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HomeMy WebLinkAbout05-4560 Leon Po Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PAl 7 102 717.234.4178 mtg@pkh.com WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VSo ACTION OF MORTGAGE FORECLOSURE Defendants O~ - .l.fS&'() eu~L /UL"'7 DAVID Ho BRITTAIN AND SUSAN Mo BRITTAIN THIS 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. 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 youo 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 ONCEo 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 HELPo CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 A VISO LE HAN DEMANDADO A USTED EN LA CORTE, SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DlAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISO, PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGlSTRE 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 NOTIFlCARIO, 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, PROPlEDAD U OTROS DERECHOS IMPORTANTES, LLEVE ESTA DEMANDA A UN ABOGADO IMMEDlA TEAMENTE, 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 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 W ACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE VSo DAVID Ho BRITTAIN AND SUSAN M. BRITTAIN Defendants 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 purposeo 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 valido 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 ofthe 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 ofthe original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 Attorney LD.# 15700 Attorney for Plaintiff W ACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff 05- 'f.J'~ () ACTION OF MORTGAGE FORECLOSURE CNIL ACTION - LAW VSo DAVID H. BRITTAIN AND SUSAN M. BRITTAIN Defendants COMPLAINT IN MORTGAGE FORECLOSURE 10 Plaintiff, W ACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYL VANIA HOUSING FINANCE AGENCY, pursuant to a Trust indenture dated as of April I, 1982 ("Trust"), is a National Association with a servicing agent of Pennsylvania Housing Finance Agency, with an address of211 NORTH FRONT STREET, HARRISBURG, PENNSYLVANIA 17101. 20 Defendant, DAVID Ho BRITTAIN, is an adult individual whose last known address is 406 F AIRVIEW AVENUE, WEST F AIRVIEW, PENNSYL VANIA 17025. Defendant, SUSAN M. BRITTAIN, is an adult individual whose last known address is 406 F AIRVIEW AVENUE, WEST FAIRVIEW, PENNSYLVANIA 17025. 30 On or about, August 31, 1994, the said Defendants executed and delivered a Mortgage Note in the sum of$42,100000 payable to GMAC MORTGAGE CORPORATION OF PA, which Note is attached hereto and marked Exhibit "A". 40 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 ofthe within County and Commonwealth in Mortgage Book 1231, Page 953 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to COREST A TES BANK, N.A. (FORMERLY PHILADELPHIA NATIONAL BANK)(AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY) and was recorded in the aforesaid County in Mortgage Book 481, Page 6300 The Mortgage was subsequently assigned to MELLON BANK, N.A. (AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY) and was recorded in the aforesaid County in Mortgage Book 535, Page 7490 The Mortgage was subsequently assigned to PENNSYLVANIA HOUSING FINANCE AGENCY and was recorded in the aforesaid County in Mortgage Book 617, Page 8050 The Mortgage was subsequently assigned to W ACHOVIA BANK, NA nONAL ASSOCIA nON, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY and will be sent for recordingo The Said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 406 FAIRVIEW AVENUE, WEST FAIRVIEW, PENNSYL VANIA 17025 and is more particularly described in Exhibit "B" attached hereto. 60 The said Defendants are the real owners of the property. 70 The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on June 01,2004 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $36,797.54 Interest at $7.92 per day From 05/01/2004 To 10/01/2005 (based on contract rate of707500%) $4, I 02.56 Accumulated Late Charges $411.64 Late Charges $15.08 From 06/01/2004 to 10/01/2005 $256.36 Escrow Balance $578.48 Attorney's Fee at 5% of Principal Balance $1,839088 TOTAL $43,986.46 **Together with interest at the per diem rate noted above after October 01,2005 and other charges and costs to date of Sheriff's Saleo 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 Saleo If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 80 No judgment has been entered upon said Mortgage in any jurisdictiono 90 Plaintiff has complied with the notice procedures required by Pennsylvania Act 160 of 1998 by sending to each Defendant, by certified and regular mail, a copy of the Combined Act 6/91 Notice. A true and correct copy of the Combined Act 6/91 Notice, along with a copy of the Certificate of Mailing, is attached hereto as Exhibit "C". 10. 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 Soldiers and Sailors Relief Act of 1940, as amended. 110 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 Assistanceo WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 707500% ($7092 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriffs Sale r foreclosure and sale of the property within described. By: PURCELL, G & HALLER Leon Po Hal er, Esquire Attorney for Plaintiff LDo # 15700 1719 N. Front Street Harrisburg, P A 17102 (717-234-4178) VERlFICA nON 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. ~f~ Anthony J. Julian Director of Accounting and Loan Servicing Date: 09-01-05 PENNSYLVANIA HOUSlNG FINANCE AOI!NCV SERVICING AGENT POll WACHOVIA BANK, NATIONAL ASSOCIATION F/KJA FIRST UNION NATIONAL BANK, AS SUCCESSOR TRUSTEE FOR PENNSYL v ANlA HOUSING FINANCE AGENCY - ;;:}'7'I'in CrY);)11 4-131836-91 NOTE LOAN I AUGUST 31 IO_tel , 1994 HARRISBURG {City] PA [Stllto] 406 PA:IRVJ:EK AVENUE WBST PAIRVIEW [Property Add"",) PA 17025 1. BORROWER'S PROMISE TO PAY In retum for a loan that 1 have received, I promise to pay U.S. $ "principal"), plus interest, to the order of the Lender. The Lender is GMAC MORTGAGE CORPORATION OP PA 42.100.00 (this amount is called I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfcr 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 bas been paid. I will pay interest at a yearly rate of 7. 750 ~. 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 I will pay principal and interest by making payments every month. I will make my monthly payments on the 1st day of each month beginning on OCTOBER 01 1994 . 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. My monthly payments will be applied to interest before principal. If, on SEPTEMBER 01, 2024 ,I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the -Maturity Date, - I will make my monthly payments at 8360 OLD YORK ROAD, ELKINS PARK, PA 19117-1590 or at a different place if required by the Note Holder. (B) AmOWlt of Monthly Payments My monthly payment will be in the amount of V,S. $ 301.61 4. BORROWER'S RIGHT 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 Rprepayment. - When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I 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. S. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is fwally interpreted so that the interest or other loan charges coJlected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amoUnt necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me, 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. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges 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 5.00 % of my overdue payment of principal and interest. I wiIJ 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 I 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 delivered or mailed to me. (0) No WaJver 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 still have the right to do 80 jf I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder bas 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. GrvING 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 af a different address if I give the Note Holder a notice of my different address. MULTISTATE FIXED RATE NOTE - Single Femily. Fannie Mae/Freddie Mae Unifonn In.trument Form 3200 12/83 Initl...~,\,<\.~. GMACM - CNM .0061.FlX 194041 P8gelof2 EXHIBIT A Any notice that must be given to the Note Holder under this Note will be given by ~ailing it.by first cI~ss 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. 8. OBLIGA nONS 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 proffilses 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 wbo takes over these obligatio~s, includi~g t~e obligations of a guarantor, surety or endorser of this Note, is also obligated to keep aU of the pronuses made m this Note. The Note Holder may enforce its rights under this Note against eacb person individually or against all of US together. This means tbat anyone of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person wbo has obligations under this Note waive tbe 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 Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uwfonn 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 ftSecurity Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I 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: Transfer or the Property or a Beneficial Interest in Borrower, If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person), without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. 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 delivered or mailed 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 lHE HAND(S) AND SEAL(S) OF lHE UNDERSIGNEDo ~~ DAVID ,BRITTAIN ~~~~""tZ'~..~ SUSAN M. BRITTAIN (Seat) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) .~.r:.~"/ . ",;"'f.< .1 o..~ .....:~E..,.._,..,a,.,~fi10"'-.,," .~, ~,z', _ '.c>...c; , GMACM - CNM.0061 .FIX 194041 Pege2012 Form 3200 12/83 ~ NOTE RIDER Pay Without Recourse \0 the order of MELLON BANK, N.A. AS TRUSTEE under an Indenture of Trust with the Pennsylvania Housing Finance Agency dated as of April 1, 1982 ~ l.A. LES/E B. UNDSl:y VICE PRfSliJfNI ~ A\.\. T~AT CERTAIN PIECE Orl PAJ<cn Or LAND SITUAT( IN Tlo1( f'tl~Cur.1-t OF wE~T FA1RVI['w, :VM!!ERLANO COUNTV, POiNSn.V"N1A, OJUNDED .AND CESCRIl:ED AS fOLLOWS. iTO ""IT:- HEGINNII/A A't A POtHT IH THE SOUThERN LINE Of' FAIRV1EIoI A'/tINE AT OR O?PCSIT<: ThE CENTER lr Tnt: PARTITION WALL DIVI['lING PROPERTI ES ~NO''''''' A~ NO. 1.06 A/ifl NU, 4,llf~ ,AIRVL(.... AVEIIJE, ,AID POINT BEING ~ORTY SIX (1.6) fEET ONE-f1ALF (t) 'INCH EAST M ThE SOUTH EAST '-ORNER OF 'AIRVIEW AVENUE AND AN UNI/MIEO ALLEY. T"(NCE SOliTh\lIARDL'l' THROUr.k ThE CENTER OF THE PA"lTITH ..ALL DIviDING PROPERTIEs IO.cr.'N AS NO. C.Of. A:m NO. 1.08 rAIF/vIEW AVENUE AND kEYONf) Ol'E'HUNOR! 1"'oI(I..V! ...NO FIYE-TENi"'$ (H2.S) fEET TO L,l,Nl1S OF TME ShUEY ESTATE) T"C:NCE f,ASTWARflLY ALONG l.ANDS or THE ~kUEY 6SHTE NINE (9) rUT IIINE~~)F~,'EXtol.;:llN( (9) INCfi(S TO A POI/It AT C~NER ( OTHER ~ANDS Of ThE SkUEY ESTATEl TilE NO! NORT~ARDlY ALONG LANDS OF THt SHuEY ESTATE ANO L"'~ OF ffiS. pF<LloIOI;t, XIMMfl ONE HUNDRED fIVE (105) FEET TO A POINT IN TME SJUT~ERN LINE OF fAIRvlE'N AvtNuEi. THENct IrIt:Srw.t..llOLY ALONG THE SOUTilERN LINE OF FAIRYl EiIl AVENuE '....ENTY ilo,REE (23) FEET ELEVEN AND ONEaHALF (11~) INCHES TO A POINT, THr. PLACe OF lfGINNING. h.lVING TfiE'JlEON (R E!:T!:O, 'tM( (ASTERN ONE-ilALf Of .10. Two ANt! ONE MALI' STl)1y FRAME C',o,'[LL I 1/' KNOWN,AS NO. 406 rAI~vltw AVENUE. :Y{'V'i::!fm"- "F!!" f3 .t"A\...!lli 1.11 "_~ ._-'- Date: June 10,2005 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort2a2e 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 pa2es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) mav be able to help to save your home. This Notice explains how the pr02ram works. To see if HEMAP can help, YOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with YOU when YOU meet with the Counselin2 Aeencv. The name, address and phone number of Consumer Credit Counseline A2encies servin2 your County are listed at the end of this Notice. If you have any Questions, YOU may call the Pennsvlvania Housin2 Finance A2encv toll free at 1-800-342-2397. (Persons with impaired hearin2 can call (717) 780-1869). 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 SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. /,~.~ i ., ". ~. ..~-,...._...... . G " HOMEOWNER'S NAME(S): DAVID H BRITTAIN SUSAN M BRITTAIN PROPERTY ADDRESS: 406 FAIRVIEW AVENUE W. FAIRVIEW, PA ]7025 LOAN ACCT. NO.: 0000523787 CURRENT LENDERlSERVICER: Pennsylvania Housing Finance Agency 211 North Front Street P.O. Box 15057 Harrisburg, P A 171 05-5057 HOMEOWNER'S 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 HOMEOWNER'S 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 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. 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 Noticeo TillS MEETING MUST OCCUR WITHIN THE NEXT 30 DAYSo IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRlNG YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agency 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 tele hone numbers of desi ated consumer credit counselin a encies for the cOUn in which the ro e 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 immediatelv of your intentions. APPLICA TION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Programo To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Noticeo 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 Agencyo Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meetingo YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER'T!ME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIEDo 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 $50000. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $500000 Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If vou cure the default within the THIRTY (30) DAY period, vou will not be required to pav attornev'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, vou 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 mav do so bv paving the total amount then past due. plus anv late or other charges then due. reasonable attornev's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriff's Sale as specified in writing bv the lender and bv performing any other requirements under the mortgage. Curing yonr 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: PENNSYL VANIA HOUSING FINANCE AGENCY 211 NORTH FRONT STREET P.O. BOX 15057 HARRISBURG, PA 17105-5057 1-800-822-7375 7I 7-780-3804 (fax) Contact Person: TOM GOUKER 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 HomeStart Program.) AGENCY ACTION -- Available funds for emergency mortgage assistance are very limitedo 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 applicationo During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth aboveo 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 filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brill!! it up to date),: NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 406 FAIRVIEW AVENUE, W. FAIRVIEW, PA 17025 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the months June, 2004 tbm the first of June, 2005 in the amount of $6,263 000 plus late charges and other charges that have accrued in the amount of $592.60. THE TOTAL AMOUNT DUE IS $6,681.44. 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 $6,681.44 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pa ents must be made either b cash cashier's check certified check or mone order made a able and sent to: PENNSYL VANIA HOUSING FINANCE AGENCY 211 N FRONT STREET PoOo BOX 15057 HARRISBURG. PA 17105-5057 IF YOU DO NOT CURE THE DEFAULT--Ifyou do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its ri!!hts to accelerate the mort!!a!!e 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 UDon vour mort!!a!!ed Dropertv. 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 DEF AUL T CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALFo . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEF AULTo (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEF AUL T MORE THAN THREE TIMES IN ANY CALENDAR YEARo) . 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 LA Wo CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY PHFA 211 North Front Street CCCS ofWestemPA 2000 Linglestown Road Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 llarrisburg, PA 17110 800-342-2397 Harrisburg, PA 17102 888-511-2227 Maranatha 43 Philadelphia A venue Adams County Interfaith Housing Authority 40 E High Street Gettysburg, P A 17325 (717) 334-1518 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Waynesboro, P A 17268 (717) 762-3285 PENNSYLVANIA HOUSING FINANCE AGENCY Single Family Programs Division 211 North Front Street P.O. Box 15057 Harrisburg, PAl 71 05-5057 (717) 780-3870 I (717) 780-1869 TDD # For The Hearing Irnpaired NOTICE June 10, 2005 DAVID H BRITTAIN SUSAN M BRITTAIN 406 FAIRVIEW AVENUE W. FAIRVIEW,PA 17025 RE: Account#:0000523787 TO: DAVID H BRlTT AIN SUSAN M BRITTAIN 406 F AIRVIEW AVENUE WEST FAIRVIEW, PA 17025 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 ("RUD") and experienced in the provision of homeowners hip counseling. Attached is a current list ofHUD-approved counseling agencies for Pennsylvania. V,lo'~';"u~.~; . . Cf~llfjC~h01I~AiUNG M,t.'f ~l LIllO for. 'OGMI11t( ,. NO IN'I(P.NIo '10,.,,., """It Del~~ ..01 ff<lO\lIUl fOf,lIo'fUF.Io'''(I-fOfl~fllf~ .. ".'.;"..,1'0.....: "'""' I... ................ IN mo..., 1IIl'I.p... po.. ,....... Ina",i.1 .. fo,ur..,,,,, IU. t"u.", PA HJUSl!\G FlNANCE AGENCY ill "ORTH FRO"T STREET PO IOX- 15057 HARRISBURG, PA 1110S.SU57 ALSO ....... 1o'.LI U' ...u.....1' II.... ~"".. ,._.. .... Enclosure: Housing Coun! DAVID H BRITTAIN 406 F AIRVIEW AVENUE WEST FAIRVIEW, PA 17025 523787, BO PS " .Jtlt.It......~--. HOUSING COUNCIL OF YORK 116 N George St York,PA 17401-1106 Phone: 717-854-1541 , J i ! i TO: ! DAVID H BRITTAIN i 406FAIRVIEW AVENUE i I WESTFAIRVIEW,PA 17025 i i I I ! I 7160 3901 9848 8557 58b4 SENDER: ~ BO REFERENCE: 523787 PS Form 3800 June 2000 RETURN Postage RECEIPT Certified Fee SERVICE 0 Return ReceIpt Fee Restricted Delivery Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail TABOR COMMUNITY SERVICES 439 EKing St. Lancaster, PA 17602-3004 Phone: 717-397-5182 I I ,I i ! TO: .1 I I 1 i ! i 1 i I I 71bO 3901 9846 8557 5857 SUSAN M BRITTAIN 406FAIRVIEW AVENUE WEST F AIRVIEW, P A 17025 SENDER: ~ BO REFERENC~: 523787 PS Form 3800 June 2000 RETURN Postage !.o::, RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery i'l Total Postage & Fees : i I I I' . No Insurance Coverage Provided Do Not Use lor International Mail US Postal Service Receipt for Certified Mail . ______ --...........--.--..------------..----------- __PO , i ,,, (Jl <- co '" '" " ~ r .. g. " ~ 3 il' 2 ii. ::E~\j tn~> (Il'Tj< >-3>13 >:?3:r; ?3:5t:l:1 <tnCS tr1::E>-3 ::E>>-3 . < > "<:1tnz ~~ o IV \.h - ~ ~ " =0 e C') ~ CD c'i" e;: ~ ~ 0 o !!!. 3. ~ R~ i ~ o ~ .. ----------.....--..u......------.--"l ~ f':l!; g> ~;: So 0" 2 ~ ~~ ~ S ~.:: 'i '" [ ~ .. ~ I: Do Do In In .,j In Do If" I: ..." .... .. I em . ".. ,.. I ... o .. , "." .... .. I ..> 0. 0. .. .. .".. ..0 I , ... ,.... e <z . .... o. .. . , . , 0. .,,> ~o. "'0. I , "'. . . .... c. , . , ." ... 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VJ ~ -,'-~ .,.- ., ~ f') ; ,;;"1 ---< -, _-:;-:-1 ,::;1 :D ~ 0, I",,::" ,< ~ "--<- SHERIFF'S RETURN - NOT SERVED CASE NO: 2005-04560 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WACHOVIA BANK NATIONAL ASSOCIA VS BRITTAIN DAVID H ET AL R. Thomas Kline , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: TENANT/OCCUPANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED , as to the within named DEFENDANT , TENANT/OCCUPANT 406 FAIRVIEW AVENUE WEST FAIRVIEW, PA 17025 THERE WERE NO OTHER OCCUPANTS. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So ans,^,~~".~~:::. . f~~< R. Thomas Kline Sheriff of Cumberland County PURCELL KRUG HALLER 09/13/2005 Sworn and subscribed to before me this J (, day of ~,1-..n f...-r ;ludJ' AD (i;~ Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2005-04560 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK NATIONAL ASSOCIA VS BRITTAIN DAVID H ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BRITTAIN DAVID H the DEFENDANT , at 1533:00 HOURS, on the 9th day of September, 2005 at 406 FAIRVIEW AVENUE WEST FAIRVIEW, PA 17025 by handing to DAVID BRITTAIN a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 12.80 .00 10.00 .00 40.80 So Answers: ?"'>X:f~e.d~ ~ R. Thomas Kline 09/13/2005 PURCELL KRUG Sheriff Sworn and Subscribed to before By: me this day of SHERIFF'S RETURN - REGULAR CASE NO: 2005-04560 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK NATIONAL ASSOCIA VS BRITTAIN DAVID H ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BRITTAIN SUSAN M the DEFENDANT , at 1533:00 HOURS, on the 9th day of September, 2005 at 406 FAIRVIEW AVENUE WEST FAIRVIEW, PA 17025 by handing to DAVID BRITTAIN, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 i~':P~:(:< . R. Thomas Kline ./'// "",'.....-':;....-: ""i'>,:',::",,,<'p 09/13/2005 PURCELL KRUG Sworn and Subscribed to before By: me this ~ day of A.D. WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYL VANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA PLAINTIFF CIVIL ACTION LAW VSo NO, 2005 CIVIL 4560 DAVID H. BRITTAIN SUSAN Mo BRITTAIN, MORTGAGE FORECLOSURE DEFENDANT(S) P RAE C I PE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant( s) DAVID H. BRITTAIN AND SUSAN M. BRITTAIN for failure to plead to the above action within twenty (20) days from date of service ofthe Complaint, and assess Plaintiffs damages as follows: Unpaid Principal Balance Interest Per diem of$7092 From 05/01/2004 To 10/01/2005 Accumulated Late Charges Late Charges ($15.08 per month to 10/01/2005) Escrow Deficit 5% Attorney's Commission TOTAL $36,797054 $4, I 02.56 $411.64 $256.36 $578.48 $1,839088 $43,986.46 **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 Saleo ......... n P. Haller PA LDo # 15700 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 PURCELL, KRUG & HA By ",~ '\ --... ~ ~Ti ~ >~ ~ -, "" "'\ ....<') .~ ..~ , .. ,~ ~ C~ C:; k:; \) ~ ~ " D ........... -c::- ~ .. ~ "-J '" ---- ........ '0 c~, ~, J V. "'\...j , \.J.j G<J ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW ATNOo 2005 CIVIL 4560 W ACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF Total Judgment Amount Interest Per diem of$7092 to sale date 3/812006 Late Charges $15008 per month to sale date 3/812006 Escrow Deficit $43,986.46 $1,227060 $75.40 VSo DAVID Ho BRITTAIN SUSAN M, BRITTAIN, DEFENDANT(S) $2,000000 TOTAL WRIT $47,289.46 *Plus additional interest, late charges and other costs to date of sheriff's sale. SALE DATE: Wednesday, March 08, 2006 (PROTHONOTARY'S USE) Pltf. Paid Deft. Paid Due ProthlClerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned c Date: December 2, 2005 Attorney for Plaintiff 1719 North Front Street Harrisburg, P A 17102 (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 406 F AIRVIEW AVENUE WEST F AIRVIEW, PENNSYLVANIA 17025 CNIL DNISION Date: BY DEPUTY ". ALL THAT CERTAIN piece or parcel ofland situate in the Borough of West Fairview, Cumberland County, Pennsylvania, bounded and described as follows, to-wit: BEGINNING at a point in the Southern Line of Fairview Avenue at or opposite the center of the partition wall dividing properties known as No. 406 and Noo 408 Fairview Avenue, said point being forty-six (46) feet one-half (1/2) inch East ofthe South East corner of Fairview Avenue and an unnamed alley; thence Southwardly through the center of the partition wall dividing properties known as Noo 406 and No. 408 Fairview Avenue and beyond one hundred twelve and five-tenths (112.5) feet to lands of the Shuey Estate; thence Eastwardly along lands ofthe Shuey Estate nine (9) feet nine (9) inches to a point at corner other lands of the Shuey Estate; thence Northwardly along land of the Shuey Estate and Lands of Mrs. Kimmel one hundred five (105) feet to a point in the southern line of Fairview Avenue; thence Westwardly along the Southern line of Fairview Avenue twenty-three (23) feet eleven and one- half (11 'li) inches to a point, the place ofBEGINNINGo HAVING thereon erected the Eastern one-half of a two and one-half story frame dwelling known as Noo 406 Fairview Avenue, West Fairview, Pennsylvania 17025. Parcel # 45-16-1050-062 BEING the same premises which Gerald L Lowe and Helen C. Lowe, his wife, by deed dated 8/31/94 and recorded 9/6/94 in Cumberland County Deed Book 111 Page 465, granted and conveyed unto David Hamilton Brittain and Susan Mae Brittain. TO BE SOLD AS THE PROPERTY OF DAVID H. BRITTAIN AlKJA DAVID HAMILTON BRITTAIN AND SUSAN M. BRITTAIN AlKJA SUSAN MAE BRITTAIN ON CUMBERLAND COUNTY JUDGMENT NO. 2005 CIVIL 04560. ~ "-", ~"'> ~. , ~o "- "'" 'v..J 'X:' \::) ~ "" C\ '- \./0 N '-0..... \'- r-- , ~. r' ........ .~ <:::."-' '\ -'r-~';; x ~ \) o ~) S w [) "'-. -,.. ..... ..}\' I.. . '" ~ ~ \K' -D G{ ~ ...c. Vi. .;-- 0 / "" '~ Co C" '" 0 "" 0 0 Q (~ " 0 G """ '=:> ~ ')... ~ -p rl'" --< "'i - IS" t; '--1 .,j ,\; , C'; , " II ,..) ~- ~ W ACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION LAW VSo NOo 2005 CIVIL 4560 IN MORTGAGE FORECLOSURE DAVID Ho BRITTAIN SUSAN Mo BRITTAIN, DEFENDANT(S) CERTIFICATE OF SERVICE PURSUANT TO PA. RC.P. 237.1 I hereby certify that on October 11, 2005 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 Noticeo By Leon Po A LDo # 15700 Attorn or Plaintiff Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 - } W ACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NOo 2005-04560 VSo DA VlD Ho BRITTAIN AND SUSAN M. BRlTT AIN Defendants CIVIL ACTION LAW IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: OCTOBER 11, 2005 TO: DAVID Ho BRITTAIN 406 F AIRVIEW A VENUE WEST FAIRVIEW, PA 17025 SUSAN Mo BRITTAIN 406 FAIRVIEW AVENUE WESTFAIRVIEW,PA 17025 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 YOUo 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 RIGHTSo YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCEo IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOWo THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LA WYERo 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 2 LIBERTY A VENUE CARLISLE, PA 17013 7I 7-249-3166 PURCELL, KRUG & HA By LEON P. I.Do # 700 1719 No Front St., Harrisburg, PA 17102 (717) 234-4178 --, :.=-it ---....' :..') \ en o W ACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION LAW VSo NOo 2005 CIVIL 4560 DAVID Ho BRITTAIN SUSAN Mo BRITTAIN, DEFENDANT IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN 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 this4 day /) ~' of "J.{fi 20 /'5 1~ . ALLER, ESQUIRE MARYLAND ~OTARIAL SE,4l LOwer f>,,~t FERRElli Noran. p M' Q onrwp 0' , " ublic y CU"''''"sSion t' auphm County 'plres Aug, 8, 2006 Ci" r. c=.. ~ , WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION LAW VS, NOo 2005 CIVIL 4560 DAVID Ho BRlTTAIN SUSAN Mo BRITTAIN, DEFENDANT(S) 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 406 FAIRVIEW AVENUE WEST F AIRVIEW, PENNSYLVANIA 17025: 1. Name and address of the Owner(s) or Reputed Owner(s): DAVID H. BRITTAIN AlKJA DAVID HAMILTON BRITTAIN 406 F AIRVIEW AVENUE WEST FAIRVIEW, PA 17025 SUSAN M. BRITTAIN AlKJ A SUSAN MAE BRITTAIN 406 F AIRVIEW AVENUE WEST FAIRVIEW, PA 17025 20 Name and address ofDefendant(s) in the Judgment, if different from that listed. in (I) above: SAME 30 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN Discover Financial Services c/o Edward Stock, Esquire Stock & Grimes, LLP 804 West Avenue Jenkintown, PA 19046 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Associates Home Equity Services, Inco 250 East Carpenter Freeway Irving, TX 75062 ... '. . 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 70 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 406 F AIRVIEW AVENUE WEST FAIRVIEW, PENNSYLVANIA 17025 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicatedo) 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 m qe subject to the penalties of 18 P A C.S. Section 4904 relating to unsworn falsification to authorit' ' <..... -~ Leon allerPALD.#15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 DATE:December 2,2005 :'~.) ,,-, C') , (, c.) c:) ~ WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA PLAINTIFF CIVIL ACTION LAW VS. NOo 2005 CIVIL 4560 DAVID Ho BRITTAIN SUSAN Mo BRITTAIN, DEFENDANT(S) 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, March 08, 2006 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 ofthe 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: 406 FAIRVIEW AVENUE WEST FAIRVIEW, PENNSYLVANIA 17025 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2005 CIVIL 4560 JUDGMENT AMOUNT $43,986.46 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: DAVID H. BRITTAIN (a/k/a David Hamilton Brittain) and SUSAN M. BRITTAIN (a/k/a Susan Mae Brittain) 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 Yon 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 2 Liberty Avenue 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 a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the 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 011 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 piece or parcel ofland situate in the Borough of West Fairview, Cumberland County, Pennsylvania, bounded and described as follows, to-wit: BEGINNING at a point in the Southern Line of Fairview Avenue at or opposite the center ofthe partition wall dividing properties known as folo. 406 and No. 408 Fairview Avenue, said point being forty-six (46) feet one-half (112) inch East of the South East corner of Fairview Avenue and an unnamed alley; thence Southwardly through the center of the partition wall dividing properties known as No. 406 and No. 408 Fairview Avenue and beyond one hundred twelve and five-tenths (112.5) feet to lands of the Shuey Estate; thence Eastwardly along lands of the Shuey Estate nine (9) feet nine (9) inches to a point at corner other lands of the Shuey Estate; thence Northwardly along land ofthe Shuey Estate and Lands ofMrso Kimmel one hundred five (105) feet to a point in the southern line of Fairview Avenue; thence Westwardly along the Southern line of Fairview Avenue twenty-three (23) feet eleven and one- half (II v,) inches to a point, the place of BEGINNING. HAVING thereon erected the Eastern one-half of a two and one-half story frame dwelling known as Noo 406 Fairview Avenue, West Fairview, Pennsylvania 17025. Parcel # 45-16-1050-062 BEING the same premises which Gerald 1. Lowe and Helen C. Lowe, his wife, by deed dated 8/31/94 and recorded 9/6/94 in Cumberland County Deed Book 111 Page 465, granted and conveyed unto David Hamilton Brittain and Susan Mae Brittain. TO BE SOLD AS THE PROPERTY OF DAVID H. BRITTAIN AfKJADAVID HAMILTON BRITTAIN AND SUSAN Mo BRITTAIN AfKJA SUSAN MAE BRITTAIN ON CUMBERLAND COUNTY JUDGMENT NO. 2005 CIVIL 04560. , ! ~- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-4560 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WACHOVIA BANK, NATIONAL ASSOCIATION, Trustee for Pennsylvania Housing Finance Agency Plaintiff (s) From DAVID H. BRITTAIN AND SUSAN M. BRITTAIN (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DlSCRIPTION 0 (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 ofthe defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty 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$43,986.46 L.L.$.50 Interest per diem of $7.92 to sale date 318/06 $1,227.60 Atty's Comm % Due Prothy $1.00 Atty Paid $154.80 Other CostsLate Charges $15.08 per month to sale date 3/8/06 $75.40 and Escrow Deficit $2,000.00 Plaintiff Paid Date: December 5, 2005 (Seal) By: Deputy REQUESTING PARTY: Name Leon P. Haller, Esq. Address: 1719 North Front Street Harrisburg P A 171 02 Attorney for: Plaintiff Telephone: 717-234-4178 Supreme Court ID Noo 15700 lRUE CC,l"Y F~0M ~, :.;~J"","""" r',! ,:) ~ ',>..., ,.... '''''''' \ r. ,~~ :-." ; " ~-~'1_.. x')., ,dms- ':1,.-... I~, ~''''....,o.""" ~\h.'.'~"I"i.1'.(", ;, W ACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION LAW VS, NO, 2005 CIVIL 4560 DAVID Ho BRITTAIN SUSAN Mo BRITTAIN, DEFENDANT(S) IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on I a Il.l ~OO 'S ,a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.Po 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: DAVID H. BRITTAIN A/K/A DAVID HAMILTON BRITTAIN 406FAlRVIEW AVENUE WESTFAIRVIEW,PA 17025 SUSAN M. BRITTAIN A/K/ A SUSAN MAE BRITTAIN 406FAIRVIEW AVENUE WEST FAIRVIEW, PA 17025 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 406 F AlRVIEW AVENUE WEST F AlRVIEW, PENNSYLVANIA 17025 Discover Financial Services ,,j.e Edward Stock, Esquire Stock & Grimes, LLP 804 West Avenue Jenkintown, PA 19046 W ACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYL VANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION LAW VS, NOo 2005 CIVIL 4560 DA VlD Ho BRITTAIN SUSAN Mo BRITTAIN, DEFENDANT(S) IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on la JG I ~OO 'S ,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.So 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: DAVID H. BRITTAIN A!KI A DAVID HAMILTON BRITTAIN 406 F AIRVIEW AVENUE WEST F AIRVIEW, P A 17025 SUSAN M. BRITTAIN NKI A SUSAN MAE BRITTAIN 406 F AIRVIEW AVENUE WEST FAIRVIEW, PA 17025 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 406 F AIRVIEW AVENUE WEST F AIRVIEW, PENNSYLVANIA 17025 Discover Financial Services cjxJ Edward Stock, Esquire Stock & Grimes, LLP 804 West Avenue Jenkintown, PA 19046 Associates Home Equity Services, Inc. 250 East Carpenter Freeway Irving, TX 75062 By PURCEL UG & HALLER Attorne s for Plaintiff 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 LAW OFFICES HOW ARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR JILL M. WINKA ORlAN 1. TYLER NICHOLE M. STALEY O'GORMAN g>~~g-~ 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVAN[A 17102-2392 TELEPHONE (7[7) 234-4178 FAX (717) 234-1206 HERSHEY (717)533-3836 JOSEPH NISSLEY (1910-] 982) JOHN W. PURCELL VALERIE A. GUNNOF COUNSEL DAVID Ho BRITTAIN AIKJ A DAVID HAMIL TON BRITTAIN 406 F AIRVIEW AVENUE WESTFAIRVIEW,PA 17025 SUSAN Mo BRITTAIN A/K/ A SUSAN MAE BRITTAIN 406 fAIRVIEW AVENUE WEST FAIRVIEW, PA 17025 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, P A 17013 TENANT/OCCUPANT 406 F AIRVIEW AVENUE WEST FAIRVIEW, PENNSYLVANIA 17025 Discover financial Services c/o Edward Stock, Esquire Stock & Grimes, LLP 804 West Avenue Jenkintown, PA 19046 Associates Home Equity Services, Inc. 250 East Carpenter Freeway Irving, TX 75062 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 ofa 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, being notified of said Sheriff's Saleo By: P. Haller PA LDo15700 Attorney for Plaintiff WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYL VANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION LAW VSo NO, 2005 CIVIL 4560 DA VlD H, BRITTAIN SUSAN Mo BRITTAIN, DEFENDANT(S) 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, March 08, 2006 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: 406 FAIRVIEW AVENUE WEST FAIRVIEW, PENNSYLVANIA 17025 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2005 CIVIL 4560 JUDGMENT AMOUNT $43,986.46 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: DAVID H. BRITTAIN (a1k/a David Hamilton Brittain) and SUSAN M. BRITTAIN (a/k/a Susan Mae Brittain) 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 2 Liberty Avenue 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: I. 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 0 You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of 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, P A 17102 (717) 234-4178 ALL THA T CERTAIN piece or parcel ofland situate in the Borough of West Fairview, Cumberland County, Pennsylvania, bounded and described as follows, to-wit: BEGINNING at a point in the Southern Line ofFairview Avenue at or opposite the center ofthe partition wall dividing properties known as No. 406 and No. 408 Fairview Avenue, said point being forty-six (46) feet one-half (1/2) inch East of the South East corner of Fairview Avenue and an unnamed alley; thence Southwardly through the center of the partition wall dividing properties known as No. 406 and No. 408 Fairview Avenue and beyond one hundred twelve and five-tenths (11205) feet to lands of the Shuey Estate; thence Eastwardly along lands of the Shuey Estate nine (9) feet nine (9) inches to a point at corner other lands of the Shuey Estate; thence Northwardly along land of the Shuey Estate and Lands of Mrs. Kimmel one hundred five (105) feet to a point in the southern line of Fairview Avenue; thence Westwardly along the Southern line ofFairview Avenue twenty-three (23) feet eleven and one- half (11 \oi) inches to a point, the place of BEGINNING. HAVING thereon erected the Eastern one-half of a two and one-half story frame dwelling known as Noo 406 Fairview Avenue, West Fairview, Pennsylvania 17025. Parcel # 45-16-1050-062 BEING the same premises which Gerald 1. Lowe and Helen C. Lowe, his wife, by deed dated 8/31/94 and recorded 9/6/94 in Cumberland County Deed Book III Page 465, granted and conveyed unto David Hamilton Brittain and Susan Mae Brittain. TO BE SOLD AS THE PROPERTY OF DAVID Ho BRITTAIN AlK/A DAVID HAMILTON BRITTAIN AND SUSAN M. BRITTAIN AIK/ A SUSAN MAE BRITTAIN ON CUMBERLAND COUNTY JUDGMENT NO. 2005 CIVIL 045600 o . - PENNSYLVANIA HOUSING FINANCE AGENCY VO DAVID Ho BRITTAIN SUSAN Mo BRITTAIN Cumberland County Sale 3/8/2006 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 Postage: One piece of ordinary mail addressed to: DAVID Ho BRITTAIN A/KJ A DAVID HAMILTON BRITTAIN 406 F AIRVIEW AVENUE WEST FAIRVIEW, PA 17025 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In comnliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: SUSANMo BRITTAIN A/K/A SUSAN MAE BRITTAIN 406 F AIRVIEW AVENUE WEST F AIRVIEW, P A 17025 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 Postage: ~-- /' \,-(, . r,~ /~~~~-;./ .,-- i~(' ,:; ,~ \ cc.J- , " /',," One piece of ordinary mail addressed to: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 Postmark: lu 7' $ 00.900 i)."il: ii;'(:'AH. . PENNSYL VANIA HOUSING FINANCE AGENCY VO DAVID Ho BRITTAIN SUSAN M, BRITTAIN Cumberland County Sale 3/8/2006 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 Postage: One piece of ordinary mail addressed to: TENANT/OCCUPANT 406 F AIRVIEW AVENUE WEST FAIR VIEW, PENNSYL VANIA 17025 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Discover Financial Services c/o Edward Stock, Esquire Stock & Grimes, LLP 804 West Avenue Jenkintown, PA 19046 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 Postage: One piece of ordinary mail addressed to: Associates Home Equity Services, Inco 250 East Carpenter Freeway Irving, TX 75062 Postmark: -~ ,?~-,~.~, ''(~~''\ , "":('/"\'""" il,~',.,~~ " A . ','/> \ "j \ I /;~ ,I . ~. .,.' '. \ '-. <u:I,) / ,., / ,~~;:---' "~" ~,'(: -~,' .:0 '~oool<' y'/ . Z "1'''' "/ 1'.')>_'~I' '. -: ;J $ 00.900 to' ..:r. . " .; . .. .l: 1.1, \U::\) , F )r ~ ZIP'" PE: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Pennsylvania Housing Finance Agency Tr is the grantee the same having been sold to said grantee on the 8th day of March A.D., 2006, under and by virtue of a writ Execution issued on the 5th day ofDec, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 4560, at the suit ofPEnnsvlvania Housing Finance Agency Tr against Dayid H Brittain & Susan M is duly recorded in Deed Book No. 274, Page 35. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /3 day of o~ I ,A.D. iiZ.oo& Y'Y)~ (3, ~ ~ Recorder of Deeds, ~"'~t~=~:-~lD "" --'" Wachovia Bank, National Association Trustee for Pennsylvania Housing Finance Agency VS David H. Brittain and Susan M. Brittain The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-4560 Civil Term William Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 30,2005 at 6:17 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: David H. Brittain and Susan M. Brittain, by making known unto David Brittain, personally and husband of Susan M. Brittain, at 406 Fairview Ave., West Fairview, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. 1. Michael Ickes, Deputy Sheriff, who being duly sworn according to law, states that on January 11,2006 at 10:15 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of David H. Brittain and Susan M. Brittain, located at 406 Fairview Ave., West Fairview, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: David H. Brittain and Susan M. Brittain, by regular mail to their last known address of 406 Fairview Ave., West Fairview, PA 17025. These letters were mailed under the date of January 10, 2006 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 8, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Leon Haller for Wachovia Bank, National Association, Trustee for Pennsylvania Housing Finance Agency. It being the highest bid and best price received for the same, Wachovia Bank, National Association, Trustee for Pennsylvania Housing Finance Agency of211 North Front Street, Harrisburg, PA 17101 being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $1,045.96. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage $30.00 20.51 15.00 15.00 30.00 10.00 .50 1.00 28.48 '" Certified Mail Levy Surcharge Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 1.95 15.00 30.00 1.17 413.00 348.80 21.05 25.00 39.50 $1,045.96 Sworn and subscribed to before me 2006, A.D. ~J2.:s~ ~/~ R. Thomas Kline, Sheriff BY, I w4 uS ,~^ ;..1-t Re~ tuJe-0 ,.JoolfI) f,b1) tA.... ~.,} 5'9,f ~ /7"fW! .. ,..... , W ACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CNIL ACTION LAW VSo NOo 2005 CML 4560 DAVID H. BRITTAIN SUSAN M. BRITTAIN, DEFENDANT(S) 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 406 FAIRVIEW AVENUE WEST FAIRVIEW, PENNSYL VANIA 17025: 1. Name and address of the Owner(s) or Reputed Owner(s): DAVID H. BRITTAIN A/KJA DAVID HAMIL TON BRITTAIN 406FAIRVIEW AVENUE WEST FAIRVIEW, PA 17025 SUSAN M. BRITTAIN A/KJ A SUSAN MAE BRITTAIN 406FAIRVIEW AVENUE WEST FAIRVIEW, PA 17025 2. Name and address ofDefendant(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 Discover Financial Services c/o Edward Stock, Esquire Stock & Grimes, LLP 804 West Avenue J enkintown, P A 19046 40 Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Associates Home Equity Services, Inc. 250 East Carpenter Freeway Irving, TX 75062 ",. ...... 50 Name and address of every other person who has any record lien on the property; UNKNOWN 60 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 406 F AIRVIEW AVENUE WEST FAIRVIEW, PENNSYLVANIA 17025 (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 e subject to the penalties of 18 P A C.S. Section 4904 relating to unsworn falsification to authori . Leon aIler PA In. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 DATE: December 2,2005 .. , " W ACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CML ACTION LAW VS. NOo 2005 CIVIL 4560 DAVID H. BRITTAIN SUSAN M. BRITTAIN, DEFENDANT(S) IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, March 08,2006 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: 406 FAIRVIEW AVENUE WEST FAIRVIEW, PENNSYL VANIA 17025 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2005 CIVIL 4560 JUDGMENT AMOUNT $43,986.46 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: DAVID H. BRITTAIN (alk/a David Hamilton Brittain) and SUSAN M. BRITTAIN (alk/a Susan Mae Brittain) " I 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 TffiS 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 2 Liberty Avenue 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 a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of 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, PAl 71 02 (717) 234-4178 " , '. ALL THAT CERTAIN piece or parcel ofland situate in the Borough of West Fairview, Cumberland County, Pennsylvania, bounded and described as follows, to-wit: BEGINNING at a point in the Southern Line of Fairview Avenue at or opposite the center of the partition wall dividing properties known as No. 406 and No. 408 Fairview Avenue, said point being forty-six (46) feet one-half (1/2) inch East of the South East comer of Fairview Avenue and an unnamed alley; thence Southwardly through the center of the partition wall dividing properties known as No. 406 and No. 408 Fairview Avenue and beyond one hundred twelve and five-tenths (112.5) feet to lands of the Shuey Estate; thence Eastwardly along lands of the Shuey Estate nine (9) feet nine (9) inches to a point at corner other lands of the Shuey Estate; thence Northwardly along land of the Shuey Estate and Lands of Mrs. Kimmel one hundred five (105) feet to a point in the southern line of Fairview Avenue; thence Westwardly along the Southern line of Fairview Avenue twenty-three (23) feet eleven and one- half (11 Yz) inches to a point, the place of BEGINNING. HAVING thereon erected the Eastern one-half of a two and one-half story frame dwelling known as No. 406 Fairview A venue, West Fairview, Pennsylvania 17025. Parcel # 45-16-1050-062 BEING the same premises which Gerald 1. Lowe and Helen C. Lowe, his wife, by deed dated 8/31/94 and recorded 9/6/94 in Cumberland County Deed Book 111 Page 465, granted and conveyed unto David Hamilton Brittain and Susan Mae Brittain. TO BE SOLD AS THE PROPERTY OF DAVID H. BRITTAIN AlK/A DAVID HAMILTON BRITTAIN AND SUSAN M. BRITTAIN AlK/A SUSAN MAE BRITTAIN ON CUMBERLAND COUNTY JUDGMENT NO. 2005 CIVIL 04560. WRIT OF ExEcUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-4560 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due W ACHOVIA BANK, NATIONAL ASSOCIATION, Trnstee for Pennsylvania Housing Finance Agency Plaintiff (s) From DAVID H. BRITTAIN AND SUSAN M. BRITTAIN (I) You are directed to levy upon the property ofthe defendant (s)and to sell SEE LEGAL DISCRIPTION 0 (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 npon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify hirn/her that he/she has been added as a garnishee and is enjoined as above statedo Amount Due$43,986.46 L.L.$.50 Interest per diem of $7.92 to sale date 3/8/06 $1,227.60 Atty's Comm % Due Prothy $1.00 Atty Paid $154.80 Other CostsLate Charges $15.08 per month to sale date 3/8/06 $75.40 and Escrow Deficit $2,000.00 Plaintiff Paid Date: December 5, 2005 (Seal) By: Deputy REQUESTING PARTY: Name Leon P. Haller, Esq. Address: 1719 North Front Street Harrisburg PA 17102 Attorney for: Plaintiff Telephone: 717-234-4178 Supreme Court ID Noo 15700 ~<i)G~' 'l S: S2 Real Estate Sale # 46 On December12, 2005 the Sherifflevied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, P A Known and numbered as 406 Fairview Ave., West Fairview, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 12,2005 BY:0~~ Real Estate Sergeant E;) ~ ~ G\ii1 lie '" 8- 330. '9'd 'A1HnO:J OHV'H:l38wn:J ,:l.:UH3HS 3H! .:/0 3:J1.:/.:I0 ,'.. . 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 Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Coo, 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 in the 24th and 31st day(s) of January and the 7th day(s) of Febrnary 20060 That neither he 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 he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Coo 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 "MOO, Volume 14, Page 3170 PUBLICATION COPY SALE#46 D. NOT PUBLIC My conunission expires June 6, 2006 . CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 . , PRUJF OF PUBLICATION OF NOTICE Ie\, UMBERLAND LAW JOLRNAL (Under k \0. 5S7, approved May 16, 1(29), P. 1.1784 STATE OFPENNSYLVMd\ : SS, COUNTY OF CUMBERLA ,u : Lisa Marie Coyne, F.quire, Editor of the Cumberland I~aw Journal, of the County and State aforesaid, being duly 511 'ill, according to law, deposes and says that the Cumberland Law Journal, a legal periodical pU!'il,ilcd in the Borough of Carlisle ill the County and State aforesaid, was established January 2,h2, and designated by the local courts as the official legal periodical for the public81ion " :!lllegal notices, and has, since January 2,1952, been regnlarly issued weekly in the said C(, 'dV, and that Ihe printed notice or publication attached hereto is exactly the same as was prilliri in the regular editions and issucs of the said Cumberland Law Journal on the following datcs, v!z: January 20,:' ,,(bruary 3, :'006 Affiant further depose Illat he is authorized to verify this statement by the Cumberland Law Journal, a legal periodici,I,'!' gencral circulation, and that he is not interested in the subject matter of the aforesaid noli 'c' or advertisement, and thai all allegations in the foregoing statements as to time, place 111,1 ,'i1aractcr o!'publication are (rue. - itor TO AND SUBSCRIBED before me this day of February, 2006 ~A~) L. "","'''',",,''1'_;.~~~- ~t NOT,.:~P.PL SEAL ~ l.O~C'; E, NotarJ Public C;?"~:::';',' ;:'n~'--' Cunlherland County -/~;::rch 5.. 2GOQ . ".,.t.L>.~:"'" '"",c:.~".;L;_'c,",." Il&o\L I18TATIt SAL& RO. 46 Writ No. 2005-4560 CMI Wachovla Bank. National Association, Trustee for Pennsylvania Housing Finance Af!,eney vs. David H. Brittain and Susan M. Brittain Atty.: Leon HaJler ALL THAT CERTAIN piece or parcel of land situate In the Bor- ough of West Fairview. Cumberland County. Pennsylvania. bounded and described as follows, to-wit: BEGINNING at a point In the Southern Line of FaJrv1ew Avenue at or opposite the center of the par- tltlon wall dlvldJng properties known as No. 406 and No. 408 Falrvlew Avenue. said point being forty-six (46) feet one-half (1/2) inch East of the South East comer of Fatrv1ew Avenue and an unnamed alley: thence Southwardly through the center of !he partltion wall dMding properties known as No. 406 and No. 408 Falrview Avenue and be- yond one hundred twelve and ftve- tenths (Jl2.5) feet to lands of the Shuey Estate; thence Eastwardly along lands of the Shuey Eslate nine (9) feet nine (9) inches to a point at corner other lands of the Shuey Estate; thence Northwardly along land of the Shuey Eslate and Lands of Mrs. Kimmel one hundred five (105) feet to a point in the southern line of Fairview Avenue: thence Westwardly along the Southern line of Falrvlew Avenue twenty-three (23) feet eleven and one-half (11 1/2) inches to a point. the place of BE- GINNING. HAVING thereon erected the Eastern one-half of a two and one- half stoly frame dwelling known as No. 406 Fatrview Avenue, West Falrvlew. Pennsylvania 17025. Parcel # 45-16-1050-062. BEING the same premises which Gerald L. Lowe and Helen C. Lowe. hi. wife. by deed dated 8/31/94 and recorded 9/6194 in Cumber- land County Deed Book III Page 465. granted and conveyed unto David Hamllton BrIttain and Susan Mae Brittain. TO BE SOLD AS THE PROP- ER1Y OF DAVID H. BRrTTAIN A/K/ A DAVID HAMILTON BRITrAlN AND SUSAN M. BRITrAlN A/K/A SUSAN MAE BRITrAlN ON CUMBERLAND COUNTY JUDGMENT NO. 2005 CIVIL 04560.