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HomeMy WebLinkAbout02-1641FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff VS. SCOTT R. SPAHR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE RAN 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, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED 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 ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff VS. SCOTT R. SPAHR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE 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, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff FEDERAL NATIONAL MORTGAGE : IN THE COURT OF COMMON PLEAS ASSOCIATION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE SCOTT R. SPAHR, // on • (1 Defendant (. wty COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is FEDERAL NATIONAL MORTGAGE ASSOCIATION, a corporation acting through its servicing agent Homeside Lending, Inc. whose address is 8120 NATIONS WAY, BUILDING 100, JACKSONVILLE, FLORIDA 32256. 2. Defendant, SCOTT R. SPAHR, is an adult individual whose last known address is 57 S. BEDFORD STREET, CARLISLE, PENNSYLVANIA 17013. 3. On or about, February 24, 2000, the said Defendant executed and delivered a Mortgage Note in the sum of $48,000.00 payable to PATRIOT BANK, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1598, Page 152 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to Homeside Lending, Inc. and was recorded in the aforesaid County in Mortgage Book 671, Page 1107. The Mortgage was further assigned to Federal National Mortgage Association and was sent for recording. Said Mortgage and Assignments are incorporated herein. 5. The land subject to the Mortgage is: 57 S. BEDFORD 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 December 01, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $11.14 per day From 11/01/2001 To 05/01/2002 (based on contract rate of 8.6250%) Accumulated Late Charges Late Charges $18.67 From 12/01/2001 to 05/01/2002 Escrow Balance (Credit) Attorney's Fee at 5% of Principal Balance TOTAL $47,162.20 $2,016.34 $74.68 $93.35 ($422.79) $2,358.11 $51,281.89 "Together with interest at the per diem rate noted above after May 01, 2002 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 judgment has been entered upon said Mortgage in any jurisdiction. 9. Plaintiff has complied with the notice procedures required by Pennsylvania Act 160 of 1998 by sending to Defendant, by regular mail, a copy of the Combined Act 6/91 Notice. A true and correct copy of the Combined Act 6/91 Notice is attached hereto as Exhibit "C". 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has 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 Pennsylvania 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 8.6250% ($11.14 per diem), together with other charges and costs including escrow advances incidental thereto tote date of Sheriff's Sale and for foreclosure and sale of the property within described. By: PURL; KRUG & Leo Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Hs159714.tit (1696x2800x2 titt) L3) Hs159714.tit (1696x2800x2 titt) L4J Hs159714.tit (1696x2800x2 titt) 1131 Hs159714.tit (1696x2800x2 titt) (30) 71944950096004298926 7194 4950 0960 0429 8926 February 04, 2002 SCOTT R SPAHR 57 S BEDFORD ST CARLISLE PA 17013-3317 RE: Loan Number: Loan Due Date: Property Address: Dear Customer: 19977766 December 01, 2001 57 S BEDFORD ST CARLISLE, PA 17013 CERTIFIED MAIL According to the terms of your mortgage loan documents, your loan is in default. If you do not bring your loan current by paying the total amount due within thirty (30) days of the date of this letter, HomeSide Lending, Inc. will demand the entire balance due under the mortgage loan ("accelerate") without further notice. If we accelerate, we will start legal action that will result in the foreclosure sale of your property. HomeSide Lending, Inc. has reported your defaulted loan to consumer credit reporting agencies ("credit bureaus"). The amount due as of February 04, 2002 is $1,742.28, which includes 3 scheduled payments that are past due, plus accrued but unpaid late charges and other applicable fees. The amount due quoted does not include any scheduled payments that may be due in the future. Please make your payment in the form of certified funds (money order or cashier's check). Please include your loan account number on the money order or cashier's check. We must receive payment in full of all amounts due under your loan within thirty (30) days of the date of this letter at the address below. If we decide to accept less than the total amount due from you, we will not waive the right to demand the entire balance due under the mortgage loan ("accelerate"). Mail payments to: HomeSide Lending, Inc. Mail Stop: Cashiering - SA7, 9601 McAllister Frwy, San Antonio, TX, 78216. If we accelerate, you may have the right to reinstate your loan by paying the entire amount then due (figured as if we had not accelerated) together with our costs and attorneys fees (to the extent allowed by law), and curing any other default under the loan. If you believe your loan is not in default, you also have the right to assert in a court action or foreclosure proceeding, the nonexistence of the default or any other defense to our legal action and sale of the property. If you have any questions, please contact us at 1-888-743-7747, between the hours of 8:00 am and 6:00 pm ET. We may be able to assist you with alternatives to foreclosure. Additionally, you may seek homeownership counseling through counseling agencies approved by the Department of Housing and Urban Development. For the HUD approved counseling agency in your area call 1-800-569-4287. Collections Department FNMA CL15 HomeSide Lending, Inc, may be deemed by applicable law to be a debt collector with respect to your loan. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION YOU PROVIDE US MAY BE USED FOR THAT PURPOSE. Hs159714.tit (1696x2800x2 titt) L311 February 04, 2002 SCOTT R SPAHR 57 S BEDFORD ST CARLISLE PA 17013-3317 Re: Loan Number: 19977766 Property Address: 57 S BEDFORD ST CARLISLE, PA 17013 ACT 91 NOTICE TARS ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HBMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSEL- ING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies servicing your County are listed in the enclosure. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-500-342-2397. (Persons with impaired hearing can call (717)750-1569.) This notice contains important legal information. If you have any questions, representatives at the Consumer Cradit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SOMA IMPORTANCIA, PUSS AFECTA SU DERRSCHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OETENGA UNA TRADUCCION INMEDIAMBNIC. LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIRA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO 'HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM- EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REMIDIR SO HIPOT'SCA. STATEMENTS OF POLICY YOU HAVE NOT MADE SCHEDULED MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Months Delinquent: 3 Payment Amount: $562.09 Late Charge Balance: 56.01 Property Inspections: 0 Return Item NSF Fees: 0 Total Due: $1,742.28 PNMA DRP - CL63 page 1 of 4 P.O. Box 47530 San Antonio TX 78265-7530 1-888-743-7747 HomeSide may be deemed by applicable law to be a debt collector with respect to your loss. This is an attempt to collect a debt, and any information you provide us may be used for that purpose. Hsl59714.tit (1696x2800x2 titt) (32J February 04, 2002 SCOTT SPAHR 19977766 STATEMENTS OF POLICY HOW TO CURB THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE To THE LENDER, WHICH IS $1,742.28, PLUS ANY MORTGAGE PAYMENT'S AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: _ Attn Cashiering Department HomeSide Lending, Inc. 9601 McAllister Frwy, Mail-Stop SA-7 San Antonio, TX 78216 IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF YOUR MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which say also include other reasonable costa. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LEVER REMBDIRS--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURB THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mort- gage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Fax Number: TOO Number: HomeSide Lending, Inc. Collections Department 7301 Saymeadowe Way Jacksonville, FL 32256 1-888-743-7747 (904)281-3197 (904)281-3935 Pram ORP - CL63 Page 2 of 4 P.O. Box 47530 San Antonio TX 78265-7530 1-888-743-7747 HoMaSide may be deemed by applicable law to be a debt Collector with respect to your loan. This is an attempt to collect a debt, and any information you provide us may be used for that purpose. Hs159714.tit (1696x2800x2 titt) L33J February 04, 2002 SCOTT SPAHR 19977766 EFFECT OF SHERIFF'S SALE--You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. if you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. Homeowner's Name(s): SCOTT R SPAHR Property Address: 57 S BEDFORD ST CARLISLE PA 17013 Loan Account Numbers 19977766 Original Lender: FANNIE MAE SECURITIES ADMIN Current LenderlServicer: Homeside Lending, Inc. STATEMENTS OF POLICY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE -ACT-), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU NM OTHER ELIGIBILITY RBOUIM ME1TS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a -face-to-fate- meeting with one of the consumer credit coun- seling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED -HOW TO CURE YOUR MORTGAGE DEFAULT- EXPLAINS HON TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are act forth at the and of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender IMMEDIATELY of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner'a Emergency Mortgage Assistance Program. To do no, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit coun- seling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLI- CATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. PNMA DRP - CL63 Page 3 of 4 P.O. Box 47530 San Antonio TX 78265-7530 1-888-743-7747 HomeSide may be deemed by applicable law to be a debt collector with respect to your loan. This is an attempt to collect a debt, and any information you provide us may be used for that purpose. Hs159714.tit (1696x2800x2 titt) L34J February 04, 2002 SCOTT SPAHR 19977766 AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligi- bility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above- You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION FUR- POSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) STATEMENTS OF POLICY HOW To CURB YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on the property located at: 57 S BEDFORD ST CARLISLE, PA 17013 IS SERIOUSLY IN DEFAULT because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. ASSUMPTION OF MORTGAGE--You (*-)may (--)my not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. (**) Please check your mortgage documents or call our Assumption Department at- 1-000-045-3649-to determine if your loan is assumable. YOU MAY ALSO HAVE THE RIGHT * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THE RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW Collection Department Enclosure cc: First Class and Certified Mail Addressee 57 S BEDFORD ST CARLISLE, PA 17013 DRP - CL63 FNMA Page 4 of 4 P.O. BOX 47530 San Antonio TX 78265-7530 1-888-743-7747 HomeSide may be deemed by applicable law to be a debt collector with respect to your loan. This is an attempt to collect a debt, and any information you provide us may be used for that purpose. VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for the Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION. Said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: April 02, 2002 P. Haller, Esquire Le 0l V CO C W cn t? -c a L y N 4-J O w N c f- rv ? o r- u ? a z z m c r FEDERAL NATIONAL MORTGAGE ASSOCIATION, PLAINTIFF VS. SCOTT R. SPAHR, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION r LAW NO. 2002 0164 IN MORTGAGE FORECLOSURE P R A E C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendants SCOTT R. SPAHR for failure to lead 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 $47,162.20 Interest $ 2,106.34 (Per diem of $11.14 from 11/1/01 to 5/1/02) Accumulated late charges $ 74.68 Late charges $ 93.35 ($18.67 per month to 5/02) Escrow Credit $ 422.79 5. Attorney's Commission 2,35 .11 TOTAL $51,281.89** ** Together with additional interest at the per d em 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 & By Leon P. Haller 1719 North Front Str Harrisburg, PA 17102 (717) 234-4178 I.D. #15700 eet K\ M K F \DO C S\C U M B E R LA\SPAHR. P Pad R Cr m, rnr 1 Z '77 ?? rn tv N FEDERAL NATIONAL MORTGAGE ASSOCIATION, PLAINTIFF VS. SCOTT R. SPAHR, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2002 01641 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on MAY 23, 2002 I s Notice required by Pa. R.C.P. 237.1 on the Def matter by regular first class mail, postage prel on the attached Notice. By Ci Leon P. Hall, Attorney for Purcell, Kru, 1719 North F Harrisburg, ved the Ten Day 3ant(s) in this d, as indicated v r PA I.D. #15700 Plaintiff & Haller ont St. A 17102 n N ? 2 , iv a C J _. _ - J. i.J ? FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff VS. SCOTT R. SPAHR Defendant DATE OF THIS NOTICE: May 23, 2002 TO: SCOTT R. SPAHR 57 S. BEDFORD STREET CARLISLE, PA 17013 SCOTT R. SPAHR 58 BALTIMORE AVENUE REHOBETH BEACH, DE 19971 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-01641 CIVIL ACTION LAW IN MORTGAGE FOR THIS LAW FIRM IS A DEBT COLLECTOR AND WE AREA TEMPTING 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 W RIT-FEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COUR T 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 MAY BE EN ERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHE R 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 SER CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PURCELL, KRUG & HALLER By LEON P. HALLER, Attorney for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 . N 0 ail (T. J FEDERAL NATIONAL MORTGAGE ASSOCIATION, PLAINTIFF VS. SCOTT R. SPAHR, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTIONI- LAW NO. 2002 016&1 IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS: / You are hereby notified that on 2-?oC O the following judgment has been entered against you in the above- captioned matter: $51,281.89 and for the sale and foreclosur of your property located at: 57 S. Bedford Street, Carlisle, PA 17013 Dated: PR THONOTARY i 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) a d their respective addresses are the proper individuals to re eive this Notice pursuant to PA R.C.P. No. 236: Scott R. Spahr 57 S. Bedford Street Carlisle, PA 17013 11 Scott R. Spahr 58 Baltimore Avenue Rehobeth Beach, DE 19971 I: ';gel KP`,DOC ;\CUNIBERLA\3PAHR.N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2002 01641 FEDERAL NATIONAL MORTGAGE ASSOCIATION, PLAINTIFF VS. SCOTT R. SPAHR, DEFENDANT(S) TOTAL AMOUNT OF JUDGMENT $51,281.89 Interest at $!,11.14 per diem to sale date $ 1,403.64 Late charges at $18.67 per month to sale date $ 56.01 Escrow Deficit $ 2,000.00 TOTAL I $54,741.54* *SALE DATE: EDS.,SEPT. 4, 2002 (PROTHONOTAR 'S USE) Plaintiff Attorney Sheriff This Writ TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above capti Date: June 12, 2002 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS d case. TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 57 S. BEDFORD STREET, CARLISLE, PA 17013. Date: Leon P. Haller PA I.D. #15700 PROTHONOTARY BY CIVIL DIVISION K:\MKF\DOCS\CUMBERLA\SPAHR. W ALL that certain house and lot of ground situated in the Second Ward of the Borough of Carlisle, Pennsylvania, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by property formerly of Paul F. Oriher and wife, now or formerly of Elizabeth K. Bupp, known as 55 S uth Bedford Street; on the East by lot formerly of George Rines ith, later of Alice Williams, and now or formerly of Gertrude M. inter, known as 109 East Pomfret Street; on the South by propert formerly of Raymond Zinn, now or formerly of Thurston G. Frazie , known as 61 South Bedford Street; and on the West by 60 feet wi a South Bedford Street. THE above described tract of land contains 17 feet 6 inches, more or less, in front along the eastern line of 60 feet wide South Bedford Street, and extends eastwardly therefrom at an even width a distance of 60 feet, and has thereon erected a two-story frame attached dwelling house known as and numbered 57 South Bedford Street. TOGETHER with and subject to rights in a pedest extending eastwardly from South Bedford Street, as exists, for the benefit of the owners and occupiers described premises known as 57 South Bedford street owners and occupiers of the premises adjoining on t as 55 South Bedford Street, and their respective he personal representatives, and successors in title; HAVING THEREON ERECTED A DWELLING KNOWN AS 57 CARLISLE, PENNSYLVANIA 17013. BEING THE SAME PREMISES WHICH Ralph L. Deitch & by deed dated 9/23/87 and recorded 9/24/87 in De 298 granted and conveyed unto Scott R. Spahr. recorded 7/2/91 in Deed Book E-35, Page 918 Scott one-half interest unto Tim W. Spahr and Margaret dated 1/22/93 and recorded in Deed Book C 36, Pac_ and Margaret S. Spahr conveyed their one-half Scott R. Spahr. TO BE SOLD AS THE PROPERTY OF SCOTT R. SPAHR ON 2002 01641. PARCEL #03-21-0320-022 ian alleyway he same now of the within and the e North known rs, assigns, BEDFORD STREET, d Linda K. Deitch- d Book Y-32, Page By deed 6/24/91, R. Spahr conveyed S. Spahr; by deed e 511 Tim W. Spahr interest back into (JUDGMENT NO. i G.MKP1DOCSCIJ IBERLAISPAHR.DES ??I I ?C -U C 0 C o N C7 „ 1 cr ;: N 01 W Fri 3 .n N -G FEDERAL NATIONAL MORTGAGE ASSOCIATION, PLAINTIFF VS. SCOTT R. SPAHR, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION ? LAW NO. 2002 01641 IN MORTGAGE FORECLOSURE The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the pra cipe for the writ of execution was filed, the following information concerning the real property located at 57 S. BEDFORD STREET, CARLISLE, PA 17013: 1. Name and address of the Owner(s) or Scott R. Spahr 57 S. Bedford Street Carlisle, PA 17013 Scott R. Spahr 58 Baltimore Avenue Rehobeth Beach, DE 19971 2. Name and address of Defendant(s) in different from that listed in (1) above: SAME 3. Name and address of every judgment credi appears of record on the real property to be so commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Clearance Support/Sheriff Sales P. O. Box 280946 Harrisburg, PA 17128-0946 4. Name and address of last recorded holde3 of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Redevelopment Authority of Cumberland County 114 North Hanover Street Carlisle, PA 17013 5. Name and address of every other person lien on the property: ited Owner(s): the Judgment, if ?d: whose judgment h of every mortgage who has any record UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other pe son 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 l (In the preceding information, where addre ses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this ffidavit 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 r Latin to unsworn falsification to authorities. A Leon P. Hall( Purcell, Kru 1719 North F Harrisburg, (717) 234- r PA I.D. & Haller ont Street A 17102 178 15700 DATE: June 12, 2002 o o C_ J -rt -p M t Z Ch r:' {V Ji `j' ? v c.7 { FEDERAL NATIONAL MORTGAGE ASSOCIATION, PLAINTIFF VS. SCOTT R. SPAHR, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION'- LAW NO. 2002 01641 IN MORTGAGE FORECLOSURE 2IFF' S SALE C PURSUANT TO TAKE NOTICE: That the Sheriff's Sale of Real Property held: DATE: TIME: LOCATION al estate) will be Commissioner's Hearing Room 2nd Floor Cumberland County Courthous Carlisle, Pennsylvania 170 3 THE PROPERTY TO BE SOLD is delineated in etail 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 erec ed on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 57 S. BEDFORD STREET CARLISLE CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being gold is docketed in the within Commonwealth andlCounty to: NO. 2002 01641 is: THE NAME (S) OF THE OWNER (S) OR REPUTED WEDNESDAY, SEPTEMBER 4, 2002 10:00 O'clock A.M. of this property SCOTT R. SPAHR 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 lobjects by filing exceptions to it within ten (10) days of the dale 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 PAPE YOUR PROPERTY. IT PAY THE JUDGMENT. You may have legal rights to prevent your p operty from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your righ s, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER T ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Associate 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 71`7-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court f 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 :?ourt_ of Common Pleas of the within County to et aside the sale f->r grossly inadequate price or for other pr per cause. This ^etition 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. Th petition must be served on the attorney for the creditor or on t e creditor before presentation to the court and a proposed orde or rule must be attached to the petition. If a specific return date is desired, s ch date must be obtained from the Court Administrator's Office - ivil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attache hereto. PURCELL, KRUG & LLER Attorneys for Pla ntiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 0 CD p C ov : , Cl: l W rn J ?1 ?Av? WRIT OF EXECUTION and/or ATTACHMENT j?4-I COMMONWEALTH OF PENNSYLVANIA) NO 92-IVI*r Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff (s) From SCOTT R. SPAHR, 57 S. BEDFORD ST., CARLISLE PA 17013 AND 58 BALTIMORE AVE., REHOBETH BEACH DE 19971 (1) You are directed to levy upon the property of the defendant (s)and to sell AL ESTATE LOCATED AT 57 S. BEDFORD ST., CARLISLE PA 17013 (SEE ATTACD LEGAL DESCRIPTION.). (2) You are also directed to attach the property of the defendant(s) not levied up n in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the gam paying any debt to or for the account of the defendant (s) and from delivering any (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is foi of anyone other than a named garnishee, you are directed to notify him/her that he garnishee and is enjoined as above stated. Amount Due $51,281.89 Interest @ $11.14/DIEM TO 9/4/02 $1„403.64 Atty's Comm % Atty Paid $106.90 Plaintiff Paid Date: JUNE 12, 2002 (Seal) REQUESTING PARTY: Name LEON P. HALLER, ESQ. Address: 1719 N. FRONT ST. HARRISBURG PA 17102 Attorney for: PLAINTIFF Telephone: (717) 234-4178 Supreme Court ID No. 15700 is enjoined from ? of the defendant in the possession has been added as a L.L. $.50 Due Prothy $1.00 Other Costs ESCROW LATE CHARGES @ 5 $2,000.00 TO 9/4/02 $56.01 CURTIS R. LONG By: \ a-, . FEDERAL NATIONAL MORTGAGE ASSOCIATION, PLAINTIFF VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 01641 SCOTT R. SPAHR, DEFENDANT IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on -1glOa 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: Scott R. Spahr 57 S. Bedford Street Carlisle, PA 17013 Scott R. Spahr 58 Baltimore Avenue Rehobeth Beach, DE 19971 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Clearance Support/Sheriff Sales P. O. Box 280946 Harrisburg, PA 17128-0946 Redevelopment Authority of Cumberland County 114 North Hanover 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 %% PURCELL HOWARD B.KRUG I-EON P. HALLER ,101 IN W. PURCELL IR. BRIAN I. TYLLR III I NI. bVINEKA NOTICE TO: Scott R. Spahr 57 S. Bedford Street Carlisle, PA 17013 LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FORECLOSURE DEPT. FAX (717) 234-1206 (717) 533-3836 Scott R. Spahr 58 Baltimore Avenue Rehobeth Beach, DE 19971 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Clearance Support/Sheriff Sales P. O. Box 280946 Harrisburg, PA 17128-0946 Redevelopment Authority of Cumberland County 114 North Hanover Street Carlisle, PA 17013 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 NOTICE IS those parti against the pursuant to hereto. HEREBY GIVEN to t es who hold one or real estate which Pennsylvania Rule JOSEPH NISSLEY (1910-1982) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD ae Defendants in the within action and more mortgages, judgments or tax liens is the subject: of the Notice of Sale of Civil Procedure 3129.1 attached 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 --{posed to public sale as set forth on the attached Notice of Sale: YOU ARE FURTHER NOTIFIED that the lien you hold against the said r-.al 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. Y: Leon P. Haller PA I.D.15700 Attorney for Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION, PLAINTIFF VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 01641 SCOTT R. SPAHR, 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, SEPTEMBER 4, 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: 57 S. BEDFORD STREET CARLISLE CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being ,acid is docketed in the within Commonwealth and County to: NO. 2002 01641 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property SCOTT R. SPAHR 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. Lnformation 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 71x7-243-9400 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 yoi.z are aware of a legal defect in the obligation or the procedure used against you. After the Sheriff's Sale you may file a petition with the 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. Ir a specific return date is desired, such date must be o.t,ained from the Court Administrator's office - Civil Division, of eiie within County Courthouse, before a presentation of the petition t 7c, 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) 2_54-4178 ALL that certain house and lot of ground situated in the Second Ward of the Borough of Carlisle, Pennsylvania, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by property formerly of Paul F. Orner and wife, now or formerly of Elizabeth K. Bupp, known as 55 South Bedford Street; on the East by lot formerly of George Rinesmith, later of Alice Williams, and now or formerly of Gertrude M. Ginter, known as 109 East Pomfret Street; on the South by property formerly of Raymond Zinn, now or formerly of Thurston G. Frazier, known as 61 South Bedford Street; and on the West by 60 feet wide South Bedford Street. THE above described tract of land contain:; 17 feet 6 inches, more or less, in front along the eastern line of 60 feet wide South Bedford Street, and extends eastwardly therefrom at an even width a distance of 60 feet, and has thereon erected a two-story frame attached dwelling.house known as and numbered 57 South Bedford Street. TOGETHER with and subject to rights in a pedestrian alleyway extending eastwardly from South Bedford Street:, as the same now exists, for the benefit of the owners and occupiers of the within described premises known as 57 South Bedford Street, and the owners and occupiers of the premises adjoining on the North known as 55 South Bedford Street, and their respective heirs, assigns, personal representatives, and successors in title. HAVING THEREON ERECTED A DWELLING KNOWN AS 57 S. BEDFORD STREET, CARLISLE, PENNSYLVANIA 17013. BEING THE SAME PREMISES WHICH Ralph L. Deitch and Linda K. Deitch by deed dated 9/23/87 and recorded 9/24/87 in Deed Book Y-32, Page 298 granted and conveyed unto Scott R. Spahr. By deed 6/24/91, recorded 7/2/91 in Deed Book E-35, Page 918 Scott R. Spahr conveyed one-half interest unto Tim W. Spahr and Margaret S. Spahr; by deed dated 1/22/93 and recorded in Deed Book C 36), Page 511 Tim W. Spahr and Margaret S. Spahr conveyed their one-half interest back into Scott R. Spahr. TO BE SOLD AS THE PROPERTY OF SCOTT R. SPAHR ON JUDGMENT NO. 2002 01641. PARCEL #03-21-0320-022 K: ,11<FIDJ(S?CUMRERLAASPAHR.DES 4. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 9TH JUDICIAL DISTRICT COMMONWEALTH OF PENNSYLVANIA AFFIDAVIT OF SERVICE OF PROCESS FEDERAL NATIONAL MORTGAGE NO. 2002-01641 ASSOCIATION Plaintiff CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE versus SCOTT R. SPAHR Defendant Know all persons by these presents that I, f/, lrAe4ft'. 1- ' , was assigned to duly execute this service upon the following defendant: SCOTT R. SPAHR at 58 BALTIMORE AVENUE. REHOBETH. DE 19971. 1 hereby depose and say: 1) That I am of the necessary age and sound mind to execute said service. 2) That I am not a party to the action or have any interest in it. 3) That I am an agent of Eric J. Kerchner, a Monroe County, Pennsylvania licensed private investigator. I hereby certify that on at approximately ' aa.m. ?p.m. a true and correct copy of the NOTICE OF SHERIFF'S were served on the above-named party or witness in the following manner: Id 1 personally delivered them into the hands of the person to be served. ? By leaving a copy at his/her usual place of abode with _ whose relationship to the defendant is and who is of suitable age and discretion and also residing therein. ? By leaving a copy with defendant resides. the manager/clerk of place of lodging in which ? By leaving a copy with , the agent in charge of defendant's office or usual place of business. Job title or position of agent is ? After due and diligent efforts, described below, I was unable to serve the process because: Description of Recipient: ; Sex: Race: 41e4 'Approximate Height: Approximate Weight: a Approximate Age: r FURTHER AFFIDAVIT SAYT T. i Signet re of roc ss Server Subscribed and sworn to before me this /9791, day,of-?{xq , 2002. - 1___. "414-K, a Aza?_ No ubfi Ian lv c R 5 5, 6+yv, Btd_ Nip( C0 MtA1.55iorJ EXF12E5 RvT 1 , Z-aoL Re: Homeside v. Spahr Cumberland sales 9/4/02 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Scott R. Spahr 57 S. Bedford Street Carlisle, PA 17013 Postage: Postmark: 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: Scott R. Spahr 58 Baltimore Avenue Rehobeth Beach, DE 19971 Postmark: o?gpRARq?s?G JUL 9 -0 C 2002 ov PS U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to- Postage: Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Clearance Support/Sheriff Sales P. O. Box 280946 Harrisburg, PA 17128-0946 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: Redevelopment Authority of Cumberland County 114 North Hanover 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 ^v r y?4'tssG?. ?` U.S.G?SrGE i JUL - 9•02 01 /ISMETC? 67635h5 --- ?`? Jul 9. 2002 s r f'-_? ? -, r` t .. -ri ., _ ..? 1 . ' _,_ J -J -G COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I 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 Federal Natl Mtg Assoc is the grantee the same having been sold to said grantee on the 4th day of Dec A.D., 2002, under and by virtue of a writ Execution issued on the 12th day of June, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 1641, at the suit of Federal Natl Mt Assoc against Scott R Spahr is duly recorded in Sheriff's Deed Book No. 255, Page 3993. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ? day of ff? , A.D. 2003 Recorder of Deeds Federal National Mortgage Association VS Scott R. Spahr In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-1641 Civil Term Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on June 19, 2002 at 10:09 o'clock AM, 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: Scott R. Spahr, by making known unto Amy Simpson, adult girlfriend, at 57 South Bedford 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 July 8, 2002 at 3:28 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Scott R. Spahr located at 57 South Bedford St., 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 of the within named defendants to wit: Scott R. Spahr, by regular mail to his last known address of 57 South Bedford St., Carlisle, PA 17013. This letter was mailed under the date of July 09, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on December 4, 2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Leon P. Haller for Federal National Mortgage Association. It being the highest bid and best price received for the same, Federal National Mortgage Association of 1900 Market Street, Suite 800, Philadelphia, PA 19103, being the buyer in this execution paid Sheriff R. Thomas Kline the sum of $943.88. Sheriffs Costs: Docketing 30.00 Poundage 18.51 Posting Bills 15.00 Advertising 15.00 Acknowledging D eed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 6.90 Certified Mail 1.17 Levy 15.00 Surcharge 20.00 Postpone Sale 20.00 Law Journal 390.95 Patriot News 280.15 Share of Bills 25.20 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 943.88 Sworn and Subscribed to Before Me This /02 !?' Day of ?Rt 2003, A.D. C?o P onotary So Mswers, R. Thomas Kline, Sheriff BY Real Estate Deputy PIPIL 0-9 CO-Y-11 ?b I, 5.0 Ck 39 77`f 13s 3"/(' Real Estate Sale # 75 On June 18, 2002 the sheriff levied upon the defendant's interest in the real property situated in The Borough of Carlisle, Cumberland County, PA known and numbered as 57 South Bedford Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 18, 2002 By:'JS? Jvw- Real Estate Deputy - .i .J PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. 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, viz: JULY 26, AUGUST 2, 9, 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. REAL ESTATE SALE No. 75 Writ No. 2002-1641 Civil Federal National Mortgage Association Ro er M. Morgenthal, Editor vs. Scott R. Spahr Atty.: Leon P. Haller SWORN TO AND SUBSCRIBED before me this ALL that certain house and lot of 9 day of AUGUST, 2002 ground situated in the Second Ward of the Borough of Carlisle, Pennsyl- vania, Cumberland County, Penn- sylvania, bounded and described as follows: ON the North by property for- N merly of Paul F. Orner and wife, now la$ E. $(1YM or formerly of Elizabeth K. Bupp, Caft% 8010, known as 55 South Bedford Street; on the East by lot formerly of George 5* Rinesmith, later of Alice Williams, and now or formerly of Gertrude M. Ginter, known as 109 East Pomfret Street; on the South by property formerly of Raymond Zinn, now or formerly of Thurston G. Frazier, known as 61 South Bedford Street; and on the West by 60 feet wide South Bedford Street. THE above described tract of land contains 17 feet 6 inches, more or less, in front along the eastern line of 60 feet wide South Bedford Street, and extends eastwardly therefrom at an even width a dis- tance of 60 feet, and has thereon erected a two-story frame attached dwelling house known as and num- bered 57 South Bedford Street. TOGETHER with and subject to rights in a pedestrian alleyway ex- tending eastwardly from South Bedford Street, as the same now exists, for the benefit of the owners and occupiers of the within de- scribed premises known as 57 South Bedford Street, and the owners and occupiers of the premises adjoining on the North known as 55 South Bedford Street, and their respec- tive heirs, assigns, personal repre- sentatives, and successors in title. HAVING THEREON ERECTED A DWELLING KNOWN AS 57 S. BED- FORD STREET, CARLISLE, PENN- SYLVANIA 17013. BEING THE SAME PREMISES WHICH Ralph L. Deitch and Linda K. Deitch by deed dated 9/23/87 and recorded 9/24/87 in Deed Book Y-32, Page 298 granted and con- veyed unto Scott R. Spahr. By deed 6/24/91, recorded 7/2/91 in Deed Book E-35, Page 918 Scott R. Spahr conveyed one-half interest unto Tim W. Spahr and Margaret S. Spahr; by deed dated 1/22/93 and record- ed in Deed Book C 36, Page 511 Tim W. Spahr and Margaret S. Spahr conveyed their one-half interest back into Scott R. Spahr. TO BE SOLD AS THE PROPER- TY OF SCOTT R SPAHR ON JUDG- MENT NO. 2002 01641. PARCEL #03-21-0320-022. i 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 Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of July and the 6th day(s) of August 2002. 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 andl 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 Sworn to and sub this 14th day o?ugu 002 A.D. S A L E #75 Notarial Seal , REAL ESTATE SALE No. 75 Terry L. Russell, Notary Public / ?? Writ No. 2002-1641 Dauphin County Civil Term City of Harrisburg, x ires ju FederalNatlonal my commission Expires June 6, 2006 NO ARY PUBLIC Mortgage Association Member. Pennsylvania Association Of Notane My commission expires June 6, 2006 vs Scott R. Spahr DESCRIPTION . Leon P. Haller CUMBERLAND COUNTY SHERIFFS OFFICE ALL THAT CERTAIN house and lot of ground CUMBERLAND COUNTY COURTHOUSE situated in the Second Ward of the Borough of CARLISLE, PA. 17013 Carlisle, Pennsylvania, Cumberland County, Pennsylvania, bounded anddescribed as follows: ON THE NORTH by property formerly of Paul F. Statement of Advertising Costs Omer and wife, now 'or formerly of Elizabeth K. Bupp, known as 55 South Bedford Street; on the To THE PATRIOT-NEWS CO., Dr. East by lot formerly of George Rinesmith, later of For publishing the notice or publication attached Alice Williams, and now or formerly of Gertrude M. Ginter, known as 109 East Pomfret Street; on hereto on the above stated dates $ 278.40 the South by property formerly of Raymond Zinn, Probating same Notary Fee(s) $ 1.75 now or formerly of Thurston G. Frazier, known as 61 South Bed- ford Street; and on the West by 60 Total $ 280.15 feet wide South Bedford Street. THE ABOVE described tract of land contains 17 feet 6 inches, more or less, in front along the Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By ................................................................ eastern line of 60 feet wide South Bedford Street, and extends castwardly there from at an even width a distance of 60 feet, and has thereon erected a two-story frame attached dwelling house known as and numbered 57 South Bedford Street. TOGETHER with and subject to rights in a pedestrian alleyway extending eastwardly from South Bedford Street, as the same now exists, for the benefit of the owners and occupiers of the within described premises known as 57 South Bedford Street, and the owners and occupiers of the premises adjoining on the North known as 55 South Bedford Street, and their respective heirs, assigns, personal representatives, and successors in title. HAVING thereontrected a dwelling known as 57 S. Bedford Street, Carlisle, Pennsylvania 17013. BEING THE same premises which Ralph L. Deitch and Linda K. Deitch by deed dated 9/23/ 87 and recorded 9/24/87 in Deed Book Y-32, Page 298 granted and conveyed unto Scott R. Spahr. By deed 6/24/91, recorded 7/2191 in Deed Book E- 35, Page 918 Scott R. Spahr conveyed one-half interest unto Tim W. Spahr and Margaret S. Spahr; by deed dated 1/22/93 and recorded in Deed Book C 36, Page 511 Tim W. Spahr and Margaret S. Spahr conveyed their one-half interest back into Scott R. Spahr. TO BE SOLD as the property of Scott R. Spahr on Judgment No. 2002 01641. PARCEL A03-21-0320.022.