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HomeMy WebLinkAbout01-5358 FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYL VANIA HOUSING FINANCE AGENCY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. CIVIL ACTION - LAW SUSAN M. HOETGER ACTION OF MORTGAGE FORECLOSURE Defendant 01- S'JSP COll ';-~ 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 "'<hm -"" '>OJ ",. """.. C._ w;, 00((" ~ "'-\ b, ~""'R . m.~ _. ""'00" "b, 00"",,, ..., '""R ;" m'"" "'ili .. -,~ '"'~~ 00 .bi...... ro ". _ ~ f""" .,..., '00 Y.. ~ woo'" .., (f '00 m" . .. '" ". ,~ -, ,ro,.., ._, '00 ...,. i"",,",., -, .. ro_ '''''ro, '00 b,.. Coort _" ,"'." ."'" f".,_~ "'~ ;" .. C...,".. .ff" 00,... d.... ".,.f re.,..", "' .. ,"_ Yoo _, ,.,. _,,, ,ro,..., "' "'''' .,"" important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA wYER AT ONCE. IF YOU DO NOT HA VE A LA WYER OR CANN", A"'''''ill ONE, GO TO OR m""HONE TIm OW,c, m CO"H ""-ow 'm _ OUT WJmR, YOO CAN GET LEGAL HELP, THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTlNGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. CUMBERLAND COUNTY LA WYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA TION 2 LIBERTY A VENUE CARLISLE, PA 17013 717-249-3]66 AVISO LE HAN DEMANDADO A USTED EN LA CORTE, SI DESEA DEFENDERSE CONTRA LAS QUEJAS ''''''''''AOM, '" AD''''''''AMENn NEen""",o Q<rn ''"ffiD "''''''DA Drumo 0' >0 mA, on""" D' """'VJno CON "TA O''',""A Y A ,",0, 'AM Dill,,,,,",,,,,,, """"'ARJO Q<rn """D. 0 '0 ADOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. " ""="'0," "<rnmD NO "'OND" "TA DeMANDA. " 'UEn, )>R0,,,,Ull< CON" """"0 "',"0 '''''TI''''A<10N, HNTONC", LA COU" ,,",0'. "',"om'CAR'O, 0'=" A M VOR 0" DeMANO","n Y REQUER<RA QU, U"HD CUMJ>LA CON TOD" '^' )>ROV"'ON" 0' "LA D'MANDA. ",. RAzON 0' 'M O'<1",ON. " eo"","" QU, O'UID 'O'OA )>)"0'" D<NERO. 'Re""'AD U OThO' D""CHO, <Me0"A"',,, LLEVE EST A DEMANDA A UN ABOGADO IMMEDIA 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 A VENUE CARLISLE, PA 17013 7]7-249-3166 FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYL VANIA HOUSING FINANCE AGENCY, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff vs. CIVIL ACTION LAW : ACTION OF MORTGAGE FORECLOSURE SUSAN M. HOETGER, 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 of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE Defendant 0(- ~3[;P C;oLL c t~ SUSAN M. HOETGER, COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, FIRST UNION NATIONAL BANK, 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 of21OI North Front Street, Harrisburg, Pennsylvania 17105. 2. Defendant, SUSAN M, HOETGER, is an adult individual, whose last known address is 414 NORTH PITT STREET, CARLISLE, PENNSYLVANIA 17013. 3. On or about, October 27, 1997, the said Defendant executed and delivered a Mortgage Note in the sum of$66,500.00 payable to MAIN LINE BANK D/B/A MAIN LINE FINANCIAL, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution ofthe 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 ofthe within County and Commonwealth in Mortgage Book 1413, Page 116 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to MELLON BANK, N.A., TRUSTEE and was recorded in the aforesaid County in Book 560, Page 879. The Mortgage was subsequently assigned to PENNSYLVANIA HOUSING FINANCE AGENCY and was recorded in the aforesaid County in Book 619, Page 46. The Mortgage was subsequently assigned to FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY and will be sent for recording. The Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 414 NORTH 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 November 01,2000 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $64,406.75 Interest at $12,70 per day From 10/01/2000 To 10/01/2001 ( based on contract rate of 7.100%) $4,635.50 Accumulated Late Charges $160.92 Late Charges $17.88 From 11/01/2000 to 10/01/2001 $214.55 Escrow Deficit $886.20 Attorney's Fee at 5% of Principal Balance TOTAL $3,220.34 $73,524.26 **Together with interest at the per diem rate noted above after October 01,2001 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgement has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention 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 of the 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. PIaintiffhas complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time limitations as set forth therein or has been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.100% ($12.70 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's S for foreclosure and sale of the property within described, PU E , KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D, # 15700 1719 N. Front Street Harrisburg, P A 17102 (717-234-4178) By: .I.--~, OS-j VA FIXED RATE NOTE 99116 10-6-0517292 NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT, Rosemont, Pennsylvania Date Property Address October 27th, 1997 414 NORTH PllT STREET CARLISLE PA 17013 1. BORROWER'S PROMISE TO PAY In return for a loan that J have received, I promise to pay U.S. $ 66500.00 SIXTY SIX THOUSAND F1VE HUNDRED Dollars and 00/100 cents (this amount is called "prmcipal"), plus interest, to the order of the Lender. The Lender is MaJq LIne Bank dba Main Line Financial a corporation orEanUed and existing under the laws of Pennsylvania I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder," 2. INTEREST JDlerest will be charged on unpaid principal until the full amount of the principal has been paid. I will pay interest at a yearly rate of SEVEN AND ONE-ONE HUNDREDTHS % 7.100 % The Interest rate required by this Section 2 is the rate I will pay both before and after any default dClcribcd 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 first day of each month beginnina on Decmtber Ist, 1997 I will make thCle 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 November 1st, 2027 I still owe amounts under this Note. I will pay those amounts in full on that date, which is called the "maturity dat(:". I will make my monthly payments at 1012 E. Lancaster Avenue, R05emont, PA 19010 or at a different place if required by the Note Holder, (B) Amount of Monthly Payments My monthly of payment will be U.S,$ 446.90 FOUR IRJNDRED FORTY SIX Dollars and 901100 cents 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any lime before they are dUe. A payment of principal only is known as a "prepayment". When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepaymeDl 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 cbanaes in the due date or in the amount of my monthly paymeDl unless the Note Holder agrees in writing 10 those changes. s. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted 10 thai the interest or other loan charges collected or 10 be collected in connection with this loan exceed the permiaed limits, then: (i) any suc:h loan charae shall be reduced by the amount necessary to reduce the charge to the pcnnitted limit: and (ii) any sums already collected from me which exceeded pennitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the prmcipal I owe under this Note or by makina a direct payment to me, If a refund reducCl principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holders has not received the full amount of any monthly payment by the end of the fifteen (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 four percent (4%) of my overdue monthly installment, which included principal, interest, taxes, and insurance. I will pay this late charge promptly by only once on each late payment. (B) Default If I do not pay the full amount of each monthly p~yment 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 tellina me that if I do nol 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 J owe on that amount, That date must be at least 30 days after the date on which the notice is delive,red or mailed 10 me. (D) No Waiver by Note Holder Even if, at a time when I am in default, the Note Holder does nOI require me to pay immediately in full as descnbcd above. the Note Holder will still have the right to do so if I am in defaull al a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above. the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent nOI prohibited by applicable law. Those expenses included, fur example, reasonable anorney's fees. VA MULTISTATE FIXED RATE NOTE P~lof 2 e xhlb1r 'A' JJ 7. GIVING OF NOTICES Unless applicable law requires a different method. an)' notice thai must be given: to me lmdcr dais Note will be given by deJivering it or by mailing il by firsl class mail 10 me at the Property Address above or at a different address if I live the Note Holder a notice of my different address, Any notice that musl be aiven to the Note Holder under this Note will be given by mailina: it by first class mail [0 the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a norice of that different address. 8, OBLIGATIONS OF PERSONS UNDER TIDS NOTE If more than onc person signs. this NOle. each person is fully and personally obligated to keep all of the promises made in this Note. including the promise to pay the full amount owed. Any person who is a guarantor, surety or endOrser of Ibis Note is also obligated Kl do these things. Any person who takes over these obligations. including the obligations of I guarantor, sure1y or endorser of this Note, is also obligated to keep all of the promises made in this NOle, The Note Holder may enforce its rights under this NOle against each person individually or against all of us together. This means that anyone of you may me 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 the rights to presentmcm 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 10 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 uniform instrument with limited variations in some jurisdictions. Ira addition to the protections given to the Note Holder under this NOle, a Mortgage, Deed of Trust or Security Deed (the "Security IrastJUment-), dated the same date as this NOle, prolCCts the NOle 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 immediale payment in full of all amounts I Owe under this Note. Some of those conditions are described as follows: Regulations (38 C.P.R.. Pan 36) issued under the Department of Veterans Affair (-V.A. -) Guaranteed Loan Authority (38 U.S.C, Chaplcr 37) and in effect on the date of the loan closing shall govern the rights, duties and liabilities of the panics to this loan and any provisions of this NOle which are inconsistent with such regulations are hereby amended and supplemented to conform thereto. WITNESs THE HAND(S) and SEAL(S) OF THE UNDERSIGNED PAY WITHOUT RECOURSE, TO THE MELLON BANK. N.A. AS SUCCESSOR TRUSTEE UNoER A TRUST INDENTURE OF THE PENNSYLVANIA HOUSING FINANCE AG7NCY OATEDAPF APRIL 1, 1982. , ,{- IN LINE BANK db. AIN LINE NANCIAL GERALDINE M. FEENY, ASSr. VIC PRESIDENT ~~~\\.\NI )~~l. SUSAN M. HOE VA MULTISTATE FIXED RATE NOTE PAGE20F2 , AL1. THAT CERTAIN lCl': of groUAd with the improvements thereon ~r~c~ed'Bituate in the Fifth Ward of the Borough of Carlisle, Cumberland County, P$nnsylv~ia, bounded and described as follows, to witl CA the North by lands formarly of rda E. Gelslng~r and now or formerly of George Link; on the East by 60 feet wide North Pitt Ec~eat; on the South by lands formerly of Guy Soyd and later V8lv~ Z. Lamason and now or formarly Of Nozman Chronister; and on tha West by an alley. TH~ ABOVE desoribed tract of land oontains 24 feet in frOnt along tha western line of 60-feet wide North Pitt Strest and extenda westwardly therefrom at an even width a distance of 160 feet. more or less, to the alley aforesaid, and has thereon erected a 2 1/a story frame dwelling house and other improvements known as aud numbered 414 No~th Pitt Street, . c.o -..: = ~ -. '!:.' c:: r;: ~"~.: -~. c; ::n ::3 a> C'" C. r-J o ~l' .-- c: CJ c.-j ZI'l, -1 n~ ;~, -..c: c:: -~, , (}'1 ~'- .~ "...... > ~hjbit "13" ,:!'~_::.':J:~.. f :. f',... -"".......~', '. , . '.-<~~~:.... r: ~ 'c ~--;j " '~. , 'L;: r ,I \ . .,r;...'j. :/ '~ ,.;:'~<- ~~~.f:"',': .~ '," - 'll':' ',~ " 't',,\ ;', ',: "I ";--:- " t~ ,') ..~ . { -;: ~J~ State of Pennsylvania } ~;:',,/.r:''''''~'~:, . County of Cumberland 86 I, ~'..~r,/, ,. Recorded in the office for the recordin1rofDeoedS',. "c2 in.a,\'d for cumbe,rland County, P~." :~~BoOk51l.<:> Va! =- Page u.21 ':" '''''RSS ~,~, '~;~(;~-~~~~:~~~1?''kl- ' :'~l'_' '~'!:L~~-==-~ Ro::;:r,rr~;H flt1nx .'1RO PM,> .'-1"'0 VERlFICA TION Donald J. Plunkett hereby states that he is the Assistant Executive Director for Single Family Programs 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. ~fLke1A Donald J. Plunkett Assistant Executive Director for Single Family Programs IDN3YL\D\NIA filEll\G F.IN\N:E l'GN::Y, iXRv'ICIN} l'GNI' RR FIR3T lNKN mrn::N\L B'\N( l>S ~ I I ~,..... }{ 1RBlIE RR TIJE IDN3YL\D\NIA filEll\G F.IN\N:E !'GNJd Date:&elj,.elllec 10, 2001 7J n fl'l , w ~ "Q a ~ -t: ~ ~f1)D ~. . 9&a ~~ ~Jf ~ ~Ij r"'~ ,Jfc; j;: ~i~' -I -< o ~ C:~l , :-;,~,~ ~-- iJ; F!~ ;-'") <;-.;~ () .-:-/ :~);,'i): Q ---j :2 V) ~:) (j f:;; :::, ::-f '0 ~ -< <'! ;:: c.. c~7 l:: ~~'? .,-c _,_ ..-~ ~2: -.......... c."_ ,-_-~ :;1 "-J :',r;;. -- ,:':2: 0__ C._ ',,,!'U ~~,~ [~ ~ ~~ ~~ ~ I I ~ ~ ~~ P< ~ 1.1 ~ 0 ~ ~ ~ ; '" ::; I~ ~~. ~, ') "- " u ~~~~' ; ", " ~ 7 ;;; n > jn I . - " " ~t~~ :i ~ ~ J ,ft FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 2001 5358 SUSAN M. HOETGER, DEFENDANT IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendants SUSAN M. HOETGER for failure to plead to the '7" above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid principal balance Interest (Per diem of $12.70 from 10/1/00 to 10/1/01) Accumulated late charges Late charges ($17.88 per month to 10/01) Escrow Deficit 5% Attorney's Commission $64,406.75 $ 4,635.50 $ 160.92 $ 214.55 $ 886.20 $ 3.220.34 TOTAL $73,524.26** ** Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG & HA~ -7 By ~/ Leon P. Haller PA I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 K:\MKF\DOCS\CUMBERLA\HOE.P FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 2001 5358 SUSAN M. HOETGER, DEFENDANT IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA, R,C.P. 237,1 I hereby certify that on NOVEMBER 29, 2001 I served the Ten Day Notice required by Pa. R.C.P. 237.1 on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. BY~ Leon P. Haller PA I.D. #15700 Attorney for Plaintiff purcell, Krug & Haller 1719 North Front St. Harrisburg, PA 17102 , , : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff : NO. 01-5358 CIVIL TERM VS. SUSAN M. HOETGER Defendant : CIVIL ACTION LAW : IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: November 29, 2001 TO: SUSAN M. HOETGER 414 NORTH PITT STREET CARLISLE, PA 17013 TffiS 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 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 IMPORTANT RIGHTS, YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PA 17013 PURCELL, KRUG & HALLER By L . HALLER, Attorney for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 I FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS, NO. 2001 5358 SUSAN M. HOETGER, DEFENDANT IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS: You following captioned are hereby notified that judgment has been entered matter: on ~Q.l"w/'...u /.:2 02{)(J! the against you in the above- $73,524.26 and for the sale and foreclosure of your property located at: 414 North Pitt Street, Carlisle, PA 17013 Dated: ~,,,.... J..... I;), !l6t)/ (!,.. ri ~ /!. E"" 1: ~..) PROTHONO AR Attorney for Plaintiff: Leon P. Haller 1719 North Front Street Harrisburg, PA 17102 phone: (717) 234-4178 I hereby certify that the following person(s) and their respective addresses are the proper individuals to receive this Notice pursuant to PA R.C.P. No. 236: Susan M. Hoetger 414 North Pitt Street carlisle. PA 17013 L~\MKF\OOCS\CUMBERLA.\HOE,N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2001 5358 FIRST UNION NATIONAL BANK TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. SUSAN M. HOETGER, DEFENDANT(S) TOTAL AMOUNT OF JUDGMENT $73,524.26 vi Interest at $12.70 per diem to sale date $ 1,968.50 Late charges at $17.88 per month to sale date $ 71.52 Escrow Deficit $ 2,000,00 TOTAL $77,564.28* *SALE DATE: WEDS.,MARCH 6, 2002 (PROTHONOTARY'S USE) Plaintiff Attorney Sheriff This Writ PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P,R.C.P. 3180-3183 TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in Date: December 10, 2001 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 the above captioned case. ~ PA I.D. #15700 COMMONWEALTH OF PENNSYLVANIA WRIT OF EXECUTION - MORTGAGE FORECLOSURE COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: SS 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 414 NORTH PITT STREET, CARLISLE, PENNSYLVANIA, Date: CIVIL DIVISION K:\MKFIDOCS\CUMBERlA\HOE,W PROTHONOTARY/CLERK BY DEPUTY I () a (J c ..11 5:: 0 I ""00,,' :-'1 n-jrTL (".) Z:T,' Zt. en.,':, ['0 -<." !::C'~ ~ '" ...- C-,-' ~....i',. ~C) r...'" PC: z =< (..:> . , ALL THAT CERTAIN tract of land, togetherwilh the improvements thereon erected, situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by lands formerly of Ida E, Gelsinger and now or formerly of George Link; on the East by 60-feet wide North Pill Street; on the South by lands formerly of Guy Boyd and later Valva S. Lamason and now or formerly of Norman Chronister; and on the West by an alley. TH E ABOVE described tract of land contains 24 feet in front along the western line of 60- feet wide North Pill Street and extends westwardly therefrom at an even width a distance of 160 feet, more or less, to the alley aforesaid, and has thereon erected a 2 1/2 story frame dwelling house and other improvements. BEING known as 414 North Pill Street, Carlisle, Pennsylvania, 17013. BEING THE SAME PREMISES WHICH Dennis L. Husler and Consolacion Husler by deed dated 10/27/97 and recorded in Cumberland County Deed book 166 Page 931 granted and conveyed unto Susan M. Hoetger. TO BE SOLD AS THE PROPERTY OF SUSAN M. HOETGER ON JUDGMENT NO. 2001 5358, PARCEL: 06-02-1798-267 "C: .~ ~ r~ ft p, '" '- \.> 0 <:: IN ~ ::::::: ~ ...... .w ,,,,, >\ :- -cii\ -0 ;,~ ~~~ ~ f . ~ ~ ~ d -...c. u. ;:f ~ g 0 r.:;l ~:.. I:':':) :",1 V b:',r 1'1 mr'. l)- ?i;TJ (/'J,,- f'0 -<:.,,:- !.~C'; :E 5:() -.bo. ~(l "... ~_.', PC::: '.';' " "7 :::;,~ =J :D -< .::- -< FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 2001 5358 SUSAN M. HOETGER, DEFENDANT IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P, 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 414 NORTH PITT STREET, CARLISLE, PENNSYVLANIA 17013: 1, Name and address of the Owner(s) or Reputed Owner(s): Susan M. Hoetger 414 North Pitt Street Carlisle, PA 17013 2. Name and address of Defendant (s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 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. interest sale: Name and address of every other person who has any record in the property and whose interest may be affected by the 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: TENANTS IF ANY... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating t unsworn falsification to authorities. Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: December 10, 2001 () 0 ,.._, ,-,.J c: , ) ~:': (-:l -u ell 1"'1 no rT'1 n -, ::c '"rl Z r .-1 en ;~ ~ f'o) -<,' ~~: ~'O -""'"" r:~ '-' " z 1? ~ - -. FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 2001 5358 SUSAN M. HOETGER, DEFENDANT IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, MARCH 6, 2002 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor 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: 414 NORTH PITT STREET CARLISLE CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2001 5358 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property ~.s: SUSAN M. HOETGER 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 .':heriff of this County thirty (30) days after the sale and diE:tribution 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. S Irvine Row Carlisle, PA 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 ilCjainst 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 llsed 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 Gbtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition t:o the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 , ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by lands formerly of Ida E. Gelsinger and now or formerly of George Link; on the East by 60-feet wide North Pitt Street; on the South by lands formerly of Guy Boyd and later Velva S, Lamason and now or formerly of Norman Chronister; and on the West by an alley. THE ABOVE described tract of land contains 24 feet in front along the western line of 60- feet wide North Pitt Street and extends westwardly therefrom at an even width a distance of 160 feet, more or less, to the alley aforesaid, and has thereon erected a 2 1/2 slory frame dwelling house and other improvements. BEING known as 414 North Pitt Street, Carlisle, Pennsylvania, 17013, BEING THE SAME PREMISES WHICH Dennis L. Husler and Consolacion Husler by deed dated 10/27/97 and recorded in Cumberland County Deed book 166 Page 931 granted and conveyed unto Susan M. Hoetger. TO BE SOLD AS THE PROPERTY OF SUSAN M. HOETGER ON JUDGMENT NO. 2001 5358, PARCEL: 06-02-1798-267 () C::l (.:1 c: , , ~.: Cj ,J CD ,........ m I ;, ~'~ 2: ::,r:: ~ /.~ I. UJ)'-, f") -<....::- !:; c~r ::? "i>C) ~CI f'''' PC: :~j 2: -"-; =< ...- ::0 ~, ST ATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND t SS. Robert P Ziegler I, _________ ____ ___ __ _______~__ ____________ ___________ ____ -_ __ --____ ------ ----- -- Recorder of Deed, in and for ,aid County and State do hereby certify that the Sherif!', Deed in which u______________ Veterans Affairs Secretary . _____________________ _____ _ _ _______ __________ ___ ________ _______ _____ _____________ __ _ IS the grantee 6th the same having been sold to said grantee on the _______________________________________________ day of March __u__________u_________u_u__________ A. D.,Jt!!j_~_Q.Q~__, under and by virtue of a wriL___u________ execution . 12th __________________ _______________________ _______lssued on the _ __ ______________________ -- -- -- ------- Decel'l}ber l<Xx200l . day of __..______________________ A. D., l~L_____" out of the Court of Comman Pleas of ,aId County a, of civil __n________________n_________________________ _________________u_____n_______ Term, ft2fiOL_ Number ___?_3_~~______, at the ,uit of J~~!_r._!1.:'.i_'2~_~_~~!_.!l_~L!_~_!~E_~~__H.<.?\l~_i_,.!gJ_~[j_i'Jl.~[j~.L . Susan M Hoetger _ __ _ _ _ __ _ __ __ _ _ _ __ __ _ _ _ _ _ _ _ _ _ __ _ _ _ _ agalnst_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ ____ __ _ _ _ _ _ _ _ _ __ __ - _ _ _ _ _ _ is. duly recorded in Sheriff', Deed Book No. __~?_~___n_, Page ---~~~?-----. IN TESTIMONY WHEREOF, I have hereunto cd- ,et my hand and seal of ,aid office this dZ______ day of ---A--- -----mw;;{ t(f-.2~Q2 _ki_]JtW'a#-.;;n;;;,. ......... _. eo.-.rCDultr, CIIIIIt, "" .., 0..,..' I -... 1M FIrI& MDnIIIr"........ ...... I First Union National Bank, Trustee for Pennsylvania Housing Finance Agency VS Susan M. Hoetger In The Court of Common Pleas of Cumberland County, Pennsylvania /ie C>/' .:) 3 5' f C{.<;,rr;~ Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 18, 2001 at 8:49 o'clock pm, EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Susan M. Hoetger, by making known unto Susan Hoetger personally, at 414 North 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. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on January 07,2002 at 4:22 o'clock P,M., E.S,T., he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Susan M. Hoetger located at 414 North Pitt Street, Carlisle, Pennsylvania, according to law, R. Thomas Kline, Sheriff, who being duly sworn according to law says 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 one ofthe within named defendants to wit: Susan M. Hoetger, by regular mail to her last known address of 414 North Pitt Street, Carlisle, P A 17013. This letter was mailed nnder the date ofJanuary 23,2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on March 6, 2002 at 10:00 o'clock A.M., EST. He sold the same for the sum of$I.OO to Attorney Leon p, Haller for The Secretary of Veterans Affairs of Washington, D,C., his successors and/or assigns. It being highest bid and best price received for the same The Secretary of Veterans Affairs of Washington, D.C., his successors and/or assigns of Wissahickon Avenue and Manheim Street, P.O. Box 8079, Philadelphia, PA 19101, being the buyer in this execution paid SheriffR. Thomas Kline the sum of$712.40, it being costs. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage 30.00 13.97 15.00 15.00 30,00 10.00 .50 1.00 6.50 ,. Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed .,.. 1.63 15.00 20.00 265.40 212.70 24.20 25.00 26.50 $712.40 paid 3/18/02 ?~~~<~ R. Thomas Kline, Sheriff Sworn and subscribed to before me This if~ day of ~ ~, l 2002, A.D.l,.:::'r" < C hu,l,. ~ ~< , Prothonotary ByJ~d'-( j~~(c, Real Estate Deputy ("J'-' ~ 3V eye! J,~~ I:.k... 3)'1Q; Ij~~' /;1 j'703' '. T'IRST UNION NATIONAL BANK, TRW;TEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 2 001 5358 ,r-::::\N- Jv1. HOETGER, DEFENDANT IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P,R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the ! '-,-11 property located at 414 NORTH PITT STREET, CARLISLE, PE]~TSYVLANIA 17013: Name and address of the Owner(s) or Reputed Owner(s) Susan M. Hoetger 414 North Pitt Street Carli,sle, PA 17013 Name and address of Defendant (s) in the Judgment, if !,' I.e-"ent from that listed in (1) above: SAME Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: -! Name and address of last recorded holder of every mortgage rec'ord: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW) Name and address of every other person who has any record lien on the property: UNKNOWN C0dme and address of every other person who has any record interest in the property and whose interest may be affected by the ,-,:,--: Le UNKNOWN Name and address of every other person of whom the r :.,-~Li.r-;.tiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY ... ;-ic:.mCi3tlc Eelations Office 'l1:nberland County Courthouse danovcr & High Streets Carli,sle, PA 17013 (In the preceding information, where addresses could not be 'J;a,'conably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and ":orrect to the best of my personal knowledge, information and ';('] ,,c. I understand that false statements herein are made subj ect the penalties of 18 PA C.S. Section 4904 relating unsworn a161fication to authorities. Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 iT D2cember 10, 2001 FTF~,"T UNION NATIONAL BANK, 'ITJJSTEE FOR PENNSYLVANIA i[U[J,rINC FINANCE AGENCY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 2001 5358 T,"hN)\1 HOETGER, DEFENDANT IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: "hat the Sheriff's Sale of Real Property (real estate) will be bc':lci : DATE: WEDNESDAY, MARCH 6, 2002 TIME: 10:00 O'clock A.M. iDeATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal de'C3criot ion mainly consisting of a statement of the measured houndaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. 'BE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 414 NORTH PITT STREET CARLISLE CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being ld is docketed in the within Commonwealth and County to: NO, 2001 5358 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property SUSAN M. HOETGER A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or 'luvernmental or corporate entities or agencies being entitled to 1. ceive 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 :1 citE of this County thirty (30) days after the sale and . :,,",but, 1 on of the proceeds of sale in accordance with this ',,:'-Lle will, in fact, be made unless someone objects by filing 0xceptlons to it within ten (10) days of the date it is filed. i'nformation about the Schedule of Distribution may be obtained 110m t'he Sheriff of the Court of Common Pleas of the within County r- 11'0 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 HEr,D, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. Iou may have legal rights to prevent your property from being lken away. A lawyer can advise you more specifically of these (". I f you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR cELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET PREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania l7013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a petition with the Court of Common Pleas of 'he ',veLr-hin County to open the judgment if you have a meritorious !.,tense a.]ainst: the person or company that has entered judgment 'i 111::'( you. You may also file an petition with the same Court if ,\1 dIU aware of a legal defect in the obligation or the procedure ~:_~cd (~lqainstyou. After the Sheriff's Sale you may file a petition with the liT .ct Common Pleas of the wi thin County to set aside the sale "r e grossly inadequate price or for other proper cause. This I '. ltion MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. A petition or petitions raising the legal issues or rights IWent ioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be rred on the attorney for the creditor or on the creditor before ,'I, ::d]Lation to the court and a proposed order or rule must be ~clled t~o the petition. E a specific return date is desired, such date must be tiJ1I;,,,d tram the Court Administrator's Office - Civil Division, of ri,e IN]. thin County Courthouse, before a presentation of the petition t11f':'_' C~Otlrt. copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 '. '" ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by lands formerly of Ida E. Gelsinger and now or formerly of George Link; on the East by 50-feet wide North Pitt Street; on the South by tands formerly of Guy Boyd and later Velva S, Lamason and now or formerly of Norman Chronister; and on the West by an alley. THE ABOVE described tract of land contains 24 feet in front along the western line of 60- feet wide North Pitt Street and extends westwardly therefrom at an even width a distance of 160 feel, more or less, to the alley aforesaid, and has thereon erected a 2 112 story frame dwelling house and other improvements. BEING known as 414 North Pitt Street, Carlisle, Pennsylvania, 17013. ,!":<,ET}jC THE S;\i'lE PREMISES WHICH Dennis L. Husler and Consolacion deed dated 10/27/97 and recorded in Cumberland County 166 Page 931 granted and conveyed unto Susan M. Hoetger. T-I~jGle] by ,. ;,-,-,':~d Loole TD EE :':OLD AS THE PROPERTY OF SUSAN M. HOETGER ON JUDGMENT NO. 2 iJ 0 1 5358. Pl\RCEL: 06-02-1798-267 COMMONWEALTH OF PFNNSYL VANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF Cumberland To satisfy the debt, interest and costs due NO. 01-')158 CIVILltil Term CIVIL ACTION - LAW .. WRIT OF EXECUTION and/or ATTACHMENT COUNTY First Union National Bank trustee for Pennsylvania Housinq Finance Aqency from Susan M. Hoetqer: 414 North Pitt Street. Carlisle. PA 17013 PLAINTIFF(S) DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell ** See attached legal description (2) You are also directed to attach the property of the detendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to nomy the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s} and from delivering any property ot 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 himlherthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $73.524.26 at $12.70 per diem to 3-6-02 Interest $1. q(;R 'i0 Atty's Comm % Atty Paid $103.25 Plaintift Paid L.L <:.50 Due Prothy $1 00 Other Costs Late charqes at $17.88 per month Tn ~~lp n~tp 571.52 Escrow Deficit $2.000.00 Date: December 12. 2001 Curtis R. by: REQUESTING PARTY: Name Leon P. Haller. Esquire Address: 1719 North Front Street Ha=isburg. PA 17102 Attorney for: P] ai nti ff Telephone (717) 234-4178 Supreme Court ID No 15700 REAL ESTATE SALE No. 00 On December 13,2001, the sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, P A, known and numbered as 414 North Pitt Street, Carlisle and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 13,2001 By: QocLujvyu.J::~ ieal E~tate Deputy '" ""i ~ 'I ) (' r) 'J 'J d \' ! n'!, ,,' ,l ."'l.:I \ \0. Hd L2 S ZI 330 )'lNj;~~ 'J.ir<:no ,/.:lllJ3HS ] iI; JU ,.i~i;ljO s &:;:;:jJ CViJ C::-:I em GiiiJ ". , \. 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 Asst. Controiler 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 Sundav 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 ail 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 daiiy and/or Sunday/ Metro editions which appeared on the 29th day(s) of January and the 5th and 12th day(s) of February 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that ail of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowiedge 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 severaily 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 Misceilaneous Book "M", Volume 14, Page 317. Notarial Seal " J Teny L. Russ(tll, Notary Publk: Harrisburg, Dauphin County My CornrIMsslon ExplteS June 6. 200t Member, Pennsylvania Association of Notaries uary 2002 A.D. PUBLICATION COPY SALE#60 Sworn to and subscribe commission expires June 6, 2002 CUMBERLAND COUNlY SHERIFFS OFFICE CUMBERlAND COUNlY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 211.20 1.50 212.70 Publisher's Receipt for Advertising Gost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duiy paid. By.......".,.........,........".,.,.,.,...,.,......,................ REAL ESTATlSALE No. eo Writ No. 2001.5358 CIv/ITInn Firat Union Natlonllllllnk, llu"," for Pennsylvanll Hauling F1nanca Agency VI SuI8ll M, HoeIge' Ally: loon p, Hlllar DESCRIPTION ALL THAT CERTAIN tract of land, together with the improvements thereon ertCted, situate in the Firth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by lands fonnedy of Ida E, Geisinger and now or fonnerly of George Link; on the East by 60- feet wide North Pitt Street; on the South by lands formerly o( Guy Boyd and later Velva S. Lamason and now or formerly of Nonnan Chronister; and OR the West by an alley. TIlE ABOVE described tract of land contains 24 feet in front along the western line of 6O-feel wide North Pitt Strtet and ext.end8 westwardly therefrom at an even width a distance of 160 feet, more or less, to the alley aforesaid, and has thereon erected a 2 1/2 story frame dwelling house and other imJH!>vements. BEING known as 414 North Pitt sWet, Carlisle, Pennsylvania 17013- BEING TIlE SAME PREMISES wmCH Dennis, L. Huster an~. Consolacion Husler by deed dated 10127197 and recorded in Cumberland County Deed book 166 Page 931 granted and conveyed unto Susan M. Roetger. TO BE SOLD AS TIlE PROPEIm' OF SUSAN M. HOErGER ON JUDGMENT NO, 2OO1535S. PARCEL: 06-02-179g.~7, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. 1.1784 STATEOFPENNSYLVANIA : ss, COUNTY OF CUMBERLAND : Roger M, Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, V1Z: JANUARY 25, FEBRUARY 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. p>>U/\. Roger M. Morgenthal, Editor ----- SWORN TO AND SUBSCRIBED before me this 8 day of FEBRUARY, 2002 ~~ ~ ,/ /: >1/'1," ~"'- ._= NOTAR LOIS E. SNYDER, NoIaty PublIc CarI!sIe Bolo, Cumberland County My Coir.11ls1lIon Expires March 5. 2005 - .~/l......./ REAL ESTATE SALE NO. 60 Writ No. 2001-5358 CiVil First Union National Bank. Trustee for Pennsylvania Housing Finance Agency VS, Susan M. Hoctger Atty.: Leon P. Haller ALL THAT CERTAIN tract of land, together wi th the improvements thereon erected. situate in the Fifth Ward of the Borough of Carlisle, Cwnberland County, Pennsylvania. bounded and described as follows: ON the North by lands formerly of Ida E. Gelsinger and now or for- ruedy of George Link; on the East by 6D-feet wide North Pitt Street: on the South by lands formerly of Guy Boyd and later Velva S. Lamason and now or formerly of Norman Chronister: and on the West by an alley. THE ABOVE described tract of land contains 24 feet in front along the western line of 60-feet wide North Pitt Street and extends west~ wardly therefrom at an even width a distance of 160 feet. morc or less. to the alley aforesaid, and has there- on erected a 2 1/2 story frame dwell- ing house and other improvements. BEING known as 414 North Pitt Street. Carlisle, Pennsylvania. 17013. BEING THE SAME PREMISES WHICH Dennis L. Husler and Con- solacion Husler by deed dated 101 27/97 and recorded in Cumberland County Deed book 166 Page 931 granted and conveyed unto Susan M. Hoetger. TO BE SOLD AS THE PROP- ERlY OF SUSAN M, HOETGER ON JUDGMENT NO. 2001 5358. PARCEL: 06-02,1798-267. HS ~S' FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW SUSAN M. HOETGER, DEFENDANT NO. 2001 5358 IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on 1- If) _ell::2.. ,a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P, 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail. Service addresses are as follows: Susan M. Hoetger 414 North Pitt Street Carlisle, PA 17013 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 By PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ~ , JOHN W, PURCELL HOWARD g. KRUG LEON 1'. HA LLER .lOHN W. PURCELL JR BRIAN .1. TYLER JJLL M. WINEKA LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRlSBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FORECLOSURE DEPf. FAX (717) 234-1206 JOSEPH NISSLEY (1910-1982) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD (717) 533-3636 NOTICE TO: Susan M. Hoetger 414 North Pitt Street Carlisle, PA 17013 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the Judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold real estate will be divested by the sale and that opportunity to protect your interest, if any, b said Sheriff's Sale. against the said y have an notified of Leon P. Haller P I.D.15700 Attorney for Plainti By: FIRST UNION NATIONAL BANK, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW SUSAN M. HOETGER, DEFENDANT NO. 2001 5358 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, MARCH 6, 2002 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor 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: 414 NORTH PITT STREET CARLISLE CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 200l 5358 lS: THE NAME(S} OF THE OWNER(S) OR REPUTED OWNERS of this property SUSAN M. HOETGER A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to recei ve 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, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 '. , ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by lands formerly of Ida E. Gelsinger and now or formerly of George Link; on the East by 60-feet wide North Pitt Street; on the South by lands formerly of Guy Boyd and later Velva S. Lamason and now or formerly of Norman Chronister; and on the West by an alley. TH E ABOVE described tract of land contains 24 feet in front along the western line of 60- feet wide North Pitt Street and extends westwardly therefrom at an even width a distance of 160 feet, more or less, to the alley aforesaid, and has thereon erected a 2 1/2 story frame dwelling house and other improvements. BEING known as 414 North Pitt Street, Carlisle, Pennsylvania, 17013. BEING THE SAME PREMISES WHICH Dennis L. Husler and Consolacion Husler by deed dated 10/27/97 and recorded in Cumberland County Deed book 166 Page 931 granted and conveyed unto Susan M. Hoetger. TO BE SOLD AS THE PROPERTY OF SUSAN M. HOETGER ON JUDGMENT NO. 2001 5358. PARCEL: 06-02-1798-267 CUMBERLAND SALES 3/6/02 PHFA VS. HOETGER . U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Susan M. Hoetger 414 North Pitt Street Carlisle, PA 17013 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 LJ c> (<') 8:; ~ n~ '- Z 0<( C)~ .;; if) ~4 u....e:- ~ULU LOO_ S ",5 o r- ,d 0:> ,'oJ c::~ u,.; u_ ,~'~l ,':,~:J .