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HomeMy WebLinkAbout07-1059Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 07- l d S? ?l U ? 717.234.4178 mtg@pkh.com MIDFIRST BANK IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW MITZY M. PEARL AND ACTION OF MORTGAGE FORECLOSURE KENNETH S. PEARL Defendants THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO'QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 MIDFIRST BANK, I IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. MITZY M. PEARL AND KENNETH S. PEARL, Defendants 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 MIDFIRST BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW MITZY M. PEARL AND ACTION OF MORTGAGE FORECLOSURE KENNETH S. PEARL, Defendants COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is MIDFIRST BANK, a corporation whose address is 999 N.W. GRAND BOULEVARD OKLAHOMA CITY, OK 73118. 2. Defendants, MITZY M. PEARL and KENNETH S. PEARL, are adult individuals whose last known address is 6311 BASEHORE ROAD MECHANICSBURG, PA 17050. 3. On or about, December 17, 1999, the said Defendants executed and delivered a Mortgage Note in the sum of $103,732.00 payable to NATIONAL CITY MORTGAGE CO. D/B/A EASTERN MORTGAGE SERVICES, 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 1588, Page 167 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. and was recorded in the aforesaid County in Mortgage Book 699, Page 3027. The Mortgage was subsequently assigned to MIDFIRST BANK and will be sent for recording. The said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on September 01, 2006 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $96,311.95 Interest at $21.77 per day $4,615.24 From 08/01/2006 To 03/01/2007 ( based on contract rate of 8.2500%) Accumulated Late Charges $560.05 Late Charges $39.04 $234.24 From 09/01/2006 to 03/01/2007 Escrow Deficit $528.52 Attorney's Fee at 5% of Principal Balance $4,815.60 TOTAL $107,065.60 **Together with interest at the per diem rate noted above after March 01, 2007 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. Defendants 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. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. 12. Prior to the commencement of this foreclosure action, Plaintiff sent to Defendants written notice dated November 20, 2006, notifying them of the fact of default, amount needed to cure the delinquency and that if the account was not timely reinstated, a foreclosure action would be filed. A copy of the November 20, 2006 notice is attached hereto and marked Exhibit "C". WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.2500% ($21.77 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's S and for foreclosure and sale of 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) rl COPY 5 ?C -- I ?-c? 0009658317 Multistate NOTE FHA Case No. 441-6175209- 703 December 17, 1999 (Date] 6311 BASEHORE RD, HAMPDEN, Pennsylvania 17055 [Nalmny Addteasl 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means National City Mortgage Cc dba Eastern Mortgage Services and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of ONE HUNDRED THREE THOUSAND SEVEN HUNDRED THIRTY TWO & 00/100 Dollars (U.S. $ 103, 733.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the lost[ proceeds by Leader, at the rate of EI(;RT AND ONE-guARTER percent ( 8.250 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED 4. T4ANNER-018 Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning-rr? February 1 2000 . Any a uazy - told and interest ranattma on do 2030 , will be due on that date, which is called the "Maturity Date." (B) Place Payment , by notice to Borrower. (e) A3auuut Each monthly payment of principal and interest will be in the amount of U.S. S 779.31 This amount will be part of a larger monthly payment requited by the Security Instrument, that shall be applied to principal, it terest-- and other items in the order described in the security Instrumcm (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 incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a past of this Note. [Check applicable box] ? Graduated Payment Albnge ? Growing Equity Allonge ? Other (specify] S. BORROWER'S RIGHT TO PREPAY Borrower has the light to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accent V=ftment on other days provided that Borrows pave interest on the amount popaid for the icmaioder of the month to the extent required by LenW and p y reguLations a orrower num 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. FHA Multistate Fixed Rate Note . I019S -1R tarot] Ilpi 'nt ?In) {Itll„II?II- VMP MONTOAOE FORMS • Ia00aI2ntik I Pao. f 01 2 i 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 tbo end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Four pmt ( 4.00 qb) of the overdue amount of each payment. (B) Defsuk If 1307ondefaults by failing to pay in full any monthly payment, theft Lender may, except as limited by regulations of the Secretary in thelcase of payment defaults, require immediate payment in full of the principal balance remaining due and all a interest Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regal -ion% issued by the Secretary will limit Laudcr's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, Secretary' mesas the Secretary of Housing and Urban Development or his or her designee. (C).Payment.ot Costs and Expenses If .Iznder has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses in cluding•}easonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and i is 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. "PresentacenP means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to gii e notice to other persons that amounts due have not been paid. B. 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-lit or by madng it by first class mail to Borrower at the property address above or at a different address if Borrower has given I-ender a twti 1 of Borrowers different address. Any notice thatimust be given to tender under this Note will be given by fuss class mail to Lender at the address stared in Paragraph 4) or at a different address if Borrower is given a notice of that different address. 9.OBLIGAiTIONSIOF PERSONS UNDER THIS NOTE If morel than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser ofjthis Notei is also obligated-to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. I I BY. SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. . ?.P (Seal) AA. (Seal) I S PEARL -Borrower x1fty if P -Borrower (Seal) (Sea) -Borrower -Borrower .Borrower (Sea) I -Borrower D EC 2 8 1999 PAYTO THE ORDER OF _(Sea) -Borrower -(Seal) -Borrower WITHOUT RECOURSE Papa z of z NATIONAL CITY MORTGAGE CO. -1 R (Beort LA U l ELTON BURRUS ASSIONbABNT SPBCIALIST AZ described ' m unty, Pennsylvania, bounded and n a cor once-c,t.-? c ?r az-rv-i m?-r. t cv 111 r}'-'-? by Ernest J Walker gro€e=-s.?j 1961, as follows. -°eug?t 3? continuing along sal an no 11 degrees 40 minutes West, 166.13 feet to a point in?ther center of Basehore Road at lire thereof North 74 degrees 45 minutes East, 129.61 feet to the poi ??e of SEGINXMG M'VZIYG thereon erected a one and one-half story brick.? rrame dwelling. Orr- AZL SAT GZrRTAM piece or parcel of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the western dedicated right-of- way of Salem Church Road at the dividing line between Lots Nos. 8 and 7 as shown on the hereinafter mentioned plan of lots; thence along said dividing line between Lots Nos. 8 and 7, South 74 degrees 45 minutes West, a distance of 33.31 feet to an iron pin at corner of other herein; thence along said other lands of r%e•Granthe teesrantees herein, North 5 degrees 10 minutes 30 seconds East, a distance of 131.75 feet to a railroad spike on the western dedicated right-of-way line of Salem Church Road first mentioned above; thence along said western dedicated right- of-way line of Salem Church Road on a curve to the left having'a radius of 1,378.14 feet, an arc distance of 123.97 ee to an iron rain on rho ???,e ,r r , Lots Nos. 8 and 7 as shown on the hereinafter mentionedp?an of lots, the place of BEGINN entitled "Preliminary-Final Subdivisi -lra Industrial Park" as recorded in the Of?eaof thedRecorder of Deeds in and for Cumberland County, Pennsylvania, in plan Book 55, Page 139. ' raters erg, ??*? F ? ? ntor t i n ? RaSphnra Rn - ,d Salem Chilrch Rnori. Fab-23-2007 04:42am From-FORCLOSURE T-570 P.001/004 F-441 Midland Mortgage Co. 999 N.W. Grand Boulevard, Suite 110 1Yz6*4f Oklahoma City, Oklahoma 73118 Phone: (405) 426-1200 Fax; (405) 436-1739 Monday, November 20. 2006 COL KENNETH S PEARL 6311 SASEHORE RD MECHANICSBURG PA 17050.2802 CER11FIEd MAIL NOTICE OF INTENTION TO FORECLOSE AM ACCELEKWAM LOAN EA.L% CE UNDER SECTION 403 OF PSMSYLVAN7A ACT NO. 6 OF 1974 1tB: Loan # 50671869 Dear Mortgagor(s): Midland Mortgage Co. is the holder of a Mortgage and a Note on the above premises, or is the mortgage servicing agent for such holder. As of the date of this notice, Tnp_ MORTGAGE IS IN DEFAULT STATUS because of nonpayment of the following: Payments, late charges, and advances from 91112006 through 11114/2005. The total amount now required to cure the default, or in other words get caught up in your payments, is - All payments referred to in this notice must be in the form of cashier's or certified check made payable to Midland Mortgage Co., and must be received at P.O. Box 268688, Oklahoma City, OK 73126-8888, not later than the dates and times specified herein. in the event payment, a$ specified in the proceeding paragraph, is not made WITHIN THIRTY (30) DAYS from the date of this letter, it is the intention of the holder oau?handortgage, paye through this company, to accelerate (declare immediately the entire loan) the mortgage obligation and all other lawful charges and instruct our attorney to institute MORTGAGE FORECLOSURE PROCEEDING. 1 ?r? 1 1?1 1 1 h ' b Feb-23-2007 09:42am From-FORCLOSURE T-570 P-002/004 F-441 days (a) if you wish to CURE THE DEFAULT UL C Within tthirty from the date of this letter, you P Y stated above, plus an additional monthly installment if payment is made after the 1st day of the next month, plus an late charge if due at time of payment and not included above. A LATE CHARGE is due with each mortgage payment paid more than fifteen (15) days after the due date. Your current monthly installment is $1,010.63 . (b) If payment is made AFTER THIRTY (30) DAYS from the date of this letter, but BEFORE FORECLOSURE PROCEEDING has been started, the amount you will have to pay will also include the regular monthly installments and late charges then due, plus, if incurred, any ATTORNEY'S FEE OF NOT MORL THAN $50.00 and any title report costs, which amount can be obtained by contacting'Midland Mortgage Co. at 1-800-552-3000. Agm FpRgCLOSURZ PROCEEDING HAS BEEN STARTED, you have the right to STOP the foreclosure action any time up to ONE (1) HOUR BEFORE the commencement of the SHERIFF'S SALE by paying the entire amount due at the time, which shall include all delinquent installments and unpaid late charges, together with RLASONABLE LEGAL FEES ACTUALLY INCURRED, cost and other sums related to the foreclosure action, which amount can be obtained by contacting Midland Mortgage Co. at 1-800-552-3000. Should ybu FAIL to reinstate the loan as Qutlined above, the mortgage premises will be SOLD AT SHERIFF'S SALE, which will take place approximately seven (7) to eleven (11) weeks following SERVICH of the Complaint in Mortgage Foreclosure, at which time your OWNERSHIP interest in mortgage premises will be TERMINATED, and thereafter, if occupied, proceedings will be taken to OBTAIN POSSESSION of the real estate. You have the right to REFINANCE THE LOAN with another lending institution or TRANSFER THS PROPERTY to another person, under and subject to the existing mortgage. That person will have the SAME RIGHT TO CURE THE DEFAULT as you have, subject to the same limitation and requirements. You may CURE DEFAULTS up to three (3) tames in any calendar year. Upon cure of a default you will be in the same position as if there had been NO DEFAULT. A default may be cured by ANYONE on your behalf. sincerely, Midland Mortgage Co. Collection Department 50611869 Feb-23-2007 09:42ae FrowFORCLOSURE T-570 P-003/004 F-441 Midland Mortgage Co. 999 N.W. Grand Boulevard, Suite 110 lyy;+ Oklahoma City, Oklahoma 73118 Phone: (405) 426.1200 Fag: (405) 426-1739 Monday, mvember20, 2006 LGERTIFIED MAIL COL MITZY M PEARL 6311 BASEHORE RD MECHANICSBURG PA 17050-2802 NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE LOAN BALANCE UNDER SECTION 403 OF PENNSYLVANIA ACT NO. 6 OF 1974 RE: Loan # 50671869 Dear Mortgagor(s): Midland Mortgage Co. is the holder of a Mortgage and a Note on the above premises, or is the mortgage servicing agent for such holder. As of the date of this notice, THE MORTGAGE IS IN DEFAULT STATUS because of nonpayment of the following: Payments, late charges, and advances from 9112006 through 11»412006 The total amount now required to cure the default, or in other words get caught up in your payments, is $3,566.58 All payments referred to in this notice must be in the form of cashier's or certified check made payable to Midland Mortgage Co., and must be received at P.O. Box 268868, Oklahoma City, OK 73126-8888, not later than the dates and times specified herein. In the event payment, as specified in the proceeding paragraph, is not made W3!TRIN THIRTY (30) DAYS from the date of this letter, it is the intention of the holder of the mortgage, through this company, to accelerate (declare due and payable immediately the entire loan) the mortgage obligation and all other lawful charges and instruct our attorney to institute MORTGAGE FORECLOSURE PROCEEDING. Feb-23-2007 09:43am From-FORCLOSURE T-570 P-004/004 F-441 (a) If you wish to CURE THE DEFAULT within thirty (30) days from the date of this letter, you must pay the TOTAL AMOUNT DUE stated above, plus an additional monthly installment if payment is made after the 1st day of the next month, plus an additional late charge if due at time of payment and not included above. A LATE CWARGE is due with each mortgage payment paid more than fifteen (15) days after the due date. Your current monthly installment is $1,010.83 . (b) If payment is made AFTER THIRTY (30) DAYS from the date of this letter, but BEFORE FORECLOSURE PROCEEDING has been started, the amount you will have to pay will also include the regular monthly installments and late charges then due, plus, if incurred, any ATTORNEY'S FEE OF NOT MORE TBAN $50.00 and any title report costs, which amount can be obtained by contacting Midland Mortgage Co. at 1-800-552-3000. AFTER FORECLOSURE PROCEEDING HAS BEEN STARTED, you have the right to STOP the foreclosure action any time up to ONE (1) HOUR BEFORE the commencement of the SHERIFF'S SALE by paying the entire amount due at the time, which shall include all delinquent installments and unpaid late charges, together with REASONABLE LEGAL FEES ACTUALLY INCURRED, cost and other sums related to the foreclosure action, which amount can be obtained by contacting Midland Mortgage Co. at 1-800-552-3000. Should you FAIL to reinstate the loan as outlined above, the mortgage premises will be SOLD AT SHERIFF'S SALE, which will take place approximately seven (7) to eleven (11) weeks following SERVICE of the Complaint in Mortgage Foreclosure, at which time your OWNERSHIP interest in mortgage premises will be TERMINATED, and thereafter, if occupied, proceedings will be taken to OBTAIN POSSESSION of the real estate. You have the right to REFINANCE THE LOAN with another lending institution or TRANSFER THE PROPERTY to another person, under and subject to the existing mortgage. That person will have the SAME RIGHT TO CURB. THE DEFAULT as you have, subject to the same limitation and requirements. You may CURE DEFAULTS up to three (3) times in any calendar year. Upon cure of a default you will be in the same position as if there had been NO DEFAULT. A default may be cured by ANYONE on your behalf. Sincerely, Midland Mortgage Co. Collection Department 50671869 COMPANY NAME: MIDFIRST BANK VERIFICATION Title Ywe Presic,- I verify that the statements made in the foregoing Complaint are true and correct. 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. Dated By c ra t-*'t ?'L7 N G c? -rt u l .. r `f L J Leon P. Haller Purcell, Krug & Haller 1719 N. Front Street Harrisburg, PA 17102-2392 (717) 234-4178 Ihallerta'pkh.com MIDFIRST BANK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 2007 - 01059 MITZY M. PEARL AND KENNETH S. PEARL, Defendants IN MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY: Please mark the above case settled and discontinued, without prejudice. PURCELL, KRUG & HALLER B Leon P. Haller D #15700 Attorney for Plaintiff Date: June 20, 2007 r? G z 7y, a SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-01059 P CO,NlMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MIDFIRST BANK VS PEARL MITZY M ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT TENANT/OCCUPANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 6311 BASEHORE ROAD NOT FOUND , as to , TENANT/OCCUPANT MECHANICSBURG, PA 17050 THERE WERE NO TENANT/OCCUPANTS OTHER THAN DEFENDANTS. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 31?a 1 21.00 So an R. Zhinf Ks Kline Sheriff of Cumberland County PURCELL KRUG HALLER 03/09/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-01059 P ., t COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIDFIRST BANK VS PEARL MITZY M ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PEARL KENNETH S the DEFENDANT , at 2019:00 HOURS, on the 8th day of March , 2007 at 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 by handing to KENNETH PEARL a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 31"J61 q, ? 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 03/09/2007 PURCELL KRUG HALLER By: Deputy S eri f A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-01059 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIDFIRST BANK VS PEARL MITZY M ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PEARL MITZY M the DEFENDANT at 2019:00 HOURS, on the 8th day of March 2007 at 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 by handing to KENNETH PEARL, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.56 Postage .39 Surcharge 10.00 .00 38.95 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 03/09/2007 PURCELL KRUG HALLER By. ep ty heriff , A. D.