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HomeMy WebLinkAbout10-4811Leon 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. MICHAEL L. BEAL AND CATRINA S. BEAL Defendants X11. ~' __ - ,~~;. \.:J 2A~0 JUL 22 AM i~~ 0 ` 4t 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA )Q-~$~~ I CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE TffiS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARR DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE U`STED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 8' f^~.. 0 d ~~ ak~l~13~ ~,~~.y~"~ r3 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff vs. MICHAEL L. BEAL AND CATRINA S. BEAL, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff vs. MICHAEL L. BEAL AND CATRINA S. BEAL, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, pursuant to a Trust Indenture dated as of April 1, 1982 ("Trust"), is a National Association with a Servicing Agent of the Pennsylvania Housing Finance Agency, with an address of 211 North Front Street, Harrisburg, Pennsylvania 17101. 2. Defendants, MICHAEL L. BEAL and CATRINA S. BEAL, aze adult individuals whose last known address is 217 CONSTITUTIONAL COURT MECHANICSBURG, PA 17050. 3. On or about, Mazch 31, 2008, Michael L. Beal executed and delivered a Mortgage Note in the sum of $197,000.00 payable to COMMERCE BANK/HARRISBURG, N.A., which Note is attached hereto and mazked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth on April 4, 2008 as Instrument Number 200810694 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to PENNSYLVANIA HOUSING FINANCE AGENCY and was recorded in the aforesaid County on Apri14, 2008 as Instrument Number 200810695. The Mortgage was further assigned to U.S. BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY and was recorded in the aforesaid County on April 7, 2010 as Instrument Number 201008568. The said Mortgage and Assignments aze incorporated herein by reference. 5. The land subject to the Mortgage is: 256 H STREET CARLISLE, PA 17013 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants aze the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on November O1, 2009 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $41.19 per day From 10/01/2009 To 08/01/2010 (based on contract rate of 7.6250%) Accumulated Late Chazges Late Charges $69.72 From 11 /0l /2009 to 08/01 /2010 Escrow Credit Attorney's Fee at 5% of Principal Balance TOTAL $194,448.93 $12,521.76 $652.48 $627.48 ($257.58) $9,722.45 $217,715.52 * *Together with interest at the per diem rate noted above after August O1, 2010 and other chazges and costs to date of Sheriff's Sale. The attorney's fees set forth above aze in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third parry purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that aze actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. The Plaintiff has complied with the notice procedures required by Pennsylvania Act 160 of 1998 which contained amendments to Act 91 of 1983 (35 P.S. 1680.401c et. se' .and Pennsylvania Act 57 of 2008 which contained amendments to Act 6 of 1974 (41 P.S. 101 et. se by sending to each Defendant, by certified and regulaz mail, a copy of the Combined Act 6/91 Notice. True and correct copies of the Combined Act 6/91 Notices dated Apri122, 2010 and June 15, 2010 are attached hereto as Exhibit "C". 10. The Defendants have either failed to meet the time limitations as set forth under the Combined Act 6/91 Notice or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. 11. The Defendants aze not members of the Armed Forces of 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. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.6250% ($41.19 per diem), together with other chazges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. By: PURCELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) • NOTE [1L'u~-ice N- U "O~ teoana:77~eaea9a$xL CS 31, 2008 CARLISLE, PENNSYLVANIA [Date] (City] [State] 256 8 STREET, CARLISLE, PA 17013 /a t 1 _ ~.~ [Properly Address] ~ ~ .~~~ g.~ 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $197, 000 .00 (this amount is called "Principal"), plus interest, to the order of the Lender. T'he Lender is COI~IBRCB BANK/HARRISBIIRG, N.A.. 1 will make all payments under this Note in the form of cash, check or money order. l understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. 1 will pay interest at a yearly rate of 7.625%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments 1 will pay principal and interest by making a payment every month. 1 will make my monthly payment on the 1ST day of each month beginning on ~7[7N8 1, 2008. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Irach monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. lf, on NAY 1, 2038, I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." 1 will make my monthly payments at 3801 PARTON STREET, HARRISBIIRG, PA 17111 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment wil I be in the amount of U.S. $1, 3 9 4.3 5. 4. BORROWER'S RIGIIT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder wilt use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If 1 make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES if a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to roe. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. [f a refund reduces Principal, the reduction will be treated as a partial Prepayment. MULTISTATE FIXED RATE NOTE --Single Family-- Fannie Mre/Freddie Mac UNIFORM INSTRUMENT ~+ 5.10 Form 3200 t/Ot (page ! of 3 pnges) ~I • ~ 777826298EAL 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if 1 do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will stilt have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses if the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. S. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS [ 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 the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Nate Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if [ do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions l may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: MULTISTATE FIXED RATE NOTE -Single Fsmily-- Frnnfe Mae/Freddle Mac UNIFORM INSTRUMENT 4~ 5.10 Form 3200 1101 (page 2 aJ' 3 pager) 77782829BE1-L If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of al] sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section IS within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. - BO ROWER - Michael L. Seal - DAT - (Sign Original On1yJ Without recourse, pay to the order of Pennsylvania Housing Finance Agency BY: Commerce Bank/Harrisburg, N.A. .-,~ ASSISTANT VICE PRESIDENT MULTISTATE FIXED RATE NOTE --Single Family-- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 5.10 Form 3200 I/Ol (page 3 of 3 pages) ' ALL THAT CERTAIN tract of 1 and, situate in the B orough of Carlisle, Cumberland County, Pennsylvania, being described as Lot No. 5 on the Final Subdivision Plan for Duffield, prepared by Stephen G. Fisher, P.L.S., dated March ti, 1998, last revised December 21, 1998 and being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 78, Page 66, more fully bounded and described as fo{lows: BEGINNING at an iron pin set in the southern dedicated right of way line of "H" Street at the dividing tine between Lots Nos. 5 and 6 of said plan; thence along said dividing line, South 06 degrees 22 minutes 00 seconds West, a distance of 158.00 feet to a point; thence along the dividing line between Lots Nos. 5, 17 and 18, North' 83 degrees 38 minutes 00 seconds West, a distance of 37.00 feet to a point at the dividing line between Lots Nos. 5 and 6 of said plan; thence along said dividing line, North 06 degrees 22 minutes 00 seconds East, a distance of 158.00 feet to a point along the southern dedicated right of way line of "H" Street; thence along said dedicated right of way line, South $3 degrees 38 minutes 00 seconds East, a distance of 37.00 feet to a point along the dividing line between Lots Nos. 5 and 6 of sa'sd plan, the Place of BEGINNING. BEING known and numbered as 256 "H" Street, Carlisle, Pennsylvania. Date: 4/22/2010 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages The HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the Program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. if you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call 717-780-18fi9.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SOMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL COAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. i i I (~~ ~ ~ ACT691 LR/dtmdocs/ALSV/ b yJ- HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NO. MICHAEL L. BEAL 256 H STREET CARLISLE, PA 17013-1396 1733781 CURRENT LENDER/SERVICER: Pennsylvania Housing Finance Agency 211 North Front Street P.O. Box 15057 Harrisburg, PA 17105-5057 HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF, 1983 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS; AND, * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY TH'E PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). 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 MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST gR~N~ vni iQ n~nRTre~~ ~ ~o Tn r,~,-~ THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP Tn HATE CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the Consumer Credit Counseling Agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated Consumer Credit Counseling Agencies for the county m which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately 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). You have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Program. To do so you must fill out, sign and file a completed Homeowners' Emergency Mortgage Assistance Program Application with one of the designated Consumer Credit Counseling ACT691 LR/dtmdocs/ALSV/ ' 'Agencies listed at the end of this Notice. Only Consumer Credit Counseling Agencies have applications for the Program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for Emergency Mortgage Assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During. that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have flied bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your property located at: 256 H STREET, CARLISLE, PA 17013-1396, IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the months November, 2009 thru the first of April, 2010 in the amount of $10,840.00 plus late charges that have accrued in the amount of $557.76. THE TOTAL AMOUNT DUE IS 511,408.76. This includes all payments, fees and expenses due, less any funds we are holding in suspense. 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 $11,408.76 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash in our office, cashier's check, certified check or money order made savable and sent t~~ PENNSYLVANIA HOUSING FINANCE AGENCY 211 N FRONT STREET P.O. BOX 15057 HARRISBURG, PA 17105-5057 ACT69t LR/dtmdocs/ALSV/ 'IF YOU DO NOT CURE THE DEFAULT-- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exerct8e Its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) 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 Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by paying the total amount then past due, plus anv late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as If you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately three months from the date of this Notice. 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: PENNSYLVANIA HOUSING FINANCE AGENCY 211 NORTH FRONT STREET P.O. BOX 15057 HARRISBURG, PA 17105-5057 1-800-822-7375 717-780-3804 (FAX) Contact Person: KIMBERLEY AYALA Counseling Agencies: In addition to malting Appendix B, Notice of Face-To-Face Meeting, please notify PHFA (when we are the first lien holder) of the face-to-face meeting and pending submission of application for HEMAP assistance by sending an a-mail to: KayalaCDphfa.org. If you do not have access to a-mall, please call Kim Ayala at 717-780-1815 and advise of the face-to-face meeting. EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership 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 remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. (This does not apply if your mortgage was originated under the Home Start Program.) ACT691 LR/dtmdocs/ALSV/ YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY PHFA CCCS of Western PA 211 North Front Street 2000 Linglestown Road Harrisburg, PA 17110 Harrisburg, PA 17102 717.780.3940 888.511.2227 Community Action Commission of Capiial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717.334.1518 ACT691 LR/dtmdocs/ALS V/ ~~ Pennsylvania Housing Finance Agency Accounting & Loan Servicin ' 211 North Front Street, P. U. Boz 15(157 Harrisburg, PA 17105-5057 (800) 346-3597 FAX (717} 780-3804 7TY(717) 780-1869 N~JTICE 4/22/2010 MICHAEL L. BEAL 256 H STREET CARLISLE, PA 17013 RE: Account #1733781 TO: MICHAEL L. BEAL 256 H STREET CARLISLE, PA 17013-1396 FROM: PENNSYLVANIA HOUSING FINANCE AGENCY The Federal Housing and Development Act of 1987 (as amended) directs creditors to notify homeowners who are delinquent in their mortgage obligation of the availability of homeownership counseling provided by nonprofit organizations approved by the Secretary of the Department of Housing and Urban Development ("HUD") and experienced in the provision of homeownership counseling. Attached is a current list of HUD-approved counseling agencies for Pennsylvania. Attachment: Housing Counseling List ACT691 LR/dtmdocs/ALS V/ HUD-APPROVED CREDIT COUNSELING AGENCIES CCCS OF WESTERN PA-HARRISBURG 2000 LINGLESTOWN RD. NACA HARRISBURG, PA. 17110 1341 N DELAWARE AVE; SUITE 312 Phone:888-599-2227 PHILADELPHIA, PA. 19125 Phone:888-297-5568 HOUSING ALLIANCE OF YORK PHILADELPHIA COUNCIL OF COMMINITY DEVELOPMENT 34 S. Duke St. York, PA 17401-1108 ONE PENN CENTER;1617 JFK BLVD; SUITE 1550 Phone: 800-864-4909 PHILADELPHIA, PA. 19103-1828 Phone:800-930.4663 TABOR COMMUNITY SERVICES 208 E King St. Lancaster, PA 17608-1676 Phone: 717-397-5182 ACT691 LR/dttndocs/ALSV/ ?~ 3903 9848 7690 3269 ~: MI CHAEL L REAL 256 H STREET CARLISLE, PA 17013 't SENDEp:FISSEL RER4REN~0~17 3 37 81 P8 Form { RETIJFW PbM~ ~ ~~ ~~ ? R~cslpt for Certified Maii ~~~d ~ D~ M1~ tM 4 ~~111! ;~ N V~i~~ i~ w C~~'~~11 ~ W vH~ a~ ~jj F.• ~ ~, t., ; t r i ~ M ~ ~ R V y yy ' W ~ r Li i'e ,,~ G D r K m ~ m I J ~ C I~ n i _ I R I _ _ _ _ - ~,.~ (_ o I p~ r Jy: 4 A ,7; N ~: N' J f ~rf ,~~ ~~~ ~~- ra ~ s 7ba~4 ' 02 1q ~ - 000489~ta~- A~~~~ `~~; DIED 71JFJ-15-?010 15 48 PA HI~US I h~1G ^17?8©.~9©~ P. ©? Date: 6/15/20 0 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the Program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling A eq_nCV. The name. address and phone number of Gonsumer Gredit Counseling Agencies servingyour Gounty are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397J. (APersons1 with impaired hearing_can call 71 I -7V O"~ 869. J This Notice contains important legal information. !f you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACIQN EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO C~OMPRENDE EL CONTENIDO DE ESTA NOTIFICACION 06TENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. ACT691 l.Ridtmdocs/ALSV~ JUtd-15-?D1© 15~~8 PA HBU.SIhJG 71778©38®4 t'.~.5 HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NO.: CATRINA S. BEAL 256 H STREET CARLISLE, PA 17013-1396 1733781 CURRENT LENDER/SERVICER: Pennsylvania Housing Finance Agency 211 North Front Street P.O. Box 15057 Harrisburg, PA 17105.5057 HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: w IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS; AND, * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3} days for mailing). 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 MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. Tuc ~A~T /'1C Tu1C ninTir_F nn- i ~n ~~Nnw Tn CURE YOUR MORTGAGE DEFAULT" EXPLAINS CONSUMER CREDIT COUNSELING AGENCIES -- If you meet wish one of the Consumer Credit Counseling Agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated Consumer Credit Counseling Agencies for the county in which the property !s located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your in#entions. 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}. You have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Program. To do so you must fill out, sign and file a completed Homeowners' Emergency Mortgage Assistance Program Application with one of the designated Consumer Credit Counseling ACT691 LRidtmdocs/ALSVr JIJt•l-15-2010 1S ~ X38 PA H(71JS I t~JG 'r 1'~'r'~1~.5rJE'J~3 r. ~~ Agencies lisa:ed at the end of this Notice. Only Consumer Credit Counseling Agencies have applications for the Program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for Emergency Mortgage Assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the- Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF'THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filled bankruptcy you can still apply for Emergency Mortgage Asslstance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your property located at: 256 H STREET, CARLISLE, PA 17013-1396, 1S SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the months November, 2009 thru the first of June, 2010 in the amount of $14,458.00 plus late charges that have accrued in the amount of $627.48. THE TOTAL AMOUNT DUE IS $15,812.48. This includes all payments, fees and expenses due, less any funds we are holding in suspense. 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 $15,812.48 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash in our office. cashier's check. PENNSYLVANIA HOUSING FINANCE AGENCY 211 N FRONT STREET P.O. BOX 15057 HARRISBURG, PA 17105-5057 ACT691 LR/dfmdocs/ALSVi 49 PH HU1J.`~ 1 NG 'r 1'r'r SIJ.~h~:~ P . IF YOU DO NOT CURE THE DEFAULT-- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise Its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) 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 Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attomey's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required tv paY attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anv time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any Tate or other cnarQes tnen clue, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writincl by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as If you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately three months from the date of this Notice. 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: PENNSYLVANIA HOUSING FINANCE AGENCY 211 NORTH FRONT STREET P.O. BOX 1S057 HARRISBURG, PA 1710S-5057 1-800-822-7375 717.780-3804 (FAX) Contact Person: KIMBERLEY AYALA Counsellng Agencies: In addition to mailing Appendix B, Notice of Face-To-Face Meeting, please notify PHFA (when we are the first lien holder] of the face-to-face meeting and pending submission of application for HEMAP assistance by sending an a-mall to: Kayala@phfa.org. If you do not have access to a-mail, please call Kim Ayala at 717-780-1815 and advise of the face-to-face meeting. EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. (This does not apply if your mortgage was originated under the Home Start Program.) ACT691 LRJdlmdocs/ALSV/ JUf~l-1~-:~blb 1~~~'~ HH HUIJ'~1hdU '71775©~BQ~ P.~S YOU MAY ALSO HAVE TWE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. = TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. = TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) = TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY PHFA CCCS of Western PA 211 North Front Street 2000 Lingleslown Road Harrisburg, PA 17110 Harrisburg, PA 17102 717.78o.39ao Community Action Commission of Capital Region 1519 Derry Street Harrisburg, PA 17104 717.232.9757 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PA Interfaith Community Programs Inc d0 E High Street Gettysburg, PA 17325 717.334.1518 ACT691 LR/dtmdocs/AISVI TUhJ-15-?D1© 1549 Pennsylvania PA HOU.S I har, ' I1'r"~ ~~ Housing Finance Agency Accounting & Loan Servicing 311 North 1'ronc Smeet, P.O. Box 15057 Harrisburg, P~1 17105-SU57 (800) 34<-3597 I~:9X (717) 780-3804 TTY (717) 78(y1869 NOTICE 6/15/2010 CATRINA S. BEAL 256 H STREET CARLISLE, PA 17013-1396 RE: Account #1733781 TO: CATRINA S. BEAL 256 H STREET CARLISLE, PA 17013-1396 FROM: PENNSYLVANIA HOUSING FINANCE AGENCY The Federal Housing and Development Act of 1987 (as amended) directs creditors to notify homeowners who are delinquent in their mortgage obligation of the availability of homeownership counseling provided by nonprofit organizations approved by the Secretary of the Department of Housing and Urban Development ("HUD") and experienced in the provision of homeownership counseling. Attached is a current list of HUD-approved counseling agencies for Pennsylvania. Attachment: Housing Counseling List ACY691 LRidtmdoc:/ALSV/ r1 r• rr~e.~r~e~; r. ~r~ HUD-APPROVEp CREDIT COUNSELING AGENCIES CCC8 OF WESTERN PA-HARRISBURG NACA 2000 `LINGLESTOwN RD. 1341 N DELAWARE AVE; SUITE 312 HARRISBURG, PA. 17110 PHILADELPHIA, PA. 19125 Phone:888-599-2227 Phone:888-297-5568 HOUSING ALLIANCE OF YORK PHILADELPHIA COUNCIL OF COMMINITV DEVELOPMENT 34 S. Duke Si. ONE PENN CENTER;1617 JFK 6LVD; SUITE 1550 York, PA 17401-1106 PHILADELPHIA. PA. 19103-1828 Phone;800-864.4909 Phone•800-930-4663 .;.TABOR COMMUNITY SERVICES 208 E Kfng Si. Lancaster, PA 17608-1676 Phone: 717-397-5182 ACT691 LR/dtmdocs/ALSV/ J~JN-15-2010 15 ~ 5i PA HOUS I h•1G 7160 3901 9848 9414 1999 TO: CATRINA BEAL 256 H STREET CARLISLE, PA 17413 SENDER: AYALA REFERENCE: 17 337 81 RE(VRN ~a~° ' RECEIPT CertNled Fea SERVICE gewm Receipt Fee Restricted Delivery Ttxul Po"age S Foes' 5 . US p~tatl Senitce POSTMARK OR DATE Receipt for. Certified Mail Flo Msurance Coverage Provided po Not Use Wr Ingrnetlonel Matl 71778838©4 P. 15 7160 3901 9848 9414 202 TO: CATRINA REAL 217 CONSTITUTIONAL COURT MECHANICSBURG,PA 17050 SENDER: AYALA REFERENCE: 17 3 37 81 Rt-rvaN ~,a. • RECEIPT Cerl~Yled Fee SERVICE Return Receipt Fee Total Passage i US Postal Serviu Receipt for Certified Mail POSTMARK OR DATE •x k~ ~,'~ r 99 ~:~~ . ;^!U ~t j i i ; : i 7•l ~ •.~ a '~ ~C,yy~~~+er ', i w d _.. ~. ~ ,L H I _. ~ ~ G ~ ~ ~ ~ ~ Uo t~ D N ~~~~o~~ ~; ~a~~li~~~ TOTAL P. 15 VERIFICATION Anthony J. Julian hereby states that he is the Director of Accounting and Loan Servicing of the Pennsylvania Housing Finance Agency, mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Anthony J. J an Director of Accounting and Loan Servicing Date: ~ l/ PENNSYLVANIA HOUSING FINANCE AGENCY SERVICING AGENT FOR U.S. BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR PENNSYLVANIA HOUSIIV~a FiIVAN~& AC3~T~Y SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~ ` f ~ , I,'=~ Sheriff ,~p~~ oC 4rtlll~ibE~l"tp ~ ... ~- Jody SSmith ~ 4~ Chief Deputy C :~ , t ~' u r .. `.. _ :~ ~ , ~ . ~ ~~ t ~~ ;~~ ~ bolo ~uG 3 ~ina~ I I:~i~ Richard W Stewart _''- ~~- ~ ~, Solicitor oFFIcE ; - ~~ c,~ERIFF ~; _. ~~,,~.f r~~, US Bank National Association vs. Case Number Michael L. Beal (et al.) 2010-4811 SHERIFF'S RETURN OF SERVICE 07/27/2010 06:59 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on July 27, 2010 at 1859 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Michael L. Beal, by making known unto himself personally, at 217 Constitutional Court, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. AM NDA COBAUGH, DEPUTY 07/27/2010 06:59 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on July 27, 2010 at 1859 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Catrina S. Beal, by making known unto Michael Beal, Husband of defendant at 217 Constitutional Court, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. AM NDA COBAUGH, DEPU 07/27/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Occupant of 256 H Street, Carlisle, PA 17013, 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 Occupant. Request for service at 256 H Street, Carlisle, PA 17013 is vacant. SHERIFF COST: $79.40 July 28, 2010 SO ANSWERS, t~~ RON R ANDERSON, SHERIFF (c) CountySuite Shenff. Tpleosoft. Inc. U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-4811 0 MICHAEL L. BEAL C CATRINA S. BEAL, MORTGAGE FORECLOSURE -a m DEFENDANT(S) ?-? LY _.PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: c Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) ro C? x- ?n fi- cr. --n ym MICHAEL L. BEAL and CATRINA S. BEAL 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 Interest Per diem of $41.19 From 10/01/2009 To 07/01/2010 Accumulated Late Charges Late Charges ($69.72 per month to 07/01/2010) Escrow Credit $194,448.93 $12,521.76 $652.48 $627.48 -$257.58 5% Attorney's Commission TOTAL $9,722.45 $217,715.52 "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 & HALLER By_... Leon P. Hall A I.D. # 15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 g N. 00 P? a-17 s-sl S f tJ-4, - -11d 17 W U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF Vs. MICHAEL L. BEAL CATRINA S. BEAL, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-4811 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on August 19, 2010 I served the Ten Day Notice required by Pa. R.C.P. on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. By Leon P. Haller P D. # I -MO 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 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-4811 VS. MICHAEL L. BEAL AND CATRINA S. BEAL Defendants CIVIL ACTION LAW IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: August 19, 2010 TO: MICHAEL L. BEAL 217 CONSTITUTIONAL COURT MECHANICSBURG, PA 17050 MICHAEL L. BEAL 256 H STREET CARLISLE, PA 17013 CATRINA S. BEAL 217 CONSTITUTIONAL COURT MECHANICSBURG, PA 17050 CATRINA S. BEAL 256 H STREET CARLISLE, PA 17013 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 & HALLS Y LEON P. HALLER, Attorney for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. MICHAEL L. BEAL CATRINA S. BEAL, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-4811 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 before me this -3 day ot 'zLo - 20 otar P is LEO ALLER, ESQUIRE COMMONWEALTH F PENNSYLVANIA NOTARIAL SEAL MARYLAND K. FERRETTI, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Aug. 8, 2014 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY. PLAINTIFF vs. MICHAEL L. BEAL CATRINA S. BEAL, DEFENDANT(S) IN T14E COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-4811 IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS: You are hereby notified that on 0M 10 the following judgment has been entered against you in the above-captioned matter: $217,715.52 and for the sale and foreclosure of your property located at: 256 H STREET CARLISLE, PA 17013 Dated: September 3, 2010 lsl'0D. &-a-W PROTHONOTARY pL Attorney for Plaintiff: Leon P. Haller 1719 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4178 I hereby certify that the following person(s) and their respective addresses are the proper individuals to receive this Notice pursuant to PA R.C.P. No. 236 MICHAEL L. BEAL 217 CONSTITUTIONAL COURT MECHANICSBURG, PA 17050 CATRINA S. BEAL 217 CONSTITUTIONAL COURT MECHANICSBURG, PA 17050 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N010-4811 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff (s) From MICHAEL L. BEAL AND CATRINA S. BEAL (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$217,715.52 L.L.$.50 Interest PER DIEM OF $41.19 TO SALE DATE 12/8/2010 - $5,272.32 Atty's Comm % Due Prothy $2.00 Atty Paid $211.90 Other CostsLATE CHARGES $69.72 PER MONTH TO SALE DATE 12/8/2010 - $278.88 ESCROW DEFICIT - $2,010.00 * PLUS ADDITIONAL INTEREST, LATE CHARGES AND OTHER COSTS TO DATE OF SHERIFF'S SALE - SALE DATE: WEDNESDAY, DECEMBER 08, 2010 Plaintiff Paid Date: SEPTEMBER 8, 2010 (Seal) REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE 1 Daidd? Protho tary By: Deputy Address: PURCELL, KRUG & HALLER, 1719 NORTH FRONT STREET, HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 10-4811 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. MICHAEL L. BEAL CATRINA S. BEAL, (PROTHONOTARY'S USE) Pltf. Paid Deft. Paid Due Proth/Clerk Other Costs 6 TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. Date: September 3, 2010 Attorney for Plaintiff 1719 North Front Street Leon P. Haller Harrisburg, PA 17102 PA I.D. # 15700 (71.7) 234-4178 Total Judgment Amount $217,715.52 Interest $5,272.32 Per diem of $41.19 to sale date 12/8/2010 Late Charges $278.88 $69.72 per month to sale date 12/8/2010 Escrow Deficit $2,010.00 DEFENDANT(S) TOTAL WRIT $225,276.72 *Plus additional interest, late charges and other costs to date of sheriffs sale. SALE DATE: Wednesday, December 08, 2010 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: SS -0 CL' Gr „! 'C V) "°1 S C7 :3z all -`M :zt To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and ET CARLISLE, PA 17013 sell the property described in the attached description known as 256 7/- 7?4a Date: PROTH Y/CLE K CIVIL DIVISION BY DEPUTY 24.64 sr ry)-.vo post 'rlN.va C t 5-10 R`tv fL?i Py7 Sr=fS sa, sa ALL THAT CERTAIN tract of land, situate in the Borough of Carlisle, Cumberland County, ?ennsylvania, being described as Lot No. 5 on the Final Subdivision Plan for Duffield, prepared by :3tephen G. Fisher, P.L.S., dated March 6, 1998, last revised December 21, 1998, and recorded in Cumberland County Plan Book 78, Page 66, bounded and described as follows: BEGINNING at an iron pin set on the southern dedicated right of way line of "H" Street at the dividing line between Lots Nos. 5 and 6 of said plan; thence along said dividing line, South 06 degrees 22 minutes 00 seconds West a distance of 158.00 feet to a point; thence along the dividing line between Lots Nos. 5, 17 and 18, North 83 degrees 38 minutes 00 seconds West, a distance of 37.00 feet to a point at the dividing line between Lots Nos. 5 and 6 of said plan; thence along said dividing line, North 06 degrees 22 minutes 00 seconds East a distance of 158.00 feet to a point along the southern dedicated right of way line of "H" Street; thence along said dedicated right of way line, South 83 degrees 38 minutes 00 seconds East, a distance of 37.00 feet to a point along the dividing line between Lots Nos. 5 and 6 of said plan, the place of BEGINNING. CONTAINING 7,715.14 square feet. HAVING THEREON ERECTED A DWELLING KNOWN AS 256 H STREET CARLISLE, PA 17013 BEING THE SAME PREMISES WHICH Lettermen. Inc. by deed dated 3/9/07 and recorded 3/16/07 in Cumberland County Record Book 279 Page 790, granted and conveyed unto Michael L. Beal and Catrina S. Beal, husband and wife. TO BE SOLD AS THE PROPERTY OF MICHAEL L. BEAL AND CATRINA S. BEAL ON JUDGMENT NO. 10-4811 ASSESSMENT NO. 06-19-1643-413 UNDER AND SUBJECT to and together with prior grants and reservations of coal, oil, gas, mining rights-of-way, exceptions, conditions, restrictions and reservations of record, as the same may appear in this or prior instruments of record. V-1-4 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. MICHAEL L. BEAL CATRINA S. BEAL, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-4811 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 256 H STREET CARLISLE, PA 17013: 1. Name and address of the Owner(s) or Reputed Owner(s): I MICHAEL L. BEAL -Vm [IQ F Ft -J ' 11 217 CONSTITUTIONAL COURT -73, M MECHANICSBURG, PA 17050 u; = co CATRINA S. BEAL ;n 217 CONSTITUTIONAL COURT ?- MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 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: F DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 256 H STREET CARLISLE, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made s bject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Leon P. Hall A I.D. # 15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 3, 2010 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. MICHAEL L. BEAL CATRINA S. BEAL, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-4811 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: n DATE: Wednesday, December 08, 2010 ro rr? TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse s Carlisle, Pennsylvania 17013 ?? c° 3 Z4 rn 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: 256 H STREET CARLISLE, PA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 10-4811 JUDGMENT AMOUNT $217,715.52 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: MICHAEL L. BEAL and CATRINA S. BEAL 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 the Borough of Carlisle, Cumberland County, Pennsylvania, being described as Lot No. 5 on the Final Subdivision Plan for Duffield, prepared by Stephen G. Fisher, P.L.S., dated March 6, 1998, last revised December 21, 1998, and recorded in Cumberland County Plan Book 78, Page 66, bounded and described as follows: BEGINNING at an iron pin set on the southern dedicated right of way line of "H" Street at the dividing line between Lots Nos. 5 and 6 of said plan; thence along said dividing line, South 06 degrees 22 minutes 00 seconds West a distance of 158.00 feet to a point; thence along the dividing line between Lots Nos. 5, 17 and 18, North 83 degrees 38 minutes 00 seconds West, a distance of 37.00 feet to a point at the dividing line between Lots Nos. 5 and 6 of said plan; thence along said dividing line, North 06 degrees 22 minutes 00 seconds East a distance of 158.00 feet to a point along the southern dedicated right of way line of "H" Street; thence along said dedicated right of way line, South 83 degrees 38 minutes 00 seconds East, a distance of 37.00 feet to a point along the dividing line between Lots Nos. 5 and 6 of said plan, the place of BEGINNING. CONTAINING 7,715.14 square feet. HAVING THEREON ERECTED A DWELLING KNOWN AS 256 H STREET CARLISLE, PA 17013 BEING THE SAME PREMISES WHICH Lettermen, Inc. by deed dated 3/9/07 and recorded 3/16/07 in Cumberland County Record Book 279 Page 790, granted and conveyed unto Michael L. Beal and Catrina S. Beal, husband and wife. TO BE SOLD AS THE PROPERTY OF MICHAEL L. BEAL AND CATRINA S. BEAL ON JUDGMENT NO. 10-4811 ASSESSMENT NO. 06-19-1643-413 UNDER AND SUBJECT to and together with prior grants and reservations of coal, oil, gas, mining rights-of-way, exceptions, conditions, restrictions and reservations of record, as the same may appear in this or prior instruments of record. U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. MICHAEL L. BEAL CATRINA S. BEAL, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-4811 IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on q j 13 12CID , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: MICHAEL L. BEAL 217 CONSTITUTIONAL COURT MECHANICSBURG, PA 17050 CATRINA S. BEAL 217 CONSTITUTIONAL COURT i MECHANICSBURG, PA 17050 - ; :-; DOMESTIC RELATIONS Co Cumberland County Courthouse = * `?' - =-a 13 North Hanover Street Carlisle, PA 17013 e TENANT/OCCUPANT 256 H STREET CARLISLE, PA 17013 By PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR. JILL M. WINKA NICHOLE M. STALEY O'GORMAN A axed/ `-'?gxae'x 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FAX (717) 234-1206 MICHAEL L. BEAL 217 CONSTITUTIONAL COURT MECHANICSBURG, PA 17050 CATRINA S. BEAL 217 CONSTITUTIONAL COURT MECHANICSBURG, PA 17050 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 256 H STREET CARLISLE, PA 17013 HERSHEY (717)533-3836 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriffs Sale. By: Leon P. Haller PA I.D.15700 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. MICHAEL L. BEAL CATRINA S. BEAL, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-4811 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, December 08, 2010 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: 256 H STREET CARLISLE, PA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 10-4811 JUDGMENT AMOUNT $217,715.52 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: MICHAEL L. BEAL and CATRINA S. BEAL 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 ALL THAT CERTAIN tract of land, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, being described as Lot No. 5 on the Final Subdivision Plan for Duffield, prepared by Stephen G. Fisher, P.L.S., dated March 6, 1998, last revised December 21, 1998, and recorded in Cumberland County Plan Book 78, Page 66, bounded and described as follows: BEGINNING at an iron pin set on the southern dedicated right of way line of "H" Street at the dividing line between Lots Nos. 5 and 6 of said plan; thence along said dividing line, South 06 degrees 22 minutes 00 seconds West a distance of 158.00 feet to a point; thence along the dividing line between Lots Nos. 5, 17 and 18, North 83 degrees 38 minutes 00 seconds West, a distance of 37.00 feet to a point at the dividing line between Lots Nos. 5 and 6 of said plan; thence along said dividing line, North 06 degrees 22 minutes 00 seconds East a distance of 158.00 feet to a point along the southern dedicated right of way line of "H" Street; thence along said dedicated right of way line, South 83 degrees 38 minutes 00 seconds East, a distance of 37.00 feet to a point along the dividing line between Lots Nos. 5 and 6 of said plan, the place of BEGINNING. CONTAINING 7,715.14 square feet. HAVING THEREON ERECTED A DWELLING KNOWN AS 256 H STREET CARLISLE, PA 17013 BEING THE SAME PREMISES WHICH Lettermen, Inc. by deed dated 3/9/07 and recorded 3/16/07 in Cumberland County Record Book 279 Page 790, granted and conveyed unto Michael L. Beal and Catrina S. Beal, husband and wife. TO BE SOLD AS THE PROPERTY OF MICHAEL L. BEAL AND CATRINA S. BEAL ON JUDGMENT NO. 10-4811 ASSESSMENT NO. 06-19-1643-413 UNDER AND SUBJECT to and together with prior grants and reservations of coal, oil, gas, mining rights-of-way, exceptions, conditions, restrictions and reservations of record, as the same may appear in this or prior instruments of record. 7140 34MI 96K6 7275 11636 TO' CATRINA S. BEAL 217 CONSTITUTIONAL COURT MECHANICSBURG, PA 17050 SENDER:PHFA/BEAL REFERENCE 40S 12/08/10 RETURN Postage 0 6 1 RECEIPT Certified Fee . SERVICE 2.80 Retum Receipt Fee Restrict d DeMry Total Poefage & Fees US Postal Service .............. POSTMARK OR DATE Receipt for Certified Mail • No Insurance Coverage Provided l Do Not Use for International Mad ' o 7140 3101 4646 7275 4821 MICHAEL L. BEAL 217 CONSTITUTIONAL COURT MECHANICSBURG, PA 17050 ONMDER:PHFA/BEAL i FAWRENCEpOS 12/08/10 i F*TURN Posta I T Certified Fee -I SERVICE Return Receipt Fee 4 Restricted Delivery Total Postage & Few US Postal Service POSTMARK OR DATE Receipt for Certified Mail No lneurance Coverage Provided i Do Not Use for International Mal I l " s PENNSYLVANIA HOUSING FINANCE AGENCY v. MICHAEL L. BEAL CATRINA S. BEAL Cumberland County Sale 12/8/2010 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: MICHAEL L. BEAL 217 CONSTITUTIONAL COURT MECHANICSBURG, PA 17050 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: CATRINA S. BEAL 217 CONSTITUTIONAL COURT MECHANICSBURG, PA 17050 U. S. POSTAL SERVICE CERTIFICATE OF MAILING fIn compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 r. P-1 i wi. n MWEY BOWES 02 1M $ 01.150 0004284324 SEP13 2010 MAILED FROM ZIPCODE 1 710 2 PENNSYLVANIA HOUSING FINANCE AGENCY v. MICHAEL L. BEAL CATRINA S. BEAL Cumberland County Sale 12/8/2010 U. S. POSTAL SERVICE CERTIFICATE OF MAILING ¢n compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: TENANTIOCCUPANT 256 H STREET CARLISLE, PA 17013 o '0s PO` owl ?_, r-? ® MNEY BOWES 02 1M $ 01.150 0004284324 SEP13 2010 MAILED FROM ZIP CODE 1 710 2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor #?yt? o f 4 u m b,".,4114 FILED-.OFFICE THI PRO r NOt OTA , 2911 JAN 27 AM B: 39 CUMBERLAND COUNT'; PENNSYLVANIA US Bank National Association vs. Michael L. Beal (et al.) Case Number 2010-4811 SHERIFF'S RETURN OF SERVICE 10/08/2010 10:28 AM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 10-08-10 at 1023 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Catrina S. Beal, by making known unto, Michael L. Beal, husband of defendant, at 217 Constitutional Court, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 10/08/2010 10:28 AM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 10-08-10 at 1023 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Michael L. Beal, by making known unto, Michael L. Beal, personally, at 217 Constitutional Court, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 10/12/2010 06:56 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 10-12-10 at 1851 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Michael L. & Catrina S. Beal, located at, 256 H Street, Carlisle, Cumberland County, Pennsylvania according to law. 12/14/2010 Ronny R. Anderson, Sheriff, 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 Cumberland County Courthouse, Carlisle, PA on December 8, 2010 at 10:00 a.m.. He sold the same for the sum of $1.00 to Attorney Leon Haller on behalf of, US Bank National Association, et. al. 211 North Front Street, Harrisburg, PA 17101, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $979.82 January 21, 2011 SO ANSWERS, RON r R ANDERSON, SHERIFF a-0 ge o? /Lid -?S131;? r U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. MICHAEL L. BEAL CATRINA S. BEAL. DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAWS,- NO. 10-4811 IN MORTGAGE FORECLOSURE P: 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 256 H STREET CARLISLE, PA 17013: I . Name and address of the Owner(s) or Reputed Owner(s): MICHAEL L. BEAL 217 CONSTITUTIONAL COURT MECHANICSBURG, PA 17050 CATRINA S. BEAL 217 CONSTITUTIONAL COURT MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 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 256 H STREET CARLISLE, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I veriA, 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 s bject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Leon P. Halle A I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 3, 2010 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. MICHAEL L. BEAL CATRINA S. BEAL, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 10-4811. IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, December 08, 2010 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: 256 H STREET CARLISLE, PA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 10-4811 JUDGMENT AMOUNT $217,715.52 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: MICHAEL L. BEAL and CATRINA S. BEAL 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 717-249-3 I 66 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 the Borough of Carlisle, Cumberland County, Pennsylvania, being described as Lot No. 5 on the Final Subdivision Plan for Duffield, prepared by Stephen G. Fisher, P.L.S., dated March 6, 1998, last revised December 21, 1998, and recorded in Cumberland County Plan Book 78, Page 66, bounded and described as follows: BEGINNING at an iron pin set on the southern dedicated right of way line of "H" Street at the dividing line between Lots Nos. 5 and 6 of said plan; thence along said dividing line, South 06 degrees 22 minutes 00 seconds West a distance of 158.00 feet to a point; thence along the dividing line between Lots Nos. 5, 17 and 18, North 83 degrees 38 minutes 00 seconds West, a distance of 37.00 feet to a point at the dividing line between Lots Nos. 5 and 6 of said plan; thence along said dividing line, North 06 degrees 22 minutes 00 seconds East a distance of 158.00 feet to a point along the southern dedicated right of way line of "H" Street; thence along said dedicated right of way line, South 83 degrees 38 minutes 00 seconds East, a distance of 37.00 feet to a point along the dividing line between Lots Nos. 5 and 6 of said plan, the place of BEGINNING. CONTAINING 7,715.14 square feet. HAVING THEREON ERECTED A DWELLING KNOWN AS 256 H STREET CARLISLE, PA 17013 BEING THE SAME PREMISES WHICH Lettermen, Inc. by deed dated 3/9/07 and recorded 3/16/07 in Cumberland County Record Book 279 Page 790, granted and conveyed unto Michael L. Beal and Catrina S. Beal, husband and wife. TO BE SOLD AS THE PROPERTY OF MICHAEL L. BEAL AND CATRINA S. BEAL ON JUDGMENT NO. 104811 ASSESSMENT NO. 06-19-1643-413 UNDER AND SUBJECT to and together with prior grants and reservations of coal, oil, gas, mining rights-of-way, exceptions, conditions, restrictions and reservations of record, as the same may appear in this or prior instruments of record. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N010-4811 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL. ASSOCIATION, AS TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff (s) From MICHAEL L. BEAL AND CATRINA S. BEAL (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$217,715.52 L.L.$.50 Interest PER DIEM OF $41.19 TO SALE DATE 12/8/2010 - $5,272.32 Atty's Comm % Atty Paid $211.90 MONTH TO SALE DATE 12/8/2010 - $278.88 Due Prothy $2.00 Other CostsLATE CHARGES $69.72 PER ESCROW DEFICIT - $2,010.00 * PLUS ADDITIONAL INTEREST, LATE CHARGES AND OTHER COSTS TO DATE OF SHERIFF'S SALE - SALE DATE: WEDNESDAY, DECEMBER 08, 2010 Plaintiff Paid Date: SEPTEMBER 8, 2010 (Seal) REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Deputy Address: PURCELL, KRUG & HALLER, 1719 NORTH FRONT STREET, HARRISBURG, PA 17102 J a uell, P thonotary By: Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 On September 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, Known and numbered as, 256 H Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: UM-4_fl?l-S` &LL-LLj Real Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 22, October 29, and November 5, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. L-9-11 Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 5 da of November. 22010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2010-4811 civil US Bank National Association, as Trustee for the Pennsylvania Housing Finance Agency VS. Michael L. Beal Catrina S. Beal Atty.: Leon P. Haller ALL THAT CERTAIN tract of land, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, being described as Lot No. 5 on the Final Subdivision Plan for Duffield, prepared by Stephen G. Fisher, P.L.S., dated March 6, 1998, last revised December 21, 1998, and recorded in Cumberland County Plan Book 78, Page 66, bounded and described as follows: BEGINNING at an iron pin set on the southern dedicated right of way line of "H" Street at the dividing line between Lots Nos. 5 and 6 of said plan; thence along said dividing line, South 06 degrees 22 minutes 00 sec- onds West a distance of 158.00 feet to a point; thence along the dividing line between Lots Nos. 5, 17 and 18, North 83 degrees 38 minutes 00 seconds West, a distance of 37.00 feet to a point at the dividing line be- tween Lots Nos. 5 and 6 of said plan; thence along said dividing line, North 06 degrees 22 minutes 00 seconds East a distance of 158.00 feet to a point along the southern dedicated right of way line of "H" Street; thence along said dedicated right of way line, South 83 degrees 38 minutes 00 seconds East, a distance of 37.00 feet to a point along the dividing line between Lots Nos. 5 and 6 of said plan, the place of BEGINNING. CONTAINING 7,715.14 square feet. HAVING THEREON ERECTED A DWELLING KNOWN AS 256 H STREET, CARLISLE, PA 17013. BEING THE SAME PREMISES WHICH Lettermen, Inc. by deed dated 3/9/07 and recorded 3/16/07 in Cumberland County Record Book 279 Page 790, granted and conveyed unto Michael L. Beal and Catrina S. Beal, husband and wife. TO BE SOLD AS THE PROPERTY OF MICHAEL L. BEAL AND CATRINA S. BEAL ON JUDGMENT NO. 10- 4811. ASSESSMENT NO. 06-19-1643- 413. UNDER AND SUBJECT to and together with prior grants and res- ervations of coal, oil, gas, mining rights-of-way, exceptions, condi- tions, restrictions and reservations of record, as the same may appear in this or prior instruments of record. The- Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE Zhe Patr1*0t,*X(W5 Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, 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: 10/15/10 10/22/10 10/29/10 Sworn to and s scribed beforeime,6is 1P dAy of November, 2010 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notaft Seal Sherrie L. Kisner, Notary, Public Lower Paxton Twp., Dauphin County MY Commission Expires Nov. 26, 2011 Member, pennSVivanla -Assoc of Notaries 20104811 Civil Tian US no* He0onal Assochalon, as Truelee for the Pennsylvania Housing Finance Agency VS Michael L. Baal Catrtna S. Beal Atly: Leon P. Heller ALL THAT CERTAIN tract of land, situate in the Borough of Carlisle; Cumberland County, Pennsylvania, being described as Lot No. 5 on the Final Subdivision Plan for Duffield, prepared by Stephen G. Fisher, P.L.S, dated March 6,1998, last revised December 21,1998, and recorded in Cumberland County Plan Book 78, Page 66, bounded and described as follows: BEGINNING at an iron pin set on the southern dedicated right of way line of "H" Street at the dividing fine between Lots Nos. 5 and 6 of said plan; thence along said dividing line, South 06 degrees 22 minutes 00 seconds West a distance of 158.00 feet to a point; thence along the dividing line between Lots Nos. 5,17 and 18, North 83 degrees 38 minutes 00 seconds West, a distance of 37.00 feet to a point at the dividing line between Lots Nos. 5 and 6 of said plan; thence along said dividing line, North 06 degrees 22 minutes 00 seconds East a distance of 158.00 feet to a point along the southern dedicated right of way line of "H" Street; thence along said dedicated right of way line, South 83 degrees 38 minutes 00 seconds East, a distance of 37.00 feet to a point along the dividingline between Lots Nos. 5 and 6 of said plan, the place of BEGINNING. CONTAINING 7,715.14 square feet. HAVING THEREON ERECTED A DWELLING KNOWN AS 256 HSTREET CARLISLE, PA 17013 BEING THE SAME PREMISES WHICH Lettermen, Inc. by deed dated 319/07 and recorded 3/16/07 in Cumberland County Record Book 279 Page 790, granted and conveyed unto Michael L. Beal and Catrina S. Beal, husband and wife. TO BE SOLD AS THE PROPERTY OF MICHAEL L. BEAL AND CATRINA S. BEAL ON JUDGMENT NO. 10-.4811' ASSESSMENT NO. 06-19-1643-413 UNDER AND SUBJECT to and together with prior grants and reservations of coal, oil, gas, mining rightsof-way, exceptions, conditions, restrictions and reservations of record, as the same may appear in this or prior instruments 4 record. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I 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, Trustee is the grantee the same having been sold to said grantee on the 8th day of December A.D., 2010, under and by virtue of a writ Execution issued on the 8th day of September, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 10 Number 4811, at the suit of Pennsylvania Housing Finance Agency, Trustee against Michael L & Catrina S Beal is duly recorded as Instrument Number 201103313. IN TESTIMONY WHEREOF, I have hereunto set my hand and wal of said office this L day of A.D. 2.611 of Deeds Rkon* d §" Cumberland Coto y, CW*. PA My Comm' Expires the Frst Monday of Jan. 2014