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HomeMy WebLinkAbout02-3379WACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N- 3319 CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE VS. KAREN M.KELLY Defendant 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 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, $L 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 PROV ISIONES 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 WACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff VS. KAREN M. KELLY, 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 WACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff VS. KAREN M. KELLY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -?jLAW AV.O,2-3399 Cai.f r??^ ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. 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, KAREN M. KELLY, is an adult individual, whose last known address is 11 WILLIAM PENN DRIVE, CAMP HILL, PENNSYLVANIA 17011. 3. On or about, June 30, 1999, the said Defendant, executed and delivered a Mortgage Note in the sum of $87,400.00 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 1554, Page 995 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to PENNSYLVANIA HOUSING FINANCE AGENCY and recorded in the aforesaid County in Mortgage Book 618, Page 148. The Mortgage was subsequently assigned to FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY and was sent for recording. First Union National Bank as Trustee for Union National Bank as Trustee for Pennsylvania Housing Finance Agency. The Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 11 WILLIAM PENN 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 December 01, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $14.74 per day From 11/01/2001 To 08/01/2002 ( based on contract rate of 6.250%) Accumulated Late Charges Late Charges $21.53 From 12/01/2001 to 08/01/2002 Escrow Balance Attorney's Fee at 5% of Principal Balance TOTAL $84,883.04 $4,417.11 $172.24 $215.30 $697.34 $4,244.15 $94,579.18 "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 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. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 6.250% ($14.74 per diem), together with other charges and iff's Sale and for foreclosure and sale of r costs including escrow advances incidental thereto tr7' the property within described. By: PURCELL, KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) FHA-130915 Multistate orm, NAL. NOTE 16044 441-604418-1 June 30, 1999 [Date] 11 WILLIAM PENN DRIVE CAMP HILL, PA 17011 [Property Address] 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 returnfor a loan received from Lender, Borrower promises to pay the principal sum of Eighty Seven Thousand Four Hundred and no/100 Dollars (U.S. $ 87,400.00 ), 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 Six and One Fourth percent( 6.250 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is securedby a mortgage, deed of trust or similar security instrumentthat is datedthe 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 August , 1999 . Any principal and interest remaining on the fast day of July 2029, will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at 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. $ 538.14 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 for payment adjustments 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 amendand supplementthe covenants of this Note as if the allonge were a part of this Note. [Check applicable box] ? Graduated Payment Allonge? Growing Equity Allonge ? 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 fast day of any month. Lendershall accept prepaymenton other days provided that Borrowerpays intereston the amountprepaidfor the remainderof the month to the extent requiredby Lender and permittedby regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. VMP MO T6AaE?FORMSe oFIx oeS RateaNote ?I95 I IIIIIII VIII III (VIII III) IN IN ®-1R leson.ot Page 1 0 2 IniNals? ?Uh1?i 1 q Q •' 1o01R1.Frm FHA-130915 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 described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of FOUR percent( 4.000 %) 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 HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has requiredimmediatepayment 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 demandpayment 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 fast 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 fast class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER 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 amountowed. Any person who is a guarantor, surety or endorserof this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorserof this Note, is also obligated to keep all of the promises made in this Note. Lendermay enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. Y SIGNING BELOW orrower accepts and agrees to the terms and covenants contained in this Note. (Seat) KAREN M KELLY -Borrower (Seal) -Borrower Pay to the order of without recourse Gataway Funding C _ (Seal) -Borrower _ (Seal) -Borrower p??lA HOU51 -Borrower Partner: ®•1R ieeon.of Anat. Inc. Pages 2 of 2 _ (Seal) .Borrower too/R2.Frm Property Description ALL THAT CERTAIN tract or parcel of land situate in Lower Allen Township, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described according to a survey of D.P. Raffensperger, Registered Surveyor, dated January 10, 1958, as follows: BEGINNING at a point on the Southern line of William Penn Drive, formerly Avenue "J", four hundred forty-two and twelve one-hundredths (442.12) feet West of the Southwest corner of the intersection of William Penn Drive (formerly Avenue "J") and Allen Road, (formerly Avenue "R"), also being at the dividing line between Lots Nos. 7 and 8, Block "Ell on. the hereinafter mentioned Plan of Lots; thence South thirty-one (31) degrees, thirty-nine (39) minutes East along same, one hundred twenty (120) feet to a point at the dividing line between Lots Nos. 7 and 13, Block "B" on said Plan; thence South fifty-eight (58) degrees twenty-one (21) minutes West along same and along the dividing line between Lots Nos. 7 and 14, Block "B" on said Plan, sixty (60) feet to a point at the dividing line between Lots Nos. 6 and 7, Block "B" on said Plan; thence North thirty-one (31) degrees thirty-nine (39) minutes West along same, one hundred twenty (120) feet to a point on the Southern line of William Penn Drive (formerly Avenue "J"); thence Eastwardly along same, sixty (60) feet to a point, the Place of BEGINNING. BEING Lot No. 7, Block "Ell, Tract 2-A of Cumberland Park, said Plan recorded in Plan Book 5, Page 3. HAVING thereon erected a one-story frame and cinder block dwelling known as 11 William Penn Drive. BEING the same premises which Richard W. Fesler, Jr., Executor of the Estate of Richard W. Fesler, by his deed to be recorded simultaneously herewith, in the office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Karen M. Kelly. aOOK 55 PAGE003 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 true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Lj)A=k?- Donald J. Plunkett Assistant Executive Director for Single Family Pro?I-ams P.E EYaRUA TL16II? Fm Y, SRw, = AME A.R A OW, WTEML ASMMA iOV, F/K/A FIlZST U1ZKN M? RW AS 3MERE M; bIFE KR ME PENZSY VP1%M Date: July 11, 2oo2 KZSIIG FINVCE AC o v> > C71 r-n 1 CASE N0: 2002-03379 p SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK NA ET AL VS KELLY KAREN M SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania who being duly sworn according to law, says, the within COMPLAINT MORT FORE was served upon KELLY KAREN M DEFENDANT at 1800:00 HOURS the ?- , on the 15th day of August 2002 at 500 HALDEMAN BLVD APT A NEW CUMBERLAND, Pk 17070 KAREN KELLY by handing to a true and attested copy of COMPLAINT MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing So Answers: Service 18.00 Affidavit 33.12 Surcharge .00 10.00 R. Thomas Kline .00 61.12 08/16/2002 PURCELL KRUUDe=:: Sworn and Subscribed to before me this By. ? day of -.711" z Sheriff A. D. Fr6thonotary ? runty WACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 3379 VS. KAREN M. KELLY, IN MORTGAGE FORECLOSURE DEFENDANT 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 KAREN M. KELLY 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 $84,883.04 Interest $ 4,417.11 (Per diem of $14.74 from 11/1/01 to 8/1/02) Accumulated late charges $ 172.24 Late charges $ 215.30 ($21.53 per month to 8/02) Escrow Deficit $ 647.34 5% Attorney's Commission $ 4,244.15 TOTAL $94,579.18** ** Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG & By Leon P. Haller PA I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 K:\MKF\DOCS\CUMBERLA\KELLYP WACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. KAREN M. KELLY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 3379 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on SEPTEMBER 16, 2002 I served the Ten Day Notice required by Pa. R.C.P. 237.1 on the Defendanats(s) in t is matter by regular first class mail, postage prepaid, 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. KAREN M. KELLY Defendant DATE OF THIS NOTICE: September 16, 2002 TO: KAREN M. KELLY 500 HALDEMAN BLVD, APT A NEW CUMBERLAND, PA 17070 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3379 CIVIL ACTION LAW IN MORTGAGE FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE. PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE 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 800-990-9108 PURCELL, KRUG & HAUL By LEON P. HALLER, Attorney for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 WACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. KAREN M. KELLY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 3379 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS 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 Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed before me this day ofAO,e? 200,E ry Pu li MARYLANONOTARIAL SEAL Lower K. FERRI MY Comm Ekeuhn Counlc Aug. 8, 2008 LEON P. HALLER, ESQUIRE _ "64. ?_ ? y.. ..'? I V ?.. ???? ??- ,, ,. ? ?: ?. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2002 3379 WACHOVIA BANK NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY PLAINTIFF VS. KAREN M. KELLY, DEFENDANT(S) TOTAL AMOUNT OF JUDGMENT $94,579.18 Interest at $14.74 per diem to sale date $ 3,169.10 Late charges at $21.53 per month to sale date $ 129.18 Escrow Deficit $ 2,000.00 TOTAL $99,877.46* *SALE DATE: WEDS.,MARCH 5, 2003 (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 captioned case. Date: December 2, 2002 Attorney for Plaintiff V \' 1719 North Front Street Leon . Haller Harrisburg, PA 17102 PA I.D. 415700 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 11 WILLIAM PENN DRIVE, CAMP HILL, PENNSYLVANIA 17011. Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY K WKRDOMCUMBERLAWELLV.W S -_? _, ?? c? ?'c?cN ?? ? ? ?} ?- ,, ir' -< -, ALL THAT CERTAIN tract or parcel of land situate in Lower Allen Township, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described according to a survey of U.P. Raffensperger, Registered Surveyor, dated January 10, 1.958, as follows: BEGINNING at a point on the Southern line of William Penn Drive, formerly Avenue "J", four hundred forty-two and twelve one-hundredths (442,12) feet West of the Southwest corner of the intersection of William Penn Drive (formerly Avenue "J") and Allen Road, (formerly Avenue 11R11), also being at the dividing line :atween Lots Nos. 7 and 8, Block "B" on the hereinafter mentioned Plan of Lots; thence South thirty-one (31) degrees, thirty-nine (39) minute: East along same, one hundred twenty (120) feet_ to a point at the dividing line between Lots Nos. 7 and 13, Block "B" on said Plan; thence South fifty-eight (38) degrees twenty-one (21) minutes West along same and along the dividing ;..i.ne betweenn Lots Nos. 7 and 14, Block "B" on said Plan, sixty i60) feet. to a point at the dividing line betraeen Lets Nos. 6 and 7, Block "B" on said Plan; thence D1C%r t. i thirty-one !31) ae. r- -S !?'cF.. thirty-nine (39) minutes West_ along one red FWC_,,., (120) feet to a point on the Souther.•n)A neof Willliam Pennt Drive (formerly Avenue "J") i tI'1 °_nC P, r.nS t.Wai"diV a.i. o:'g Sa(112 sixty (60) feet to a point, t4-, Place of BEG;TkN11-aG j BEING Lot No. 7, Black "B", Tract 2-A of CumJ:jeriand P.Drl., said Plan recorded in Plar: Back ; Page 3. HAVING thereon erected a one-sc.ory t.ramLe az?d ci..t_der block dwelling }mown as 11 William Pcn;-1 Driv:. BEING the same premises which Richard W. Fesler Jr Executor of the Estate of Richard W_ Fe_ler, by his deed; to be recorded simultaneously herewith, in the office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Karen H, Kelly. See Deed Book 203, Page 137. TO BE SOLD AS THE PROPERTY OF' KAREN M. KELLY ON JUDG4ENT NO. 2002 3379. ASSESSMENT # 13-24-0797-105 WACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, VS PLAINTIFF . KAREN M. KELLY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 3379 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the Krug & Haller, sets forth above action, by its attorneys of execution was filed, the date the Purcell, real propert the followin praecipe nceforrnitheng the writ y located at PENNSYLVANIA, 17011: 11 gWILLIAMinformatPENNionDRIVEco ' CAMP HILL, 1. Name and address of the Owner(s) or Reputed Owner(s): Karen M. Kelly 500 Haldeman Boulevard Apt. A New Cumberland, PA 17070 2 Name and address different of Defendant (s) rent from that listed in (1) above: in the Judgment, if SAME 3. Name and address of every judgment creditor whose appears of record on the real property to be sold: judgment of record: 4• Name and address of last recorded holder of ever y mortgage PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5• Name and address of every other person who has an lien on the property: y record UNKNOWN 6. interest sale: UNKNOWN Name and address of every other person who has any record in the property and whose interest may be affected by the 7. Name and address Plaintiff has knowledge who may be affected by the sale: TENANTS IF ANY ... of every other person of whom the has any interest in the property which 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. Haller P I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: December 2, 2002 WACHOVIA 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, PENNSYLVANIA CIVIL ACTION - LAW VS. PLAINTIFF NO. 2002 3379 ' KAREN M. KELLY, IN MORTGAGE FORECLOSURE DEFENDANT NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, MARCH 5, 2003 TIME: 10:00 O'clock. A.M. LOCATION: Commissioner's Hearing Room 2nd Floor Cumberland County Cot.a-rthouse 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 IDtaildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 11 WILLIAM PENN DRIVE CAMP HILL CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT in the amount of $94,579.18 under or pursuant to which your property is being sold is Commonwealth docketed in the within and County to: NO. 2002 3379 K3 MKnbOCS?CUMBERLAXELLY. NOS is: THE NAME (S) OF THE OWNER (S) OR REPUTED OWNERS of this property KAREN M. KELLY - REAL OWNER 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. YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. 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, . PROMPTLY. YOU MUST ACT YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar. Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1• You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN tract or parcel of land situate in Lower Allen Township, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described according to a survey of D.P. Raffensperger, Registered Surveyor, dated January 10, 1.958, as follows: BEGINNING at a point on the Southern line of William Penn Drive, formerly Avenue "J", four hundred forty-two and twelve one-hundredths (442.12) feet West of the Southwest corner of the intersection of William Penn Drive (formerly Avenue "J") and Allen Road, (formerly Avenue "R"), also being at the dividing line : tween Lots Nos. 7 and 8, Block "B" on the hereinafter mentioned Plan of Lots; thence South thirty-one (31) degrees, thirty-nine (39) minute: East along same, one hundred twenty (120) feet to a point at the dividing line between Lots Nos. 7 and 13; Block "B" on said Plan; thence South fifty-eight (58) degrees twenty-one (21) minutes West along same and along the dividing ]_ine between Lots Nos. 7 and 14, Block "B" on said Plan, sixty i60) feet: to a point at the dividing line between Luis Nos. 6 and 7, Block "B" on said Plan.; thence Ncrt.li i".hirty-one ?31) uegri.es thirty-nine (39) minutes West along same, one hun;ired twenty (120) feet to a point on the Souci:.ern line of William Penn Drive (formerly Avenue "J"); thence Fast.waT:dly a.i.on Q, sEgama, sixty (60) feet to a poin'L, th- Place of BF;GIINLNING. BEING Lot No. 7, Block "B", Tract 2-A of CuP.JJerlaEld said Plan recorded in Play: }cook 5, Page 3. HAVING thereon erected a one-scor.'y frame ai.d cinder bock dwelling known as 11 William Pe,vi Driv-:. BEING the saine premises which Richard W. F'esler, Jr., Executor of the Estate of Riichard W_ Fesler, by his deed; to be recorded simultaneous:.v herewith, in the of£:i.ce of the Recorder of Deeds of Cumberland county, granted arid conveyed unto Karen M. I'.elly. See Deed Book 203, Page 137. `M BE SOLD AS TIE PROPER'T'Y OF KAREN M. KELLY ON JUDGMENT NO. 2002 3379. ASSESSMENT # 13-24-0797-105 c; ; c.. = ; . ; _ =; ` ?.? ,, ?: -_ , i': ., - _; , - .. ?- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) CIVIL 02 Civil 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 KAREN M. KELLY, 11 WILLIAM PENN DRIVE, CAMP HILL, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAI DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) 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 Due $94, 579.18 L.L. $.50 Interest AT $14.74 PER DIEM TO SALE DATE $3,169.10 Atty's Comm % Due Proth y $1.00 Atty Paid $138.12 Other Costs LATE CHARGES AT $21.53 PER MONTH TO SALE DATE $129.18 --- ESCROW DEFICIT $2,000.00 Plaintiff Paid Date: DECEMBER 3, 2002 (Seal) REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: 1719 NORTH FRONT STREET CURTIS R. LONG Prothonota Deputy HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 WACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. KAREN M. KELLY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 3379 IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania ona true and correct copy of the Notice of Sale of eal 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: Karen M. Kelly 500 Haldeman Boulevard Apt. A New Cumberland, PA 17070 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) 2-i4-4178 LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 JOHN W. PURCELL TELEPHONE (717) 234-4178 HOWARD B. KRUG FORECLOSURE DEPT. FAX (717) 234-1206 LEON P. HALLER JOHN W. PURCELL .IR. BRIAN J. TYLER JILL M. WINEKA (717) 533-3836 NOTICE TO: Karen M. Kelly 500 Haldeman Boulevard Apt. A New Cumberland, PA 17070 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 JOSEPH NISSLEY (1910-1982) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD 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 at=tached 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 y u have an opportunity to protect your interest, if any, by i g notified of said Sheriff's Sale. By: ? ? Leon P. Haller PA 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. KAREN M. KELLY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 3379 IN MOR'T'GAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: held: That the Sheriff's Sale of Real Property (real estate) will be DATE: WEDNESDAY, MARCH 5, 2003 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: 11 WILLIAM PENN DRIVE CAMP HILL CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT in the amount of $94,579.18 under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2002 3379 K:1MKFNDOCSICU M BERLAWELLY. NOS THE NAME (S) OF THE OWNER (S) OR REPUTED OWNERS of this property is. KAREN M. KELLY - REAL OWNER A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar 2 Liberty Avenue Carlisle, Pennsylvania 717-249-3166 Association 17013 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 Country to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN tract or parcel of land situate in Lower Allen Township, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described according to a survey of D.P. Raffensperger, Registered Surveyor, dated January 10, 1.958, as follows: BEGINNING at a point on the Southern line of William Penn Drive, formerly Avenue "J", four hundred forty-two and twelve one-hundredths (442.12) feet West of the Southwest corner of the intersection of William Penn Drive (formerly Avenue "J") and Allen Road, (formerly Avenue "R"), also being at the dividing line .1-etween Lots Nos. 7 and 8, Block "B" on the hereinafter mentioned Plan of Lots; thence South thirty-one (31) degree,, thirty-nine (39) minutes East along same, one hundred twenty (120) feet to a point at the dividing line between Lots Nos. 7 and 13, Block "Ft" on said Plan; thence South fifty-eight (58) degrees twenty-one (21) minutes West along same and along the dividing Tina between Lots Nos. 7 and 14, Block "B" on said Plan, sixty (60) feet: to a point at the dividing line between Lot.:s Nos, 6 and 7, Block "B" on said Plan; thence North thirty-one 131) degrees' thirty-nine (39) minutes West, along ,same, one hundred twenty (120) feet to a point on the Southern line of William Penn Drive. (formerly Avenue "J"); thence Fastwardly along stoma, sixty (60) feet to a point, the. Place of BF:G.iMg1kjG. BEING Lot No. 7, Block "B", Tract 2-.A of Cu;.iteriand .Park,, said Plan recorded in Plan Book 5, Page 3. HAVING thereon erected a one-story frame and cinder block dwelling known as 11 William Pete,-t Drivc:. BEING the same premises which Richard W. Fesle r, Jr., Executor of the Estate of Richard W_ Fesler,, by his deeds to be recorded simultaneously herewith, in the of:-ice of the Recorder of Deeds of Cumberland County, granted and conveyed unto Karen M. Kelly. See Deed Book 203, Page 137. TO BE SOLD AS THE PROPERTY OF KAREN M. KELLY ON JIIDG?UNT NO. 2002 3379. ASSESSMENT # 13-24-0797-105 Re: PHFA vs. Karen Kelly Cumberland 3/5/03 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: Karen M. Kelly 500 Haldeman Boulevard Apt. A New Cumberland, PA 17070 U. S. POSTAL SERVICE CERTIFICATE OF MAILING _(In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Portage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: SdSn Domestic Relations Office Cumberland County Courthouse Hanover & High Streets r Carlisle, PA 17013 « tr11018'wr J.4R-2.030 if t v /P-6 0761 t"1 ? ` ?-' c _ ?" -n - 4, `> .} ?' _ , .? - `< ?,. ?? r_. _.. __ ??" .. --• _", c I ? -'?. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State 4o hereby certify that the Sheriff's Deed in which Pennsylvania Housing Fin Agency is the grantee the same having been sold to said grantee on the 5th day of March A.D., 2003, under and by virtue of a writ Execution issued on the rd day of December, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 002 Number 3379, at the suit of Wachovia Bank National Association fka First Union National bank ?s Tr for Penna fin Agency against Karen M Kelly is duly recorded in Sheriff's Deed Book No. 56, Page 628. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this, day of m , A.D. 2003 Recorder of Deeds myeoocan d6i w to ?' Wachovia Bank, National Association f/k/a First Union National Bank as Trustee for Pennsylvania Housing Finance Agency VS Karen M. Kelly In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-3379 Civil Term Valerie Weary, Deputy Sheriff, who being duly sworn according t law, states that on January 09, 2003 at 6:40 o'clock PM, she 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: Karen M. Kelly, by making known unto Karen Kelly personally, at 500 Haldeman Blvd., Apt. A, New Cumberland, PA 17070, Cumberland ounty, Pennsylvania, its contents and at the same time handing to her personally he said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according t law, states that on January 09, 2003 at 6:40 o'clock P.M., she posted a true copy oft the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, u on the property of Karen M. Kelly located at 11 William Penn Drive, Camp Hill, PA according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law ays 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 ramed defendants to wit: Karen M. Kelly by regular mail to her last known address of 500 Haldeman Blvd., Apt. A, New Cumberland, PA 17070. This letter was m iled under the date of January 13, 2003 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, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 5, 2003 at 10:00 o'clock A.M. He sold th same for the sum of $1.00 to Attorney Leon P. Haller for Wachovia Bank, National Association f/k/a First Union National Bank, Trustee for Pennsylvania Housing Finance Agency. It being the highest bid and best price received for the same, Wachovia Bank, National Association f/k/a First Union National Bank, Trustee for Pennsylvania Ho sing Finance Agency of 2101 North Front Street, Harrisburg, PA 17105, being the buye in this execution, paid to Sheriff R. Thomas Kline the sum of $941.97, it being co ts. Sheriffs Costs: Docketing $30.00 Poundage 18.47 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 20.70 Certified Mail 3.60 Levy 15.00 Surcharge 20.00 Law Journal 353.75 Patriot News 319.24 Share of Bills 25.21 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $941.97 Sworn and subscribed to before me So Answers: This day of R. Thomas Kline, Sheriff 2003, A.D. ` r thonotary BY <1- ? Real Estate ut 1? Y .30.` x/ 66 3 3 'WACHOVIA BANK, NATIONAL ASSOCIATION F/K/A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS., KAREN M. KELLY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 3379 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.7 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecioe for the writ of execution was filed, the following informationl,concerning the real property located at 11 WILLIAM PENN DRIVE, CAMP HILL, PENNSYLVANIA 17011: 1. Name and address of the Owner(s) or Reputed Owner(s): Karen M. Kelly 500 Haldeman Boulevard Apt. A New Cumberland, PA 17070 2. Name and address of Defendant (s) in thO Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment credi.torl 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 ?ff_ected 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 ... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 i (In the preceding information, where addressels 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. Haller PA I.D. #15700 Purcell, Krug &jHaller 1719 North Fron Street Harrisburg, PA 7102 (717) 234-417 DATE: December 2, 2002 .WACHOVIA BANK, NATIONAL IN THE COURT OF COMMON PLEAS ASSOCIATION F/K/A FIRST UNION CUMBERLAND COUNTY, PENNSYLVANIA NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING CIVIL ACTION - LAW FINANCE AGENCY, PLAINTIFF NO. 2002 3379 VS. KAREN M. KELLY, IN MORTGAGE FORECLOSURE DEFENDANT NOTICE OF SHERIFF'S SALE OF REAL ESTAT PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3169 TAKE NOTICE: That the Sheriff's Sale of Peal Property (real gstate) will be held: DATE: WEDNESDAY, MARCH 5, 2003 I 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: 11 WILLIAM PENN DRIVE CAMP HILL CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT in the amount of $94,579.18 under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2002 3379 K:\MKF\DOCS\CUMBERLNIKELLY.NOS is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property KAREN M. KELLY - REAL OWNER A SCHEDULE OF DISTRIBUTION, being a list of the',persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accord nce with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date iJt is filed. Information about the Schedule of Distribution fray be obtained from the Sheriff of the Court of Common Pleas of th4 within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. E PAY THE JUDGMENT. TY You may have legal rights to prevent your prop rty from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights,' YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT IONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WH$RE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsv1vania 170.13 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: i I 1. You may file a petition with the Court of ommon Pleas of the within County to open the judgment if you hav a meritorious defense against the person or company that has e tered 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 Country 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 I? DELIVERED. 3. A petition or petitions raising the legal i mentioned in the preceding paragraphs must be pr Court of Common Pleas of the within County. The pi served on the attorney for the creditor or on the presentation to the court and a proposed order o attached to the petition. If a specific return date is desired, suc. obtained from the Court Administrator's office - Ci- the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is 3sues or rights ?sented to the tition must be reditor before rule must be date must be 1 Division, of f the petition attached h r.eto. PURCELL, KRUG & HALLER Attorneys for Plaint ff 1719 North Front Str et Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN tract or parcel of land situate in Allen Township, County of Cumberland, Commonwealth c Pennsylvania, more particularly bounded and describe according to a survey of D.P. Raffensperger, Registe Surveyor, dated January 10, 1.958, as follows: BEGINNING at a point on the Southern line of Willian Drive, formerly Avenue "J", four hundred forty-two a twelve one-hundredths (442.12) feet West of the Sout corner of the intersection of William Penn Drive (fe Avenue "J") and Allen Road, (formerly Avenue "R'?), a being at the dividing line >tween Lots Nos. 7 and 8 "B" on the hereinafter mentioned Plan of Lots; thenc thirty-one (31) degrees, thirty-nine (39) minutes Ea same, one hundred twenty (120) feet to a point at th dividing line between Lots Nos. 7 and 13, Block "B" Plan; thence South fifty-eight (58) degrees twenty-o minutes West along same and along the dividing line Lots Nos. 7 and 14, Block "B" on said Plari, sixty ?6 to a point at the dividing line between L('.*it_s Nos. 6 Block "B" on said Plan.; thence Neut. t.hirt:f-one ;31) thirty-nine (39) minutes West along ;same, one hundre, (120) feet to a point on the Southern; line of Williai Drive. (formerly Avenue "J"), th nce ii. astwardly a:i ong sixty (60) feet. to a point, th ; Place of I F,G1Mg1k1G. Lower Penn west merly so Block South t along ;n said .e (21) etwveel: ) feet: rid 7, aegreE+s twenty P?tzn s CA file, BEING Lot No. 7, Block "B", Tract 2-11 of Cumberland ?•arh, said Plan recorded in Plar: Bock 5, Page 3. HAVI14G thereon erected a one--:i:t.ory crake and cinder block dwelling known as 11 William Pezirl Drive:. BEING the same premises which Richard W. F sler, ,3r., Executor of the Estate of Richard W. F'esler, by his Eyed; to be recorded simultaneously herewith, in the offi.c of the Recorder of Deeds of Cumberland County, granted and conveyed unto Karen M. Kelly. See Deed Book 203, Page 137. TO BE SOLD AS THE PROPERTY OF KAREN M. KELLY ON NO. 2002 3379. ASSESSMENT # 13-24-0797-105 WRIT OF EXECUTION and/or ATTACHMENT ,COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-3379 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WACHOVIA BAND: NATIONAL ASSOCIATION i F/K/A FIRST UNION NATIONAL BANK AS TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff (s) From KAREN M. KELLY, 11 WILLIAM PENN DRIVE, CAMP HILL, PA 17 11 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE EGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: j and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishes) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any pro rty of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found i the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she as been added as a garnishee and is enjoined as above stated. Amount Due $94, 579.18 L.L. $.50 Interest AT $14.74 PER DIEM TO SALE DATE $3,169.10 Atty's Comm % Due Prothy $1.00 Atty Paid $138.12 Other Costs LATE CHARGES AT $21.53 PER MONTH TO SALE DATE $129.18 --- ESCROW DEFICIT $2,000.00 j Plaintiff Paid Date: DECEMBER 3, 2002 CURTIS R. LONG Prothonota (Seal) ?'? ? P, C/? Deputy REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 Real Estate Sale # 47 On December 9, 2002 the sheriff levied upon the defendant's interest in the real property situated in Lower AllenTownship, Cumberland County, PA known and numbered as 11 William Penn Drive, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 9, 2002 BY:'1' Real Estate Deputy Ed.. I . _.. 1.43 .. ., iO ??VV THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. 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 in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-Ne ws and The Sunda Patriot-News s 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 continuous) published That the printed notice or publication which is securely attached everhereto is exactly as printed and published ' their regular daily and/or Sunday/ Metro editions which appeare on the 11th day(s) of February 2003. That neither he nor said Compadny s interested t aiin(the,subject Januarymatter ofesaid ar d in notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and p lnted 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 unanimous) adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book I'M,,, passed and Volume 14, Page 317. in PUBLICATION COPY ....................... SALE #47 Sworn to and subsc a befo me his 14th d of F REAL ESTATE SALE No. 47 Notarial Seat ry 2003 A. D. Writ. No. 2002-3379 :1ty erry L. Russell, Notary Public Civil Term Hamsburg, Dauphin Cou/ WachovlaBank, anmissionExpiresJune6,2006 I?fvTARY PUBLIC National Association f/k/a Member, PennsylvaNa Association of Notaries First Union National Bank My commission expires June 6, 2006 As Trustee for Pohnsylvanla Housing Finance Agency CUMBERLAND COUNTY SHERIFFS OFFICE vs Karen s Kelly CUMBERLAND COUNTY COURTHOUSE ESCRIPTION r CARLISLE, PA. 17013 ALL THAT CERTAIN tract or parcel of land situate in Lower Allen Township, County of Statement of Advertising Cumberland, Commonwealth of Pennsylvania, CC1St$ more particularly bounded and described To THE PATRIOT-NEWS CO., Dr. according to a survey of D.P. Raffensperger, 1958, as Registered Surveyor, dated January 10, spec r, For publishing the notice or publication attached follows: hereto on the above stated dates BEGINNING at a point on the Southern line of $ 317.49 William Penn Drive, formerly Avenue M, four Probating same hundred forty-two and twelve one-hundredths Total Notary Fee(s) $ 1 75 (442.12) feet West of the Southwest comer of the $ 31 9.24 intenecdm of William Penn Drive (formerly Avenue M and Allen Road (formerly Avenue Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot Necos, newspapers of general ---- circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the sam been duly paid. e have By .......................................................... RD, alm being at the dividing line between LW Nw. 7 and 8, Alock 0 on de heai&A* magoned Plan of Lots; then South thirty.,, (31) degrees, thirty-nine (Vminutes East along same, one hundred twenty (120) feet to a point at the dividing line between Lots Nos. 7 and 13, Block iBi on said Plan; thence South fifty-eight (58) degrees twenty-one (21 )'minutes West along same and along the dividing line between Lots Nos. 7 and 14, Block IBi on said Plan, sixty (60) feet to a point at the dividing line between Lots Nos. 6 and 7, Block iBi on said Plan; thence North thirty-one (31) degrees thirty-nine (39) minutes West along same, one hundred twenty (120) feet to a point on the Southern line of William Penn Drive (formerly Avenue Ii), thence Eastwardly along same, sixty (60) feet to a point, the Place of BEGINNING. BEING Lot No. 7, Block IBi, Tract 2-A of Cumberland Park, said Plan recorded in Plan Book 5, Page 3. HAVING thereon erected a one-story frame and cinder block dwelling known as 11 William Penn Drive. BEING the same premises which Richard W. Fester, Jr., Executor of the Estate of Richard W. Fester, by his deed to be recorded simultaneously herewith, in the Ace of the Recorder of Deeds of Cumberland County, granted and conveyed unto Karen M. Kelly. See Deed Book 203, Page 137. TO BE SOLD as the property of Karen M. Kelly on Judgment No. 2002 3379. ASSESSMENT #13-24-0797-105. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1'784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, JANUARY 31, FEBRUARY 7, 14, 2003 ss. 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. 47 sa Writ No. 2002-3379 Civil Wachovia Bank, National Association, f/k/a First Union National Bank as Trustee for Pennsylvania Housing Finance Agency VS. Karen M. Kelly Atty.: Leon Haller ALL THAT CERTAIN tract or par- cel of land situate in Lower Allen Township, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and de- scribed according to a survey of D.P. Raffensperger, Registered Sur- veyor, dated January 10, 1958, as follows: BEGINNING at a point on the Southern line of William Penn Drive, formerly Avenue "J", four hundred forty-two and twelve one-hundredths (442.12) feet West of the Southwest WORN TO AND SUBSCRIBED before me this 14 day of FEBRUARY, 2003 NOTARIAL REAL L01S FE, ST, WJ5101306, . £ ?rf3`i'{c m, ms&n 5'...06 • corner of the intersection of William Penn Drive (formerly Avenue "J") and Allen Road. (formerly Avenue "R"), also being at the dividing line between Lots Nos. 7 and 8, Block "B" on the hereinafter mentioned Plan of Lots; thence South thirty-one (31) degrees, thirty-nine (39) min- utes East along same, one hundred twenty (120) feet to a point at the dividing line between Lots Nos. 7 and 13. Block "B" on said Plan; thence South fifty-eight (58) degrees twenty-one (21) minutes West along same and along the dividing line between Lots Nos. 7 and 14, Block "B" on said Plan, sixty (60) feet to a point at the dividing line between Lots Nos. 6 and 7, Block "B" on said Plan, thence North thirty-one (31) degrees thirty-nine (39) minutes west along same, one hundred twenty (120) feet to a point on the South- ern line of William Penn Drive (form- erly Avenue "J"), thence Eastwardly along same, sixty (60) feet to a point, the Place of BEGINNING. BEING Lot No. 7, Block "B", Tract 2-A of Cumberland Park, said Plan recorded in Plan Book 5, Page 3. HAVING thereon erected a one- story frame and cinder block dwell- ing known as 11 William Penn Drive. BEING the same premises which Richard W. Fesler, Jr., Executor of the Estate of Richard W. Fesler, by his deed to be recorded simulta- neously herewith, in the office or the Recorder of Deeds of Cumber- land County, granted and conveyed unto Karen M. Kelly. See Deed Book 203, Page 137. TO BE SOLD AS THE PROP- ERTY OF KAREN M. KELLY ON JUDGMENT NO. 2002 3379. ASSESSMENT #13-24-0797-105. E?