Loading...
HomeMy WebLinkAbout06-5272 Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 171 02 717.234.4178 mtg@pkh,com W ACHOVIA BANK NATIONAL ASSOCIATION F/KJA FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff ACTION OF MORTGAGE FORECLOSURE vs. KIMBERLY S. MCNAIR ot. - S~ '1~ c.;u iL 't ER.rrt Defendant THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, PA 17013 717.249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUT AMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA. EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU P ARTICIPACION. 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 IMPORT ANTES. 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.Y CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOClATION 2 LffiERTY AVENUE CARLISLE, PA 17013 717-249-3166 W ACHOVIA BANK NATIONAL ASSOCIATION F!K/ A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE vs. KIMBERLY S. MCNAIR, Defendant THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose, The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor, Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor, PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff W ACHOVIA BANK NATIONAL ASSOCIATION FIKIA FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA tJ~ -6:l- 7.L CIVIL ACTION - LAW Plaintiff ACTION OF MORTGAGE FORECLOSURE vs. KIMBERLY S. MCNAIR Defendant COMPLAINT IN MORTGAGE FORECLOSURE I. Plaintiff, W ACHOVIA BANK NATIONAL ASSOCIATION FIKIA FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, pursuant to a Trust indenture dated as of April I , 1982 ("Trust"), is a National Associatipn with a servicing agent of Pennsylvania Housing Finance Agency, with an address of211 NORTH FRONT STREET, P.O. BOX 8029, HARRISBURG, PENNSYLVANIA 17101. 2, Defendant, KIMBERLY S. MCNAIR, is an adult individual whose last known address is 210 SHUGHART AVENUE, BOILING SPRINGS, PENNSYLVANIA 17257, 3. On or about, January 28, 1999, the said Defendant executed and delivered a Mortgage Note in the sum of $77,800,00 payable to GATEWAY FUNDING DIVERSIFIED MORTGAGE SERVICES, L.P., 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 15160, Page 695 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 602, Page 216. The Mortgage was subsequently assigned to W ACHOVIA BANK NATIONAL ASSOCIATION FIKIA FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY and was recorded in the aforesaid County in Mortgage Book 685, Page 451, The said Mortgage and Assignments are incorporated herein by reference. 5, The land subject to the Mortgage is: 53 GILBERT ROAD, SHIPPENSBURG, PENNSYLVANIA 17257 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 May 01,2006 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $68,133.11 $1,731.18 Interest at $9.46 per day From 04/01/2006 To 10/01/2006 (based on contract rate of 5.0000%) Accumulated Late Charges $549.49 Late Charges $16.71 From 05/01/2006 to 10/01/2006 $100.26 Escrow Balance (Deficit) $738,67 Attorney's Fee at 5% of Principal Balance $3,406,66 TOTAL $74,659.37 **Together with interest at the per diem rate noted above after October 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 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. Notice of Intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No.6 of 1974 is not required in that the original principal balance exceeds $50,000,00. 10, Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring her within the Soldiers and Sailors Relief Act of 1940, as amended. 11. 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 July 13, 2006, notifying her of the fact of default, amount needed to cure the delinquency and that if her account was not timely reinstated, a foreclosure action would be filed, A copy of the July 13, 2006 notice is attached hereto and marked as Exhibit "C". WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 5.0000% ($9.46 per diem), to .th other charges and costs including escrow advances incidental thereto to the date of Sheriff s S or foreclosure and sale of the property within described. By: , UG & HALLER o . Haller, Esquire ttorney for Plaintiff J.D. # 15700 1719 N, Front Street Harrisburg, PA 17102 (717-234-4178) L Multistate ORIGINJ.\L NOTE FHA-127G81 r--it;-j? ]) FHA Case No. 441-590442-0 JANUARY 28, 1999 [Dale] 53 GILBER ROAD SHIPPENSBURG, PA [Property Address] 17257 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means GATEWAY FUNDING DIVERSIFIED MORTGAGE SERVICES, L.P, and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of Thousand Eight Hundred and no/l00 Seventy Seven Dollars (V.S, $ 77,800.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Five percent ( 5 , 000 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrumentprotects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on MARCH 1999, . Any principal and interest remaining on the first day of FEBRUARY 2029 , will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be madeM 500 Office Center Drive, Suite 325 Fort Washington, Pa 19034 or at such place as Lender may designate in writing by notice to Borrower, (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 417.65 . This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note Cor payment adjusbnents If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporatedinto and shall amend and supplementthe covenants oC this Note as if the allonge were a part of this Note. [Check applicable box) D Graduated Payment AllongU Growing Equity Allonge D Other [specify] 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amountprepaidfor the remainderof the month to the extent required by Lender and permittedby re~ations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. . . _ FlIA MuJtlstate Flxel! Rate Note. 10195 ~-'R[9601J.O' CE> VMP MORTGAGE FORMS. (800jS21.72&i / l J../i Papelof.<. Jnjtil!.llr:~ 1001R1.Frm IIIII~ IIJIII~ 111111 1111 1111/111 EXlUBITfJ FHA-127681 , " ~_ (\L ~ .'~.,,~ ~..~.) 1 i,.. i'r') 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 Instrument, as describe~ 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% (four) %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize accelerationwhen not permittedby HUDregulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law, Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note, 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "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 first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBUGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the 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 BEWW, Borrower accepts and agrees to the terms and covenants contained in this Note. ~ > /J171-- , KIMB Y S MCNAIR (Seal) -Borrower (Seal) ~Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower .. .1R (9501).O1 ., Pag_ 2 of 2. (Seal) F'tNNSY/. Vft..MA HOUl::W" r: -Borrower Payythe order of ' U \:l [NANCE AGENCY wit.'1I0l.lt reoour.~ (Seal) ~leWey Funding Diversified Mort'..,. -Borrower erv! 8, L.P. "'\ / y' General Pertner: Gale~."'.';lng, Ino! 7 . r- ';~~1{t-/ Anthony . Brunei _.ld,,_.. Asst. Vice President (Seal) -Borrower l00lR2.Frrn \ , ALL THAT CERTAIN lot of ground situate in Southampton Township, CUmberland County, pennsylvania, more fully bounded and described as follows: BEGINNING at a spike in the centerline of Legislative Route 21006 and corner of land now or formerly David L. Wilson and Donna J. Wilson, his wife; thence along the said centerline, north fifty-one (51) degrees fourteen (14) minutes twenty (20) seconds east, one hundred (100) feet to a spike; thence by lands now or formerly of John A. Smith and Ogal J. Smith, his wife, south seven (07) degrees east, two hundred thirty-five and three tenths (235,3) feet to an iron pin; ,thence by the same, south fifty-one (51) degrees fourteen (14) minutes twenty (20) seconds west one hundred (100) feet to an iron pin and line of land now or formerly of David L. Wilson and Donna J, Wilson, his wife; thence by the same, north seven (07) degrees west, two hundred thirty-five and three tenths (235.3) feet to a spike in the centerline of Legislative Route 21006, the place of BEGINNING. TOGETHER with a fifteen (15) foot perpetual easement and a free, uninterrupted and unobstructed right-of-way in favor of the Grantees and their heirs and assigns for the purpose of constructing, installing, erecting. laying, using, operating, maintaining. inspecting, repairing, relaying, enlarging, and adding to, from time to time, solely at Grantor's expense, a sewer line, including conduits, pipes, and accessories and appurtenances, upon over and under, the lands of the Grantor hereinafter described, together with all rights of ingress, egress, and regress into, over, upon, through along and from said land which are necessary or convenient for full and complete use by the Grantees, their heirs, administrators, successors and assigns of the said right-of-way and privileges herein granted, to place surface markers beyond said strip, to clear and keep cleared all trees, roots, brush and other obstruction from the surface and sub-surface of said right-of-way. THE LOCATION of said easement is described as follows: Fifteen (15) foot wide perpetual easement and right-of-way measured from the southern berm of Legislative Route 21006 and located along the entire width of other property now or formerly of Lincoln E, Reed, known as Lot NO.1 pursuant to survey draft prepared by William A. Brindle, R.S., dated October 30, 1972, and more specifically described as Tract No. 1 in Cumberland County Deed Book 123, page 774, EXln~\IIT 8 - P E N'N S Y L VA N~A H 0 U SIN G F I .N C E Homeownership Programs Division 211 North Front Street P.O. Box 15057 Harrisburg, Pennsylvania 17105-5057 (717) 780.3870/TTY (717) 780.1869 AGENCY CERTIFIED MAIL . RETURN RECEIPT REQUESTED July 13, 2006 RE: Account NO: 812131 KIMBERLY S MCNAIR 53 GILBERT ROAD SHIPPENSBURG PA 17257 RE: 53 GILBERT ROAD SHIPENSBURG PA 17257 Dear Occupant(s): NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by CORES TATES BANK, NA, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY (hereinafter we, us or ours) on your property located at 53 GILBERT ROAD SHIPENSBURG PA 17257 IS IN SER!OUS DEFAULT because you have not made the monthly payments of 565.00 for May 01, 2006 through July 01, 2006 for a total of $1,695.00. Late charges and NSF charges that have accrued to this date in the amounts of $33.42 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 $3,302.39. You may cure this default within thirty (30) DAYS of the date of this letter, by paying to us the total amount of $3,302.39, 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 oavrnents. 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 orooertv. sold case If the mortaaae is foreclosed, your mortaaaed orooertv will be bv the Sheriff to oav off the mortaaae debt. If we refer your to our attorneys, but you cure the default befo~e ~~~~begin ~_ EXHL...- legal'proceedings tltinst you, you will sJlll 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 vou cure the default within the thirtv dav Deriod. vou will not be reauired to Dav at. tornev'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 riaht to cure the default and Drevent the sale at anv time UD to one hour before the Sheriff's foreclosure sale. You mav do so bv Davina the total amount of the unDaid month, Iv Davrnents and anv late or other charaes then due. as well as the reasonable attornev's fees and costs connected with the foreclosure sale and Derform anv other reauirements under the mortaaae. 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 mortaaae will be restored same Dosition 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 premiums with your payments may have already resulted or may result in the future in the lapse or a cancellation of that insurance by the insurance company. If the insurance lapses or is cancelled, reinstatement of the loan will not reinstate the insurance, and you will have to apply to the insurance compa~and wish to retain it. quality for rePlace. insurance if you If you make partial payments on account of the delinquencies, we may accept them and apply them to the delinquencies. However, such partial payments will not cure your default or reinstate your loan. The loan will not be reinstated unless we receive the entire amount required to cure the default. SinF)relY, i ~Wuw- ~, q~ fJ 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,1 ~ 4It 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) 780'3870/TTY (717) 780.1869 AGE N C Y NOT ICE July 13, 2006 KIMBERLY S MCNAIR 53 GILBERT ROAD SHIPENSBURG PA 17257 RE: Account#: 812131 TO: KIMBERLY S MCNAIR 53 GILBERT ROAD SHIPPENSBURG PA 17257 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 ("BUD") 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, PA 17602 (717) 397.5182 Housing Council of York 35 South Duke Street York, PA 17401 (717) 854.1541 71bO 3901 9&~9 65D1 1756 TO: KIMBERLY S MCNAIR 53 GILBERT ROAD SHIPPENSBURG, PA 17257 SENDER: REFERENCE: PS Fonn 3600 2005 RETURN PooIage RECEIPT Cer1lIIedFee SERVICE .;~ Retum I -..vJfo" Fee _ OeIMIry ToIoJ PooIogo & US Postal Service Receipt for Certified Mail No Insurllnce CCNer&g6 ~~ Do Not Use fer International Mail GOOD 812131 ~ " 4,88 nnhuu_n..n.u.d_u___'~'_u_...n.____ .--.__...n.....n...___.....__Uh.._.hh_....... , 1 i , !Ol~>~ w 0:' 53. :O:O~ Cf:: ~ " - C ft.' - ~ .. v. Ct: ,''-~ '.'" \ l~_ -', i~E ," ,..,. .." (".:1 .:/1 ..,I ...,. .~' ...,,". +' ..., t.' -:lJ i::) .', ,.. .:," llC II nlZ rn -1):1 -! cm C llrC;D ZnlZZ (') I\J -1-ir-l 0 00)>0 lIJ H 0 tn1JZtn mOroni ... Zlltl2 t:l~ I;l nil> III ll:l> II I;l I\J UJ o CP "- ,.. cp' ". o (, 2 H )( H m U)v>;>; ::r:""~ =aOtJj ;:g~tI1 2:tI1~ ~~-< ~:;dU) OOS::: . :> (') "dt12: :: ~ -.J N V> -.J :3l ~ C :3l Z ::0 m ~ ~ ~ m o - . ~ ~ ~ .. ~ ~ '" ".. ~ --.:l, ...... C79 ' ---<;:. -' ' '..)-' ....J;) .' . .;,;- . .~ s: '7' 0 UNfitb ~ ;?h..: <"'3:, I.$}, r.1:.-'- ~'U\. ~ [!l L>l>- ~--": ~ ..... ~- "..) ~ ", fL' 'd ? f ~~\~ /$ , l!:r;';;/ ~ ~9 m; . ,fp rl .--' ,~. ~- ", t;:~ VERlFlCA 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 I 8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.. Date: 09--07,OlP An~J~ Director of Accounting and Loan Servicing PENNSYLVANIA HOUSlNG FINANCE AGENCY SERVICING AGl!NT FOR W,\CHOVIA BANK, NATIONAL ASSOCIAnm.r Fif(/A PIRST UNION NATIONAL BANK, f," 3ucn:. ~.)R TRUSl'BB FOR: PENNSYLVANIA kJ(,\.:iING ..'c.. lNCE AGENCY -- ~ "0- ~~ G1'l V\ Ul - ):3 () ~ ~ -:cJ ~ f -J ,..~ ,~".., LJ <7' (/) i"i", ..'U I co 8 o -n ~::bl --O\::, ",,;J L_~~ <~:\ '~., ..H ""'>. --~c- >~,;. ( ) ~~~ In (~"f ' ~ -:'., :':)'.~ >:,.) c:J .. Leon P. Haller Purcell, Krug & Haller 1719 N. Front Street Harrisburg, PA 17102-2392 (717) 234-4178 lhaller@pkh.com WACHOVIA BANK, NATIONAL ASSOCIA- TION F/K/A FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff VS. KIMBERLY S. MCNAIR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 06-5272 Civil Term IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PROTHONOTARY: Please mark the above case settled and discontinued, without prejudice. DATE: October 4. 2006 PURCELL~/KRUG & HALLER BY'~I Leon P. Haller ID #15700 Attorney for Plaintiff 'C5 = 0"" o <- ~~ I U1 o -n -\ :C-r, ~~)~, '. \ ~:~j ~;;~~ -0 .-:,:'" ..;:... jP, <;>- "Cl ::< r..:? c.n SHERIFF'S RETURN - REGULAR . CASE NO: 2006-05272 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK NATIONAL ASSOCIA VS MCNAIR KIMBERLY S KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MCNAIR KIMBERLY S the DEFENDANT , at 1843:00 HOURS, on the 22nd day of September, 2006 at 210 SHUGHART AVENUE BOILING SPRINGS, PA 17007 by handing to MARLENE MCNAIR, MOTHER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: Sworn and Subscibed 6.00 6.16 .00 10.00 .00 22 .16 ~ 09/25/2006 I I ;1 _ PURCELL KRUG 10 Olf b& 'r' to By: ~~~,~ R. Thomas Kline HALLER before me this day of A.D. SHERIFF'S RETURN - REGULAR . CASE NO: 2006-05272 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK NATIONAL ASSOCIA VS MCNAIR KIMBERLY S KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TENANTS/OCCUPANTS the DEFENDANT , at 1846:00 HOURS, on the 14th day of September, 2006 at 53 GILBERT ROAD SHIPPENSBURG, PA 17257 by handing to TRACY BOMGARDNER, RENTER 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 Sworn and Subscibed 6.00 .00 .00 10.00 .00 16.007 jl?1~41~1,C} to So An;~~ R. Thomas Kline 09/25/2006 PURCELL KRUG HALLER By: before me this day of A.D. SHERIFF'S RETURN - NOT FOUND . CASE NO: 2006-05272 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WACHOVIA BANK NATIONAL ASSOCIA VS MCNAIR KIMBERLY S R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MCNAIR KIMBERLY S but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , MCNAIR KIMBERLY S 53 GILBERT ROAD SHIPPENSBURG, PA 17257 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 17.60 5.00 10.00 .00 50.60/ 'ol'lflf)~ ~ Subscribed to before s~~ R. Thomas lne Sheriff of Cumberland County PURCELL KRUG HALLER 09/25/2006 Sworn and me this day of A.D.