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HomeMy WebLinkAbout05-5346 c) Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 717.234.4178 rntg@pkh.com WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CNIL ACTION - LAW YS. ACTION OF MORTGAGE FORECLOSURE LAURA A. SWOPE AJK/A LAURA SWOPE Defendant -l'DS- 651ft, ~ 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 you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CARLISLE, PA 17013 717-249-3166 A V ISO L.E HAN DEMANDADO A USTED EN L.A CORTE. SI DESEA DEFENDERSE CONTRA L.AS QUEJAS PERESENTADAS, ES ABSOL.UTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA. EL. PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA RECUERDE: SI USTED NO REPONDE A EST A DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPL.A CON TODAS LAS PROVISIONES DE EST A DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBL.E QUE USTED PUEDA PERDER D1NERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. L.LEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO. LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOSl. (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE 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 vs. LAURA A. SWOPE NK/A LAURA SWOPE Defendant THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address ofthe original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PAl 71 02 (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 CIVIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE ~. 0'5-53'1<" {!;uJ "I~ LAURA A. SWOPE NKJA LAURA SWOPE Defendant COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, W ACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, pursuant to a Trust indenture dated as of April 1, 1982 ("Trust"), is a National Association with a servicing agent of Pennsylvania Housing Finance Agency, with an address of211 NORTH FRONT STREET, HARRISBURG, PENNSYLVANIA 17101. 2. Defendant, LAURA A. SWOPE NKJ A LAURA SWOPE, is an adult individual whose last known address is 513 SOUTH PITT STREET, CARLISLE, PENNSYLVANIA 17013. 3. On or about, March 15, 2002, the said Defendant executed and delivered a Mortgage Note in the sum of $71,773.00 payable to PNC BANK, N.A., which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1752, Page 2976 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to PENNSYLVANIA HOUSING FINANCE AGENCY and was recorded in the aforesaid County in Mortgage Book 685, Page 3119. The Mortgage was subsequently assigned to WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY and will be sent for recording. The Said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 513 SOUTH PITT STREET, CARLISLE, PENNSYLVANIA 17013 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on June 01,2005 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $68,626.94 Interest at $10.72 per day From 05/01/2005 To 11/01/2005 (based on contract rate of 5.6250%) $1,972.48 Late Charges $16.53 From 06/01/2005 to 11/01/2005 $99.18 Escrow Balance $522.19 Attorney's Fee at 5% of Principal Balance $3,431.35 TOTAL $74,652.14 **Together with interest at the per diem rate noted above after November 01, 2005 and other charges and costs to date of Sheriffs Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice ofIntention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No.6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member ofthe Armed Forces of the United States of America, nor engaged in any way which would bring her within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The within Mortgage is insured by the Federal Housing Administration under Title 11 of the National Housing Act, and such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. 12. Prior to the commencement of this foreclosure action, the Plaintiff sent to the Defendants written notice dated August 10, 2005, notirying them of the fact of default, amount needed to cure the delinquency and that if their account was not timely reinstated, a foreclosure action would be filed. A copy of the August 10,2005 notice are attached hereto and marked as Exhibit "C". WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 5.6250% ($10.72 per diem), together with other charges and costs including escrow advances incidental thereto to th ate of Sheriffs Sale and for foreclosure and sale ofthe property within described. By: PURe , KRUG & HALL Leon P. Haller, Esquire Attorney for Plaintiff l.D. # 15700 1719 N. Front Street Harrisburg, PAl 71 02 (717-234-4178) !u(JCj9c)! Multistate Lender #: 004B90~755 NOTE FHA Case No. 44~-6839794 March ~5, 2002 [Date] Carlis~e Pennsylvani.a 5~3 South Pitt Street Car~isle, PA ~70~3 [Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lenderll means PNC Bank, NA and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of Seventy One Thousand Seven Hundred Seventy Three and OO/~OO------------------------------------------------ -------------------------------------------------------------------------------------- Dollars (U.S. $ 7~, 773.00-- -- --- -- ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Five and five eighths percent ( 5. 625 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on , 2002 . Any principal and interest remaining on the first day of April , will be due on that date, which is called the "Maturity Date. " Place Payment shall be made at 249 Fifth Ave., ~ PNC Plaza, pittsburgh, Pennsylvania ~5222 or at such place as Lender may designate in writing May 1 2032 (B) by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U. S. $ 413 . ~ 7 . This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] DGraduated Payment Allonge DGrowing Equity Allonge DOther [specify] 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. (Ia FHA Multistate Fixed Rate Note. 10/95 I)(i-P1R(9601).02 TM ElEC1RONIC LASER FORMS, INC.. (800)3~!-051.5.l>~ Page 1 012 IrlltlaI5:~ W:'''lil'''''lr~ln'''''''' -b 1':...fH,UD.l'1 . 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has uot received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Four percent ( 4 . 000 %) nf the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not pennitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WANERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "N otice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Ally notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER TillS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Ally person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Ally person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all siguatories together. Ally one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. ~()J.~N'~. ~L Laura A Swope (Seal) (Seal) .BoITower -Bon-ower (Seal) (Seal) .Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) -Borrower (Seal) -Borrower e,-P1R(960i).02 'n Page 2 of 2 PAY WiTHOUT RECOURSE: TO THE PENNSYLVAhllA HOUSING FII\!N~CE j\GENCY '>.t"A W^/'H!r-m MUTU ....~-_. -. ',.;:-;'-1 ',"!':_ :.i,'''',L """ T. BLACK F,S:cO'c:1ANT ViCE PRES ENT "~ PAY WITHCXJT RECOJRsE TO WASHINGTON MUTUAL BANK, FA PNhBANK, NA ~__~ ' i-" I MAHLE T. BLACK / . ASS IS, ANT VICE PR,IDENT ALL THOSE TWO (2) CERTAIN lots of land situate in the Third Ward of the Borough of Carlisle, Pennsylvania, bounded and described in accordance with a survey prepared by D.P. Raffensperger Associates, Registered Surveyors, dated July 25, 1984, as follows: LOT NO # 1: BEGINNING at an iron pin on the East building line of South Pitt Street, 97.4 feet South of the building line of West Willow Street, at corner of land now or formerly of Meals Estate; thence along land now or formerly of said Meals Estate, Dunkleberger and Roy Minter, South 83 degrees 47' East 110.00 feet to a nail in concrete on the west side of a ten (10) foot public alley; thence along the west side of said alley, South 6 degrees 13' West 18.8 feet to an iron pin in the line dividing properties numbered 513 and 515 South Pitt Street; thence along same and through the center ofa partition wall dividing properties numbered 513 and 515 South Pitt Street, North 83 degrees 47' West 110.00 feet to a point on the east building line of said South Pitt Street; thence along same, North 6 degrees 13' East 18.8 feet to an iron pin, the Place of BEGINNING. HAVING thereon erected a vinyl siding dwelling house known and numbered as 513 South Pitt Street, Carlisle, Pennsylvania. LOT NO. # 2: BEGINNING at an iron pin on the East side of the ten (10) foot public alley above mentioned, 113.83 feet south of the building line of West Willow Street, at comer of land now or formerly of Kline; thence South 83 degrees 47' East 70.0 feet to an iron pin at corner of land now or formerly of Meals Estate; thence along same, South 6 degrees 13' West 15.0 feet to an iron pin; thence along same, North 6 degrees 13 'feet East 15.0 feet to an iron pin, the Place of BEGINNING. ExmBIT 6--== -i P E 'N N S Y L V A. A H 0 U SIN G F I.A N Homeownership Programs Division 211 North Front Street P.O. Box 15057 Harrisburg, Pennsylvania 17105-5057 (717) 780-3870/TTY (717) 780-1869 C E AGENCY CERTIFIED MAIL - RETURN RECEIPT REQUESTED August 10, 2005 RE: Account NO: 1009901 LAURA A SWOPE 513 SOUTH PITT STREET CARLISLE PA 1701.3 RE: 513 SOUTH PITT STREET CARLISLE PA 17013 Dear Occupant(s): NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by CORES TATES BANK, NA, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY (hereinafter we, us or ours) on your property located at 513 SOUTH PITT STREET CARLISLE PA 17013 IS IN SERIOUS DEFAULT because you have not made the monthly payments of 615.00 for June 01, 2005 through August 01, 2005 for a total of $1,845.00. Late charges and NSF charges that have accrued to this date in the amounts of $33.06 and $.00 respectively, are also due. The total listed below includes all fees (including inspections and securing that needed to be completed), less any funds we are holding in suspense. The total amount now required to cure this def aul t, or in other words, get caught up in your payments, as of the date of this letter is $1,893.06. You may cure this default within thirty (30) DAYS of the date of this letter, by paying to us the total amount of $1,893.06, plus any additional monthly payments, expenses and late charges which may fall due during this period. Such payment must be made either by cash, cashier I scheck, certif ied check or money order and made at PENNSYLVANIA HOUSING FINANCE AGENCY 211 NORTH FRONT STREET/P.O. BOX 15057 HARRISBURG, PA 17105-5057 (717) 780-3870/3871 or 1-800-822-7375 or TTY (800) 346-3597 If you do not cure the def aul t wi thin THIRTY (30) DAYS, we intend to exercise our riaht to accelerate the mortaaae oavments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortaaaed DrODerty. sold case If the mortaaae is foreclosed. your mortaaaed DroDerty will be by the Sheriff to Day off the mortaaae debt. If we refer your to our attorneys, but you cure the default :~R~_~gre,. they ~in . ..:t'.,;,,,'i.._k#...~;'Ar-,. .,--- .,' ( legal proceedings aainst you, you will .11 have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees, even if they are over $50.00. Any attorney's fee will be added to whatever you owe us, which may also include our reasonable costs. If YOU cure the default within the thirty dav period. you will not be reauired to Dav at- tornev I s fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the defaul t within the thirty day period and foreclosure proceedings have begun, you still have the riaht to cure the default and prevent the sale at any time UP to one hour before the Sheriff's foreclosure sale. You mav do so bv payina the total amount of the unpaid month- ly pavments and any late or other charaes then due. as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other reauirements under the mortoaae. It is estimated that the earliest date that such a Sheriff I s sale could be held would be approximately five months from the date of this Notice. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 717-780-3870. This payment must be made payable in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You of the continue could be should realize that a Sheriff's sale will end your ownership mortgaged property and your right to remain in it. If you to live in the property after the Sheriff's sale, a lawsuit started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THIS MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY I S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default. the mortaaae will be restored same position as if no default had occured. However, you entitled to this right to cure your default more than three any calendar year. to the are not times in You have the right to assert in other lawsuit instituted under nonexistence of a default or any have to any such action. any foreclosure proceeding or the mortgage documen ts , other defense you believe you any the may If you maintain credit, life or disability insurance in connection with your mortgage loan, your failure to pay premiums with your payments may have already resulted or may result in the future in the lapse or a cancellation of that insurance by the insurance company. If the insurance lapses or is cancelled, reinstatement of the loan will not reinstate the insurance, and you will have to apply to , the' insurance com" and qualify for wish to retain it. rePlac.nt insurance if you If you make partial payments on account of the delinquencies, we may accept them and apply them to the delinquencies. However, such partial payments will not cure your default or reinstate your loan. The loan will not be reinstated unless we receive the entire amount required to cure the default. Sincerely, ~ i 1'\ ' \lAt~ ~, (j~ Mr. Thomas L. Jouker Manager of Collections PENNSYLVANIA HOUSING FIN~CE AGENCY 211 North Front Street/ P.O. Box 15057 Harrisburg, PA 17105-5057 TLG/jrd J '2LS,1 PENNSYLV . . A N I A H 0 U SIN G FIN A N C E Homeownership Programs Division 211 North Front Street P.O. Box 15057 Harrisburg, Pennsylvania 17105-5057 (717) 780-3870/TTY (717) 780-1869 AGENCY NOT ICE August 10, 2005 LAURA A SWOPE 513 SOUTH PITT STREET CARLISLE PA 17013 RE: Account#: 1009901 TO: LAURA A SWOPE 513 SOUTH PITT STREET CARLISLE PA 17013 FROM: PENNSYLVANIA HOUSING FINANCE AGENCY The Federal Housing and Development Act of 1987 (as amended) directs creditors to notify homeowners who are delinquent in their mortgage obligation of the availability of homeownership counseling provided by nonprofit organizations approved by the Secretary of the Department of Housing and Urban Development ("HUD") and experienced in the provision of homeownership counseling. Attached is a current list of HUD-approved counseling agencies for Pennsylvania. If these agencies are not near you, you can call HUD I s toll free #800-569-4287 for financially distressed mortgagors for information concerning HUD-approved housing counseling agencies. Enclosure Housing Counseling List . . PAGE 2 OF 2 * Please be sure the agency of your choice services your county. Tabor Community Services 439 E. King Street Lancaster, PA 17602 (717) 397-5182 Housing Council of York 35 South Duke Street York, PA 17401 (717) 854-1541 ~_n......."'__................ ...-..............-.... ......__.............-......~.......-..................-.....-----...-.... ~t (') CIl:n:n " :u III g mm~ CIl 1ft z3" :::0 ~~ CI' o I.:i 11l c-' 'ft Z -0 (i; --:n ~ .... ~~ ... m ~:!lz 1ft c () V> ~ I:-' - n "0 :u 1ft - II'" -" :;; G ~ 1ft ~ ~ W C ~0 iii' 11l ", ~ [ <J i :n &' i Z lZl ~ ~ 'C n UJ .I c.. (f) i. ~ ~ ~ g ..D -' ~, - ro !!: !!' CIl c .:o<>:'() S;lC ;> i [ 3 c - . S - Q. .. .t;; > I:-' Q"'tI 0 (1' i' i ...., ~~S .;g. [ c !. ro c ~ - ~ ..D -< ... 0 CIl sO: !!. '2: 0- ~~ , t: It> - .. ~ 0 .." .." ~ .z: ::;c.. ;!' '" > ..D \ ~ I -< .. '" ~ 0 )'2) 0 - .." I:-' ~.::,' ~- - --..J t'I1 c / yJ'~";' (, ,:"-'_. 0 lZl .... Co~., o.t:Y - ...., ..D , r'- w g; fl~~ ~~?>[ ! 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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. A~!r Director of Accounting and Loan Servicing Date: /O~ Id-QS- PENNSYLVANIA HOUSING FINANCE AGENCY SERVICING AGENT FOIl W ACHOVIA BANK, NATIONAL ASSOCIATION FIKJA FIRST UNION NA110NAL BANK, AS SUCCESSOR lRUSlEE FOR PENNSYLVANIA HOUSING ~""ANCE AGENCY ~ ~~ ~ 0~ :: ., \> ~ (y-. eN ~ C) r<~ C. .--.... 0 l:..~J (',;-' " n .-1 ( ::r fl'] ['.) _..,~ (.,) , C""' -< ._::J c.::;: .< SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-05346 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WACHOVIA BANK NA VS SWOPE LAURA A AKA LAURA SWOPE R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT TENANT/OCCUPANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to , TENANT/OCCUPANT the within named DEFENDANT 513 SOUTH PITT STREET CARLISLE, PA 17013 THERE WERE NO OTHER OCCUPANTS. Sheriff's Costs: Docketing Service Not Found Surcharge So answers: 6.00 .00 5.00 10.00 .00 21.00 , . ~-;-:;~ <-c:~. /.. r'/ R. Thomas Kline Sheriff of Cumberland County PURCELL KRUG HALLER 10/24/2005 Sworn and subscribed to before me this x1& day of ~ <2tJ'O$" A.D. ~~ Prochonot 7 SHERIFF'S RETURN - REGULAR - CASE NO: 2005-05346 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK NA VS SWOPE LAURA A AKA LAURA SWOPE WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SWOPE LAURA A AKA LAURA SWOPE the DEFENDANT , at 0929:00 HOURS, on the 21st day of October 2005 at 513 SOUTH PITT STREET CARLISLE, PA 17013 by handing to LAURA A SWOPE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Aff idavit Surcharge So Answers: 18.00 4.80 .00 10.00 .00 32.80 "'" ----'"O.,.,P; /~ r 4~",.7..~+',:;'-::::\~~~~..~ ~ R. Thomas Kline Sworn and Subscribed to before me this y~ day of 10/24/2005 PURCELL KRUG HALLER ,~~^ ;0 eputy By: tr II~ Sheriff A.D. WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION LAW VS. NO. 2005-05346 LAURA A. SWOPE A/KiA LAURA SWOPE, DEFENDANT(S) MORTGAGE FORECLOSURE 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) LAURA A. SWOPE AlKJA LAURA SWOPE for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiffs damages as follows: Unpaid Principal Balance Interest Per diem of$IO.72 From 05/01/2005 To 11/01/2005 $68,626.94 $ I ,972.48 Late Charges ($16.53 per month to 11/01/2005) Escrow Deficit $99.18 $522.19 5% Attorney's Commission TOTAL $3,431.35 $74,652.14 **Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriffs Sale. By nP.Haller PA LD. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ''---- ~-: c::;, --\--. " ~ ", ~---:':> ~- " ~ ~ '" "" '~~ -~, ~-, '-. "-J "- C'- vv '-0 (' -::, "<-, \\ ---., ---, -z. V- ""- '-0 -=-J ,- "- '- -, ~ (,.1 G. ~ ~ '\.-., '~, :::::--. ~ ,,""" '-. "" - ~, -\.. "- "'<. t--....' -, WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION LAW Vs. NO. 2005-05346 IN MORTGAGE FORECLOSURE LAURA A. SWOPE AlKJA LAURA SWOPE, DEFENDANT(S) CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on November 14, 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 iudicated on the attached Notice. LeonP. Haller J.D. # 15700 Attorney for aintiff Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 171 02 . . '" WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2005-05346 VS. LAURA A. SWOPE NKJA LAURA SWOPE Defendant CIVIL ACTION LAW IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: NOVEMBER 14, 2005 TO: LAURA A. SWOPE AfKlA LAURA SWOPE 513 SOUTH PITT STREET CARLISLE, PENNSYLVANIA 17013 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRlTTEN APPEARANCE PERSON ALL Y OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORM A TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICE TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 LEON P. HAL I.D. # 15700 1719N. Front St., Harrisburg, PA 17102 (7 I 7) 234-4178 PURCELL, KRUG & HALLE (,?-. ,~~ ::) \ t,:' -' , v 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. 2005-05346 LAURA A. SWOPE A/KJA LAURA SWOPE, 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 this ~ day of 1Jf'~.. 20.t'~ !-------. -. --".:OTAgIH SEAL I MAP "N' ",RHETT!. Notary Public I l.o""'" . ,,', IV/p., Dauphin County ; tVl',i t:xpiresAug. 8, 2006 :',:1 ; c, (,) 01 , 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. 2005-05346 LAURA A. SWOPE A/KIA LAURA SWOPE, 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 513 SOUTH PITT STREET, CARLISLE, PENNSYLVANIA 17013: I. Name and address ofthe Owner(s) or Reputed Owner(s): LAURA A. SWOPE A/K1A LAURA SWOPE 513 SOUTH PITT STREET CARLISLE, PA 17013 2. Name and address ofDefendant(s) in the Judgment, if different from that listed. in (I) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: . DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 513 SOUTH PITT STREET CARLISLE, PENNSYLVANIA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated. ) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are m subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorif . allerPALD.#15700 cell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: December 5, 2005 ,:..n ..\ -- (}, ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2005-05346 W ACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYL VANIA HOUSING FINANCE AGENCY, PLAINTIFF Total Judgment Amount Interest Per diem of$IO.72 to sale date 3/8/2006 Late Charges $ I 6.53 per month to sale date 3/8/2006 Escrow Deficit $74,642.14 $1,340.00 $66.12 VS. LAURA A. SWOPE AlK/A LAURA SWOPE, DEFENDANT(S) $2,000.00 TOTAL WRIT $78,048.26 'Plus additional interest, late charges and other costs to date of sherifrs sale. SALE DATE: Wednesday, March 08, 2006 (PROTHONOTARY'S USE) Pltf. Paid Deft. Paid Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. Date: December 5, 2005 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 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 513 SOUTH PITT STREET CARLISLE, PENNSYLVANIA 17013 Date: ~~ PROTH NOT RK IL DIVISION BY DEPUTY i . . ALL THOSE TWO (2) CERTAIN lots of land situate in the Third Ward of the Borough of Carlisle, Pennsylvania, bOWlded and described in accordance with a survey prepared by D.P. Raffensperger Associates, Registered Surveyors, dated July 25. 1984, as follows: LOT NO # 1: BEGINNING at an iron pin on the East building line of South Pitt Street, 97.4 feet South of the building line of West Willow Street, at corner of land now or formerly of Meals Estate; thence along land now or formerly of said Meals Estate, Dunkleberger and Roy Minter, South 83 degrees 47' East 110.00 feet to a nail in concrete on the west side of a ten (10) foot public alley; thence along the west side of said alley, South 6 degrees 13' West 18.8 feet to an iron pin in the line dividing properties numbered 513 and 515 South Pitt Street; thence along same and through the center ofa partition wall dividing properties numbered 513 and 515 South Pitt Street, North 83 degrees 47' West 110.00 feet to a point on the east building line of said South Pitt Street; thence along same, North 6 degrees 13' East 18.8 feet to an iron pin, the Place of BEGINNING. HAVlNG thereon erected a vinyl siding dwelling house known and numbered as 513 South Pitt Street, Carlisle, Pennsylvania. LOT NO. # 2: BEGINNING at an iron pin on the East side of the ten (10) foot public alley above mentioned, 113.83 feet south of the building line of West Willow Street, at comer ofland now or formerly of Kline; thence South 83 degrees 47' East 70.0 feet to an iron pin at comer of land now or formerly of Meals Estate; thence along same, South 6 degrees 13' West 15.Q feet to an iron pin; thence along same, North 6 degrees 13' feet East 15.0 feet to an iron pin, the Place ofBEGlNNING. BEING THE SAME PREMISES WHICH Chad M. Baughman by deed dated 3/15/02 and recorded 3/19/02 in Cumberland County Deed Book 250, Page 4287, granted and conveyed unto Laura A. Swope. TO BE SOLD AS THE PROPERTY OF LAURA A. SWOPE AIKIA LAURA SWOPE ON JUDGMENT NO. 2005-05346 ASSESSMENT NO. 04-22-0483-072 .'^... ',- ) "\:::::-. ----... "-..' ~ ':'-.. ~ .~- ~- '-.... ----. Z s--- '- ,y.,~ ~ .~ ~ <:::, '& '-, "" --- ---. '" r- '\--. 'f) ,~ ':~ . ':::' ~>-- ;\ " \.,:\ \ 0\ \ ~) ex;' \ J \ -"c--"'" , Q ~"-:' ...,... .... -:r- --. ~\ ~~ '0,\ ,"10\ .~ ~ (--. 0 ./ -'0 ""- .;:-:> "' ---.. +::--. D ",-" --:: ... V' "-) C> ~ 01 , "'" r , ~"'''-j :;J -\-- \) C' " r-"I C~\ " ..~ (.,... :::1 -, -,~\ -~- WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-5346 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due W ACHOVIA BANK, NATIONAL ASSOCIATION, Trustee for Pennsylvania Housing Finance Agency Plaintiff (s) From LAURA A. SWOPE A/KIA LAURA SWOPE ( 1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DISCRIPTlON . (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 gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that helshe has been added as a garnishee and is enjoined as above stated. Amount Due$74,642.14 L.L.$.50 Interest per diem of $10.72 from 5/1105 to 11/1/05 $1,340.00 Atty's Corom % Due Prothy $1.00 Atty Paid $135.80 Other CostsLate Charges $16.53 per month to sale sale date 3/8/06 $66.12, Escrow Deficit $2,000.00 Plaintiff Paid Date: December 5, 2005 Prothonotary (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 No. 15700 1<'~~,~~:" ':,-~'>~ !1"':"~"-:;f-P 'r.""';....t...C'.,(~ ! \.~,',\1 :: ,;,' ,~,,: :, ,,' " '. ,:',;, ";:"",,.,L PWi ,:.....:",-P...'~FO I Hl:i--.-C#:1"; . on -' . ~-e!()ilqr VI / '1-/1 " _ ,.' - t..- Pl'lltt;OOQ!,i!, .' Leon P. Haller Purcell, Krug & Haller 1719 N. Front street Harrisburg, PA 17102-2392 (717) 234-4178 Ihaller@pkh.com WACHOVIA BANK, NATIONAL ASSOCIA- TION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. NO. 2005 - 0534 6 LAURA A. SWOPE A/K/A LAURA SWOPE, Defendant IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PROTHONOTARY: please mark the judgment entered against the Defendant satisfied of record. PURCELL, LER BY: Leon P. Haller Attorney for P DATE: February 21, 2006 ,,", .. ..----' ~~- ,--, v <..,.. -- Wachovia Bank, National Association, Trustee for Pennsylvania Housing Finance Agency VS Laura A. Swope alkla Laura Swope The Court of Common Pleas of Cwnberland County, Pennsylvania Writ No. 2005-5346 Civil Term Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 30,2005 at 10:39 o'clock AM, 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 defendant, to wit: Laura A. Swope alkla Laura Swope, by making known unto Laura Swope, personally, at 513 South Pitt Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on January 10,2006 at 7:36 o'clock P.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 Laura A. Swope alkla Laura Swope located at 513 South Pitt Street, Carlisle, 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 defendant, to wit: Laura A. Swope alkJa Laura Swope, by regular mail to her last known address of 513 South Pitt Street, Carlisle, P A 17013. This letter was mailed under the date of January 10, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Haller. Sheriffs Costs Docketing Poundage Advertising Posting Handbills Levy Mileage Surcharge Law Library Prothonotary Share of Bills 30.00 20.33 15.00 15.00 15.00 9.20 20.00 .50 1.00 21.05 Law Journal Patriot News Postage Certified Mail 467.00 420.20 .74 1.63 $1,036.65 Sworn and subscribed to before me <"b -j I This J,'r~<'day of 7-o/"",-"-'A 2006, A.D. // Jl.eAn~rs: ;~ -:/> ~~...J ~ ~~fi: '~ R. Thomas Kline, Sheriff ByJec:l.A-{ \~ Real Estate Sergeant .'0 ), ) (J'~ < jei (( ) /;''1 ? f"L d'l,(..(....'. WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYL VANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION LAW VS. NO. 2005-05346 LAURA A. SWOPE AlKJA LAURA SWOPE, 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 513 SOUTH PITT STREET, CARLISLE, PENNSYL VANIA 17013: 1. Name and address of the Owner(s) or Reputed Owner(s): LAURA A. SWOPE A/KJA LAURA SWOPE 513 SOUTH PITT STREET CARLISLE, P A 17013 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 4. Name and address oflast recorded holder of every mortgage ofrecord: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: f WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION LAW VS. NO. 2005-05346 LAURA A. SWOPE AlKJA LAURA SWOPE, 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: 513 SOUTH PITT STREET CARLISLE, PENNSYLVANIA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2005-05346 JUDGMENT AMOUNT $74,642.14 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: LAURA A. SWOPE AlK/A LAURA SWOPE .' . A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or govenunental 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 PROMPTL Y. , 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. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Hamsburg, P A 17102 (717) 234-4178 , ALL THOSE TWO (2) CERTAIN lots of land situate in the Third Ward of the Borough of Carlisle, Pennsylvania, bounded and described in accordance with a survey prepared by D.P. Raffensperger Associates, Registered Surveyors, dated July 25, 1984, as follows: LOT NO # 1: BEGINNING at an iron pin on the East building line of South Pitt Street, 97.4 feet South of the building line of West Willow Street, at corner of land now or formerly of Meals Estate; thence along land now or formerly of said Meals Estate, Dunkleberger and Roy Minter, South 83 degrees 47' East 110.00 feet to a nail in concrete on the west side of a ten (10) foot public alley; thence along the west side of said alley, South 6 degrees 13' West 18.8 feet to an iron pin in the line dividing properties numbered 513 and 515 South Pitt Street; thence along same and through the center of a partition wall dividing properties numbered 513 and 515 South Pitt Street, North 83 degrees 47' West 110.00 feet to a point on the east building line of said South Pitt Street; thence along same, North 6 degrees 13' East 18.8 feet to an iron pin, the Place of BEGINNING. HAVING thereon erected a vinyl siding dwelling house known and numbered as 513 South Pitt Street, Carlisle, Pennsylvania. LOT NO. It 2: BEGINNING at an iron pin on the East side of the ten (10) foot public alley above mentioned, 113.83 feet south of the building line of West Willow Street, at comer of land now or formerly of Kline; thence South 83 degrees 47' East 70.0 feet to an iron pin at comer of land now or formerly of Meals Estate; thence along same, South 6 degrees 13' West 15.0 feet to an iron pin; thence along same, North 6 degrees 13' feet East 15.0 feet to an iron pin, the Place of BEGINNING. BEING THE SAME PREMISES WHICH Chad M. Baughman by deed dated 3/15/02 and recorded 3/19/02 in Cumberland County Deed Book 250, Page 4287, granted and conveyed unto Laura A. Swope. TO BE SOLD AS THE PROPERTY OF LAURA A. SWOPE NKJA LAURA SWOPE ON JUDGMENT NO. 2005-05346 ASSESSMENT NO. 04-22-0483-072 WRIT OF EXECUTION and/or A TT ACHMENT . COMMONWEALTH OF PENNSYLVANIA) . COUNTY OF CUMBERLAND) N005-5346 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 LAURA A. SWOPE AlKJA LAURA SWOPE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DlSCRIPTION . (2) You are also directed to attach the property of the defendant( s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$74,642.14 L.L.$.50 Interest per diem of $10.72 from 5/1/05 to 11/1/05 $1,340.00 Atty's Comm % Ally Paid $135.80 Due Prothy $1.00 Other CostsLate Charges $16.53 per month to sale sale date 3/8/06 $66.12, Escrow Delicit $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 No. 15700 Real Estate Sale # 47 On Decemberl2, 2005 the Sherifflevied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 513 South Pitt Street, Carlisle, more fully described on Exhibit "A" Date: December 12,2005 BY:Jo~ SmJL ~ ~ ~ filed with this writ and by this reference incorporated herein. Real Estate Sergeant SZ:8 'V 8- :>30 ~661 '\f~~rif~sQ1Hq:' Jol~5~~~J .f 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 Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2006. 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 Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy SA L E #47 ~ 1ft ( ; / ;. 1':/1 ! \..-- ......................................~......... ................................................ Sworn to and subscribed beft me I,' NOTAR PUBLIC My commission expires June 6, 2006 '" CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 REAL ESTATE SALE No. 13 __ 205fi3. CIvIl Term Wachovla Bank, _anal Ass_,'Ih.I_for Pennsylvania Houslng FInance Agency Va Laura A. SWope """. Laura SWope AUy: Leon Haller DESCIljPllON ALL rnOSE TWO \,{.J l..'ERI'AIN lots of land situate in the Third W.ard of the Borough of CarlisI<, P<nnsylvania~ and described in _.a_~byDP. . -. _. ...- Sumoloe, _h9'is.1lI4.._: WfNoII: llEGlNNlNG at an iroI\ pill... dIa I!aot boiIdiu& line of Soulb Pitt S..... 97.4 feel Soutll of !be building line of West Willow Street, at oomer of land now. or formerly of Meals Estate; thence along land now or fulmerlyof said MOlIJ>F.<.... IlWIeberger and Roy Mintor, Soulb 83 <Icpts 41'E'.ast 11000 feet to a nail in concret\': on the ...., side of a !be (10) foot public alley; lbcoce aIoo8 the west side of said alley, South 6 degR:es 13' West -18.8 feet to an iron pin in the line llividing properties numbered 513 and 515 Soulb Pin SIreel; lbence along same and tbrougb lite center of a partition wall dividing properties mnnbered513 and 515 Soutll Pin SlIeet.Nortb 83 degrees 47'West llOOO feet to a point on the east building line of said Soulb Pin SlIeet;!bene< almtg same,Nort!l6deg1ees 13'East 18.8 feet to an iron pin.!beplace ofBBGINNING. HAVING lhereon erected a vinyl siding dwelling bouse known and _ as 513 Soorth Pin SlIeet.Carlisle.Pennsylvllllia. I.m NI>. 12: BEGINNING at an iron pin OIl the East side of lbe tell (10) foot public alley aOO" "'00_, ll383 feel SQUib of.;\< building line ofW", Willow Street. at oomet of land now or funnerly of Kline; lbence Soutll 8> degrees 47'illst 70D feel: to an iron pin a.~~'~ of land now or fonnerly of Meals FM>Ie; !be"" along ,ame, Soutll6degrees13'WestI5Dfeelroanironpin; lbencealongsame,North6degrees 13'Eas'15D feet to an ironpin,tbe p{a(:e of BEGINNING. BElNO TIlE SAME PREMISFS wiUcb CbOO M. Bangbman by deed _ 31l5iUZ and recaded 3119iUZ HI Cnnlbotland C<JUJJJy Il<<d Book 250. Page 4287, granted and CObveyed unto Laura A, Swope. TO BE SOLO as !be property of Lawa A. Swope aIkIa Laura Swope on Judgment No. 2005- 05346 TAXPARCELdll4-22-048Wl2 -~---~- I't< ,'01 PUBL:CATlON OF :"0 rICE UIVIBERL\ND LAW JOI Ri\AL (Undc'!" ,0, 5:n, app,,'ved May 16, ! <129 i, P. L. 1 784 STATE OF PENNSYL ",\' COUNTY OF CUIVIBEIU Lisa IVI" rie CO~'I\ c', State aforesaid, heing dlily s Journal, a legal periodictll'll was established Janllar'i ~ periodical for Ihe public"I", issued weekly in the said (' exactly the same as was p11: Journal on the Ic,lIowin~ ,LII' V1Z: J anuarv ,20, Affiant I'llriher dc'P"" Law JounlaL <l legal pcr:()di matter of the a Ic,resaid 1'( statements as to lime, ph'" i, \s. ire. ':dilol 'I' the CumberL::,d Law Journal, of the County and . ac("ordin~ io law, deposes "nd says that the Cumberland Law ,cd ili the 1~)I'(J\Jgh of Carlisi',' il: Ihe County and State aforesaid, 2, "Id lk',:nated by the I," tI courts as the official legal ,II k,~al nul. ',is, and has. SLice ,alluary 2, 1952, becn regularly '. and thai ',he printed nolle c, publication attached hereto is n tlic regli!":' editions and !;su,'s of (he said Cumberland Law ,:hru,lry 3, .'1 )06 ,It II,' IS a,'l ':lrizcd to veri t 111.\ statement by the Cumberland 'gcl!cral l ,'(,tlation, and tllill h,' is not interested in the subject 'I' ;:,lyer! 'ment, and tl",' ,,'I allegations in the foregoing laradcr OI'i\:Jblicatiol1 arc lrllC. ~,\ OR ~')1iw~,C: ,,:e ( 'yne, JC:ditor t S\ [,SCRIBED belc,rc me this ::d :'llarv. 2006 ~~~) i~,J/JUldRA<- I'\ntar\f REAL ESTATE SALE NO. 47 Writ No. 2005-5346 Civil Wachovia Bank, National Association, Tmstee for Pennsylvania Housing Finance Agency VS. Laura A. Swope a/k/a Laura Swope Atty.: Leon Haller ALL THOSE TWO (2) CERTAIN lots ofland situate in the Third Ward of the Borough of Carlisle. Pennsyl- vania, bounded and described in accordance with a survey prepared by D.P. Raffensperger Associates, Registered Surveyors, dated July 25, 1984. as follows: WT NO. # I: BEGINNING at an iron pin on the East building line of South Pitt Street, 97.4 feet South of the build- ing line of West Willow Street, at comer of land now or formerly of Meals Estate; thence along land now or formerly of said Meals Estate, Dunkleberger and Roy Minter. South 83 degrees 47' East 110.00 feet to a nail in concrete on the west side of a ten (IO) foot public alley; thence along the west side of said alley, South 6 de~rees 13' West 18.8 feet to an iron pin in the line dividing properties numbered 513 and 515 South Pitt Street; thence along same and through the center of a parti- tion wall dividing properties num- bered 513 and 515 South Pitt Street, North 83 degrees 47' West 110.00 feet to a point on the east building line of said South Pitt Street; thence alon~ same, North 6 degrees 13' East 18.8 feet to an iron pin, the Place of BEGINNING. HAVING thereon erected a vinyl siding dwelling house known and numbered as 513 South Pitt Street, Carlisle, Pennsylvania. LOT NO. # 2: BEGINNING at an iron pin on the East side of the ten (10) foot public alley above mentioned, 113.83 feet south of the building line of West Willow Street, at comer of land now or fonnerly of Kline; thence South 83 degrees 47' East 70.0 feet to an iron pin at corner of land now or formerly of Meals Estate; thence along same, South 6 degrees 13' West 15.0 feet to an iron pin; thence along same, North 6 de~rees 13' feet East 15.0 feet to an iron pin, the Place of BEGINNING. BEING THE SAME PREMISES WHICH Chad M. Baughman by deed dated 3/15/02 and recorded 3/19/ 02 in Cumberland County Deed Book 250, Page 4287, granted and conveyed unto Laura A. Swope. TO BE SOLD AS THE PROP- ERlY OF LAURA A. SWOPE A/KI A LAURA SWOPE ON JUDGMENT NO. 2005-05346. ASSESSMENT NO. 04-22-0483- 072.