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Home My WebLink About11-3086r-.., Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 717.234.4178 mtg@pkh.com 17..'a k. `r ,1 l U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff vs. GREGORY A. BARCLAY AND DONNA L. BARCLAY Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO, 11 30r& THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U 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 1' °z` d / R Y CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CO' M-6 SG S CARLISLE, 13 R::t C 717-249-3166 t?L 5-4o'71 3 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff VS. GREGORY A. BARCLAY AND DONNA L. BARCLAY, 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. GREGORY A. BARCLAY AND DONNA L. BARCLAY, 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, GREGORY A. BARCLAY and DONNA L. BARCLAY, are adult individuals whose last known address is 2 MIDDLE ACRES, NEWVILLE, PA 17241. 3. On or about, May 25, 2006, the said Defendants executed and delivered a Mortgage Note in the sum of $66,837.00 payable to PHILADELPHIA FINANCIAL MORTGAGE a division of LEESPORT BANK, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, 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 May 30, 2006 in Mortgage Book 1952, Page 1913 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 May 30, 2006 in Book 727, Page 2581. The Mortgage was further assigned to U.S. BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, which Assignment is attached hereto and marked Exhibit "B". The said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 2 MIDDLE ACRES A/K/A 2 MIDDLE ACRES ROAD, NEWVILLE, PA 17241 and is more particularly described in Exhibit "C" attached hereto. 6. The said Defendants are 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 August 01, 2010 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $8.90 per day From 07/01/2010 To 04/01/2011 ( based on contract rate of 5.1250%) Accumulated Late Charges Late Charges $14.56 From 08/01/2010 to 04/01/2011 Escrow Deficit Attorney's Fee at 5% of Principal Balance TOTAL $62,525.29 $2,447.50 $116.48 $288.06 $3,126.26 $68,503.59 **Together with interest at the per diem rate noted above after April 01, 2011 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. Notice of intention to foreclose and to accelerate the loan balance was sent to the Defendants by letters dated October 8, 2010 as required by Pennsylvania Act No. 6 of 1974, as amended. A copy of the October 8, 2010 Act 6 Notices is attached hereto and marked Exhibit "D". 9. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. 10. The Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Service Members Civil Relief Act, as amended. Copies of the website reports from the Department of Defense Manpower Data Center, confirming non-active military duty are attached as Exhibit "E". WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 5.1250% ($8.90 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. By: P RCELL, KRUG & HALLER on P. Haller, Esquire I.D. # 15700 Jill M. Wineka I.D. #58802 Attorneys for Plaintiff 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Loan Number: 12306089 NOTE MAY 25, 2006 [Date] 2 MIDDLE ACRES ROAD, NEWVILLE, [Property Address] FHA CASE NO. 441-7779341 1.59 6S PENNSYLVANIA 17241 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means PHILADELPHIA FINANCIAL MORTGAGE A DIVISION OF LEESPORT BANK, A PENNSYLVANIA BANKING CORPORATION and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of SIXTY-SIX THOUSAND EIGHT HUNDRED THIRTY-SEVEN AND 00/100 Dollars (U.S.s 66, 837.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of FIVE AND 125/1000 percent ( 5 . 125 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall snake a payment of principal and interest to Lender on the first day of each month beginning on JULY 1, 2006 . Any principal and interest remaining on the first da of JUNE 1, 2036 )' will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at 1767 SENTRY PARKWAY WEST, SUITE 220, BLUE BELL, PENNSYLVANIA 19422 or at such other place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 363 . 92 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for Payment Adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. (Check applicable box.) ? Growing Equity Allonge ? Graduated Payment Allonge ? Other [specify] 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. r4 v- 0?1 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of FOUR AND 000/1000 percent ( 4.000 e) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does nor authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class [nail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages I and 2 of this Note. (Seal) GREGOI'2Y BARCLAY 61 -Borrower - (Seal) -Borrower - (Seal) -Borrower (Seal) DONNA L BARCLAY -Borrower - (Seal) -Borrower _ (Seal) -Borrower ALLONGE LOAN: 12306089 Borrower(s): GREGORY A BARCLAY, DONNA L BARCLAY Property Address: 2 MIDDLE ACRES ROAD, NEWVILLE, PENNSYLVANIA 17241 Principal Balance: $66,837.00 Loan Date: MAY 2 5, 2 0 0 6 PAY TO THE ORDER OF PENNSVT VANTA HnTTSTNq FTNA rP AnE T('V Without Recourse Company Name: PHILADELPHIA FINANCI, MORTGAGE A DIVISION OF LEESPOR By: TTTT OTTTNiT?/?(J? vv? ...TCmrn,m VTrr 007CTMON Record Prepared by & Return to: U.S. Bank National Association c/o PHFA-Accounting & Loan Servicing 211 North Front Street, P.O. Box 15057 Harrisburg, Pennsylvania 17105-5057 717-780-3800 or 1-800-346-3597 PIN / ID Number: 15060035003J Above space is intentionally left blank for recording data. ASSIGNMENT OF MORTGAGE For value received, PENNSYLVANIA HOUSING FINANCE AGENCY ("PHFA"), hereby grant, sell, convey, assign and deliver unto the U.S. BANK NATIONAL ASSOCIATION, (Trustee for the Pennsylvania Housing Finance Agency, pursuant to a Trust Indenture dated as of April 1, 1982), its successors and assigns, the following described Mortgage, together with the Note secured thereby: Name of Original Mortgagor(s): GREGORY A. BARCLAY DONNA L. BARCLAY Secured by the real property located at: 2 MIDDLE ACRES ROAD, NEWVILLE, PA 17241 Municipality of. TOWNSHIP OF LOWER MIFFLIN Original Principal Amount: $66,837.00 County Recorded in: CUMBERLAND Mortgage Recorded: May 30, 2006 Record Book: 1952 Page: 1913 Last Assignment to: PA Housing Finance Agency Record Book: 727 Page: 2581 IN WITNESS WHEREOF, the said Pennsylvania Housing Finance Agency, has caused this Assignment of Mortgage to be executed by its duly authorized officer. (Series: 092, PHFA) [GUTSHALE] DATED: February 11, 2011 By: PENN$,VLVA,?IIA HOUST?JG FINANCE AGENCY Anthony J. Julia V Director of Accounting and L Van Servicing COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN On this, A4-V-- day ofV U/VCIAA,ri1011, before me, the undersiened officer, personally anneared Anthony J. Julian, Director of Accounting and DCi,I'in Servicing, an authorized officer of the Pennsylvania Housing Finance Agency, and acknowledged that he, being authorized to do so, executed the foregoing instrument for the purposes therein contained. In witness whereof, I have hereunto set my hand and official seal. F Notary Public COMMON TM QR VANIA NalarW SOW Kimbo* A. Ayala, Notary Public Clly of MarrWhM Dauphin County My Corr noon E?Ues Jan. 15, 2015 MEMBER. MQ01bYL MA AMMTION OF NOTARIES CERTIFICATE OF RESIDENCE OF ASSIGNEE I certify that the principal business and mailing address for this assignment and assignee is: U.S. Bank National Association, c/o PHFA-Accounting & Loan Servicing 211 North Front Street, P.O. Box 15057, Harrisburg, Pennsylvania 17 OS-5057 y K/ Au on ed Officer ALL the following described real estate, together with improvements thereon, lying and being situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at a railroad spike set in T-402 (Middle Road) at comer of Lot No. 3 on a plan of lots hereinafter referred to; thence along said Lot No. 3 and through an iron pin on line, North 48 degrees 16 minutes 23 seconds East, 255.00 feet to an iron pin on the Southern side of a proposed private 20-foot right-of-way as shown on said plan; thence along said private right-of-way, South 41 degrees 55 minutes 00 seconds East, 131.00 feet to an iron pin at comer of Lot No. 1 on said plan; thence along said Lot No. 1 and through an existing iron pin on line, South 48 degrees 16 minutes 23 seconds West, 255.00 feet to a railroad spike set in said T-402 (Middle Road); thence through said public road through an existing railroad spike on line, North 41 degrees 55 minutes 00 seconds West, 131.00 feet to a railroad spike set in T-402 (Middle Road) at corner ofLot No. 3 on said plan, being the place ofBEGINNING. CONTAINING 33,405 square feet. BEING Lot No. 2 of a survey made for Martin L. Weller by Byers & Runyon Surveying dated June 16, 1986, which, together with the necessary municipal approvals, is recorded in Cumberland CountyPlan Book 50, Page 140. cd?' ? . 1?co P'ennsvlvapia. Housing )Fin once A enc ~ nting & Loan Servicing 311 North Front Street, P. 0. Box 15057 Harrisburg, PA 17105-5057 (800) 346-3597 FAX ("717) 780-3899 TTY (717) 780-1869 CERTIFIED MAIL - RETURN RECEIPT REQUESTED 10/08/2010 RE: Account No. 1374768 GREGORY A. BARCLAY DONNA, L. BARCLAY 2 MIDDLE ACRES NEWVILLE, PA 17241-9601 RE: 2 MIDDLE ACRES NEWVILLE, PA 17241-9601 Dear Occupant(s): NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by PENNSYLVANIA HOUSING FINANCE AGENCY (hereinafter We, Us or Ours) on your property located at 2 MIDDLE ACRES, NEWVILLE, PA 17241-9601, IS IN SERIOUS DEFAULT because you have not made the monthly payments of $496.00 for 8/2010 through 10/2010 for a total of $1,488.00. Late charges and NSF charges that have accrued to this date in the amounts of $29.12 and $.00 respectively, are also due. The total listed below includes all fees (including inspections and securing that needed to be completed) less any funds we are holding in suspense. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is $1,517.12. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the total amount of $1,517.12, plus any additional monthly payments, expenses and late charges which may fall due during this period. Such payment must be made either by cash in our office, cashier's check, certified check or money order and made at: PENNSYLVANIA HOUSING FINANCE AGENCY 211 NORTH FRONT STREET/P.O. BOX 15057 HARRISBURG, PA 17105-5057 1-800-822-7375 or TTY (800) 346-3597 If you do not cure the default within THIRTY (30) DAYS, We intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgageed property- If the mortgage is foreclosed, your mortgage property will be sold by the sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees, even if they are over $50.00. Any attorney's fee will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty-day period, you will not be required to pay attorney fees. 11 FHAACT/dtmdocs/ALSV/ t We may also sue you personally for the unpaid principal balance ai.?-all other sums due under the mortgage. If you have not cured the default within the thirty-day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the sheriffps foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments and any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately five months from the date of this Notice. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 1-800-822-7375. This payment must be made payable in cash in our office, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THIS MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. You have the right to assert in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents, the nonexistence of a default or any other defense you believe you may have to any such action. If you maintain credit, life or disability insurance in connection with your mortgage loan, your failure to pay premiums with your payments may have already resulted or may result in the future in the lapse or a cancellation of that insurance by the insurance company. If the insurance lapses or is cancelled, reinstatement of the loan will not reinstate the insurance, and you will have to apply to the insurance company and qualify for replacement insurance R you wish to retain it. If you make partial payments on account of the delinquencies, we may accept them and apply them to the delinquencies. However, such partial payments will not cure your default or reinstate your loan. The loan will not be reinstated unless we receive the entire amount required to cure the default. Sincerely, L. Mr. Thomas L. Gouker Manager of Collections PENNSYLVANIA HOUSING FINANCE AGENCY 211 North Front Street/ P.O. Box 15057 Harrisburg, PA 17105-5057 TLG/ FHAACT/dtn-docs/ALSW Pennsylvania Housing Finance A enc, --_ -_,_ g , . Aq '; Wing & Loan Servicin 211 North Front Street, P. 0, Box 15057 Harrisburg, PA 1 71 05-505 7 (800) 346-3597 FAX (717) 780-3899 TTY (717) 780-1869 NOTICE 10/08/2010 GREGORY A. BARCLAY DONNA L. BARCLAY 2 MIDDLE ACRES NEWVILLE, PA 17241-9601 RE: Account #1374768 TO: GREGORY A. BARCLAY DONNA L. BARCLAY 2 MIDDLE ACRES NEWVILLE, PA 17241-9601 FROM: PENNSYLVANIA HOUSING FINANCE AGENCY The Federal Housing and Development Act of 1987 (as amended) directs creditors to notify homeowners who are delinquent in their mortgage obligation of the availability of homeownership counseling provided by nonprofit organizations approved by the Secretary of the Department of Housing and Urban Development ("HUD") and experienced in the provision of homeownership counseling. Attached is a current list of HUD-approved counseling agencies for Pennsylvania. If these agencies are not near you, you 569-4287 for financially distressed mortgagors fo for housing counseling agencies. Attachment: Housing Counseling List can call HUD's toll free number (800) information concerning HUD-approved FHAACT/dtmdocs/ALSW *** PLEASE BE SURE THE AGENCY OF YOUR CHOICE SERVICES YOUR COUNTY *** CCCS OF WESTERN PA-HARRISBURG 2000 LINGLESTOWN RD. HARRISBURG, PA. 17110 Phone:888-599-2227 NACA 1341 N DELAWARE AVE; SUITE 312 PHILADELPHIA, PA. 19125 Phone:888-297-5568 HOUSING ALLIANCE OF YORK DEVELOPMENT 34 S. Duke St. York, PA 17401-1106 Phone: 800-864-4909 TABOR COMMUNITY SERVICES 208 E King St. Lancaster, PA 17608-1676 Phone: 717-397-5182 PHILADELPHIA COUNCIL OF COMMINITY ONE PENN CENTER;1617 JFK BLVD; SUITE 1550 PHILADELPHIA, PA. 19103-1828 Phone:800-930-4663 FHAACT/dtn-docs/ALSW ------ ------------ to H o W ? 3 CA) J 0) 00 m H r tzj y N b D n m > H 0 ti CL t-1 t-4 Cum, >1 n ? rd t7 J tP -------------------------- D ? Cr omZ C3 C w 3 a w w 7160 3901 9848 9677 3013 TO: DONNA L BARCLAY 2 MIDDLE ACRES NEWVILLE,PA 17241 SENDER: GUTSHALE REFERENCE: 1374768 RETURN Postage .44 RECEIPT i Certified Fee 2.80 SERVICE Return Receipt Fee 2.30 Restricted Delivery Total Postage & Fees 5.54 US Postal Service POSTMARK OR DATE Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for Irilarnatonal Mail T 0 3 iP m /J 1 v ' C- o m m N o° CA 0 m n X m M? LJ N ? D - ----- ---- ----- --------- ---------------- iv ------- ? v r by f.? e 9. t:1 D a 0 ? o t Ir+ ti k w 9 m ` c Qi m CL ? " m o n > o a N fn n 1C s .? ta. .?.?? _ U J! t is .tJ C3 N C3 P X A D i a cd , S &L y '77 gp? 3 r\ ?ro b d e % m it J ^ O V t' ?ZO 6 D ^G O \ 7160 3901 9848 9677 3006 TO: GREGORY A BARCLAY 2 MIDDLE ACRES NEWVILLE,PA 17241 SENDER: GUTSHALE REFERENCE: 1374768 RETURN Postage , 4 RECEIPT Certified Fee 2.8 i SERVICE Return Receipt Fee 2.3 Restricted Delivery Total Postage & Fees 5.5 US Postal Service POSTMARK OR DATE Receipt for Certified Mail =4o insw ?n.a Coverage Provided }o t40t Use for inlarnationa l Mali 'Zequest for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Mar-02-2011 06:18:35 < Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency BARCLAY GREGORY Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). 41t lot. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/faq/pis/PC09SLDR html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmde.osd.mil/appj/scra/popre .do 3/2/2011 2ecuest'or M itary Status Page 2 of 2 11fore information on "Active Duty Status" Active duty statics as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:KFBSIKG5H0 https://www.dmdc.osd.mil/appj/scra/popreport.do 3/2/2011 Request for Vilitary Status Department of Defense Manpower Data Center Almak Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Mar-02-2011 06:19:19 Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency BARCLAY DONNA Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL httD://www.defenselink.mil/fa q/pis/PC09SLDR html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 3/2/2011 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:TN7ATLCQNB https://www.dmdc.osd.mil/appj/scra/popreport.do 3/2/2011 COMPANY NAME: PENNSYLVANIA HOUSING FINANCE AGENCY AS SERVICING AGENT FOR U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated By Director of Accounting & Servicing BARCLAY 1374768 SHERIFF'S OF FICE OF CUMBERLAND COUNTY 2 - C= 'V? q Ronny R Anderson rn s _ -*? Sheriff r,,O 01p pi 4an?6e;' z= ? rn Jody S Smith ?? ?t ? r- r C3 Chief Deputy -:r r Richard W Stewart C") Z C)-n Solicitor 'r-! W _a C:) ;:j US Bank National Association Case Number vs. Gregory A. Barclay (et al.) 2011-3086 SHER FF'S RETURN OF SERVICE 03/21/2011 05:15 PM - Noah Cline, Deputy 11 heriff, who being duly sworn according to law, states that on March 21, 2011 at 1715 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: O ccupant of 2 Middle Acres, Newville, Pennsylvania 17241, by making known unto Gregory L. Barclay o behalf of his adult son, at 2 Middle Acres, Newville, Cumberland County, Pennsylvania 17241 its c ontents and at the same time handing to him personally the said true and correct copy of the same. NOAH CLINE, DEPUTY 03/21/2011 05:15 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 21, 2011 at 1715 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Gregory A. Barclay, by making known unto himself personally, at 2 Middle Acres, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. NOAH CLINE, DEPUTY 03/21/2011 05:15 PM - Noah Cline, Deputy 2011 at 1715 hours, he served a within named defendant, to wit: [ Acres, Newville, Cumberland Co her personally the said true and heriff, who being duly sworn according to law, states that on March 21, true copy of the within Complaint in Mortgage Foreclosure, upon the onna L. Barclay, by making known unto herself personally, at 2 Middle inty, Pennsylvania 17241 its contents and at the same time handing to orrect copy of the same. NOAH CLINE, DEPUTY SHERIFF COST: $72.00 March 22, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF fc County S' i!r S...ne,:tf, [&eop(,+t. b..,,. U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. GREGORY A. BARCLAY AND DONNA L. BARCLAY, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 11-3086-CIVIL MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) GREGORY A. BARCLAY AND DONNA L. BARCLAY 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 $8.90 From 07/01/20 10 To 04/01/2011 Late Charges ($14.56 per month to 04/01/2011) Escrow Deficit 5% Attorney's Commission TOTAL $62,525.29 C-> ,,,, ?:: $2,447.50 c a 7-M c M :rm r Z- , -v m w ?cD < -rl $116.48 L r zr *i ? -? $288.06 $3,126.26 $68,503.59 "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 & 1400, By ?' ?? 77GS 6 DG? ton P. Haller PA I.D. 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 # 15700 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF Vs. GREGORY A. BARCLAY AND DONNA L. BARCLAY, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 11-3086-CIVIL IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on April 14, 2011 1 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. er PA I.D. # 15700 Attorny for Plaintiff Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 C- c ? M M - r` -a M M r cn r C)c? = ? CD c U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff VS. GREGORY A. BARCLAY AND DONNA L. BARCLAY Defendants DATE OF THIS NOTICE: April 14, 2011 TO: GREGORY A. BARCLAY 2 MIDDLE ACRES NEWVILLE, PA 17241 DONNA L. BARCLAY 2 MIDDLE ACRES NEWVILLE, PA 17241 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-3086-CIVIL CIVIL ACTION LAW IN MORTGAGE FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICE TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 PURCELL,KRU ER By LEOITP. HACLER, 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. GREGORY A.BARCLAY AND DONNA L. BARCLAY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 11-3086-CIVIL IN MORTGAGE FORECLOSURE ' ) NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS -v ? :z m x ? tt? c. t w c? C_a _T.l -?t _,a m mF: r-n rr, 7-0 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 befo me this day of 20 l / P. HALLER, ESQUIRE otary Pu c COiMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Pd1ARYLAND K. FERRETTI, Notary Public Lower Paxton Twp-, Dauphin County My Commission Explrse Aug. 0, 2014 It U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW vs. GREGORY A. BARCLAY AND DONNA L. BARCLAY, DEFENDANT(S) NO. 11-3086-CIVIL IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS: You are hereby notified that on the following judgment has been entered against you in the above-captioned matte . $68,503.59 and for the sale and foreclosure of your property located at: 2 MIDDLE ACRES ROAD, NEWVILLE, PA 17241 Dated: June 1, 2011 Attorney for Plaintiff Leon P. Haller 1719 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4178 PROTHONOTARY 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 GREGORY A. BARCLAY 2 MIDDLE ACRES ROAD NEWVILLE, PA 17241 DONNA L. BARCLAY 2 MIDDLE ACRES ROAD NEWVILLE, PA 17241 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW VS. GREGORY A. BARCLAY AND DONNA L. BARCLAY, DEFENDANT(S) NO. 11-3086-CIVIL MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) GREGORY A. BARCLAY AND DONNA L. BARCLAY 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 $8.90 From 07/01/2010 To 04/01/2011 Late Charges ($14.56 per month to 04/01/2011) Escrow Deficit 5% Attorney's Commission TOTAL $62,525.29 $2,447.50 $116.48 $288.06 $3,126.26 $68,503.59 "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 Sheriffs Sale. PURCELL, KRUG & By=? n P. Haller PA I.D. # 15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW AT NO. 11-3086-CIVIL U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. GREGORY A. BARCLAY AND DONNA L. BARCLAY, DEFENDANT(S) Total Judgment Amount $68,503.59 Interest $1,397.30 Per diem of $8.90 to sale date 9/7/2011 Late Charges $72.80 $14.56 per month to sale date 9/7/2011 Escrow Deficit $1,895.00 TOTAL WRIT $71,868.69 *Plus additional interest, late charges and other costs to date of sheriff's sale. SALE DATE: Wednesday, September 07, 2011 (PROTHONOTARY'S USE) Pltf. Paid Deft. Paid Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. 3 = --i rV1 CO C_ rn Date: June 1, 2011 = -< A?o Attorney for Plaintiff 1719 North Front Street eon P. Haller x> 3 ?-?-r Harrisburg, PA 17102 PA I.D. #15700 > r r-, (717) 234-4178 = WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 2 MIDDLE ACRES ROAD, NEWVILLE, PA 17241 Date: ayoo 'a , 4 7.7 9a .oa w a.oo out- Co 4Oa4.THO4?TARYXLERK CIVIL DIV 44 /G > 7GS BY 00 2 6 DEPUTY m u- Ow U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. GREGORY A. BARCLAY AND DONNA L. BARCLAY, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 11-3086-CIVIL 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 2 MIDDLE ACRES ROAD NEWVILLE, PA 17241: 1. Name and address of the Owner(s) or Reputed Owner(s): c " c.,? GREGORY A. BARCLAY -UM ; -+ 2 MIDDLE ACRES ROAD Mrn m- NEWVILLE, PA 17241 =° DONNA L. BARCLAY r--x z?• --4 2 MIDDLE ACRES ROAD NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the Judgment , if different from that listed. in (l) 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): PNC Bank Consumer Loan Center 2730 Liberty Avenue Pittsburgh, PA 15222 Leesport Bank P. O. Box 741 Leesport, PA 19533 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 2 MIDDLE ACRES ROAD NEWVILLE, PA 17241 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authoritie.?? Leo aller PA I.D. # 15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: June 1, 2011 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. GREGORY A. BARCLAY AND DONNA L. BARCLAY, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 11-3086-CIVIL 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: - c71 C ? c YJ DATE: Wednesday, September 07, 2011 rnm rn Xm C- ? -a TIME: 10:00 O'clock A.M. cnr- -< m, > 1 c., w T'7 LOCATION: Cumberland County Courthouse C s` ' Carlisle, Pennsylvania 17013 r , 5 7 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: 2 MIDDLE ACRES ROAD NEWVILLE, PA 17241 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 11-3086-CIVIL JUDGMENT AMOUNT $68,503.59 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: GREGORY A. BARCLAY AND DONNA L. BARCLAY 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 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NOII-3086 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U. S. Bank National Association Trustee for the Pennsylvania Housing Finance Agency Plaintiff (s) From Gregory A. Barclay and Donna L. Barclay (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$68,503.59 L.L.S.50 Interest Per diem of $8.90 to sale date 9/7/2011 $1,397.30 Atty's Comm % Due Prothy $2.00 Atty Paid $204.50 Other Costs Late Charges $14.56 per month to sale date 9/7/2011 $72.80 Plaintiff Paid Escrow Deficit $1,895.00 *Plus additional interest, late charges and other costs to date of sheriffs sale. Date: June 3, 2011 (Seal) REQUESTING PARTY: Name Leon P. Haller, Esq. Address: 1719 North Front St. Harrisburg, PA 17102 Attorney for: PLAINTIFFS Telephone: 717-234-4178 David D. Buell, Prothonotary 1144'?4,2 0-=e Deputy Supreme Court ID No. 15700 U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. GREGORY A. BARCLAY DONNA L. BARCLAY, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVA NIA CIVIL ACTION LAW . n? NO. 11-3086-CIVIL N rr I -? Z to IN MORTGAGE FORECLOSURE <CD Z G. D C7 i? T. RETURN OF SERVICE N.? I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on 7 al 1 a Q 11 , 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: GREGORY A. BARCLAY 2 MIDDLE ACRES ROAD NEWVILLE, PA 17241 DONNA L. BARCLAY 2 MIDDLE ACRES ROAD NEWVILLE, PA 17241 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 2 MIDDLE ACRES ROAD NEWVILLE, PA 17241 PNC Bank Consumer Loan Center 2730 Liberty Avenue Pittsburgh, PA 15222 Leesport Bank P. O. Box 741 Leesport, PA 19533 KRUG & HALLER for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES HOWARD B. KRUG LEON P. HALLER JOHN W.PURCELLJR. JILL M. WINEKA LISA RYNARD GREGORY A. BARCLAY 2 MIDDLE ACRES ROAD NEWVILLE, PA 17241 DONNA L. BARCLAY 2 MIDDLE ACRES ROAD NEWVILLE, PA 17241 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 2 MIDDLE ACRES ROAD NEWVILLE, PA 17241 PNC Bank Consumer Loan Center 2730 Liberty Avenue Pittsburgh, PA 15222 Leesport Bank P. O. Box 741 Leesport, PA 19533 Cs" 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 2344178 FAX (717) 234-1206 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 b ested by the sale and that you have an opportunity to protect your interest, if any, by being notified of sai - eriffs Sale. By: Leon P. er PA I.D.15700 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION TRUSTEE FOR THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. GREGORY A. BARCLAY AND DONNA L. BARCLAY, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 11-3086-CIVIL IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, September 07, 2011 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: 2 MIDDLE ACRES ROAD NEWVILLE, PA 17241 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 11-3086-CIVIL JUDGMENT AMOUNT $68,503.59 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: GREGORY A. BARCLAY AND DONNA L. BARCLAY 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 BELOW O FIND OUT WHERE YOU C TELEPHONE THE OFFICE SET FO AN 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 THE FOLLOWING described real estate, together with improvements thereon, lying and being situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at a railroad spike set in T-402 (Middle Road) at corner of Lot No. 3 on plan of lots hereinafter referred to; thence along said Lot No. 3 and through an iron pin on line, North 48 degrees 16 minutes 23 seconds East 255.00 feet to an iron pin on the Southern side of a proposed private 20 foot right of way as shown on said plan; thence along said private right of way, South 41 degrees 55 minutes 00 seconds East, 131.00 feet to an iron pin at corner of Lot No. 1 on said plan; thence along said Lot No. 1 and through an existing iron pin on line, South 48 degrees 16 minutes 23 seconds West, 255.00 feet to a railroad spike set in said T-402 (Middle Road); thence through said public road through an existing railroad spike on line, North 41 degrees 55 minutes 00 seconds West, 131.00 feet to a railroad spike set in T-402 (Middle Road) at corner of Lot No. 3 on said plan, being the place of BEGINNING. CONTAINING 33,405 square feet. BEING Lot No. 2 of a survey made for Martin L. Weller by Byers & Runyon Surveying dated June 16, 1986 which, together with the necessary municipal approvals, is recorded in Cumberland County Plan Book 50, page 140. HAVING THEREON ERECTED A DWELLING KNOWN AS 2 MIDDLE ACRES ROAD, NEWVILLE, PA 17241 TAX PARCEL: 15-06-0035-003 J BEING THE SAME PREMISES WHICH Michael E. Conrad, Jr. by deed dated 5/25/06 and recorded 5/30/06 in Cumberland County Record Book 274, Page 3925, granted and conveyed unto Gregory A. Barclay and Donna L. Barclay, husband and wife. TO BE SOLD AS THE PROPERTY OF GREGORY A. BARCLAY AND DONNA L. BARCLAY ON JUDGMENT NO. 11-3086-CIVIL - ------- ---------- IIIIIIIII1A?11Illll1ltl111 7160 3901 9849 3036 2432 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? (Exba Fee) ? Yes 1. Article Addressed to: GREGORY A. BARCLAY 2 MIDDLE ACRES ROAD NE W VILLE, PA 17241 NOS 09/07/11 PS Form 3811, January 2005 Dww"c Return Recoo - ---°.......--°---------- 2 Article _ Number 7160 3901 9849 3036 2425 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? (Extra Fee) v0 Yes 1. Article Addressed to: DONNA L. BARCLAY 2 MIDDLE ACRES ROAD NEWVILLE, PA 17241 NOS 09/07/11 PS Form 3811, January 2005 C. Signature D. Is delivery 46dress jIfferent from Item 1? If YES, enter delivery address below: S. Dale of Delivery ? Agent ? Addressee Yes ? No S. Date of Delivery D. Is delivery address different from item 1? If YES, enter delivery address below: /" NEf tn? ??r v' r b L V v Domestic Return Receipt ? Agent ? Addressee ? Yes ? No 7160 3401 9844 3036 2432 TO: GREGORY A. BARCLAY 2 MIDDLE ACRES ROAD NEWVILLE, PA 17241 SENDER: REFERENCE: NOS 09/07/11 RETURN Postage RECEIPT Certified Fee SERVICE Return Refaipt Fee Restricted Delivery 7160 3901 1844 3036 2425 TO: DONNA L. BARCLAY 2 MIDDLE ACRES ROAD NEWVILLE, PA 17241 SENDER: REFERENCE: NOS 09/07/11 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Total Postage & Fees Total Postage & Fees Q US Postal Service POSTMARK OR DATE US Postal Service 96SfMARK OR HATE Receipt for So STit Receipt for r, Certified Mail Certified Mail w No Insurance Coves a Provided ti Do Not Use for International Mail A-0 C No Insurance Coverage Provided ? `a ; Do Not Use for International MaN .' ' PENNSYLVANIA HOUSING FINANCE AGENCY v. GREGORY A. BARCLAY DONNA L. BARCLAY Cumberland County Sale 9/7/2011 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: GREGORY A. BARCLAY 2 MIDDLE ACRES ROAD NEWVILLE, PA 17241 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: DONNA L. BARCLAY 2 MIDDLE ACRES ROAD NEWVILLE, PA 17241 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 ? t PI7 N1V 13(IWF:S 02 1v $01.15° 0004284324 JN 28 2011 MAILED FROM ZIP CODE 1 7102 PENNSYLVANIA HOUSING FINANCE AGENCY v. GREGORY A. BARCLAY DONNA L. BARCLAY Cumberland County Sale 9/7/2011 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: TENANT/OCCUPANT 2 MIDDLE ACRES ROAD NEWVILLE, PA 17241 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: PNC Bank Consumer Loan Center 2730 Liberty Avenue Pittsburgh, PA 15222 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: Leesport Bank P. O. Box 741 Leesport, PA 19533 i 5a ST q? Q-p?/ h9 46 c 00 Z M7'NE'Y g,)WFS 2 1h,1 $ 01.150 0004284324 J+JN28 201,1 MAILED FROM ZIP CODE 1 711 x 2 6I4ERIFF'S OFFICE OF CUMBERLAND, COUNTY Ronny R Anderson J ' Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OFF 2J 1 (r -? i!..aP li ,t 1 US Bank Trust National Association vs. Gregory A. Barclay (et al.) Case Number 2011-3086 SHERIFF'S RETURN OF SERVICE 06/17/2011 05:09 PM - Deputy Noah Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 2 Middle Acres Road, Newville, PA 17241, Cumberland County. 06/17/2011 05:09 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Gregory A. Barclay at 2 Middle Acres, Lower Mifflin Township, Newville, PA 17241, Cumberland County. 06/17/2011 05:09 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be GREGORY A. BARCLAY (HUSBAND), who accepted as "Adult Person in Charge" for Donna L. Barclay at 2 Middle Acres, Lower Mifflin Township, Newville, PA 17241, Cumberland County. 09/07/2011 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, Cumberland County, PA on September 7, 2011 at 10:00 a.m.. He sold the same for the sum of $1.00 to Attorney Leon Haller, on behalf of, U.S. Bank National Association, et. al., of, 211 North Front Street Harrisburg, PA 17101, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $1,049.65 SO ANSWERS, October 21, 2011 RON R ANDERSON, SHERIFF 30C1G !c)C,oun2ySulln Snenif. leieosuft . Inc ` ???? On June 7, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Lower Mifflin Township, Cumberland County, PA, Known and numbered as, 2 Middle Acres Road, Newville, more fully described on jExhibit "A" filed with this writ and by this reference incorporated herein. Date: June 7, 2011 By: a-ao ? . Real Estate Coordinator rt.ewwrwrNrrr.w?+w?. ? ?awrrows. *` CUMBERLAND LAW JOURNAL Writ No. 2011-3086 Civil US Bank National Association vs. Gregory A. Barclay Donna L. Barclay Atty.: Leon P. Haller ALL THE FOLLOWING described real estate, together with improve- ments thereon, lying and being situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at a railroad spike set in T-402 (Middle Road) at corner of Lot No. 3 on plan of lots hereinafter referred to; thence along said Lot No. 3 and through an iron pin on line, North 48 degrees 16 minutes 23 seconds East 255.00 feet to an iron pin on the Southern side of a proposed private 20 foot right of way as shown on said plan; thence along said private right of way, South 41 degrees 55 minutes 00 seconds East, 131.00 feet to an iron pin at corner of Lot No. 1 on said plan; thence along said Lot No. 1 and through an existing iron pin on line, South 48 degrees 16 minutes 23 seconds West, 255.00 feet to a railroad spike set in said T-402 (Middle Road); thence through said public road through an existing railroad spike on line, North 41 degrees 55 minutes 00 seconds West, 131.00 feet to a railroad spike set in T-402 (Middle Road) at corner of Lot No. 3 on said plan, being the place of BEGINNING. CONTAINING 33,405 square feet. BEING Lot No. 2 of a survey made for Martin L. Weller by Byers & Run- yon Surveying dated June 16, 1986 which, together with the necessary municipal approvals, is recorded in Cumberland County Plan Book 50, page 140. HAVING THEREON ERECTED A DWELLING KNOWN AS 2 MID- DLE ACRES ROAD, NEWVILLE, PA 17241. TAX PARCEL: 15-06-0035-003 J. BEING THE SAME PREMISES WHICH Michael E. Conrad, Jr. by deed dated 5/25/06 and recorded 5/30/06 in Cumberland County Record Book 274, Page 3925, granted and conveyed unto Gregory A. Bar- clay and Donna L. Barclay, husband and wife. TO BE SOLD AS THE PROPERTY OF GREGORY A. BARCLAY AND DONNA L. BARCLAY ON JUDGMENT NO. 11-3086-CIVIL. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 15, July 22 and July 29, 2011 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. Lisa Marie Co e, Editor SWORN TO AND SUBSCRIBED before me this 9 day of July, 2011 r Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Pat' ?^ws Co. 2020.E .,logy Pkwy Su to 300 Mechanics :rurg, PA 17050 Inquiries - 717-255-8213 CUMB :_RLAND CO. SHERIFFS OFFICE CUMB ::RLAND COUNTY COURT HOUSE I'M., 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, t i?ing 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 PE nnsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of HampdE n, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspa tiers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The P atriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all f ave been continuously published ever since; That the print ed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ :;ommunity Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is intereste :I in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place anc 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- dews 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 r ?M a yy This ad ran on the date(s) shown below: 07/15/11 07/22/11 07/29/11 V?Q L, Sworn to and su c Ibed be me this 1 y ofd' g st, 2011 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Klsner, Notary Public Lower Paxton Twp., Dauphin County MY Commission Expires Nov, 26, 2011 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Pennsylvania Housing Finance Agency (TO is the grantee the same having been sold to said grantee on the 7 day of September A.D., 2011, under and by virtue of a writ Execution issued on the 3 day of June, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 3086, at the suit of Pennsylvania Housing Finance Agency (TO against Gregory A. Barcla & Donna L. Barclay is duly recorded as Instrument Number 201129269. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this (Jr day of &'-64 ^ A.D. of Deeds iie=der of De&K Curr b Mand Cototy, Ca M9. PA t,ly Commission Expires the Fn t Mondq of Jan. 2014