Loading...
HomeMy WebLinkAbout06-1992 Leon P. Haller, Esquire Purcell, Krug & Haner 1719 North Front Street Harrisburg, P A 17102 717 .234.4178 mtg@pkh.com W ACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYL VANIA HOUSING FINANCE AGENCY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE Defendant 0(., - ;q9~ Cu:L Iffl-~ BARBARA H. CROWELL 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 ASSOCIA nON 2 LIBERTY A VENUE CARLISLE, PA 17013 717-249-3166 A VISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRECON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA CO UTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBlE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. lLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO. LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 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. BARBARA H. CROWELL Defendant THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 US.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, P A 171 02 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff ACTION OF MORTGAGE FORECLOSURE vs. uL, -lcrY':/.- C-IL>tl ~~ BARBARA H. CROWELL 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, BARBARA H. CROWELL, is an adult individual whose last known address is 40 WEST SIMPSON STREET, MECHANICSBURG, PENNSYLVANIA 17055. 3. On or about, April 27, 2001, the said Defendant executed and delivered a Mortgage Note in the sum of $92,162.00 payable to NATIONAL CITY MORTGAGE CO., 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 ofthe 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 1699, Page 1061 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 673, Page 916. The Mortgage was subsequently assigned to W ACHOVIA 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: 40 WEST SIMPSON STREET, MECHANICSBURG, PENNSYLV ANIA 17055 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 December 01,2005 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $86,420.24 Interest at $14.40 per day From 11/01/2005 To 05/0112006 (based on contract rate of 6.0000%) $2,606.40 Accumulated Late Charges $37.10 Late Charges $22.10 From 12/01/2005 to 05/01/2006 $132.60 Escrow Balance $1,062.42 Attorney's Fee at 5% of Principal Balance $4,321.0 I TOTAL $94,579.77 **Together with interest at the per diem rate noted above after May 01,2006 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 ofa 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 a 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. II. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. 12. Prior to the commencement of this foreclosure action, the Plaintiff sent to the Defendant written notice dated February 7,2006, notifying them of the fact of default, amount needed to cure the delinquency and that iftheir account was not timely reinstated, a foreclosure action would be filed. A copy of the February 7, 2006 notices 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 6.0000% ($14.40 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriffs Sa d for foreclosure and sale of the property within described. By: PURCELL, HALLER Leon P. Hal , squire Attorney for Plaintiff LD. # 15700 1719 N. Front Street Harrisburg, P A 17102 (717-234-4178) 0000307952 Multistate NOTE FHA Case No. 411-6523076- 703 April 27, 2001 IDale] 40 W SIMPSON ST, MECHANICSBURG, Pennsylvania 17055 [Property Address] CERTIFIEO TO BE A TRUE COpy OF THE ORIGINAL f\ - c !~ ., \t c' {'I, If, 1. PARTIES ! I l~ ~ ,r, tJC~ "Borrower" means each person signing at the end of this Note, and the person's successors d assigns! '~nder'feans <I National City Mortgage Co. \i and its successors and assigns, 2. BORROWER'S PROMISE TO PA Yj INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of NINETY TWO THOUSAND ONE HUNDRED SIXTY TWO & 00/100 Dollars (U.S. $ 92,162.00 ), plus interest, 10 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 SIX percent ( 6.000 'Yo) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise 10 pay is secured by a mongage, 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 10 Lender on the rust day of each month beginning on June 1 2001 . Any principal and interest remaining on the rust day of May 2 031 ,will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at National City Mortgage Co., P.O. Box 856020, Louisville, KY 40285-6020 or at such place as Lender may designate in writing by notice 10 Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 552.56 . This amount will be pan of a larger monthly payment required by the Security Instrument, that shall be applied 10 principal, interes! 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 IOgether with this Note, the covenants of the allonge shall be incorporated inlO and shall amend and supplement the covenants of this Note as if the allonge were a pan of this Note. [Check applicable box] o Graduated Payment Allonge o Growing Equity Allonge o Other [specify] 5. BORROWER'S RIGHT TO PREPAY Borrower has the right 10 pay the debt evidenced by this Note, in whole or in pan, 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 10 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 10 those changes. . . FHA Multistate Fl:xed Rate NotE-. 10/9: ::. .: : .::';~,,",", ","' . '""'" ,:~:: BlI t 1II1~1111~llImllll~lmlllll ----".~. . " 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security InslTUmenl, 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 . 00 %) of the overdue amount of each payment. (B) Default If Borrower defaults by fai1ing 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 permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary aaomeys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presenunent and notice of dishonor. "Presenunent" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by frrst class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by frrst 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. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Anyone 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. AruJtdJIIL ()j, & fill /I /I BARBARA H CROWELL (Seal) (Seal) .Borrower -Borrower (Seal) ~BP1Tower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) (Seal) .Borrower PAY TO THE ORDER OF -Borrow" PE~~SYLVftJlIA HOUSING FINANCE AGENCY lHTHOUT RECOURSE P"""'NA1~O~.~.p;r~OR G GE CO ~V~ SHEI. )( HANSFlh . VICE P .~(J)finJJ; i ~ .1R "'01 i WUI!t16- / / ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: the BEGINNING at a point on the north side of West Simpson Street at property now or formerly of Rev. A. N. Horn; thence northwardly along said property of Rev. A. N. Horn, one hundred thirteen and five-tenths (113.5) feet to an alley; thence westwardly along said alley twenty-four (24) feet to property now or formerly of Robert Volgelsong; thence southwardly along the property now or formerly of said VOlgelsong, one hundred thirteen and five-tenths (113.5) feet to West Simpson Street; thence eastwardly along West Simpson Street twenty-nine (29) feet to the place of BEGINNING. HAVING thereon erected a dwelling house known as No. 40 West Simpson Street, Mechanicsburg, Pennsylvania. T'''''' .' 1....--:. IS -,- - FEN N S Y L V A Na HOUSING FIN.CE Homeownership Programs Division 211 North Front street P.O. Box 15057 Harrisburg, pennsylvania 17105-5057 (717) 780-3870/TTY (717) 780-1869 AGE N C Y CERTIFIED MAIL - RETURN RECEIPT REQUESTED February 7, 2006 RE: Account NO: 946301 BARBARA H CROWELL 40 WEST SIMPSON STREET MECHANICSBURG PA 17055 RE: 40 WEST SIMPSON STREET MECHANICSBU PA 17055 Dear Occupant(s): NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by CORESTATES BANK, NA, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY (hereinafter we, us or ours) on your property located at 40 WEST SIMPSON STREET MECHANICSBU PA 17055 IS IN SERIOUS DEFAULT because you have not made the monthly payments of 808.00 for December 01, 2005 through February 01, 2006 for a total of $2,424.00. Late charges and NSF charges that have accrued to this date in the amounts of $44.20 and $.00 respectively, are also due. The total listed below includes all fees (including inspections and securing that needed to be completed), less any funds we are holding in suspense. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is $2,505.30. You may cure this default within thirty (30) DAYS of the date of this letter, by paying to us the total amount of $2,505.30, 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's check, certified check or money order and made at PENNSYLVANIA HOUSING FINANCE AGENCY 211 NORTH FRONT STREET/P.O. BOX 15057 HARRISBURG, PA 17105-5057 (717) 780-3870/3871 or 1-800-822-7375 or TTY (800) 346-3597 If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our riaht to accelerate the mortaaae Davments. 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 Drooerty. sold CaSE If the mortGaGe is foreclosed. your mortGaaed DrODerty will be by the Sheriff to Day off the mortaaae debt. If we refer your tc our attorneys, but yot.: cure the default before they BQ;n~~ legal proceedings ag~,st you, you will sti~have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees, even if they are over $50.00. Any attorney's fee will be added to whatever you owe us, which may also include our reasonable costs. If YOU cure the default within the thirty day period. yOU will not be recruired to pay at. torney'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 default within the thirty day period and foreclosure proceedings have begun, vou still have the ricrht to cure the default and prevent the sale at any time UP to one hour before the Sheriff's foreclosure sale. You may do so by pavincr the total amount of the unpaid month- lY payments and anv late or other charcres then due, as well as the reasonable attornev's fees and costs connected with the foreclosure sale and perform anv other recruirements under the mortcracre. It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately five months from the date of this Notice. A notice of the date of the Sheriff sale will be sent to you before the sale. of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 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'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 vou cure the default. the mortcracre 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 documents, 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 premiurr\s with yo~r 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 or the lC5~ will net reinstate the insuranCE, and you will have tc apply tc the insurance compan~'d qualify for rePlacemeJlt insurance wish to retain it. 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, f............' "'="'-~~-- ~ I \ tt\(i]/-Nfi C' I'. Mr. Thomas L. Gouker Manager of Collections PENNSYLVANIA HOUSING FINANCE AGENCY 211 North Front Street/ P.O. Box 15057 Harrisburg, PA 17105.5057 TLG/jrd 2LS/l PEN N S Y . . L V 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) 780-3870jTTY (717) 780-1869 AGE N C Y NOT ICE February 7, 2006 BARBARA H CROWELL 40 WEST SIMPSON STREET MECHANICSBU PA 17055 RE: Account#: 946301 TO: BARBARA H CROWELL 40 WEST SIMPSON STREET MECHANICSBURG PA 17055 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'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, FA 17602 (717) 397-5182 Housing Council of York 35 South Duke Street York, PA 17401 (717) 854 -1541 " ~, r- '" " :r>:"tl ~ '" m", c '" " C- C' 0. ., C 0 ~ \', ~ Co ~' 0.''0 ~ ~ ., " m c ~ ., 'D ~ ~., CO '" >< ~ -. ~ = m Z " Z ~ -< ;.;, 017 :,., . '" C = . ~ z ~ () , :;; 1=. Z ~ '" 7160 3901 9849 3254 3402 TO: BARBARAH CROWELL 40 WEST SIMPSON STREET MECHANICSBURG, P A ] 7055 SENDER: BAKER! REFERENCE: 94630J PS Form 3800. JanUary 2005 RETURN I Postage RECEIPT Cer@ed Fe€ SERVICE Relurn Receipt Fee Reslricled Del"lvery To1al Postage & Fees I P05TMAflKOADA;El:88 I I ;;;:.I>-OJ fl~~ ::r:m~ ><Zl Z"" ~<Zl [h~::r: OJ"tIn ~<Zl?O ",Or") r. ~) Cf".lG> :...-: I :C.c' {n "'< DDDe '2:Z;1=-- c:cC:-IZ Z"""'l~-;v. ~r:c:mc:: Cl:'imC")3"T; ~!::Z:~~. -'<2m..: Q~eO~ "'TI~s.Z-; Qlo:nzC :%!r-m-lE :e:~~o ~cr.~c~ O):oXi:EV. l:lmzv. om "'-.; m ~ c ,...;~ 1.7 - ~I ~ . \' '\:i'~' . ~" '- '"'--- ~1 M~ ~. " m -i C " Z " m n m :;; -i " m o c m OJ -i m tl 0::1 @; UJ ~ .. ~ " ..c UJ ru '" .r UJ " <:> ru r. i,~~~~~::~".;:f(r:'~.~~: ~:_: ";"'~"'"~"'.:~." r ;-'~_.' I' '?....,; ~~-r::~'l.:, \rf4!?~:,:--r~~.': ' i-;?1"h<;;llr~;':( r ~>:' :~~i'~I1~',(~~~; VERlFICA nON Anthony J. Julian hereby states that he is the Director of Accounting and Loan Servicing of the Pennsylvania Housing Finance Agency, mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~/ldM Anthony J. Julran Director of Accounting and Loan Servicing Date: jLf -Q(rOtb ::'I::r.lJ{:':'~< i.>,fI .0 'leI' i\C",NCY --):}tViC"(-"",'; ;' "'/T~\ f).<.NK '~<lj, T"U'llN," l ,!AU.'Oi' 1!NNS:" ""IT'~~T t'"''1rr7} ~"lH 7~::Tf:-:r, '~-;'()f '~~-lf.'V , -1Ft .-\ -- ,(0) p , T( li\ " ~ V( _.j - ~ ---:J - ~ ~ if) -t:: -J rj-,':- tv -.' }-> ~ ----.) (i- ~ r . " PLAINTIFF IN THE COURT OtCOMMON PLEAS CUMBERLAND C UNTY, PENNSYLVANIA CIVIL ACTION LlW NO. 2006-01992 MORTGAGEFO~CLOSURE PRAECIPE WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, VS. BARBARA H. CROWELL, DEFENDANT(S) TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and ag nst Defendant(s) BARBARA H. CROWELL for failure to plead to the above action within twenty (20 days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid Principal Balance Interest Per diem of$14.40 From I I/0I/2005 To 05/0I/2006 Accumulated Late Charges Late Charges ($22.10 per month to 05/0I/2006) Escrow Deficit $86, 20.24 $2, 70.19 37.10 $ 32.60 5% Attorney's Commission TOTAL $1, 62.42 $4, 21.01 $94, 79.77 **Together with additional interest at the per diem rate indicated above fr m the date herein, based on the contract rate, and other charges and costs to the date of Sheriffs Sale. By eon P. Haller PA 1. . # 1719 North Front Stre t Harrisburg, P A 17102 (717) 234-4178 '\ WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. BARBARA H. CROWELL, DEFENDANT , IN THE COURT O~ COMMON PLEAS CUMBERLAND C<!>UNTY, PENNSYLVANIA CIVIL ACTION L NO. 2006-01992 IN MORTGAGE F NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS Personally appeared before me, a Notary Public in and for said Co monwealth 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 ar they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 194 ,as amended. Sworn to and subscribed before me this ,;15 day of I1ltbJ 20tlP. /[1ai fYI&~' Notary Public, NW' r F 1" . NolariaI Seal ~7N~= 21.2llO7 ~.~nlR_"""oI_ . .~ -.. 4 PLAINTIFF IN THE COURT 0 COMMON PLEAS CUMBERLAND C UNTY, PENNSYLVANIA CIVIL ACTION LA WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, IN MORTGAGE F Vs. NO. 2006-0 I 992 BARBARA H. CROWELL, DEFENDANT(S) CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on May 17,2006 I served the Ten Day Notic required by Pa. R.C.P. on the Defendant(s) in this matter by regular first class mail, postage prepaid, as 'ndicated on the attached Notice. By Leon P. Haller PA I.D. # 15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 ~ , UI . IN THE COURT~F COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANI I NO. 2006-019921 - WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff VS. BARBARA H. CROWELL Defendant CIVIL ACTION A W IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: May 17,2006 TO: BARBARA H. CROWELL 5194THAVENUE WAYNESBURG,PENNSYLVANIA 15370 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE COLLECT A DEBT OWED TO OUR CLIENT. ANY INFO FROM YOU WILL BE USED FOR THE PURPOSE OF COL TTEMPTING TO TION OBTAINED ECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE CO T YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS Y U ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE NTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTH R IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. I YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGA SERVICE TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFE SERVICE CUMBERLAND COUNTY BAR ASSOCIATIO 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 By LEON P. HALLER, Atto LD. # 15700 1719N.FrontSt.,Harrisb g,PA17102 (717) 234-4178 ~~ ~ ~ ~ ~ ~-J . .{Q. -D \) \) 1s~ ~~ ~ (2 C- :r.'-"~ -01.::"-' n-l; .~, ~\r ~ J... .- ;::j', C"_'") d' -:$- Y. ...<. c.i> -- ~:.s, 3. \ q, .... ::t;-n (\""\f- -'-'1f'('\ --~)(-? (.JC' :-~;:_1-\ (~2c) .(~f1"\ ::::.-\ :9. -0 .- -- r:-? tfI -- . f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT , PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2006-01992 WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF Total Judgment Am unt Interest Per diem of$14.40 t sale date 9/6/2006 Late Charges $22.10 per month to ale date 9/6/2006 Escrow Deficit $94,579.77 $1,843.20 $221.00 VS. BARBARA H. CROWELL, DEFENDANT(S) $2,000.00 TOTAL WRIT $98,643.97 .Plus additional int rest, late charges and other costs to date of sheriffs 0 Ie. SALE DATE: Wed eoday, September 06, 2006 (PROTHONOTAR S USE) Pltf. Paid Deft. Paid Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE ORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. Date: May 25, 2006 Attorney for Plaintiff 1719 North Front Street Harrisburg, PAl 71 02 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECL SURE 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, sell the property described in the attached description known as 40 WEST SIM MECHANICSBURG, PENNSYLVANIA 17055 PROTHO u are directed to levy upon and SON STREET Date: C IL DIVISION BY /' t r ~ "t ~. - -I- ~ l D ~~ ~'l~O _ ~ C - _ -c -; ~~~ ~ (" . , ~ ~ "- W -c Vt V\ - - () ~ ~ ~ V) ~ ~ h ~ "1 B B ~ B B \) (') ,...., Sf{ e "\). = C> C c..;::) "" >:'''' ~ :2..,., , I \ I ~ -at;:: ~r: ;.::.::" rnp -< t? --om , ;, ... ~ :1'9 , ::0 '" , (!) - c) (~", , .. .~" ~.~ :=;J~'f" ~ ~;'" -0 _.~~, , , , , - txJf:: -l:;- Z ~:.(-") , , .2:'. -~. - - - , ~5m , .....:' . i-LJ:- .;;-'- (--~ r:-? .4 .. .~ ~. U1 1 I I ALL THAT CERTAIN tract or parcel of land a~d premises, situate, lying and being in the Borough of Mec anicsburg in County of Cumberland and Commonwealth of Penns lvania, more particularly described as follows: ! ~ che BEGIN11ING at a poinc on the north side of est Simpson Street at property now or formerly of Rev. A. N. Horn; thence northwardly along said property of Rev. A. N. orn, one hundred thirteen and five-cenths (113.5) feet to an al ey; thence wescwardly along said alley twenty-four (24) f ec co property now or formerly of Robert Vol gel song; chence sauch ardly along the propercy now or formerly of said Volgelsong, 0 e hundred thirteen and five-tenths (113.5) feet to West Simpson S reet; thence eascwardly along West Simpson Sereet twenty-ni e (29) feet to the place of BEGIN}TING. HAVING THEREON EREClED A DWELLING KNOWN AS 40 WES SIMPSON STREET MECHANICSBURG, PENNSYLVANIA 17055 BEING THE SAME PREMISES WHICH Gelene M. Nason and Peter A. hirk, by Deed dated 4/27/01 and recorded 5/3/01 in Cumberland COWlty Deed Book 243, Page 1065, grante and conveyed WltO Barbara H. Crowell. TO BE SOLD AS THE PROPERTY OF BARBARA H. CROWELL ON ASSESSMENT NO. 16-23-0565-079 GMENTNO.2006-01992 I WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 0ll-1992 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due W ACHOVIA BANK, NATl(!lNAL ASSOCIATION, TRUSTEE FOR PENNSYL VANIA HOUSING FINANCE AGENCY, Pia ntiff (s) From BARBARA H. CROWELL (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL I DESCRIPTION. (2) You are also directed to attach the property of the defenclant(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 g 'shee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering a yproperty of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is ound 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 $94,579.77 L.L. $.50 Interest PER DIEM OF $14.40 TO SALE DATE 9/6/06 - $1,843.20 - LAT CHARGES $22.10 PER MONTH TO SALE DATE 9/6/06 - $221.00 Atty's Comm % Atty Paid $190.58 Plaintiff Paid Date: MAY 31,2006 Due Prothy $1.00 Other Costs ESCROW EFICIT - $2,000.00 ~ CURTI I t , (Seal) Prothonotary By: REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: 1719 NORTH FRONT STREET HARRISBURG, P A 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 PLAINTIFF i IN THE COURT oj COMMON PLEAS CUMBERLAND C~UNTY, PENNSYLVANIA CIVIL ACTION LA ,- - WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, VS. NO. 2006-01992 BARBARA H. CROWELL, DEFENDANT(S) IN MORTGAGE FO AFFIDAVIT PURSUANT TO RULE 312 .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 40 WEST SIMPSON STREET MECHANICSBURG, PEN SYLVANIA 17055: I. Name and address of the Owner(s) or Reputed Owner(s): BARBARA H. CROWELL 5194THAVENUE W A YNESBURG, PENNSYL VANIA 15370 2. Name and address ofDefendant(s) in the Judgment, ifdiffi rent from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judg ent is a record lien on the real property to be sold: UNKNOWN 4. Name and address of last recorded holder of every mortg ge of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BE OW): 5. Name and address of every other person who has any reco d lien on the property: UNKNOWN 6. Name and address of every other person who has any reco d 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 PI intiff 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, P A 17013 TENANT/OCCUPANT 40 WEST SIMPSON STREET MECHANICSBURG, PENNSYLVANIA 17055 (In the preceding information, where addresses could not be reas nably ascertained, the same is indicated. ) I verify that the statements made in this Affidavit are true and co ect to the best of my personal knowledge, information and belief. I understand that false statements erein are made subject to the penalties of 18 P A C.S. Section 4904 relating to unsworn falsification to 'ties. DA TE:May 25, 2006 - ,-' "'" I~? 5 -~" C., l;J ~. '" o ";:\ -1,--<' 0'1' :Jr\" ;.oq ';i~) -"'~\(\ < , -;:'A '}; .:1 <P .- .-0 ~ <:-3 cJ' .- .. . WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, IN THE COURT 0 COMMON PLEAS CUMBERLAND C UNTY, PENNSYLVANIA PLAINTIFF CNIL ACTION L VS. NO. 2006-01992 BARBARA H. CROWELL, DEFENDANT(S) IN MORTGAGE F RECLOSURE NOTICE OF SHERIFF'S SALE OF REAL E TATE PURSUANT TO PENNSYLVANIA RULE OF CML PROCED 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, September 06, 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 leg I description mainly consisting ofa statement of the measured boundaries of the property, together with brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIP ION A TT ACHED) THE LOCATION of your property to be sold is: 40 WEST SIMPSON STREET MECHANICSBURG, PENNSYLVANIA 17055 THE JUDGMENT under or pursuant to which your property is eing sold is docketed in the within Commonwealth and County to: No. 2006-01992 JUDGMENT AMOUNT $ 4,579.77 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: BARBARA H. CROWELL .. f A SCHEDULE OF DISTRIBUTION, being a list of the pe sons and/or governmental or corporate entities or agencies being entitled to receive part of the proceed of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgage and municipalities tbat are owed taxes) will be filed by the Sheriff of this County thirty (30) days a er the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be m de 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 om the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified erem. THIS PAPER IS A NOTICE OF THE TIME AND PLAC OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMEN 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 you more specifically of these rights. If you wish to exercise yo PROMPTLY. en away. A lawyer can advise rights, YOU MUST ACT . , YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER ~T ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUTlwHERE 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 com any that has entered judgment against you. You may also file an petition with the same Court if you 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 County to set aside the sale for a grossly inadequate price or for 0 MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVE fCommon Pleas of the within er proper cause. This petition D. 3. A petition or petitions raising the legal issues or rights mentio ed in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. e petition must be served on the attorney for the creditor or on the creditor before presentation to th 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 om the Court Administrator's Office - Civil Division, of the within County Courthouse, before a pre entation of the petition to the Court. PURCELL, KRUG & HAL ER Attorneys for Plaintiff 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 ,. --------r-- i , ALL THAT CERTAIN tract or parcel of land a~d premises, situate, lying and being in the Borough of Mec anicsburg in the County of Cumberland and Commonwealth of Penns Ivania, more particularly described as follows: . I BEGnn,ING at a point on the north side of est Simpson Street at property now or formerly of Rev. A. N. Horn; thence northwardly along said property of Rev. A. N. orn, one hundred thirteen and five-tenths (113.5) feet to an al ey; thence westwardly along said alley twenty-four (24) f et to property now or formerly of Robert Volgelsong; thence south ardly along the property now or formerly of said Volgelsong, 0 e hundred thirteen and five-tenths (113.5) feet to West Simpson S reet; thence eastwardly along West Simpson St~eet twenty-ni e (29) feet to the place of BEGIN1TING. , HAVING TIIEREON ERECTED A DWELLING KNOWN AS 40 WES SIMPSON STREET MECHANICSBURG, PENNSYLVANIA 17055 BEING TIIE SAME PREMISES WHICH Ge1ene M. Nason and Peter A. hirk, by Deed dated 4/27/01 and recorded 5/3/01 in Cumberland County Deed Book 243, Page 1065, grante and conveyed unto Barbara H. Crowell. TO BE SOLD AS TIIE PROPERTY OF BARBARA H. CROWELL ON GMENTNO.2006-01992 ASSESSMENT NO. 16-23-0565-079 , 0 r-.> 0 = c = -n "'~ ~L :::f; ...... -nr- :r: -n 1:')( ;;;';-" "'s -< t." :gc? ;',,~3CI or, -0 -~l ~~s :s: ~ ,_).n ~~ ':::-1 ,":\"?' U1 ::rJ '~ -< '" , SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-01992 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK NATIONAL ASSOCIA VS CROWELL BARBARA H R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: CROWELL BARBARA H but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of GREENE serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On April 26th , 2006 , this office was in receipt of the attached return from GREENE Sheriff's Costs: Docketing Out of County Surcharge Dep Greene County Postage 6.00 9.00 10.00 30.00 .78 55.78 04/26/2006 ~CELL KRUG HALLER 5/YI/IJ{, and subscr~ e to before me S~~ R. Thomas Kline . Sheriff of Cumberland County Sworn this day of A.D. Prothonotary '" 'in The Court of Common Pleas of Cumberland County, Pennsylvania Wachovia Bank vs. Barbara H. Crowell No. 06-1992 civil Now, April 11. 2006. , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Greene County to execute this Writ,this deputation being made at the request and risk of the Plaintiff. > r~ ~~~~ Sheriff of Cumherland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof So answers, Sheriff of County, PA Sworn and subscribed before me this daY>Qf ,20 :-fS :b Ii\! C I ~dV 9DOl - COSTS . SERVICE MILEAGE AFFIDAVIT $ \ '1 f: j" j - j \l; /\. 'A :!lJjjtJlJ jj!' " ?'.'.~J.:!!djHS $ " . 110.:1, dl1Z HdV qOOl Vd 'A1HflO:J OirI8:Jmm:) :l:lllJ3HS 3Hl ,JO 3:J1:J:JO .. ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLV ANlA COUNTY OF GREENE ) ) No. 06-1992 Civil Notice to Defend and Complaint in Mortgage Foreclosure TO THE HONORABLE JUDGE WITHIN NAMED: I, John H. Riley and Ryan S. Virgili, Deputy Sheriffs for RICHARD C. KETCHEM, Sheriff of Greene County, Pennsylvania, served the Defendant, Barbara H. Crowell, at 519 4th Ave., Waynesburg, PA 15370, Greene County. On the 17th day of April, 2006, at 11: 15 A.M., the Defendant was personally served with a true and correct copy of the Notice to Defend and Complaint in Mortgage Foreclosure, No. 06-1992 Civil. Sheriffs Fees $25.00 Prothy $ 5.00 Total Fees $30.00 Paid by Purcell, Krug, & Haller Sworn to and subscribed before me this 19th day of April, 2006. So answers, John H. Riley, Deputy Sheriff & Ryan S. Virgili, Deputy Sheriff ~~~:tL PROTHONOTARY My commission expires on the first Monday of January, 2008. Served as set forth, ~T~~~~ GREENE COUNTY, PENNSYL V ANlA SHERIFF'S RETURN - REGULAR CASE NO: 2006-01992 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK NATIONAL ASSOCIA VS CROWELL BARBARA H CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CROWELL BARBARA H the DEFENDANT , at 2043:00 HOURS, on the 12th day of April , 2006 at 40 WEST SIMPSON STREET MECHANICSBURG, PA 17055 by handing to SARA HOWSARE, ADULT IN CHARGE 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 Affidavit Surcharge So Answers: 18.00 8.80 .00 10.00 .00 36.80 ~~~ R. Thomas Kline me this day of 04/26/2006 PURCELL KRUG HALLER By: ;L~~ De uty 'Sherlff ",/,"/D1- G- Sworn and Subscribed to before A.D. Prothonotary . SHERIFF'S RETURN - REGULAR CASE NO: 2006-01992 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK NATIONAL ASSOCIA VS CROWELL BARBARA H CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, TENANT/OCCUPANT says, the within COMPLAINT - MORT FORE the was served upon DEFENDANT , at 2043:00 HOURS, on the 12th day of April at 40 WEST SIMPSON STREET MECHANICSBURG, PA 17055 , 2006 SARA HOWSARE, RESIDENT by handing to 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 Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 5}1'I/()(, ~ Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: .~~~~ R. Thomas Kline 04/26/2006 PURCELL KRUG HALLER By, ~j ~ v Duty Sher' 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. 2006-01992 BARBARA H. CROWELL, DEFENDANT(S) IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on ~ a true and correct copy of the Notice of Sale of Real Estate pursuant to P A R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: BARBARA H. CROWELL 5194THAVENUE W A YNESBURG, PENNSYLVANIA 15370 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, P A 17013 TENANT/OCCUPANT 40 WEST SIMPSON STREET MECHANICSBURG, PENNSYLVANIA 17055 By PURC , G8i Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 . , LAW OFFICES HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR. JILL M. WINKA BRIAN 1. TYLER NICHOLE M. STALEY Q'GORMAN q:>~~&~ 1719 NORTH FRONT STREET HARRISBURG, PENNSYL V ANlA 17102-2392 TELEPHONE (717) 234-4178 FAX (717) 234-1206 HERSHEY (717)533-383. JOSEPH NISSLEY (1910-1982) JOHN W. PURCELL VALERIE A. GUNNQF COUNSEL BARBARA H. CROWELL 5194THAVENUE W A YNESBURG, PENNSYL VANIA 15370 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 40 WEST SIMPSON STREET MECHANICSBURG, PENNSYLVANIA 17055 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff's Sale. By: Leon P. Haller PA I.D.1 Attorney for Plaintiff WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CNIL ACTION LAW VS. NO. 2006-01992 BARBARA H. CROWELL, 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, September 06, 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 A IT ACHED) THE LOCATION of your property to be sold is: 40 WEST SIMPSON STREET MECHANICSBURG, PENNSYLVANIA 17055 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2006-01992 JUDGMENT AMOUNT $94,579.77 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: BARBARA H. CROWELL , A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. . YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. 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. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN tract or parcel of land and premises, . situate, lying and being in the Eorough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the north side of West Simpson Street at property now or formerly of Rev. A. N. Horn; thence northwardly along said property of Rev. A. N. Horn, one hundred thirteen and five-tenths (113.5) feet to an alley; thence westwardly along said alley twenty-four (24) feet to property now or formerly of Robert Volgelsong; thence southwardly along the property now or formerly of said Volgelsong, one hundred thirteen and five-tenths (113.5) feet to West Simpson Street; thence eastwardly along West Simpson Stxeet twenty-nine (29) feet to the place of EEGIN}IING. HAVING THEREON ERECTED A DWELLING KNOWN AS 40 WEST SIMPSON STREET MECHANICSBURG, PENNSYLVANIA 17055 BEING THE SAME PREMISES WHICH Gelene M. Nason and Peter A. Shirk, by Deed dated 4/27/01 and recorded 5/3/01 in Cumberland County Deed Book 243, Page 1065, granted and conveyed unto Barbara H. Crowell. TO BE SOLD AS THE PROPERTY OF BARBARA H. CROWELL ON JUDGMENT NO. 2006-01992 ASSESSMENT NO. 16-23-0565-079 --~ . , . nwI JIIDo ...., Bolo Ii!llI 10: BARBARA H. CROWELL 5194THAVENUE WAYNESBVRG, PENNSYLVANl~ 15370 SENDER: NOS 09/06/06 i I I I I I I 110_0-._ I Do Nclt UIe for ......~...t .... .._-._._--_._-_.,...,-~-_._.-.-._~. PS Form 3800 Janua 2005 RETURN Postage RECEIPT Certf1led F.. SERVICE Return Reoelpl Foe Restricted _I Postage & Fee, US PoolaI Servlce ~T~RK Of! OATE\ C:~:: ::11 \\ (/~ 11'" '. . PENNSYLVANIA HOUSING FINANCE AGENCY v. BARBARA H. CROWELL Cumberland County Sale 9/6/2006 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In comnliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 Postage: One piece of ordinary mail addressed to: BARBARA H. CROWELL 5194THAVENUE WAYNESBURG,PENNSYLVANIA 15370 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In comnliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 Postage: One piece of ordinary mail addressed to: TENANT/OCCUPANT 40 WEST SIMPSON STREET MECHANICSBURG, PENNSYLVANIA 17055 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In comnliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 Postage: One piece of ordinary mail addressed to: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 Postmark: ~ ...~... '"{;U,-I r';', I' , , -'""7 . k- 7~ rJ~~ ~2. ~\~i 7- :2 ~ ~ ~ co> (.,.1 o , . Q. ~-n rflr=: -oi"f"; :1'9 ~~C1 :~~:~ (.2("l- j,_\"i'1 S ~ ~ C? (.,.1 ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Pennsylvania Housing Fin Agency Tr is the grantee the same having been sold to said grantee on the 6th day of Sept A.D., 2006, under and by virtue of a writ Execution issued on the 31st day of May, A.D., 2006, out ofthe Court of Common Pleas of said County as of Civil Term, 2006 Number 1992, at the suit of PEnnsylvania Housing Agency Tr against Barbara H Crowell is duly recorded in Deed Book No. 276, Page 4411. IN TESTIMONY WHEREOF, I have hereunto set my hand ;..r day of and seal of said office this .~ , A.D. ADO" ~. ~. cJJ~ , ~ecorder of Deeds RIcolder ~ DHda. Cllll1beriand ~ CIrIIII. ItA ~ Cllmrialwb. Elrpna.. FiIIl McIIdaiat..... f' Wachovia Bank, National Association Trustee for Pennsylvania Housing Finance Agency VS Barbara H. Crowell The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-1992 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states he made a diligent search and inquiry for the within named defendant, to wit: Barbara H. Crowell, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Greene County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. Greene County Return: Personally appeared before me, Joseph F. French, Deputy Sheriff, for Richard C. Ketchem, Sheriff of Greene County, Pennsylvania, who being duly sworn according to law, deposes and says that on the 5th day of July 2006, at 9:15 a.m., he served the within named defendant, Barbara H. Crowell, at her residence, 39 Third Street, Crucible, P A 15325, Greene County, by handing to and leaving with Barbara Crowell, personally, a true and attested copy ofthe within Writ of Execution & Notice of Sale, No. 2006-1992 and by making known to her the contents thereof. Douglas Ruzanski, Deputy Sheriff, who being duly sworn according to law, states that on June 28,2006 at 9:41 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Barbara H. Crowell located at 40 West Simpson Street, Mechanicsburg, 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 ofthe pendency ofthe action to the within named defendant, to wit: Barbara H. Crowell, by regular mail to her last known address of 39 Third Street, Crucible, P A 15325. This letter was mailed under the date of August 02, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 06, 2006 at 10:00 o'clock A.M. He sold the same for the sum of$1.00 to Attorney Leon Haller for Wachovia Bank, National Association, Trustee for Pennsylvania Housing Finance Agency. It being the highest bid and best price received for the same, Wachovia Bank, National Association, Trustee for Pennsylvania Housing Finance Agency of211 North Front Street, Harrisburg, P A 17101, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$909.14. Sheriffs Costs: Docketing Poundage Posting Bills $30.00 17.83 15.00 ~ Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 8.80 Levy 15.00 Surcharge 20.00 Out of County 9.00 Misc. Green County 75.00CPDe~ ~-r~{) Law Journal 311.00 Patriot News 267.20 Share of Bills 19.31 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 909.14 ../~ la )0'7/1)(", ~~ R. Thomas Kline, Sheriff ~V" ,(jO 30 :'0 1.6 6t. 5'OL 3C- ~ ) f{Vo~'f 'r 4- I ~ PLAINTIFF IN THE COURT OF COMMON~ CUMBERLAND COUNTY, PE~~~lA CIVIL ACTION LAW Q~ NO. 2006-01992 ~ IN MORTGAGE FORECLOSURE W ACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, VS. BARBARA H. CROWELL, DEFENDANT(S) 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 40 WEST SIMPSON STREET MECHANICSBURG, PENNSYL VANIA 17055: 1. Name and address ofthe Owner(s) or Reputed Owner(s): BARBARA H. CROWELL 519 4TH AVENUE WAYNESBURG, PENNSYLVANIA 15370 2. Name and address ofDefendant(s) in the Judgment, ifdifferent 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 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 r I 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, P A 17013 TENANT/OCCUPANT 40 WEST SIMPSON STREET MECHANICSBURG, PENNSYLVANIA 17055 (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 P A C.S. Section 4904 relating to unsworn falsification to au 'ties, LeonP. HallerPA J.D. #1 Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 DATE:May 25, 2006 ~ W ACHOVIA BANK, NA TIONAL ASSOCIATION, TRUSTEE FOR PENNSYL Y ANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF CIVIL ACTION LAW YS. NO. 2006-01992 BARBARA H. CROWELL, 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, September 06, 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 A TT ACHED) THE LOCA nON of your property to be sold is: 40 WEST SIMPSON STREET MECHANICSBURG, PENNSYLVANIA 17055 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2006-01992 JUDGMENT AMOUNT $94,579.77 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: BARBARA H. CROWELL ~ A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. i YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 i ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in che County of Cumberland and Commonwealth of Pennsylvania. more particularly described as follows: BEGIN1~ING at a point on the north side of West Simpson Street at property now or formerly of Rev. A. N. Rom; thence northwardly along said property of Rev. A. N. Horn, one hundred thirteen and five-tenths (113.5) feet to an alley; thence westwardly along said alley twenty-four (24) feet to property now or formerly of Robert Volgelsong; thence southwardly along the property now or formerly of said Volgelsong, one hundred thirteen and five-tenths (113.5) feet to West Simpson Street; thence eastwardly along West Simpson Street twenty-nine (29) feet to the place of BEGINNING. HAVING THEREON ERECTED A DWELLING KNOWN AS 40 WEST SIMPSON STREET MECHANlCSBURG, PENNSYLVANIA 17055 BEING THE SAME PREMISES WHICH Gelene M. Nason and Peter A. Shirk, by Deed dated 4/27/01 and recorded 5/3/01 in Cumberland County Deed Book 243, Page 1065, granted and conveyed unto Barbara H. Crowell. TO BE SOLD AS THE PROPERTY OF BARBARA H. CROWELL ON JUDGMENT NO. 2006-01992 ASSESSMENT NO. 16-23-0565-079 WRIT OF EXECUTION aBd/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 06-1992 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 BARBARA H. CROWELL (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $94,579.77 L.L. $.50 Interest PER DIEM OF $14.40 TO SALE DATE 9/6/06 - $1,843.20 - LATE CHARGES $22.10 PER MONTH TO SALE DATE 9/6/06 - $221.00 Atty's Comm % Atty Paid $190.58 Plaintiff Paid Date: MAY 31, 2006 Due Prothy $1.00 Other Costs ESCROW DEFICIT - $2,000.00 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ill No. 15700 . & ~ , < LL.c..... LL., 0:: :>~., W:- :x: ::.. (,,()-. C We :X:r r-:::: u_: . 0'. W UlJ... t;:cc LL.:::E. 0=' (..,) Real Estate Sale # 80 On June 06, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, P A Known and numbered as 40 West Simpson Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 06, 2006 By: CJ0du/S~ Real E4te Sergeant c:r N e- <( N I z => "J -"'" = = ...... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: July 21, July 28, and August 4,2006 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. 2 SW TO AND SUBSCRIBED before me this 4 day of August. 2006 r NOT ARIAL SEAL I LOIS E. SNYDER, Notary Public I . Carhsle Bora Cumberland County I Mv Commission Expires March 5, 2009 ~'....."'. 'IV".-c.1..IIlll7"'.......~ RBAL ESTATE SALE NO. 80 Writ No. 2006-1992 Civil Wachovia Bank. National Association. Trustee for Pennsylvania Housing Finance Agency vs. Barbara H. Crowell Atty.: Leon P. Haller ALL THAT CERTAIN tract or par- cel of land and premises. situate. lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania. more particularly de- scribed as follows: BEGINNING at a point on the north side of West Simpson Street at property now or formerly of Rev. A. N. Horn; thence northwardly along said property of Rev. A. N. Horn. one hundred thirteen and five-tenths {lI3.5) feet to an alley; thence westwardly along said alley twenty-four (24) feet to property now or formerly of Robert Volgelsong; thence southwardly aiong the prop- erty now or formerly of said Volgel- song. one hundred thirteen and five- tenths (113.5) feet to West Simpson Street; thence eastwardly along West Simpson Street twenty-nine (29) feet to the place of BEGINNING. HAVING TIlEREON EREcrED A DWELLING KNOWN AS 40 West Simpson Street. Mechanicsburg. PA 17055. BEING THE SAME PREMISES WHICH Gelene M. Nason and Peter A. Shirk. by Deed dated 4/27/01 and recorded 5/3/01 in Cumber- land County Deed Book 243. Page 1065. granted and conveyed unto Barbara H. Crowell. TO BE SOLD AS THE PROP- ERTY OF Barbara H. Crowell on Judgment No. 2006-01992. ASSESSMENT NO. 16-23-0565- 079. _""_~~_"..u__~"..-~- .. ,) 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant 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 19th and 26th day(s) of July and the 2nd day(s) of August 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 S ALE #80 ................................... ':II NIA i CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 1..... 'II