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HomeMy WebLinkAbout02-3378WACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff VS. LORi D. GILBERT Defendant iN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~e'~Tg 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 let 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 ~laim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights ~mportant 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 HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 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 BARASSOC1ATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 WACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff VS. LORI D. GILBERT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, WACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, pursuant to a Trust indenture dated as of April 1, 1982 ('Trust"), is a National Association with a servicing agent of Pennsylvania Housing Finance Agency, with an address of 2101 North Front Street, Harrisburg, Pennsylvania 17105. 2. Defendant, LORI D. GILBERT, is an adult individual, whose last known address is 3429 BEDFORD DRIVE, CAMP HILL, PENNSYLVANIA 17011. On or about, November 22, 1996, the said Defendant, executed and delivered a Mortgage Note in the sum of $67,200.00 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, Defendants 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 1354, Page 1011 conveying to original Mortgagee the subje~ct premises. The Mortgage was subsequently assigned to PENNSYLVANIA HOUSING FINANCE AGENCY and recorded in the aforesaid County in Mortgage Book 617, Page 730. The Mortgage was subsequently assigned to WACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY and will be sent for recording. The Said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 3429 BEDFORD DRIVE, CAMP HILL, PENNSYLVANIA 17011 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 March 01, 2002 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $63,182.57 Interest at $12.98 per day From 02/01/2002 To 08/01/2002 ( based on contract rate of 7.500%) $2,751.76 Accumulated Late Charges $281.61 Late Charges $23.49 From 03/01/2002 to 08/01/2002 $164.42 Escrow Balance $46.41 Attorney'sFee~5% of PrincipalBalance TOTAL $3,159.13 $69,585.9O **Together with interest at the per diem rate noted above after August 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 thesale, 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. Novenber 22. 1996 0P2iP HILL Iz~] 1. BO~OWER'S PROM~E TO PAY ~) D~ault delivering il orby mailingit by Fa~t class mailto meat ~he Properly Address above or at a diffex~nt addre~ ifI giv~the Note Holder a notice of my different addre~, . Note Holder at the addrezs stated in Section 3(A) above or at a different addre~ if I am give~ a notice of that different 8. OBLIGATIONS OF PERSONS UNDERTHIS NOTE WITNESS TH~ HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Se~l) (S~l) (Seal) (Stol) (Sign Original Onlyl ¥ileN~m~r=960320 (: ' SCHEDUI~ -CONTINUED A~L THAT CERTAIN piece or parcel of land situate in Rampden Township, Cumberland County, Pennsylvania, hounded and described as follows, to wit= BEGINNING at a point on the south side of Redford Drive, ?6.66 feet west of the line dividing the Borough of C~mp Rill and Rampden Township~ thence along a line parallel with the eastern line of Lot No. 234 as shown on the hereinafter mentioned plan of lots and 2 feet therefrom, South 05 degrees 57 ~/nutes East, 105 feet to the line of Lot No. 237; thence along llne of Lot No. 23?, South 84 degrees 03 m/nutes West, 80 feet to a point~ thence along a line parallel with the eastern line of Lot No. 233, North 05 degrees 5? minutes West, 105 feet to the side of ~edford Drive; and thence along the south side of Redford Drive, 80 feet to the place of BEGI~NING~ 8RING the westerly two feet of Lot No. 235 and the easterly ?8 feet of Lot No. 234 as shown on the Plan of Part of Rollywood Development as recorded in Plan Rook 9, Page 17, Cumberland County records. ~-~VING thereon erected a single family dwelling known and nu~ered as 3429 Bedford Drive, Camp Rill, Bennsylvanla. RRING the same premises which Wesley F. Shank, widower, hy Deed da~ed July 5, 1974 and recorded July 9, 1974 in the Office of the Recorder of Deeds in and for Cu~erland County, Pennsylvania, in Deed Rook X-25, page ?42, granted and conveyed unto'Joseph W. Rules and Genevieve M. Kulas, his wife. 1354 VERIFICATION Donald J. Plunkett hereby states that he is the Assistant Executive Director for Single Family Programs of the Pennsylvania Housing Finance Agency, mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are tree and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. Date: Assistant Executive Director for Single Family Programs SHERIFF'S RETURN - CASE NO: 2002-03378 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK NATIONAL ASSOC VS GILBERT LORI D REGULAR BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GILBERT LORI D the DEFENDANT , at 1355:00 HOURS, at 3429 BEDFORD DRIVE CAMP HILL, PA 17011 KELLY GLADFELTER, BOYFRIEND on the 19th day of July , 2002 by handing to 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 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this ~ day of J P~othonotary So Answers: R. Thomas Kline 07/22/2002 ~~ PURCELL KRUGHA/~LER Deputy Sheriff WACHOVIA BAiqK, NATIONAL ASSOCIATION P/K/A FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. LORI D. GILBERT, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002 3378 IN MORTGAGE FORECLOSURE P RA E C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendant LORI D. GILBERT for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid principal balance Interest (Per diem of $12.98 from 2/1/02 to 8/1/02) Accumulated late charges Late charges {$23.49 per month to 8/02) Escrow Deficit 5% Attorney's Commission $63,182.57 $ 2,751.76 $ 281.61 $ 164.42 $ 46.41 $ 3,159.13 TOTAL $69,585.90** ** Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. Leon P. Haller PA I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 K:/MKFiDOCS/CUMBERLA/GILBBRT p WACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. LORI D. GILBERT, DEFEND/~NT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002 3378 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on AUGUST 14, 2002 I served the Ten Day Notice required by Pa. R.C.P. 237.1 on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. By Leon P. Haller PA I.D. #15700 Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front St. Harrisburg, PA 17102 WACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff VS. LORI D. GILBERT Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3378 : CIVIL ACTION LAW : IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: AuguSt 14, 2002 TO: LORI D. GILBERT 3429 BEDFORD DRIVE CAMP HILL, PA 17011 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED T° OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 PURCELL KRUG & HALI,'ER _ LEON P. HALLER, Attorney for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 WACHOVIA BANK, NATIONAL ASSOCIATION P/K/A FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. LORI D. GILBERT, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002 3378 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the above named are not in the Military or Naval Service engaged in any way which would bring them within the Sailors Relief Act of 1940, as amended. Defendant(s} nor are they Soldiers and Sworn to and subscribed : before Me this // day : of~p/-z- 20 ~2~ : "No~py PuB1Fc LEON P. HALLER, ESQUIRE NOTARIAL SEAL MARYLAND K. FERRETTI, Notary Public f Lower Paxton Twp., Dauphin County My Commission Expires Aug. 8, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2002 3378 WACHOVIA BANK NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. LORI D. GILBERT, DEFENDANT(S) TOTAL AMOUNT OF JUDGMENT $69,585.90 ~ Interest at $12.98 per diem to sale date $ 1,622.50 Late charges at $23.49 per month to sale date $ 70.47 Escrow Deficit $ 2,000.00 TOTAL $73,278.87* *SALE DATE: WEDS.,DEC. 4, 2002 (PROTHONOTARY'S USE) Plaintiff Attorney Sheriff This Writ PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183 TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captione~se. Date: September 11, 2002 · Attorney for Plaintiff 1719 North Front Street Leon P. Haller Harrisburg, PA 17102 PA I.D. #15700 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND : TO THE SHERIFF OF CUMBERI=~ND 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 3429 BEDFORD DRIVE, CAMP HILL, PENNSYLVANIA 17011. Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY K/M KF/DOCS/CU M B ERLA/GILBE RT W WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-3378 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff (s) From LORI D. GILBERT (I) You are directed to levy upon the property of the defendant (s)and to sell SEE ATTATCHED LEGAL DESCRIPTION. 3429 BEDFORD DRIVE, CAMP HILL, PENNSYLVANIA 17011. (2) Y°u are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount DueS69,585.90 L.L.$.50 Interest AT $12.98 PER DIEM TO SALE DATE $1,622.50 Late charges at $23.49 PER MONTH TO SALE DATE $70.47 Atty's Comm % Due Prothy $1.00 Atty Paid $114.66 Other CostsEscrow deficit Plaintiff Paid $2,000.00 Date: September 11, 2002 (Seal) REQUESTING PARTY: Name Leon P. Hailer, Esq. Address: 1719 North Front Street Harrisburg, PA 17102 Attorney for: Plaintiff Telephone: 717-234-4178 Supreme Court ID No. 15700 CURTIS R. LONG Prothonotary ~/ Deputy WACHOVIA BANK, NATIONAL : ASSOCIATION F/K/A FIRST UNION : NATIONAL BANK, AS TRUSTEE FOR : PENNSYLVANIA HOUSING FINANCE : AGENCY, : PLAINTIFF : VS. : LORI D. GILBERT, : DEFENDANT : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002 3378 IN MORTGAGE PORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug &Raller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 3429 BEDFORD DRIVE, CAMP HILL, PA 17011: 1. Name and address of the Owner(s) or Reputed Owner(s): Lori D. Gilbert 3429 Bedford Drive Camp Hill, PA 17011 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: LrNKNO~,fi'~' 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: %rNKNOW'N 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY ... Kelly Gladfelter 3429 Bedford Drive Camp Hill, PA 17011 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Leon P. Hailer /PA I.D. ~15700 Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 11, 2002 WACHOViA BANK, ~ATIONAL : ASSOCIATION P/K/A FIRST UNION : NATIONAL BANK, AS TRUSTEE FOR : PENNSYLVANIA HOUSING FINANCE : AGENCY~ : PLAINTIFF : VS. : LORI D. GILBERT, : DEFENDANT : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002 3378 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) held: DATE: WEDNESDAY, DECEMBER 4, 2002 TIME: 10:00 O'clock A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 will be 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: 3429 BEDFORD DRIVE CAMP HILL CUMBERLAND COUlqTY PENI~SYLVANIA THE JUDGMENT in the amount of $69,585.90 under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2002 3378 is: THE NAME (S) OF THE OWNER (S) OR REPUTED OWNERS of this property LORI D. GILBERT A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your riqhts YOU MUST ACT PROMPTLY. - ' YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: i. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware efa legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ~LL TBAT CERTAIN piece or parcel of land situate in Hampden Township, Cua~berland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the south side of Bedford Drive, 76.66 feet west of the line dividing the Borough of Camp Hill and Hampden Township; thence along a line parallel with the eastern line of Lot No. 234 as shown on the hereinafter mentioned plan of lots and 2 feet therefrom, South 05 degrees 57 minutes East, 105 feet to the llne of Lot No. 237; thence along line of Lot No. 237, South 84 degrees 03 minutes West, 80 feet to a point; thence along a line parallel with the eastern line of Lot No. 233, North 05 degrees 57 minutes West, 105 feet to the side of Bedford Drive; and thence along the south side of Bedford Drive, 80 feet to the place of BEGINNING. BEING the westerly two feet of Lot No. 235 and the easterly 78 feet of Lot No. 234 as shown on the Plan of Part of Hollywood Development as recorded in Plan Book 9, Page 17, Cumberland County records. HAVING thereon erected a single family dwelling known and numbered as 3429 Bedford Drive, Camp Hill, Pennsylvania. BEING THE SAME PREMISES WHICH John W. Kulas by his attorney-in- fact, Genevieve K. Jacoby, by deed dated 11/19/96 and recorded 12/4/96 in Deed Book 150, Page 96, granted and conveyed unto Lori D. Gilbert. TO 8E SOLD AS THE PROPERTY OF LORI D. GILBERT ON JUDGMENT NO. 2002 3378. ASSESSMENT: #10-21-0275-051 WACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION PENNSYLVANIA NATIONAL BANK, AS TRUSTEE FOR : PENNSYLVANIA HOUSING FINANCE : AGENCY, : PLAINTIFF : VS. : LORI D. GILBERT, : DEFENDANT : : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, CIVIL ACTION - LAW 2002 3378 IN MORTGAGE FORECLOSURE SUPPLEMENTAL AFFIDAVIT PURSU/tNT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug &Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 3429 BEDFORD DRIVE, CAMP HILL, PA 17011: 1. Name and address of the Owner(s) or Reputed Owner(s): Lori D. Gilbert 3429 Bedford Drive Camp Hill, PA 17011 2. Name and address of Defendant(s) different from that listed in (1) above: in the Judgment, if SAME 3. Name and address of every j ud~%%ent creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW) : 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY ... Kelly Gladfelter 3429 Bedford Drive Camp Hill, PA 17011 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Members 1st Federal Credit Union 5000 Louise Drive P.O. Box 40 Mechanicsburg, PA 17055 Karl M. Ledebohm, Esquire 2109 Market Street Camp Hill, PA 17011 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. /~ Leon P~~~ #15700 ~1, Krug & Hall~er 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: October 28, 2002 WACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK, AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. LORI D. GILBERT, FORECLOSURE IN THE COURT OF COMMON PLEAS CUMBERLAi~D COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : 2002 3378 : : DEFENDANT : IN MORTGAGE RETURI~OF SERVICE I hereby certify that I have deposited in 'the U.S. Mails at Harrisburg, Pennsylvania on ~-/~-~ ~/~-27~2 a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail. Service addresses are as follows: Lori D. Gilbert 3429 Bedford Drive Camp Hill, PA 17011 Kelly Gladfelter 3429 Bedford Drive Camp Hill, PA 17011 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Members 1st Federal Credit Union 5000 Louise Drive P.O. Box 40 Mechanicsburg, PA 17055 Karl M. Ledebohm, Esquire 2109 Market Street Camp Hill, PA 17011 By PUR~ ~.'LL At torne~ f o~/P 1 a~.n~ ff 1719 N/~'rth Front Street Harr~burg, PA 171.02 (717) 234-4178 JOHN W. PURCELL HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR. BRIAN J. TYLER JILL M. W1NEKA NOTICE TO: LAW OFFICES PURCELL, KRUG AND I-L4LLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102~2392 TELEPHONE (717) 234-4178 FORECLOSURE DEPT. FAX (717) 234-i[206 (717) $33-3836 JOSEPH NISSLEY (1910-1982) ANTNON¥ II~ANTO IF r-OIINSEL IIEISII~ 1099 GOVERNOR ROAD Lori D. Gilbert 3429 Bedford Drive Camp Hill, PA 17011 Kelly Gladfelter 3429 Bedford Drive Camp Hill, PA 17011 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Members 1st Federal Credit Union 5000 Louise Drive P.O. Box 40 Mechanicsburg, PA 17055 Karl M. Ledebohm, Esquire 2109 Market Street Camp Hill, PA 17011 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 1 attached hereto. · YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, bY~ notified of said Sheriff,s Sale. ~// ~al~ ~I.D.15700 Attorney for Plaintiff WACHOVIA BANK, NATIONAL : ASSOCIATION F/K/A FIRST UNION : NATIONAL BANK, AS TRUSTEE FOR : PENNSYLVANIA HOUSING FINANCE : AGENCY, : PLAINTIFF : VS. : LORI D. GILBERT, : DEFENDANT : IN THE COURT OF COMMON PLEAS CUMBERIJtND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002 3378 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 Properlzy (real estate) will be held: DATE: WEDNESDAY, DECEMBER 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: 3429 BEDFORD DRIVE CAMP HILL CUMBERLAND COIINTY PENNSYLVANIA THE JUDGMENT in the amount of $69,585.90 under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2002 3378 K:/MKF~DOCS\CUMBERLA\GfLBERT. NOS is: THE NAME(S) OF THE OWNER(S) OR REPUTEr) OWNERS of this property LORI D. GILBERT A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE 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 PAY THE 0uDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights YOU MUST ACT PROMPTLY. ' YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MI;ST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County-. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 · ~LL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the south side of Bedford Drive, 76.66 feet west of the line dividing the Borough of Camp Hill and Hampden Township; thence along a line parallel with the eastern line of Lot No. 234 as shown on the hereinafter mentioned plan of lots and 2 feet therefrom, South 05 degrees 57 minutes East, 105 feet to the line of Lot No. 237; thence along line of Lot No. 237, South 84 degrees 03 minutes West, 80 feet to a point; thence along a line parallel with the eastern line of Lot No. 233, North 05 degrees 57 minutes West, 105 feet to the side of Bedford Drive; and thence along the south side of Bedford Drive, 80 feet to the place of BEGINNING. BEING the westerly two feet of Lot No. 235 and the easterly 78 feet of Lot No. 234 as shown on the Plan of Part of Hollywood Development as recorded in Plan Book 9, Page 17~ Cumberland County records. HAVING thereon erected a single family dwelling known and numbered as 3429 Bedford Drive, Camp Hill, Pennsylvania. BEING THE SAME PREMISES WHICH John W. Kulas by his attorney-in- fact, Genevieve K. Jacoby, by deed dated 11/19/96 and recorded 12/4/96 in Deed Book 150, Page 96, granted and conveyed unto Lori D. Gilbert. TO BE SOLD AS TH~ PROPERTY OF LORI D. GILBERT ON JUDGMENT NO. 2002 3378. ASSESSMENT: #10-21-0275-051 Re: PHFA v. Gilbert Cumberland 12/4/02 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller 1719 North Front Street Postage: Harrisburg, PA 17102 One piece of ordinary mail addressed to: Lori D. Gilbert 3429 Bedford Drive Camp Hill, PA 17011 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: Kelly Gladfelter 3429 Bedford Drive Camp Hill, PA 17011 Pos tmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILI~ (In compliance with Postal Servic~ Form 3877) Received from: Purcell, Krug &Haller ~qtage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addresse Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Re: PHFA/GILBERT, LORI D. CUMBERLAND COUNTY -SALE- 12/04/02 U. S. POSTAL SERVICE CERTIFICATE OF MAILIN~ (In compliance with Postal Service Fo~ 3877) Received from: Purcell, Krug &Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Members 1st Federal Credit Union 5000 Louise Drive P.O. Box 40 Mechanicsburg, PA 17055 U. S. POSTAL SERVIC~ CERTIFICATE OF MAILIN~ (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: Karl M. Ledebohm, Esquire 2109 Market Street Camp Hill, PA 17011 Postmark: Wachovia Bank, National Association f/k/a First Union National Bank as Trustee for Pennsylvania Housing Finance Agency VS Loft D. Gilbert In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-3378 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Leon P. Hailer. Sheriff' s Costs: Docketing 30.00 Surcharge 20.00 Law Library .50 Prothonotary 1.00 Mileage 17.94 15.00 Levy Advertising 15.00 Posting Handbills 15.00 Share of Bills 25.20 Poundage 14.94 Law Journal 325.85 Patriot News 280.15 Certified Mail 1.53 $ 762.11 paid by attorney 11/27/02 Sworn and subscribed to before me So Answers: _ This - - R. Thomas Kline, S15eriff Prothonotary Real Esta~te Deputy THE PATRIOT NEWS TIlE SUNDAY PATRIOT NEWS Proof of Publication UnderAct 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 P~triot-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 22nd and 29th day(s) of October and the 5th day(s) of November 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 and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M', Volume 14, Page 317. PUBLICATION COPY S A L E #38 ;'-. REAL ESTATE ~ALE ,, : W~ No. ,; a.~fue~e fo~ Pe~ma Heu~l~ Flnanee ~'/~bed before ~,e~ 14th day o~ov~r 2002 A. · Te L~~-~'~1 NS(~[Y Public ~.~.~~~ City~/t~nisburg,'Dau.p?n?u-n~ I NOTARY PUBLIC MyComrnissonExp~resJune~,zuuo. ~ commission expires June 6, 2006 anie AsSociation Of Notanes Member, Pennsyiv CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRiOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 278.40 $ 1.75 $ 280.15 Publisher's Receipt for Advertising Cost q~r~m%r ~fic~d pl~n of lots and 2 fee~ fl~mn, So~ 0~ dqrees ~7 minu~.s t~st, 10~ ~el~No.~7;~ 3, publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general ~ ~ ;=?, ~ ~ ~ m ~ Ige receipt of the aforesaid notice and publication costs and ce~ifies that the same have w~ ~:f~ ~ a ~ ~g ~1~ . ' ' ~~.a~ By .................................................................... ~;~G ~ ~ a s~gle f~y 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 thc 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' OCTOBER 25, NOVEMBER 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL F_~TATE SALE NO. 38 Writ No. 2002-3378 Civil Wachovia Bank. National Association, f/k/a First Union National Bank. as Trustee for Pennsylvania Housing Finance Agency VS. Ix)ri D. Gilbert Atty.: Leon P. Hailer ALL THAT CERTAIN piece or par- cel of land situate in Hampden Town ship, Cumberland County, Pennsyl vania, bounded and described as follows, to w~t: BEGINNING at a point on the south side of Bedford Drive, 76.66 feet west of the line dividing the Borough of Carnp Hill and Hampden Township; thence along a line par- allel with the eastern line of Lot No. 234 as shown on the hereinafter 1, Editor SWORN TO AND SUBSCRIBED before me this 8 day of NOVEMBER, 2002 therefrom, South 05 degrees 57 min- utes East, 105 feet to tile line of Lot No. 237; thence along line of Lot No. 237. South 84 degrees 03 min- utes West, 80 feet to a point; thence along a line parallel with the east- ern line of Lot No. 233, North 05 degrees 57 minutes West, 105 feet to the side of Bedford Drive; and thence along the south side of Bedford Drive, 80 feet to the place of BEGINNING. BEING the westerly two feet of Lot No. 235 and the easterly 78 feet of Lot No. 234 as shown on the Plai~ of Part of Hollywood Development as recorded in Plan Book 9. Page 17. Cumberland County records. IiAVING thereon erected a single family dwelling known and num- bered as 3429 Bedford Drive. Camp Hill, Pennsylvania. BEING THE SAME PREMISES WHICH John W. Kulas by his attor- ney-in-fact. Genevieve K. Jaeoby, by deed dated 11/19/96 and recorded 12/4/96 in Deed Book 150, Page 96, granted and conveyed unto Lori D. Gilbert. TO BE SOLD AS THE PROPER TIr OF LORI D. GILBERT ON JUDG- MENT NO. 2002 3378. ASSESSMENT: #10-21-0275-051.