Loading...
HomeMy WebLinkAbout13-7466 Supreme Co n nsylvania COUP +COiI< mo V leas For Prothonotary Use Only: 1 � C it �b t Docket No: MCSr4,1 Y a_MW ti 7p CU County 01�1c V The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and set-vice ofpleadings or other papers as required by laiv or rules of court. Commencement of Action: S El Complaint 0 Writ of Summons Petition Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Leon P. Haller, HUD Lead Defendant's Name: Estate of Ned B. T Foreclosure Commissioner Snyder Dollar Amount Requested: within arbitration limits I Are money damages requested? Yes No (check one) []outside arbitration limits I N Is this a Class Action Suit? M Yes © No Is this an MDJAppeal? Yes No A Name of Plaintiff /Appellant's Attorney: Leon P. Haller Ell Check here if you have no attorney (are a Self- Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies © Malicious Prosecution M Debt Collection: Credit Card El Board of Assessment Motor Vehicle [3 Debt Collection: Other l Board of Elections Nuisance 0 Dept. of Transportation S Premises Liability n Statutory Appeal: Other Product Liability (does not include E mass tort) ©Employment Dispute: Slander /Libel/ Defamation Discrimination C 0 Other: Employment Dispute: Other Q Zoning Board , Other: I ' Other: O MASS TORT Asbestos N 0 Tobacco E] Toxic Tort -DES Q Toxic Tort - Implant Toxic Waste REAL PROPERTY MISCELLANEOUS Other: 12 Ejectment 12 Common Law /Statutory Arbitration B Eminent Domain /Condemnation 0 Declaratory Judgment [� Ground Rent [] Mandamus Q Landlord/Tenant Dispute' Non- Domestic Relations [3 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial 13 Quo Warranto ® Dental [3 Partition Q Replevin C] Legal 0 Quiet Title Q Other:Notice of Defaul E] Medical Other: and Z' ^rerl asure Salt - ® Other Professional: r _ Updated 1/112011 NOTICE OF DEFAULT AND FORECLOSURE SALE Re: ESTATE OF NED B. SNYDER 1603 Matthew Drive Camp Hill, PA 17011 Kristy Bise, known heir Kurt Snyder, known heir Ned B. Snyder, known heir and the unknown heirs of NED B. SNYDER WHEREAS, on October 17, 2002, a certain Mortgage was executed by Ned B. Snyder as Mortgagor in favor of Financial Freedom Senior Funding Corporation as Mortgagee, and was recorded on November 8, 2002, in Book 1781, Page 3604 in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania; WHEREAS, the Mortgage is now owned by the Secretary of Housing and Urban Development of Washington, D.C. (the Secretary) pursuant to an Assignment dated March 1, 2010 from Financial Freedom Senior Funding Corporation to the Secretary of Housing and Urban Development of Washington, D.C., recorded on March 18, 2010 as Instrument No. 201008090 in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania; WHEREAS, a default has been made in the covenants and conditions of the Mortgage in that the Property is not the principal residence of the Mortgagor; WHEREAS, the entire amount delinquent as of January 15, 2014 is $129,515.71; and WHEREAS, by virtue of this default, the Secretary has declared the entire amount of the indebtedness secured by the Mortgage to be immediately due and payable. NOW, THEREFORE, pursuant to powers vested in me by the Single Family Mortgage Foreclosure Act of 1994, 12 U.S.C. 3751 et seq., by 24 CFR part 27, subpart B, and by the Secretary's designation of me as Foreclosure Commissioner, recorded on November 20, 2012 as Instrument No. 122529, notice is hereby given that on Wednesday, JANUARY 15, 2014, at 9:00 a.m. local time, all real and personal property at or used in connection with the following described premises ("Property") will be sold at public auction to the highest bidder: /03-7S l o a/ 1905(,3 s— ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Easterly line of Matthew Road, which point is 510.20 feet South of the Southeasterly corner of Glenwood Drive and Matthew Road, and at dividing line between Lots Nos. 17 and 18, Block "K ", on the hereinafter mentioned Plan of Lots; thence along said dividing line North 60 degrees 00 minutes East 166.23 feet to a point; thence along the Western line of Lots Nos. 6 and 5, Block "K" on said Plan, South 37 degrees 00 minutes East 44.75 feet to a point at dividing line between Lots Nos. 2 and 18, Block "K ", on said Plan; thence along said dividing line South 37 degrees 02 minutes West 65 feet to a point at dividing line between Lots Nos. 1 and 18, Block "K ", on said Plan; thence along said dividing line South 60 degrees 00 minutes West 114.29 feet to a point on the Easterly line of Matthew Road aforesaid; thence along same North 30 degrees 00 minutes West 75 feet to a point, the place of BEGINNING. BEING premises known as 1603 Matthew Road. AND BEING Lot 15, Block "K ", in Plan No. 3, Ridley Park, which Plan is recorded in the Office of the Recorder of Deed in and for Cumberland County, Pennsylvania, in Plan Book 14, Page 22. PARCEL No. 09 -16- 1080 -252. The Sale will be held on the steps located inside the Cumberland County Courthouse, in front of the Cumberland County Court House, 1 Courthouse Square, Carlisle, Pennsylvania 17013. The Secretary of Housing and Urban Development will bid $129,515.71. There will be no proration of taxes, rents or other income or liabilities, except that the purchaser will pay, at or before closing, his prorata share of any real estate taxes that have been paid by the Secretary to the date of the foreclosure sale. When making their bids, all bidders except the Secretary must submit a deposit totaling $12,951.57 (10% of the Secretary's bid) in the form of a certified check or cashier's check made out to the Secretary of HUD. A deposit need not accompany each oral bid. If the successful bid is oral, a deposit of $12,951.57 must be presented before the bidding is closed. The deposit is nonrefundable. The remainder of the purchase price must be delivered within 30 days of the sale or at such other time as the Secretary may determine for good cause shown, time being of the essence. This amount, like the bid deposits, must be delivered in the form of a certified or cashier's check. If the Secretary is the highest bidder, he need not pay the bid amount in cash. The successful bidder will pay all conveying fees, all real estate and other taxes that are due on or after the delivery of the remainder of the payment and all other costs associated with the transfer of title. At the conclusion of the sale, the deposits of the unsuccessful bidders will be returned to them. The Secretary may grant an extension of time within which to deliver the remainder of the payment. All extensions will be for 15 -day increments for a fee of $500.00, paid in advance. The extension fee shall be in the form of a certified or cashier's check made payable to the Secretary of HUD. If the high bidder closes the sale prior to the expiration of any extension period, the unused portion of the extension fee shall be applied toward the amount due. If the high bidder is unable to close the sale within the required period, or within any extensions of time granted by the Secretary, the high bidder may be required to forfeit the cash deposit or, at the election of the foreclosure commissioner after consultation with the HUD representative, will be liable to HUD for any costs incurred as a result of such failure. The Commissioner may, at the direction of the HUD representative, offer the property to the second highest bidder for an amount equal to the highest price offered by that bidder. There is no right of redemption, or right of possession based upon a right of redemption, in the mortgagor or others subsequent to a foreclosure completed pursuant to the Act. Therefore, the Foreclosure Commissioner will issue a Deed to the purchaser(s) upon receipt of the entire purchase price in accordance with the terms of the sale as provided herein. HUD does not guarantee that the property will be vacant. The scheduled foreclosure sale shall be cancelled or adjourned if it is established, by documented written application of the mortgagor to the Foreclosure Commissioner not less than 3 days before the date of sale, or otherwise, that the default or defaults upon which the - foreclosure is based did not exist at the time of service of this notice of default and foreclosure sale, or all amounts due under the mortgage agreement are tendered to the Foreclosure Commissioner, in the form of a certified or cashier's check payable to the Secretary of HUD, before public auction of the property is completed. The amount that must be paid if the mortgage is to be reinstated prior to the scheduled sale is $12,915.71 as of January 15, 2014, plus all other amounts that would be due under the mortgage agreement if payments under the mortgage had not been accelerated, advertising costs and postage expenses incurred in giving notice, mileage by the most reasonable road distance for posting notices and for the Foreclosure Commissioner's attendance at the sale, reasonable and customary costs incurred for title and lien record searches, the necessary out - of- pocket costs incurred by the Foreclosure Commissioner for recording documents, a commission for the Foreclosure Commissioner, and all other costs incurred in connection with the foreclosure prior to reinstatement. Tender of payment by certified or cashier's check or application for cancellation of the foreclosure sale shall be submitted to the address of the Foreclosure Commissioner provided below. /s /Leon P. Haller Leon P. Haller Foreclosure Commissioner Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234 -4178 (voice) Date: November 27, 2013 (717) 234 -0409 (fax)