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ARTHUR M. FELD
1309 ~QIDGE SmEET
NEWCUMBERLANO. PA 11070-1116
717-770-0292 FAX 717-770-0389
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IAWOrFICrS
ARTHUR M. FELD
13091l.OIDGE SmEET
NEW CUMBERlAND. PA 11070-1116
717-77(}'0292 FAX 717-77(}'0389
.
FIRST NATIONAL BANK OF
MARYSVILLE
COURT OF COMMON PLEAS OF
CUMBERLAND COUNT\, PENNSYLVANIA
Plaintiff
,;?
NO.
'/(.~,
CIVIL ~
vs.
BRIAN K HARNER
JEANNETTE D HARNER
Defendants
MORTGAGE FORECLOSURE
CIVIL ACTION - LAW
NOTICE
YOU HAVE BEEN SUED IN COURT. I f you wi sh to defend
against the claims set forth in the following pages. you must
take action within twenty (20) days after this 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 fai I 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
claimed in the Complaint or for any other claim or relief
requested bi' the Plaintiff. You may lose money or property
or other rights important to you.
YOU SHOULD TAKE TH I S 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.
Court Administrator
4th Floor
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
NOTICIA
Le han demandado a listed en la corte. Si usted quiere
defenderse de estas demandas expuestas en las paginas
siguientes, usted tiene viente (20) dias de plaza al partir
de la fecha de la demanda y la notificacion. Usted debe
presentar una apariencia escrita 0 en persona 0 per abogado y
archivar en In corte en forma escri ta sus defensas 0 sus
objeciones alas demandas en contra de su persona. Sea
avisado que si usted no se defiende, In corte tomara medidas
y puede entrar una orden contra usted sin previo aviso 0
notificacion Y por cualquier queja 0 alivio que es pedido en
la peticion de demanda. Usted puede perder dinero 0 sus
propiedades 0 otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO
TIENE ABOGADO 0 Sl NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA
CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Court Administrator
4th Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
(717) 240-6200
FIRST NATIONAL BANK OF
MARYSVILLE
COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PA
Plaintiff
vs.
NO. '/ I.. ,1t.J, ~ C". j0 ,'-'
BRIAN K HARNER
JEANNETTE D HARNER
CIVIL ACTION - LAW
Defendant/s
MORTGAGE FORECLOSURE
COMPLAINT
1. Plaintiff is First National Bank of Marysville, a
Pennsylvania corporation with an address at 101 Lincoln Street, PO
Box B, Marysville, PA 17053.
2, Brian K. Harner, a Defendant and Mortgagor, is an adult
individual with an address of 98 Front Street, West Fairview,
Cumberland County, Pennsylvania 17025-3212.
3. Jeannette D. Harner, a Defendant and Mortgagor, is an adult
individual with an address of 98 Front Street, West Fairview,
Cumberland County, Pennsylvania 17025-3212.
4. On or about April 28, 1992, Mortgagors executed and
delivered a Note in the sum of $42,000.00, payable to The First
National Bank of Marysville, a copy of which is attached hereto,
marked Exhibit "A" and made a part hereof.
5. Contemporaneously with and at the time of the execution of
the aforesaid Note, in order to secure payment of the same,
Defendants made, executed and delivered to The First National Bank
of Marysville, a certain real estate Mortgage which is recorded in
the office of the Recorder of Deeds of Cumberland County,
Pennsylvania in Mortgage Book 1064, Page 415, conveying the subject
premises to Plaintiff, which mortgage is incorporated herein by
reference.
6. The land subject to the Mortgage is situated in the Township
of West Fairview, Cumberland County, pennsyl vania and is more
particularly described in Exhibit "B" attached hereto and made a
part hereof.
7. Mortgagors are the real owners of the land subject to the
Mortgage.
8. The mortgage is in default due to the fact that the
Mortgagors have failed to pay monthly installments of $413.59
for the months of April, 1996, and all subsequent monthly
installments thereafter and the following amounts are due on the
Mortgage:
(a) Unpaid principal balance
(b) Interest to September 6. 1996
(c) Late Charges
(d) Attorney's Commission 10%
Total Amount Due
$ 35,521.32
1,320.45
49.62
3.689.14
$40,580.53
together with interest at the per diem rate of $7.97 per day after
September 6, 1996, 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.
10. Mortgagors are not members of the Armed Forces of the United
States of America, nor engaged in any way which would bring them
within the Soldiers and Sailors Relief Act of 1940, as amended.
11. Notice of intention to foreclose and to accelerate the loan
balance has been given to the Mortgagors in accordance with Section
403 of Pennsylvania Act No. 6 of 1974, but the Mortgagors have
failed to reinstate the Mortgage in accordance with the provisions
thereof. A copy of the notice is attached hereto, marked Exhibit
"C" and made a part hereof.
12. Plaintiff has complied with the procedures required by
Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage
Assistance Payments Program) and Defendant has either failed to meet
the time limitations as set forth therein or have been determined
by the Housing Finance Agency not to qualify for assistance.
< ~.
WHEREFORE, Plaintiff demands judgment against Defendants, Brian
K. and Jeannette D. Harner in the amount of $40,580.53, together
with interest at the per diem rate of $7.97 after September
06, 1996, other charges and costs incidental thereto to the date of
Sheriff's Sale and judgment against all Defendants and for
foreclosure and sale of the property within described.
............
( \ l\ . V(({)
Arthur M. Feld '
Attorney 1.0. No. 07172
1309 Bridge Street
New Cumberland, PA 17070
(717) 770-0292
Attorney for plaintiff
FIXED RATE NOTE
(Daily Simple Interest)
$42.000.00
April 28, 1992
Marysville. Pennsylvania
FOR VALUE RECEIVED, the undersigned (jointly and
severallY) promise to pay The First National Bank of
Marysville, a Pennsylvania Corporation, ("Note Holder"), or
order, the principal sum of Forty-Two Thousand 00/100
Dollars ($42.000.00) with interest on the unpaid principal
balance from the date of this Note. until paid, at the rate
of Eight and fifty hundredths (8.50\) per cent per annum.
The principal and interest shall be paid on demand. in the
absence of demand, payments shall be made in 180 consecutive
monthly installments of Four Hundred Thirteen Dollars and
59/100 ($413.59) on the 28th day of each month. beginning
May 1992. principal and interest shall be payable in lawful
money of the United states of America.'. at the offices of the
holder in Marysville, Pennsylvania (or at such other place as
the Note Holder may designate in writing). In applying
installments under this Note. Note Holder will apply all
amounts received first to all interest accrued on the date
the payment is credited and then to the unpaid principal
balance until the entire indebtedness. evidenced by this
Note, is fully paid. except that any remaining indebtedness.
if not sooner paid. shall be due and payable on April 28,
2007.
In the event of a default in the payment of any
installment due on this Note. a default in the performance of
any covenant or condition in the Mortgage securing this Note
or a default in the performance of the obligations imposed by
any Mortgage constituting a lien superior to the Mortgage
securing this Note. the Note Holder upon providing the
undersigned with such notice as required by law. shall have
the ri;ht =:i option to declare the entire unpa.id balance of
this within indebtedness due and payable at once and to
foreclose any Mortgage securing this Note. Failure to
exercise this option shall not constitute a waiver of the
right to exercise the same in the event of a subsequent
default.
The Note Holder may require the undersigned to reimburse
Note Holder for any charge the Note Holder has been required
to ?ay upon the dishonor of the undersigned's check.
EXHIBIT "A"
The undersigned may prepay without penalty the
indebtedness evidenced hereby in whole or in part at any
time. Any prepayment will be applied to the outstanding
principal balance after payment of all late charges and
interest through the date of such prepayment. Any prepayment
will not postpone the due date of any subsequent monthly
installment unless Note Holder otherwise agrees in writing.
In the event it becomes necessary to refer this Note to
an attorney at law for collection, or if this debt of any
part hereof be collected by any attorney in legal proceedings
of any kind, the undersigned shall reimburse Note Holder for
such reasonable attorney's fees. court costs and fees as are
actually incurred by Note Holder in the collection of any
part of the debt evidenced by this Note.
The undersigned has been informed and understands that
credit life insurance is not required to obtain credit.
Property insurance on the real property described in the
Mortgage may be obtained from anyone you want that is
acceptable to the Lender. .
The undersigned and all endorsers, sureties and
guarantors further consent to any and all extensions of time,
renewals, waivers or modifications which may be granted or
consented to by the Note Holder hereof as to the time of
payment or any other provision of this Note. Presentment,
notice of dishonor, and protest are hereby waived by all
makers, sureties, guarantors, and endorsers hereof. This
Note is the joint and several obligation of each maker and
shall be binding upon them and their heirs, successors and
assigns.
The parties agree that they have engaged in this
transaction evidenced by this Note and the Mortgage securing
this Note pursuant to applicable federal, as well as state
law, including the Secondary Mortgage Loan Act, as have been
preempted by applicable federal law.
This Note is secured by a Mortgage or even date herewith
executed by Brian K. Harner and Jeannette D. Harner, his
wife, to The First National Bank of Marysville constituting a
first lien on real property located in Cumberland County,
and duly filed for record in the Office of the Recorder of
Deeds for said County.
IN RITNESS RHEREOF, each individual has set his hand on
the date first written above.
~ 1'( %'4-~
Brian K. Harner
UQ (\~rY>-JtQ.l). ~~
545/009rb C3!annette D. Harner
NOTICE Uf',NTENTlUN to mliECUJSE MUIITCAGE
ro _ Bnan Harner
9B Front et. u_~
_~est:_iAlrv.i,i'_w, P-,LlI025-3_~12.
Oat.. ,d r~[J!II:':
7-2-96
217357
LO,lrl r.Jo
The MORTGAGE held by '11\" First National
(hereinafter WI!, us or our,;! on ,/OlU pr()pf~r ty locLltr.u .11
Bun.1r" of ~\c.~/svillc
9B Front St" West fai,vlew. PA
is IN SE RIOUS DE F AU L T 1!/!I',1I1I1.' ,'Oil have 1101 made the rnollth'v /),1V/II""ts "I S 413.59
lor the mOIl(/ls 01 ~.._Apri I May . al/(l June 2B, 1996
and/or bl!CiJlISe
Late charges and other charges tlave also accrued to this date in the amount of ~_ . _ .-- -----. The total
amount now required to cure ttlis default. or in other words, get ci:luqht up in your payments, as of the date of this
letter, is S 1,;173,85
You max CUfe this default lvlthill THIRTY (30) DA YS of the daw of this I/!tter, hy pay'ng (0 us the above amount
of S __l.! 2?:3. 85.._____, plus ;.JfIY additional monthly payments iJnd late charge which may fall due during this
period, Such payment must be lT1iJde either by cash, cas~,ier's d18Ck, certified check or money order, and made at
The-Xir~t. National Bank of Marysville 101 LinaJln St.l1aJ:ysvillC'~.PA--1.1053--
If you do not cure the default within THIRTY 130) DAYS, we intend (0 exercise our right to accelerare the
mortgage payments. This means that whatever is owing on the originai amount borrowed will be considered due
immediately and you may lose the chance to payoff the original mortgage in monthly installments. if full payment of
the amount of default is not made within THIRTY 1301 DAYS. we a'so inrend (0 instruct our attorneys to start a
lawsuir to foreclose Vour mOrlgaged property. If rhe mortgage is foreclosed your morrgaged properrv wilf be sold bV
the Sheriff to pav off the morrgage debr. If we refer your case to our attorneys, but you cure the defauit before they
begin legal proceedings against you, you will stiil have to pay the reasonable attorney's fees, actually incurred, up to
S50.00. However, if legal proceedings are started against you, you will have to pay the reasonabie attorney's fees even
if they are over S50.00. Any attorney's fees will be added to whatever you owe us, which may also include our
reasonable costs. If Vou cure the rlelault within the rhirrv day period, VOU wilf nor be required to pay artornev's fees.
We may aiso sue you personally for the unpaid principai balance and ail other sums due under the mortgage.
If you have not cured the defauit within the thirty day period and foreclosure proceedings Ilave begun, you srill
have the right to cure rhe defau't and prevent the sale ar anv time up to one hour belore the Sheriff's foreclosure sale.
Yoo may do 50 by paying rhe toral amount of rhe unpaid monthlv paymenrs plus anv lare or other charges then due.
as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other require.
menrs under the morrgage. It is estimated that the earliest elate that such a Sheriff's sale couid be held wouiel be
approximately .LO.::1=;lES___. A notice of the date of the Sheriff saie will be sent to you before the sale. Of course,
the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what
the required payment will be by calling us at the following number: __;l5.7:-_2196_. This payment ,-nust be in cash,
cashier's check, certified check or money order and made payable to us at the address stated above.
You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain
in it. If you cOlltinue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you.
You have additional r.ghts to help protect your interest in the property. YOU HAVE THE RiGHT TO SELL THE
PROPERTY TO OBTAIN MONEY TO PAY OFF THE MOI1TGAGE DEBT, OR TO BORROW MONEY FROM
ANOTHER LENDiNG INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR
TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO ,\ BUYER OR TRANSFEREE WHO WILL
ASSUME THE MORTGAGE DEBT PROVIDED THAT ALL TilE OUTSTANDING PAY~lENTS, CHARGES ,\'.;o
ATTORNEY'S FEES AND COSTS /\RE PAID PRIOli TO OR AT TIlE SALE, AND THAT THE OTHER REQUlfiE
MENTS UNDER THE MORTGAr,E {;liE SATISFIED CONT,\CT liS iO DETERMINE u~.;oER WHAT CII'CU~"
STANCES TillS RIGHT MIGHT I'XIST. YOU HAVl- rHE Im,IIT TU HAVE TillS DEFi\IJLT CURED BY .\',jV
T1III1D PAiny .\CTI\:(; ON VOUI~ lJEIIALF VOII",\VI 1'111 I-:'C'IIT TO ,\SSERT ,:.: TilE rORECLOSlf'i
Pf10CEEDI;\ilIS THE :'j(1i\; t:XI':P':'JCE OF f\ !)f"',\l;\ r ,1P ,\" '. ('THF~n DfFFI\JSt: VUlJ ~~,AY H^\i~ ~-!,l
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EXlll InT "e"
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NIJI/U' IJ/'N/FNT/ON to FIJrn(J()SI ,IIIJIIf!;.\(;!
TO
Jenn~~t;_~~Ha~fl~f
98 Front St.
West Fairview, P^ 1702?-3212
1).1 r.. "t r-JqllC!~
7-2-96
['Jom ~Jo
217357
Th!~ ~.1()H rGAGE 111:1<1 !)'I The First NrJtional IXink of. :'\-l~'/~vi llf}
(tWII'Hl,dl,.r Wf!, ll') or (HII';' (\f} \,lHlf fnOr)!!!fI!" IOC:JII:d at
IS IN SEH1UUS DEFAUL T /JI'(",Jt/su you havl.'flnll1lar/e tIlt.' ,//(}f/lIl1v /JdVIIII'ng ur S 413.59
for I'''' 11/()()I!Js uf Apr 11 May . J()'f June 28, 1996
and/or !JL'CiJl/SU --~.~~------
Late chdrqes and ottler cl1Jrqes have Jlso accruud to this date in the amount of $33.08 ____~~~. The total
amount now reuuired to cure this default, Of In other words, ~jet ciluqht up in 'lour payments, as of the date of this
letter. IS S 1,273.85_
You "'ay Clift} thIS defalllt v'.l/thi" THIRTY (3D) DA YSo( rlw daft' ()f tIllS lu({er. /JY !JaV'lllj ro us t!Jec1buveiJfnOUfTt
uf S 1,273.85 > :JllIS any aclditiol1almonthly pJYrlWllts andlat/.! chafYl! ~vlli(.'h may fall due during this
perior! Slll":h payment must he mZHJe either by cash, cashif!r's dwck, certified chf.:r:k or money order, (]nd made at
The First Nati""al Bank of MaIYsville 101 Lincoln St :-1arysvilla..PA.1105J...___
if you do not cure tile clef"ult within THIRTY 1301 DAYS, we inlend ro exerr:lse our right 10 accelerare the
mortgage payments. This means that whatever is owing on th(~ oriflinal amount borrowed will be considered due
immediately and YOll may lose the chance to payoff the original mortgo'je in monthly installments. If fuil payment of
the amount of default is not made within THIRTY (3D) DAYS, we also intend to instruct our attorneys to start a
lawsuit to foreclose your flJortgag(!{! property, II the mortgage is loruclosvd your mortgaged property will be sold by
Ihe Shellf! co pav off the lIJoflgage debt. If we refer your case to our altorneys, but you cure the default before they
begin legai proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to
550.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even
if they are over S50.00. Any attorney's fees will be added to whatever you owe us, which may also include our
reasonable costs. If you cure Ihe default within the Ihirly day period, you will nor be required 10 pay arlOrnev's fees.
We may also sue you personaily for the unpaid principal balance and all other sums due under the mortgage.
If you have not cured the default within the thirty day period and foreclosure proceedings have begun, Vall still
have tlw right to cure the default and prevent thv sale at any time up to one hour before the Sheriff's foreclosure sale,
You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then rlue,
as well as the reasonable at(Q"wy's fees and costs connecwc/ with the foreclosure sale and perform any other roquire.
ments IIncler the mortgage. !t is estimated that the earliest date that such a Sheriff's sale could be held would be
approximately ._10:-4c:~6 . A notice of the date of the Sheriff sale will be sent to you before the sale. Of course,
the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what
the reqUired payment will be by calling us at the following nllmber' 957-2196 ..=..~is payment ,11USt be in c"sh,
cashier's check, certified check or money order and made payable to us ilt the address statea"'a't5'6vtf,.. ...'/
You should realize that a Sheriff's sale will end your ownr.rshio of the mortq<Jqed property and your right to remain
in It. I f you continue to live in the property after the Sheriff's sale, .l lawsuit could be started to evict you.
You h,~ve additional n.ghts to helD protect your Inturest ill th(~ !)rOpIHty. YOU HAVE THE RIGHT TO SE LL THE
PROPERTY TO OBTAIr\ \!lONEY TO PAY OFF THE \1ORTGi\GE DEBT. OR TO BORROW MONE'I FROM
ANOTHER LENDING I~;STITLJTION TO PAY OFF THIS DESTIDU MAY HAVE THE RIGHT TO SELL Oil
TRANSFER THE PROPEfHY SUBJECT TO THE Cj!OIHGAC" T() 1\ flLJYEH OR TRANSFEREE WHO WIL!..
ASSlJ'.IE iHE MOIHGAGE DE8T, PHOVIDED T,!AT ,\Ll. Ti',' ,)lITSTM',DI~JG f'AYIv1ENTS, CHAR(,E~' ,\I\JD
ATTO~'.EY'S FEES AND COSTS AilE PAID PFW1H fO 011/,1 T,lt SAl.E. ~.~!D fHAT THE OTHER I{L',)iJ'~E
ME0nS '.I\DER TilE \1C);lT';i\GE .\flE Si\TISF'f,[) C()~]Tid:; 'JS TO D[7Enr.llc~F 'J~]DER WHAT (;:"<:'.':',;
ST;\I':C'-,; f!IIS RIGHT '."I;in FXIST. YOU ""'.'i' TilE H:,,..' ',) HAVe TlWi DEfAULT CURED ~\ ,\":',
TH!H~'~ ;'.\HTY ;\Cll\\_J \'illJP BEH;.'\Lr .,!l ~j:'\"'f . ..~ ;\Ililn 1,; .\:;srHl THE r:OHf:(' jJ:
;lf~n(.:-:; I\CiS r~,q: \(,'-: ~-':I-~:-: :L~ o~- ;\ ',; :.1; 1 r L' :'Illj.:.' r';r'r:::',;c..:r,()IJ iV^V .t.'.
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ACT SI NOTICE
TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE
EmQlgoncy MorlgagoA5sIslanco Program miW 1m atlll.llo hlllp you
Road !hn lollowlI1q nut,eo 10 Ilnd oul how the program
Tha Commonwealth or Pennsyl\lanla" HomCQwnors'
works.
II you nood maro mlo/mallon call1ho Pennsylv;Jnlil HOUSing Finance Agoncy al 1 (BOOl 342.2391
La nall',caclon un .HljurHo us do sumi.! unpOrl,JnCl<l. puos alecla su dUrAcho a conllnuar ....,I/mnllo I!II ',(I CilS,j S,IlO COfllprendll H' COr\lI.InI(10 (It! est a nOtl',caClon c.btonljil una
traducClon Immll(JI.llam.!nl(! Ilamanda Cslil agunc,.. (Ponnsylv,lrl'il ~iou5lnq FlIlancoAgoncyl Sill r.arrJo'i ,II llilfllmo mUflClOfl,j(j{) ,IHlIM f1uU(los sur fJh!gllllo para UIl prllslama
por 01 plogram,] lIarn.ltJo'Homoowners' Emllrgoney Morlgaqe Asslslanco P1ogram" fll eual puoclo 5.111.,11 ',II C,l,;.1 cle 1.1 rm,c\lrl;1 (:'JI dl!rHcho.1 rI!clmllr su tllPOlOCil
ACT 91 NOTICE
IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM
PLEASE READ THIS NOTICE.
YOU MAY BE F.I.IGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE
YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
RE: Accoun! No
7171~7
7-2-96
Oalf!
TO
FROM:
Bcian Harner-
The First Na.tional Bank of l1arysville
You may be eligible lor finanCial assistance that will prevent 'oreClosure on your mortgage " you comply with (he prOVisions of the Homeowners' Emergencv
Mortgage Assistance Act 01 1903 (lhe "Act"). You may be eligible tor emergency temporary asSistance if your delaull has been caused by circumstances beyond
your control, you have a reasonable prospect 01 resuming your mortgage paymenls, and II you meel other eligibility reqUIrements eSlabllshed by the Pennsylvania
Housing Finance Agency, Please read all 01 lhis Notice. It conlalns an explanation 01 your rights.
Under theAc!. you arc entitled 10 a temporary Slay olloreclosure on your mortgage ror Ihlrty (30) days lrom!no dale ollhls Notice, DUrlf'g lhatllme you must alfange and
allend a "lace'lo.lace" meelmg wIlh a representative ollhls lender, or With a deSignated consumer crcdlt counseling agency The purpose 01 Ihls meehng IS 10 allempl to work
oul a repaymenl plan. or to otherWise sellle your delmquency. ThiS meetmg must occur 10 the nellt lhlrty (30] days
If you allend a lace.ta-lace meeting Wllh IhlS tender, or wllh a consumer credll counseling agency Idenlllled In lhls nollce, no lurlher proceeding In mortgage loreclosura may
lake place for lhlrty (301 days aller lhe dale 01 thiS meellng
The name. address and telephone number or our representative is:
Larry D Reich at The First National BaP_l.;, uf tJl.a!:vsville
101 Lincoln St
flarysville Pi'>.
717
17053
957-2196
Telephone Number'
The name(s). addr/Jsslesl, and phone numbers 01 (a) deslgnaled consumer credll counseling ~gcnCY(ICSIIS (aro!
Urban Leaque of Metrooolitan Harrisbura
28 N:Jrth Serond St
Harrisburo PA 17101
717 234-5925
1115 only necessary to schedule one race-to-race meellng, You should adVise If'lIS lender Immediately 01 your Inlentlons.
Your mort~age IS 1M default because you have lalled to pay prompUy installments 01 prmClpal and mlereSI. as reqUired. lor a period at alleaSl Sl~ly {50 I days The lolal amounl
ollhe delinquency IS S 1 ,'7", RS . That sum Includes the followmg
~l 240;; P~iRGi~al . I~t2r-C8: ana ~JJ.og iR Lat~ Chargee
Your mortgage IS also 10 derault lor lhe rollowmg reasons.
It you f'lave lfled and are unable 10 resolve tnlS prOblem al 01 aller your lace-lo-tace meelmg, vou nave me flghl 10 apply lor finanCial asslSlance Irom If'le Homeowners
Emergency MOrlgage Asslslance Fund. In order 10 dO Ihls. you muSl lilt oul. s'Qn ,lnd tile a compf(>led Homeowners' Emergency Asslslance Appllcallon wllh one 01 tile
deslgnaled consumer ,:recJlt counseling agenCies IIs1ed Inlne allacf'lment An apollc<ltlon lor aSSISlance m,l'. only oe oblalned from a consumer credll counseling agency TIle
:onS\Jmer credll counsew'g agency Will assIst you In ldhnq oul your appllcallon dnC1 will submIt VOUf compl.>lc(J <10pllC8tlon 10 If'le PennSi'lvanlil Housmg FinanceAgenc'l "("JUf
appllcal,on muSI be '.;<!d Of pOSlmarked. wlth,n IIwtv (30l daVs 01 your race.l0.LtCI' r'lce!lnq
'liS Ctlremely ,mno'."1I11 111.11 )'OIlI.I~ f'Our appliC,J/.OP .'"Jrnfflp/1r 1/ yOIl do not (10 ,,' ."" VOIJ <11..' l1ar .'01.,,\\ rIl,' ~l:l'<!f 1.1Ilt! (JIHIOcJS :ier fo,m'll fIllS INter. lort!closure m,lV I" ,Y'.'I'.:
al]amSI your hQml~ "rI'fl..'r1/,lIelv
:'oj,lolal1I'J lUf1r1S 'Of ,,"l,,'qCI1C.,. rnongarJt! .lSSIS1,l'1r'!I".' "(~fy IlIllOtI1d They W,I' :J'~ ':'~t'lI':;ed fly' H"~ '\tW""', 'J"Cj']f tn~ ellgl!),I,'" erllella ..'SlaOllst1ed by lhe ACl
, 's e<lremely Jmoo'.-r.l 1!";1I ,.our appllealJon I,'] ,IC::..',l'" .Ill!! r.orllpll!tI1 011 "v,\r', "'S:'.'G: T rll) P'!1H1SI.I~',\I',.1 '+,lll"'l1g Finane!) Aqt'!1C\i r'<ls Sotly !DOl days 10 make ,1 ,1t', ,~,,,,,,
,liter 'I receives ,our 'l:,OIIC,ll'lln DWlng lhat ,l(J(lJlI<)'l,l" 'I"! I") !MCCIOSIJrt! t"<)C'!"'J""J~ ",,' t),] 11u'SI,,',.1 ,h1,111:,\ ,till ,I yOll 11.1...e miH Ill" l'lll.! "~(]llHemenlS set forlt1 allaH' '\)LJ
....,II De 1100ill(!d d'll!c~, :.,Jy' Ihal.\get1cv ollIS d\lC''i'OI1 )" .uur 'lPpllC,1110n
T'le PennSVlvan'_1 t"' ,,,S<l11j FHlanCt! l\gencV IS i(JC;l1l';l ,IT .' 1 01 NlJrlll FIonl Slf,','1 ,.> I:.T ,)II,C,' 80. tlQ:'~', ",lrll~ilhjrq. P,!r1I15,1\',lfl',l 1 "::J5 ','I,~pr10nn r~() l' 1 n ;RO, i~l00 ,."
'-QOO-3-'2-2397 1101' "'!'~ numberl Persons .....llIlllTlfJ,lf"(J rH!il'i1lq can c.111 I HOD..;,l,' ;'.19'-
I' .lddlllon you n1av ";l')""'! anotlwl1101'CIJ IrOll' Ill,S 't:'JJ'~' ur\(j,'1 Ac;t G or I <J,.I . 'I.l! :1<H,,:1) 'S ':;111l'(1tn,' 'rMl,':'l (IT InlBr1t,on Tt) Forl'closu't' "rHl musl H~a<l tloln nnll';"~ ';.11,-,'
IIll!V LJolf1 explain 'ilY:" 1I1al ~'ou now niIV,! un(ler p,""\C"'h,,Uli01I,IW Howev." T ,'Il d\(lIl...,' TO ,'l!~'<:IS" \(lIl' f"JllIS desclltH'cllflll1lS 1H11<CI' yOU cannOll)(J 11J1('';lnst.'\!.:pl'l'
.'..11110 yOu i1fe rere'v,I"l 01,11 asslslanCe
VI'rv Iruly ,'OUfS.
HEMA Rrw ? 8/~j.1
-.::J.d'Y! t:...r..t___
E. R. }'tk~.(". Pt~e3irleflt
1U1"
IM'U'III
.-
ACT 9; NOTICE
TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE
Tho Commonweallh of Pennsylvama's HomOQwnOlS' Emergoncy MartgagoAssIslancc P'ogram may b6 ablu 10 tmlp you F~oad thO lollowlng nOllCO 10 find oul how 1M progrilm
wOlks
II you Mod mom IflloflThlt1on Cillllho Ponnsylvilma HouSing Flllanco Agency ill 1 IOOO} 34~.23'J7
La nOlillcaclon un adlunla cs do suma unpO/lanCla. puus aluel,1 su dOfOCho ,1 contlnUil' vlvwndo IIn ~IJ <.:.15<1 $1 1\0 r;ompronclo cl CQllll1n1do do esla nohllcaClon Oblong a un;)
IraduCClon Immedlalamcnh: lIilmanda osta agonCliljPennsylv.lflhl HouSing Fm;JncuA(jtJf1cyl 511I (;alflO~ .11 nljmBrO fllt!flClon,Hlo arriba PuodOs SOt uluc]lblU para un pllJSliUllI)
Dar 01 proqrama lIam,lllo 'Homflownors' EmofC]oncy MOrlgaqtJ ASSlst.lnco Progr,lf1l" III euat llul!da Sill~;!r su CilS,1 (10 f<i porcll(l,l (101 dOrf!Cho a Ifld'rlllr 5U hlpotOCi1
ACT 91 NOTICE
RE, Account No
IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM.
PLEASE READ THIS NOTICE.
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE
YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAVMENTS
7-2-96
Dalo
217357
TO
FROM
Jennette Harner
The First National Bank of M3rVGVi lle
Vou may be eligible for financial assistance Chat will prevent foreclosure on your mortgage If you comply wjfh (he provisions ot the Homeowners' Emergency
Morlgage AssIstance Acl at 1983 (I he "Act"). Vou may be eligible lor emergency temporary assistance if your defaull has been caused by clrcumslances beyond
your conlrol, you have a reasonable prospect 01 resuming your mortgage payments, and II you meel other ellglbllllY requirements eslabllshed by Ihe Pennsylvania
Housing Finance Agency, Please read all or thIs Nollce.1I conlalns an explanatlon of your rig his.
Under Ihe ACI. you are entllled 10 a temporary stay or loreclosure on your mortgage lor thIrty (30) days Irom tne dale or lhls NOllce. Dunng that time you must arrange and
allend il'lace-to"ace~ meellng With a representative 01 this lender. or With a deSignated consumer credit counseling agency The purpose ollt'lls meellng IS 10 aUemplto worle
out a repayment plan. or 10 otherWIse sellle your delinquency. ThIS meeting must occur In lhe nexllJ'1Irly (30) days
II you allend a face.to-Iace moetlng wllh thIS lender. or wllh a consumer credll counseling agency Identllled In Ihls notlCO. no lurther proceeding 10 mortgage foreclosure may
take place lor thIrty (3D) days aller tho dale 0' Ihls meeting
The name. address and telephone number 01 our reprosentahve IS:
rarrv D Reir.h at '1'1'" First National !lank of r-<;3rym/i 11"
101 Lin=J n St
MaIvsville PA 17053
717 957-2196
TelephOne Number'
The name(sl. addresslesl. and phone numbors ot (a) deslgnaled consumer credll counseling agenCY(les}IS laro)
Urban I2aQUe of ~troTJOlitan Harrisburq
28 North Secord St
Harrisburq Pa 17101
717 957-5925
It IS only necessary to sCl1edule ono lace. to. lace meeting, You should adVise thIS lender lmmedlalely ot your Intentions
Your mortgage 1$ In default because you havo 'ailed to pay promptly IOstallments ot prinCipal and InlereSI. as reQUlfed. lor a period 01 at least SI.ly (60) days. The 10lal amount
0' the delinquency IS :) 1,273.85 That sum mcludes !he lOllowlng
SL?40.77 P1""';nr.;~l h Tntp.rpqt: .::\nn ~~1 nR in f.;l;tp rh~rgpq
Your mortgage 'S also In de'aull lOt !he toll OWing reasons:
II you have Wed and are unable to resolve thiS problem al or atlf"!r your facc-to.!.lce rneellng. you ha~(! me (lg11110 .:lpply for financial assistance trorn tne Homeownels
Emergency Morlgage AssIslance Fund. In Older to do lhlS, you must 1111 oul. :;Ign and 1,le ,1 comnl(!tr.c Homeowners' Emergency ASSistance Appllcallon Wltn one at tho
deSignated consumer credit counseling agenclOs liSted 111 the attachment An appllC,llIonlor <lsslslance may only be nblalnp.Cl Irom a consumer credit counselmg agency TIle
consumer credit counseling agency Will assist you In Illllng Oul your .1ppllCilllOn ,1011 Will sutlmlt your complelc>d appllc.lImn 10 Ole PennSylvanl(l HouSing FII1anceAgency YOI;'
application must De ll1ed Of pOSlmarKed, wllhm Ihlrty 1301 dayS ot you' 1.1c~.1O.laCl' maelmg
tiS lJlffcmely ,mportanr thai ,,'ollllle ~'OUf application prOmpll\' " HJIi (/0 I1llt :1') ,,0 ,'I.r ,',11/ ,10 11n1 r()I,'Q\\' ffl.' oilIer rllllt' jl!!fJ(l(1S Sl't rorlf! III (hIS fIJl/t" ',)It.'CI,l.'iIJfI' 111.11' 1l10Ct'l":
.lgJlllst \'our home Immedt.ltell'
.'t'larl,lole lundS lor (!mergen'~,' "'ort9.1ge dSSISl,lnCO ale ver, ,,11111t)!.l ~I~e,. ,','III t)._, <11:;tJl!r~;c(1 I),' 111,' :'{WIlC, ',In<1er lI',~ \'I"_l'llol," olterla establist1l~:..l tly t!1(~ '~C:I
! ", '1.tr(!metv IInportilnlll1.lt ',',",,' HJfJI'l',)\IO!l tJl~ ,lccur;lW and <On'DI''',!'n "',.",,' r()sp"rl TIlt' P'>I1I\S',I\'.lI\,.t "IH,S''''l r'l1.illCt' Ai}.!r1C,' tlJS suI',' (001 ll,n'S U m.1Ke a (laC IS";"
.1!1er II 'I.'CiJIv(!S ,-OlJr appl'C.ll1lHl Jur,r'l] 111,11 .lcll.lllllJnalllll1H I'U !""~L1U~,~fl' .;IOCU,ll;II111S ,..,dill.' PUl~;IIt'~l .lq.1.!hl ,ell, ,I ,<1'1 rldV" 1!1.!1 Ole lime reQUlft~m,'nl~; St'l Torln <l00.,~ '''';'
,','1111)(.' TlOlo1'cd cllrt'Clly tJ\i Ir~al A'Japq 1)1 .IS '-:8C'<'lon on iour ,lppl'L.ltOlll'
;~1t! PannsylviUl'.l HOl,SIIl[) flll<llll:eA\}unc,..'o ..Je.lled .11 ;.>I{)I r..OrHl trnllt Slrp.!! P!l~;1 OIl,Cl! 8,). ~h;;>'.1 '~J"";tJll'q 1',"111',\1,.11",11 ,'105 T,~lepfl,)'ll' ~J,) ,,'I,') ;HO.olBOO ,l'
. t!OO':j.\2.2397 (loll free l1urntm,l ::>",';on<, WIth Imp.1"'!ll rll""llll! C,II' (:.111 ~ ,HOO':\.l;' :'J~17
.n ,Wd,llon you rnay rcccl~'U ,lllutlll~r rlotH:U hom !IllS lel1(jl:l tJtllh~rlt.l:l U ul I~l".t Trlill (1'111(') ,~; c,lllt!ll HH!rJotlcfI of Ifllo'ill"lI1lll F'HPcloSlHl~" YOll fIlust fllarlllOttll1otlces. Sill,'!,
"'f1y tJoUl e.pl.11fl rlrjrll., thai ,()u 110W 11<l\/t! ur1"..r PpI111';,'I...,I":" ;,1'.... f'()\I".\/,!r r you ,.rHlO~;I! to '!"~fCI$t' \l).,f ."1111<; lj,'scr,t\!"ll1l tlWi 110t,Ct'. rOll C,lll!hll III' 1,1Il~{"lnsl'(lllp()I'
M1t1(l ~OlJ aro rOCClvmq Ill.l1 asslsl;lnCI!
Vl!f,' Iruly ',OIllS
,jEM^nnv ;"' Bin.l
~,t;
Ii. R. ^"l:::r.-: Pt-esict:nt
..ulll
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SHunn',,' ","I'UR/!
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CAS~ NO: lU~b-~4b=~ r
CIJMMUNWI::ALI'H I.W f',:NtISYLVANIA:
CUUNTY U~ CUMH~RLAND
F !/lST NAT IIJNAI_ elK . MA!:~l.~;'0.LJ.,L
V'-
"',
JlARNEli ~RIAN K ,:T AL
M ICI/A!::I. !JARR ICK
. Stlerifi or !'epllty Sherlff of
CUMDCBLANlJ Count y. Pennsy 1 V;:;n13. ',.,hCl belng 'J'I) 1 y sworn accord 1 ng
to law. says. the w1t.h1n 1;I.lMf'I.A [lIT - /1IJRT ,'UR,'
upon IlAIlNI':il HI( [AN K
defendant, at 141:3:00 HOURS, on the ~bth~ d;;:,iY of AUGust
....as served
the
1 !:J95. at
'JI) FI?UNT STfl'~,~T
WEST FAIRVIEW. PA 17025-3212
County. i'ennsylvan1a, by handH.g ~D BRIAN J.:. HARNi::R
a truE' and att.E'sted copy of t.hE' CUMJ'LAINT - 11IJRT FIlRI::
.' CUMBERLAND
togE'ther with NUTICI::
and at the same t1me directing ~is attentlon to the contents thereof.
ShE'riff's Costs:
Docketinq
Service -
Affidavit
Surcharge
18.00
10.24
.00
2.00
So ~P?we~s: ~~
-i~~"- ;';;i:,;'V,~",'Lt'.: 1 ~<< z:J?
~ Iho111a:: Kll.n€:'. SherIff
S3'0~AfnJlUR M. n:LD
08/27/ 19'3(,
by
SWQrn and subscribelj to before mp
~~
this ';I.} ~~__ day of
1'1 .7G A. D.
Uvr~.r
~ildrL'- c.;". n'\....ih", r.!+ 7/'
I Pl"othonotary
:,:HU:IFr-'
!.:ECiULAh
HETUf'f1
CA!OE NU: 1 '-'':if, .1,Hb:::l~ p
Cm:MUNW.:AL TH IW rl.:ml,:Yl. V AH I A:
CIJIJNTY I.W CUM8,:F:l.ANl'
FlH!OT NATIUNAI. ~r: - MM,Y'iV j LJ,':
V~~.
f1AIWI':" 8111 AN K 1.:'1' AI.
11 [eIIAe:I, HArm [1:1\
.'-.;herlif elf L"_>~Il)t y :~~h(>rlff ('if
ClIMUERLAHD County, ?ennsylvanla, whcJ being duly s......orn accord~ng
to law, says, the wlthin CUi1PJ.AINT - MURT FClRl-:
upon IIARNER J.:ANN.:rrl:: l'
was served
the
defendant, at 14:..:12:00 HOURS, on the ;::E-.+:h day of A~~(lust_
1 ':JL)b at
'38 FRUNT !OTR,~J::T
. CUMBEI<LAND
W~ST FAIRVIEW, PA 17025-3212
CQunty. Pennsylvania. by han<:J1r.g te, Ll::A.NN.:TTl:: HARNl::R
a tru~ and att~st~d copy of the CUMPLAINT - MUR~ FURE
tog~th~r with NOTICE
and at the same time directlng Her attention to th'2 contents thereof.
Sheriff's Costs:
Oock:etinq
Service -
Affidavit
Surcharge
So answers:.' , /...:;"
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2.00
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1 omas
lne, .:;. Il?rl:t.
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by
Sworn and subscribed to bel ore me
this ',C' ,,~ day of C~,........r
1':1 .01\.'_ A.D.
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..e-. Certified Mall Receipt
A: No Insurance Coverage Provided
~ Do not USE! for Inlernational Mall
~;:.t>~'~:1 (See Reverse)
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Sura &ZIPCodo
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CllrhhOd Fcc
SpeCial Dehvp.fy feo
AlIsl/ICllld DcflvoryF'lll
Roturn Rocc'pl Snowing
~ to Whom & D.lle OelMln>d
~ Return Recolpt Showong to Whom
~ Oatil, & Addfll$SotOehvllry
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<
LAW OFFICES
ARTHUR M. FELD
1309 BRIDGE STREET
NEW CUMBERLAND. PENNSYLVANIA 17070.1116
717-770.0292
FAX (717) 770-0389
October 24, 1996
Brian K. Harner
Jeannette D. Harner
98 Front Street
West Fairview, PA 17025-3212
The First National Bank of Marysville
PO Box B
Marysville, PA 17053-0017
Cumberland County Tax Claim Bureau
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
PA Dept. of Revenue
(Judgment against Brian K. Harner only)
Bureau of Compliance
Dept 280946
Harrisburg, PA 17128-0946
NOTICE IS HEREBY GIVEN to the Defendants and those parties who hold
one or more mortgages, judgments or tax liens against the real
estate which is the subj ect of the Notice of Sale pursuant to
Pennsylvania Rule of civil Procedure 3129.1 attached hereto.
YOU ARE HEREBY NOTIFIED that by virtue of a writ of Execution
issued out of the Court of Common Pleas of the within county on the
judgment of the Plaintiff named herein the said real estate will
be exposed to public sale as set forth on the attached Notice of
Sale.
YOU ARE FURTHER NOTIFIED that the lien you hold against the said
real estate will be divested by the sale and that you have an
opportunity to protect your interest, if any, by being notified of
the said Sheriff's Sale.
By:
~
) \.\ ~Q;C/
(-~-
Arthur M. Feld
Attorney for Plaintiff
Attorney I.D. No. 07172
1309 Bridge Street
New Cumberland, PA 17070-1172
THE FIRST NATIONAL BANK OF
MARYSVILLE
: COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PA
Plaintiff
NO. 96-4620
vs.
MORTGAGE FORECLOSURE
BRIAN K HARNER
JEANNETTE D HARNER
CIVIL ACTION - LAW
Defendant/s
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1
TAKE NOTICE
That the Sheriff's Sale of Real Property (Real Estate) will
be held on March 5, 1997 in the Cumberland County Courthouse,
Carlisle, Pennsylvania at 10:00 A.M. prevailing local time.
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:
98 Front Street
West Fairview, PA 17025-3212
The judgment under or pursuant to which your property is being sold
is docketed to:
96-4620
Cumberland County, PA
The name(s) of the owner(s) or reputed owner(s) of this property
is:
Brian K. and Jeannette D. Harner
A Schedule of Distribution, being a list of the persons
being entitled to receive part of the proceeds of the sale
received and to be disbursed by the Sheriff will be filed by the
Sheriff thirty (30) days after the sale and distribution of the
proceeds if 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 Cumberland County, Carlisle, PA (717) 240-6390.
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. 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 OUR WHERE YOU CAN GET
FREE LEGAL ADVICE.
Pennsylvania Lawyer Referral Service
Pennsylvania Bar Association
P.O. Box 186
Harrisburg, PA 17108
(800) 692-7375
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
Cumberland 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 a 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 Cumberland 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 Cumberland 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,
Cumberland County Courthouse, Carlisle, PA, before presentation of
the petition to the Court.
Arthur M. Feld
Attorney for plaintiff
Arthur M. Feld, Esq.
ALL that certain lot of ground situate in the Borough of West
Fairview, County of Cumberland and state of Pennsylvania, bounded
and described as follows, to wit:
BEGINNING at a point in the western line of Front Street twenty
nine and one-half (29 1/2) feet south of the southwest corner of
the intersection of Front and Market Streets; thence westwardly
along the center line of Lot No.8, on the hereinafter mentioned
Plan of Lots, one hundred thirty nine (139) feet to a point in the
eastern line of an unnamed Alley; thence southwardly along the
eastern line of said unnamed Alley twenty nine and one-half (29
1/2) feet to a point in the northern line of Lot No.7; thence
eastwardly along the northern line of Lot No. 7 one hundred thirty
nine (139) feet to a point in the western line of Front Street;
thence northwardly along the western line of Front Street twenty
nine and one-half (29 1/2) feet to a point, the place of BEGINNING.
BEING the souther one-half of Lot No. 8 on the Plan of Lots of West
Fairview.
BEING the same premises which Lee E. Harner and Barbara A. Harner,
his wife, by deed dated May 1, 1992, and recorded in the Cumberland
County Recorder of Deeds office in Record Book Q-35 Page 483, have
granted and conveyed to Brian K. Harner and Jeannette D. Harner,
his wife, mortgagors herein.
HAVING thereon erected a one and one-half story frame dwelling
known as No. 98 Front Street.
Tax Parcel No. 45-171044283
SEIZED, taken in execution to be sold as the property of Brian K.
and Jeannette D. Harner, Mortgagors herein under Judgment No. 96-
4620.
NOTICE is further given to all parties in interest and claimants.
A proposed schedule of distribution of the proceeds of the above
sale will be filed by the Sheriff of Cumberland County,
Pennsylvania, on April 5, 1997, and that distribution of said
proceeds will be made in accordance with said proposed schedule
thirty (30) days after the date of sale unless exceptions are filed
thereto within ten (10) days thereafter.
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The First Nation3l Bank of Marysville
P.O. Box B
Marysville, PA 17053-0017
Cumberland County Tax Claim Bureau
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
PA Dept. of Revenue
(Judgment against Brian K. Harner Only)
Bureau of Compliance
Dept 2SC3';6
Harrisburg, PA 17128-0946
4. Name and address of the last recorded holder of every
mortgage of record:
Address (if address cannot be
reasonably ascertained, please
so indicate)
The First National Bank of Marysville
Po Box B
Marysville, PA 17053-0017
5. Name and address of every other person who has any record
lien on the property:
Address (if address cannot be
reasonably ascertained, please
so indicate)
Tne First National Bank of Marysvi',le
P.O. Box B
Marysville, PA 17053-0017
Cumberland County Tax Claim Bureau
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
PA Dept. of Revenue
(Judgment against Brian K. Harner Only)
Bureau of Compliance
Dept 280946
Harrisburg, PA 17128-0946
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IN THE COURT OF COMMON PLEAS OF CUMBERIJ\ND COUNTY. PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
( ) Confessed Judgment
THE FIRST NATIONAL BANK OF
MARYSVILLE
(X) Other DEFAULT JUDGMENT
MORTGAGE FORECLOSURE
vs.
File No. 96-4620
Amount Due S36.891.39
I t t 1 442 57 FROM OoQ31,861,96-
n eres .' , 6,97
Atty's Comm 3.689.14
Costs Total $42.023.10
BRIAN K HARNER
JEANNETTE D HARNER
98 FRONT STREET
WEST FAIRVIEW, PA 17025-3212
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does. not arise
out of a retail installment sale, contract, or account based on a
confession of judgment, but if it does, it is based on the
appropriate original proceeding filed pursuant to Act 7 of 1966 an
amended; and for real property pursuant to Act 6 of 1974 an
amended.
Issue Writ of Execution in the above matter to the Sheriff of
CUmberland County, for debt, interest and costs upon the
following described property of the defendant(s) 98 Front Street.
West Fairview. PA 17025-3212.
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of
County, for debt, interest and costs, as above, directing
attachment against the above-named qarnishee(s) for the following
property (if real estate, supply six copies of the description;
supply four copies of lengthy personalty list)
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and all other property of the defendant (s) in the possession,
custody or control of the said garnishee(s) .
(Indicate) Index this writ against the garnishee(s) as
a lis pendens against real estate of the defendant(s) described in
the attach~, eX~l~it. C,}t'
D"TE'. \'" 1..- \'. ( v'l\ ,'~- /
" \'-/.,. Signature: ~--\
\ Arthur M. Feld, Esquire
1309 Bridge Street
New CUmberland, PA 17070
Attorney for plaintiff
(717) 770-0292
ID No. #07172
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of Distribution may be obtained from the Sheriff of the Court of
Common Pleas of Cumberland County, Carlisle, PA (717) 240-6390.
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. 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 OUR WHERE YOU CAN GET
FREE LEGAL ADVICE.
Pennsylvania Lawyer Referral Service
Pennsylvania Bar Association
P.O. Box 186
Harrisburg, PA 17108
(800) 692-7375
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
Cumberland 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 a 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 Cumberland 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 Cumberland 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,
Cumberland County Courthouse, Carlisle, PA, before presentation of
the petition to the Court.
Arthur M. Feld
Attorney for Plaintiff
-
Arthur M. Feld, Esq.
ALL that certain lot of ground si tuate in the Borough of West
Fairview, County of Cumberland and state of Pennsylvania, bounded
and described as follows, to wit:
BEGINNING at a point in the western line of Front Street twenty
nine and one-half (29 1/2) feet south of the southwest corner of
the intersection of Front and Market Streets; thence westwardly
along the center line of Lot No.8, on the hereinafter mentioned
Plan of Lots, one hundred thirty nine (139) feet to a point in the
eastern line of an unnamed Alley; thence southwardly along the
eastern line of said unnamed Alley twenty nine and one-half (29
1/2) feet to a point in the northern line of Lot No.7; thence
eastwardly along the northern line of Lot No.7 one hundred thirty
nine (139) feet to a point in the western line of Front Street;
thence northwardly along the western line of Front Street twenty
nine and one-half (29 1/2) feet to a point, the place of BEGINNING.
BEING the souther one-half of Lot No.8 on the Plan of Lots of West
Fairview.
BEING the same premises which Lee E. Harner and Barbara A. Harner,
his wife, by deed dated May 1, 1992, and recorded in the Cumberland
County Recorder of Deeds office in Record Book Q-35 Page 483, have
granted and conveyed to Brian K. Harner and Jeannette D. Harner,
his wife, mortgagors herein.
HAVING thereon erected a one and one-half story frame dwelling
known as No. 98 Front Street.
Tax Parcel No. 45-171044283
SEIZED, taken in execution to be sold as the property of Brian K.
and Jeannette D. Harner, Mortgagors herein under Judgment No. 96-
4620.
NOTICE is further given to all parties in interest and claimants.
A proposed schedule of distribution of the proceeds of the above
sale will be filed by the Sheriff of Cumberland County,
Pennsylvania, on April 5, 1997, and that distribution of said
proceeds will be made in accordance with said proposed schedule
thirty (30) days after the date of sale unless exceptions are filed
thereto within ten (10) days thereafter.
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THE FIRST NATIONAL BANK OF
MARYSVILLE
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA.
plaintiff
VS.
NO. 96-4620
BRIAN K HARNER
JEANNETTE D HARNER
Defendant/s
MORTGAGE FORECLOSURE
CIVIL ACTION - LAW
To BRIAN K AND JEANNETTE D HARNER,
Defendant/s
You are hereby notified that on OCTOBER
following judgment has been entered against you.
1996, the
DEFAULT JUDGMENT IN THE AMOUNT OF $40,580.53 TOGETHER
WITH INTEREST AT THE PER DIEM RATE OF $7.97 AFTER SEPTEMBER 6,
1996, OTHER CHARGES AND COSTS INCIDENTAL THERETO TO THE DATE OF
SHERIFF'S SAJ"E AND JUDGMENT AGAINST DEFENDANT AND FOR FORECLOSURE
AND SALE OF THE PROPERTY WITHIN DESCRIBED.
Date: OCTOBER
,1996
15/ Xl<;."1,' nL<? [f Ilb~...,
Prothonotary
I hereby certify that the name and address of the proper
person/s to receive this notice is:
BRIAN K HARNER
JEANNETTE D HARNER
98 FRONT STREET
WEST FAIRVIEW, PA
17025-3212
Defendidos/as
Por este medio le est a notificando que el OCTOBER ,1996 el/la
siguiente Fallo ha anotado en contra suya en el caso menicionado
en el apigrafe.
Fecha: OCTOBER
,1996
protonotario
.. .
-
of Distribution may be obtained from the Sheriff of the Court of
Common Pleas of Cumberland County, Carlisle, PA (717) 240-6390.
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. 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 OUR WHERE YOU CAN GET
FREE LEGAL ADVICE.
pennsylvania Lawyer Referral Service
Pennsylvania Bar Association
P.O. Box 186
Harrisburg, PA 17108
(800) 692-7375
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
Cumberland 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 a 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 Cumberland 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 ~ust be presented to
the Court of Common Pleas of Cumberland 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,
Cumberland County Courthouse, Carlisle, PA, before presentation of
the petition to the Court.
Arthur M. Feld
Attorney for Plaintiff
,
.'
-
Arthur M. Feld, Esq.
ALL that certain lot of ground situate in the Borough of West
Fairview, County of Cumberland and state of Pennsylvania, bounded
and described as follows, to wit:
BEGINNING at a point in the western line of Front Street twenty
nine and one-half (29 1/2) feet south of the southwest corner of
the intersect~on of Front and Market Streets; thence westwardly
along the center line of Lot No, 8, on the hereinafter mentioned
Plan of Lots, one hundred thirty nine (139) feet to a point in the
eastern line of an unnamed Alley; thence southwardly along the
eastern line of said unnamed Alley twenty nine and one-half (29
1/2) feet to a point in the northern line of Lot No.7; thence
eastwardly along the northern line of Lot No. 7 one hundred thirty
nine (139) feet to a point in the western line of Front Street;
thence northwardly along the western line of Front Street twenty
nine and one-half (29 1/2) feet to a point, the place of BEGINNING.
BEING the souther one-half of Lot No. 8 on the plan of Lots of West
Fairview.
BEING the same premises which Lee E. Harner and Barbara A. Harner,
his wife, by deed dated May 1, 1992, and recorded in the Cumberland
County Recorder of Deeds office in Record Book Q-35 Page 483, have
granted and conveyed to Brian K. Harner and Jeannette D. Harner,
his wife, mortgagors herein.
HAVING thereon erected a one and one-half story frame dwelling
known as No. 98 Front Street.
Tax Parcel No. 45-171044283
SEIZED, taken in exec,'...ltion t~ be. sold as the p:t:'operty ot Brian K.
and Jeannette D. Harner, Mortgagors herein under Judgment No. 96-
4620,
NOTICE is further given to all parties in interest and claimants.
A proposed schedule of distribution of the proceeds of the above
sale will be filed by the Sheriff of Cumberland County,
Pennsylvania, on April 5, 1997, and that distribution of said
proceeds will be made in accordance with said proposed schedule
thirty (30) days after the date of sale unless exceptions are filed
thereto within ten (10) days thereafter,
RU\L
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On ,0 dr.)>' '-" j t, /? \'(, tile sheriff levll~d upon the dBieno3 ,
l::t0fC3! In HHil real prCpflit:; z:tllat:!~ iil (I;;),) i, ,in" < ''J.G..i_'.:fI.'t,
C'.!in};Grh:n~~ CnUniYf Pa., J'~n'J;Ji1I~i.d nU!T;~c~j~d as: ~_6 ...3AC}lt__lj,~,
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