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HomeMy WebLinkAbout96-06723 , , " ,I "I .~ " I ., , . l ~ ~ .. \J. .:'f e " , " ~ '- tI) rt t"' ..) ': , , .., (r' MIDPIRBT BANK, fo~erly known as MIDPIRGT BANK, STATE BAVJ:NGB BANK. Plaintiff IN THE COURT OF COMMON PLEAB CUMBERLAND COUNTY, PENNSYLVANIA VB. I I I I I NO. tjb I I I CIVIL ACTION - LAW - I IN MORTGAGE FORECLOSURE NOTICE & '7 )3 rr l A.~\. t.- MICHAEL A. CLARK and ANNA M. CLARK, Defendants 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 this complaint and notice have been served. To defend against the aforementioned claims, a written appearance stating your defenses and objections must be entered and filed in writing by you, the defendant, or by an attorney, You are warned that if you fail to take action against th~se claims, the court may proceed without you and a judgement for any money claimed in the complaint or for any other claim required by the plaintiff may be entered against you by the court without further notice, You may lose money, 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 Court Administrator, Cumberland County Courthouse Carlisle, Pa, 1'7013 -- (71'1) 240-6200 NOTICIA Le han demandado a usted en la corte, 8i usted quiere defenderse de estas damandas expuastas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted de be presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 aiivio que es pedido en ia peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted, LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. 81 NO TIENNE ABOGAD 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL 8ERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRIDA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR A8SISTENCIA LEGAL: CUMBERLAND COUNTY Court Administrator, Cumberland County Courthouse Carlisle, Pa. 17013, - (717) 240-6200 MIDFIRST BANK, formerly known as MIDFIRST BANK, STATE SAVINGS BANK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS, NO~ q{, _ <. '/..13 GJ r~ MICHAEL A, CLARK and ANNA M, CLARK, Defendants CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE COM P L A I N T 1. Plaintiff, MIDFIRST BANK, formerly known as MIDFIRST BANK, STATE SAVINGS BANK, is a Corporation, having an office at p, 0, Box 26648, Oklahorr.a City, Oklahoma, 73126. 2, Defendants, MICHAEL A, CLARK and ANNA M. CLARK, are adult individuals whose last known address is 208 Cumberland Drive, Camp Hill, Pennsylvania 17011 and/or Camp Hill Motel, 3083 Glenwood Avenue, Camp Hill, Pennsylvania 17011. 3, On or about June 30, 1988, the said Defendants executed and delivered a Mortgage Note in the sum of $65,900.00 payable to SOVRAN MORTGAGE CORPORATION, which Note is attached hereto and marked Exhibit "A", 4, Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 908, Page 1066 conveying to original Mortgagee the subject premises, The mortgage was assigned to BARCLAYSAMERICAN MORTGAGE CORPORATION, and recorded as aforesaid in Book 383, page 715 on July 17, 1990, The mortgage was subsequently assigned to NORWEST MORTGAGE, INC. and recorded as aforesaid in Book 501, page 1162 on August 15, 1995, The .wil.li till.! blli ldl11M~' ,klld inl[Hd'.'t..'IIH!llt'-> e.rl.:'cte:J there" ^LL that c..?rlaln tr.,ct IJr l"lCl..."ld or qcound; oilu.lte i.n [.OW0C Allen 'l'u....nahLp, Cunverlao.l County, pennsylvania, f1)Jre particularly bounded and described in accordance with syrve of Gerrit J. Betz, Registered Surveyor, dated March 9, 1973, as follows, to wit: BDJINNI~~ at a point on the northeasterly side of cumberland Drive at the arc distance of 55.13 feet measured along a line curving to the left having a radius of 261.57 feet fr a point of curve on said side of cumberland Drive, said point of curve being at the distance of 229.97 feet measured North 59 degrees 3 minutes 30 seconds West from the intersection of the said side of cumberland Drive with the northwesterly side of Locus Road; thence along the said side of cumberland Drive by a line curving to the left having a radius of 261.57 feet, the arc distance of 55.13 feet to a point; thence alan Lot No. 96, North 8 degrees 2 minutes 30 seconds East, a distance of 154.28 feet to a point; thence along land now or late of Robert Stoner, North 71 degrees 57 minutes 30 seconds East, a distance of 28 feet to a pointl thence along Lot No. 90, South 51 degrees 21 minutes 30 seconds East, a distance of 67.03 feet to a pointl thence along Lot No, 94 South 19 degrees 35 minutes West, a distance of 139.89 feet to the first mentioned point and place of BDJINNIt~. BEING Lot tlo. 95 on the Plan of Lots of cumber land park, recorded in Plan Book 4, Page 86, BEING known as No. 208 cumberland Drive. BEING the same premises which Richard P. Shaffer, ET UK, by Indenture bearing even data herewith and intended to be forthwith recorded at the Office for the Recordin of Deeds. in and for Cumberland County, Pennsylvania granted and conveyed unto theg said Mortgagors, in fee. UNDER AND SUBJECT to certain restrictions of record. It is understood and agreed, however. that the recital of the within mentioned restrictions shall not be construed as a revival thereof in the event that they have expired by limitation, violation, or for any other reason, . .." ." '. ~',.,'.... " '\ ~ '", .. '.', '" :1, "':c "," , .~.-, '. .' .. :.' ~ 'I,!. . :., ' :" ,,(. ',', <. ' : . ,.; .~:~.', J" " .. 'J ~, " ,.'.... ..,....". ~..- .. "',' \' SHERIFF'S RETURN - NOT VOUND CASE NO. 1996-06723 P CO""ONWEALTH OF PENNSYLVANIA 1 COUNTY OF CU"BERLAND "IDnRST BANK f;~_,_.. VB. ~K "ICHAEL A ET AL R. Tho.a. Kline . Sheriff, who being duly .worn according to law, .ay., that he made a diligent .earch and inquiry for the within named defendant, to wit. CLARK "ICHAE~ A but wa. unable to locate Him in hi. bailiwick. He therefore return. the CO"PLAINT - "aRT FORE !!OT~_ !lOT FOUND...J a. to the within na.ed defendant C'.ARK "ICHA!L A Y~BLE TO LOCATE DEFT. AT ANI-_Qr. ADDRESS SUPPLIED. Q~FI,__IIAS NOT LEFT FORWARDING ADDRESSES WITH P. O. --' Sheriff'e Co.t.. Dooketing Service Affidavit Surcharge So anewer.. 18.00 9.30 .00 2.00 r~.,' .. .:/,..../ ... r-';:'; R. Thoma. Kline, Sheriff .2~.~~ PURCELLL KRUG & HALLER 01/07/1~97 Swcrn and .ubscribed to before .e ~ . I t.his ___~__ day of\.. '.......1 , -.. J 19_LL- A. D. W /)~ - I... t.-L U -'4,,,......- 1 t'rot on~(ary , ~ -:;- ~ ~ .0- '- !:' -J Ir, r-. d! ~ j'; '" , . .;/ I\!' ': ;~ ~ C'\ -..J ('l - - f' ~ ~ ro (~.j , ' ,.\. .~ .l' , J (.:1. .:;.:) " " ..L: I I " " I ~ u:..1, I 0 ~ C' / I L.l' , I: '-J 0:- ~ 1.1. t" . ,1 :J_ ~ i e 6,.. 0 r- ":'l ~ CI' U ~ .". t-, ~- i.1~ ...... t... i' - II}r (....: ( .' , , 11:1 '-1)\ ,::':1 I to " LI. t ,"" " t-- , ...-,' ~. ) .,. 1""' '.. (I' -". ~,I ' I' \" ~ I I\le , ,.' r' , , , t:_ <.?~ c":') .- " I L~, i';_ t" r.l._ , :,11 , L', .,. , """: ..ii " 1- ._) 0 l.:r~ U '- t-. -- fr: (... " -- j' I :: r' ~::: " I .. ) ~ =-( 1:: , " ')M! ()' 1 ' "1,')- rl t ;.. '0 I [~;:' , 1.,_. I :!.IJ L. ~ ;_L. V. ." .' r- ... c.' O. (.;I - '.. r-. '- 'j; ,', r.; , .. ," ~~i II , I " " 11' ( jl ,!j: c:, ," , " 1 __.JI (1, ~i d (, ~ '" ~ 11_ r "'-; ", r- :.J U 0' U . :- ,... , <'. , .. " , , " ( ,.. . " 1)__ , , , ,( " , ( , I' , 1 r:' :; , :" I, I,. ,-" , " ,- , u U' "',.1 , , .....",>-...... , ~Q d!J , 2 g 2 ~ ~o:.~~ .~ " .:.z-- ;;tr- ~ ~0.~ l' ~ ~ ~ - ~~ ~~ ~~ .JlQ \) J '~~ \) I", ('()I./J __ ~r " LEGAL DESCRIPTION AI,L THAT CERTAIN tract or parcel of ground with the buildings and improvements thereon erected, situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey of Gerrit J. Betz, Registered Surveyor, dated March 9, 1973 as follows, to wit: BEGINNING at a point on the northeasterly side of Cumberland Driye at the ate distance of 55.13 feet measured along a line curving to the left haYing a radius of 261.57 teet fcxn a point of curve on said side of Cumbetland Drive, said point of curve being at the distance of 229.97 feet measured North 59 degrees 3 minutes 30 seconds West from the intersection of the said side of Cumberland Drive with the northwesterly side of Locust Road; thence along the said side of Cumberland Driye by a line curving to the left haYing a radius of 261.57 feet, the arc distance of 55.13 feet to a point; thence along Lot No. 96; North 8 degrees 2 minutes 30 seconds East, a distance of 154.28 feet to a point; thence along land now or late of Robert Stoner, North 71 degrees 57 minutes 30 seconds East, a distance of 28 feet to a pointl thence along Lot No. 90, South 51 degrees 21 minutes 30 seconds East.. a distance of 67.03 feet to a pointl thence along Lot No. 94 South 19 degrees 35 minutes West, a distance of 139.89 teet: to the first mentioned point and place of BEGINNING. Being Lot No. 95 on Plan of Lots of cumberland Park, Cumberland plan Book 4, Page 86. HAVING THEREON ERECTED A DWELLING KNOWN AS 208 CUMBERLAND DRIVE. BEING THE SAME PREMISES WHICH Richard P. Shaffer by deed dated June 30, 1988 and recorded in Cumberland County Deed Book K33, Page 1064 granted and conveyed unto Michael A. Clark and Anna M. Clark. TO BE SOLD AS THE PROPERTY OF MICHAEL A. CLARK AND ANNA M. CLARK (A/K/A ANNA M. CHAPMAN) UNDER CUMBERLAND COUNTY JUDGMENT NO. 1996~ 6723. PARCEL: 13-23-0555-048 >. t-. '0- C'; ('.. I j' .. "It , "I , ,. I,. , " H r. ") r " I 1 , t i.. , :' ., I (I; I r'- 0 U 4.,' , LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of ground with the buildings and improvements thereon erected, situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey of Gerrit J. Betz, Registered Surveyor, dated March 9, 1973 as follows, to wit: BEGINNING at a point on the northeasterly side of Cwnberland Driye at the arc distance of 55.13 feet measuted along a line curving to the left haYing a radius of 261.57 feet fern a point of curve on said side of Cumberland Driye, said point of curve being at the distance of 229.97 feet: measured Nort:h 59 degrees 3 minutes 30 seconds West from the intersection of the said side of Cumberland Drive with t:he northwesterly side of Locust Road; thence along the said side of Cumberland Driye by a line curving to the left haYing a radius of 261.57 feet, t:he arc distance of 55.13 feet to a point:; t:hence along Lot No. 96; North 8 degrees 2 minut:es 30 seconds East, a dist:ance of 154.28 feet to a point; thence along land now at late of Robett Stonet, Notth 71 degtees 57 minutes 30 seconds East, a distance of 28 feet to a point; thence along Lot No. 90, South 51 degtees 21 minutes 30 seconds East:, a distance of 67.03 feet to a point:; thence along Lot No. 94 South 19 degtees 35 minut:es West, a distance of 139.89 feet: to the fitst mentioned point and place of BEGINNING. Being Lot No. 95 on plan of Lots of Cumberland park, Cumberland plan Book 4, Page 86. HAVING THEREON ERECTED A DWELLING KNOWN AS 208 CUMBERLAND DRIVE. BEING THE SAME PREMISES WHICH Richard P. Shaffer by deed dated June 30, 1988 and recorded in Cumberland County Deed Book K33, Page 1064 granted and conveyed unto Michael A. Clark and Anna M. Clark. TO BE SOLD AS THE PROPERTY OF MICHAEL A. CLARK AND ANNA M. CLARK (A/K/A ANNA M. CHAPMAN) UNDER CUMBERLAND COUNTY JUDGMENT NO. 1996 6723. PARCEL: 13-23-0555-048 MJ:CHAEL A. CLARK AND ANNA M. CLARK A SCHED~E 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 eXaUlp1e, to banks that hold mortgages and municipa~itie8 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. Informat ion 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. ~ PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECA~E THERE. IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. '1'0 BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may taken away. rights. If PROMPTLY. have legal rights to prevent your property from being A lawyer can advise you more specifically of these you wish to exercise your rights. 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, Court Administrator Court Administrator's Office cumberland County Courthouse Carlisle. Pennsylvania 17013 Phone (717) 249-1133 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. - 5 . Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNXNOWN II 7. Name and address of Plaintiff has knowledge who has may be affected by the sale: every other person of whom the any interest in the property which TENANTS IF ANY '" Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 James M. Bach, Esquire 352 S. Sporting Hill Drive Mechanicsburg, PA 17055 (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 e subject to the penalties of 18 PA C.S. Section 4904 relati to unsworn falsification to authorities. Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 7, 2000 . A SCHEDULE OF DISTRIBUTION, being d list of the persons and/or governmental (H' corporate entit ielol 01' agencielol being ent itled to receive part of the pl'oc;eeds of the sale l'eceived and to be dilolbursecl by the Sheriff (for example. to banks that hold mortgages and municipalities that aTe owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the pruceeds of sale in accordance with this schedule will, in fac;t, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is fil~d. Information about the Schedule of Distribution may be obtained fl'om the Sher'iff of the Court of Common Plea~l 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 taken away. rights. If PROMPTLY. have legal l'ights to prevent your property from being A lawyer can advise you more speci~ically of these you wish to exercise your l'ights, YOU MUST ACT YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET VORTH 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 AREI 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 obligCltion 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 wi thin County to set dS ide the sa Ie for a gnlssly inadequate price or for other pnJper Cdllfle. This A SCHEDULE OF DISTRIBUTION, being a 1 ist of t.he persons and/or goVel'llfllenta I Ol" C01:pOl"<1te ent i ties at" aqenc ies being ent. i t led to receive pat't of t.he proceeds of t.he sale received and t.o be disbursed by the Sheriff (for example, to banks t:hat hold mort:gages and municipalities that are owed taxes) will be filed by the ShedEE of thin Count.y thirty (30) days after t.he sale and distribution of the pnlceeds of s"le in accol"dance with this schedule will, in tact, be made unless ",omeOl1" objects by filing exceptions to it within ten (10) d':tys of t.he ddte 1t is filed. Informat ion about. the Schedule of Dist.l"ibut ion may be obtained from the Shet"iff of the Court. of Common Pleas of the within County at the Courthouse address specified her"ein, THIS PAPER IS A NOTICE O~ 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 taken away. rights, If PROMPTLY. have legal rights to prevent your property from beins A lawyer" can advise you more specifically of these you wish to exercise your rights, 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 GE'r FREE LEGAL ADVICE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc, 8 It vine 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 Elle a pet.ition with the Court of Common Ploe,w of the within County to set ,IS i<if' tIll> f1,lle for d Cjl"osolly inadequate pLice or for" other pl'l1pE't ,',Ill"", Thi"