HomeMy WebLinkAbout00-07720
.
MIDFIRST BANK
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff
CIVIL ACTION - LAW
vs.
TIMOTHY M. BLOSSER AND
HELEN T. BLOSSER
ACTION OF MORTGAGE FORECLOSURE
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Defendants
TillS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT
A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU
WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action
within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and
fIling in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so
the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money
claim in the Complaint of for auy other claim or relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS POPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT RA VB A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR1H BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
lCOUR1HOUSESQUARE
CARLISLE, PA 17013-3387
717-249-3166
AVISO
LE RAN 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 A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 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
P ARTICIPACION. 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 DlNERO, PROPIEDAD U OTROS DERECHOS lMPORTANTES.
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
1 COURTHOUSE SQUARE
CARLISLE, PA 17013-3387
717-249-3166
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Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
MIDFIRST BANK,
vs.
TIMOTHY M. BLOSSER AND
HELEN T. BLOSSER,
CIVIL ACTION LAW
ACTION OF MORTGAGE FORECLOSURE
Defendants
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
I 719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
Attorney I.D.# 15700
Attorney for Plaintiff
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Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MIDFIRST BANK,
vs.
CML ACTION - LAW
Defendants
ACTION OF MORTGAGE FORECLOSURE
lZo.lJV. 77020 ~ T.u.-
TIMOTHY M. BLOSSER AND
HELEN T. BLOSSER,
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff, MIDFIRST BANK, is an Oklahoma Corporation, whose address is 3232 WEST RENO
OKLAHOMA CITY, OKLAHOMA 73107.
2. Defendant, TIMOTHY M. BLOSSER, is an adult individual, whose last known address is 1669 QUAIL
DRIVE, CARLISLE, PENNSYLVANIA 17013. Defendant, HELEN T. BLOSSER, is an adult
individual, whose last known address is 1669 QUAIL DRIVE, CARLISLE, PENNSYLVANIA 17013.
3. On or about, April 23, 1991 the said Defendants executed and delivered a Mortgage Note in the sum of
$64,900.00 payable to GMAC MORTGAGE CORPORATION OF PA, 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 1009, Page 686 conveying to original Mortgagee the subject
premises. The Mortgage was subsequently assigned to SOURCE ONE MORTGAGE SERVICES
CORPORATION and was recorded in the aforesaid County in Book 436, Page 672. The Mortgage was
subsequently assigned to NATIONSBANC MORTGAGE CORPORATION and was recorded in the
aforesaid County in Book 502, Page 1008. The Mortgage was further assigned to MIDFIRST BANK
and was recorded in the aforesaid County in Book 596, Page 861. The said Mortgage and Assignment
are incorporated herein by reference.
5. The land subject to the Mortgage is: 1669 QUAIL DRIVE, CARLISLE, PENNSYLVANIA 17013 and
is more particularly described in Exhibit "B" attached hereto.
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6. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on
October 1, 1999 and all subsequent installments thereon, and the following amounts are due on the
Mortgage:
UNPAID PRINCIPAL BALANCE
$56,263.52
Interest at $13.87 per day
From 09/01/1999 To 11/0112000
(based on contract rate of9.000%)
$5,908.62
Accumulated Late Charges
$221.41
Late Charges at $32.94
Per Month for 14 months
$461.16
Escrow Deficit
$1,493.65
$2,813.18
Attorney's Fee at 5.0% of Principal Balance
$67,161.54
**Together with interest at the per diem rate noted above after November 1, 2000 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
Sheriffs 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 balance exceeds $50,000.00.
10. Defendants are not members of the Armed Forces ofthe 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.
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WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned
total amount due together with interest at the rate of 9.000% ($13.87 per diem), together with other charges and
costs including escrow advances incidental thereto to the date of Sheriff s Sale and for foreclosure and sale of
th, property wi""" d,,,"ood. By' ~~
'" P ELL, G & HALLER
Leon P. Haller, Esquire
Attorney for Plaintiff
I.D. # 15700
1719 N. Front Street
Harrisburg, PA 17102
(717-234-4178)
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Multistate
Lj ;2. ~ 'b 9!:? '3' t/ Inan No: 1-573680-22
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'= NOTE , ~~,'I!~ FHA Case No.
441-427979 703
1991
[Dale] J PA 17013
1669 QUAIL DRIVE CARLIS LE
IProperlyAddressj
APllIL 23,
t. PARTIES
"Borrower" means each person signing at the end of this Note. and the person's successors and assigns. "Lender" means
GMAC MORTGAGE CORPORATION OF PA
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
SIXTY-FOUR THOUSAND NINE HUNDRED AND 00/100 ***********************************
Dollars (U.S. $ 64,900.00 ), plus interest, to the order of Lender. Interest will be"charged on unpaid principal,
from the date of disbursement of the loan proceeds by Lender, at the rate of NINE AND 00/100
per cent ( 9.000 Ofo) per year until the full amount of principal has been paid.
3. PROMISE TO PAY SECURED
B~rrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same
date as this Note and called the "Security- Instrument." That Security Instrument protects the Lender from losses which might
result if Borrower defaults under this Note.
4, MANNER OF PAYMENT
(A) Time
Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on
JUNE 01, _1991 . Any principal and interest remaining on the first day of .MAY
20 21 , will be due on that date, which is called the maturity date. I
(B) Place
Payment shall be made at 8360 OLD YORK ROAD
ELKINS PARK, PA 19117-1590 or at such other place as Lender may designate in writing.
(C) Amount
Each monthly payment of principal and interest will be in the amount of $ 522.20 . This amount
will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and
other items in the order described in the Security Instrument.
(D) Allonge -to this note for payment adjustments
If an allonge providing for payment ~djustments 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
part of this Note. [Check applicable box] ~
o Adjustable Rate Allonge
o Growing Equity Allonge
o Graduated Payment Allonge
o Other
5. BORROWER'S RIGHT TO PREPAY .
Borrower has the right to pay the debt evidenced by this Note. i~ whole or in part, without charge or penalty, on. the
first day of any month.
6. BORROWER'S FAILURE TO PAY
.
(A) Late Charge for Overdue PayineDts
If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(q
of this Note by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of
FOUR AND 00/100 per cent ( 4.00 O!o) qttlpeoverdue amount of each payment.
(B) Default w ., I
If Borrower defaults by failing to pay in full any monthly payment, then~Lender may, except as limited by regulations
of the Secretary in tbe case of payment. defaults, require immediate payment in~.fu'1i of tbe principal balance remaining due
and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent
default. In many circumstances regulations issued by the Secretary will limit Lender's r:ights to require immediate payment
in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by Hun regulations.
As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee.
(C) Payment of Costs and Expenses
If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs
and expenses including reasonable and customary attorneys' fees for enforcing this Note. Such fees and costs shall bear interest
from the date of disbursement 'at th; same rate as the principal of this Note.
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7. WAIVERS
Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor.
"Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right
to require Lender to give notice to other persons that amounts due have not been paid.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be
given by delivering it or. by mailing it by first class mail to Borrower at the property address above or at a different address
if Borrower has given Lender a notice of Borrower's different address.
Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated
in Paragraph 4(8) or at a different address if Borrower is given a notice l:!f that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep aILof 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 of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights
under this Note against each person ~ridivi"~aIJY o~, ,a,~qst i\t!\ sig,p.atQricrs together. Anyone person signing this Note may
be required to pay all of the amount~ under this Note. , . ,. "
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BY SIGNING BELOW, Borrower accepts and agrees to the terms and
d in this Note.
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
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SCHEDULE A
ALL THAT CERTAIN lot or tract of ground situate in Nor~h Middleton
Township, Cumberland County. Commonwealth of Pennsylvania, more
pllrt:lcularly shown on a certain plan en~itled "Final Subdividon Plan
of Se~tion It S~eet 2 of 3 '~e6S8nt Run Estates fo~ Hetlaneo, Ine.,
North Middleton Townuhlp, Cumberland County, Pennsylvania Sea let
1""50" April 9, 1975 Re'lised, April 30, 1975 by Gerrit J. 8et.
Associates, Inc., &ngi~eers & Surveyors, & East HlIin Street,
Shiremanstown, Penneylvnaia, which plan i8 filed ~n Plan Book 29 at
Page 7 in the Office of the Recorder of Deeds for Cumberland County.
Said lot is more particularly bounded and described as follows:
ZEGINNING at a point at the western right-of-way line of Quail Drive,
said point also being at the dividing line of Lots '38 and '39 as
shown on a Plsn ot Recording of Pheasant Run Eatates, Section 1,
Plan Book 29, Page 7; thence from sald point of beginning. along the
aforesaid western rightwof-way line. South 18 degrees 01 ~inute 11
seconds Weat 40.50 feet to a point; thence by same by a curve to the
right, 8.. radius of 15.00 feet, distance of 23.56 feet to a point at
the northern rIght-of_a)' line of PheaS4nt Drive (South); thence by .
aforeaa1.d northern right-of-way Une, North 71 degrees 58 minutea 43
seconds West 31.05 feet to a point; thence by sallie by a curve to the
left, s radius of 360.00 feet, a distance of 70.33 feet to a point;
thence by seme, North 83 degrees 10 minutes 21 seconds West 11.50
feet to 8 point at the centerline of a 10.00 foot easement; thence by
aforesaid easement centerHne, North 06 degrees 49 minutes 39 seconds
East 65.83 feet to a point at the southern property line of Lot qJ8;
thence by aforeaaid southern line, South 71 degrees 58 minutes 4J
seconds East IqO.OO feet to a point. being the place of Beginning.
BEING Lot q39 of Pheasant Run Estates. Section I, recorded in Plan
Book 29, Page 7.
BEING KNOWN AS 1669 Quail n~ive.
BEING the same premises. which Douglas B. Brown and Donna R. Brown, by
Indenture bearing date the 23rd day of~April A.D. 1991, and intended
to be forthwith reeorded in the Office for the Reeording of Deeds
in and for the County of Cumberland, Commonwealth of Pennsylvania,
granted and conveye~ unto the aaid Hortgagor, in fee.
UNDER AND SU&JECT to certain re&tri~tion& now of record.
THIS MORTGAGE being intended to be s Purchase Money Mortgage under the
provisions of the Lien Priority Law aa amend'ed.
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QCT-12-2000 09:30
PURCELL,KRUG,HRLLER
717 234 7512
P.07/07
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COMP ANY NAME: MlDFIRST BANK.
VERIFICAT.ON
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 lUl.J:i!l( 26, 2000
By~i (kw
Title
Ttlad Burr
Vice President
TOTAL P.07
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-07720 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MIDFIRST BANK
VS
BLOSSER TIMOTHY M ET AL
ROBERT L. FINK
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
BLOSSER TIMOTHY M
the
DEFENDANT
, at 0011:50 HOURS, on the 14th day of November, 2000
at 1669 QUAIL DRIVE
CARLISLE, PA 17013
by handing to
TIMOTHY BLOSSER
a true and attested copy of COMPLAINT - MORT FORE
together with
NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
SurchaTge
18.00
3.10
.00
10.00
.00
31.10
So ;;~~e
R. Thomas Kline
11/15/2000
PURCELL, KRUG & HALLER
me this /AF
day of
By:~~~;;t~~
Deputy Sherl
Sworn and Subscribed to before
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SHERIFF'S RETURN - REGULAR
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CASE NO: 2000-07720 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MIDFIRST BANK
VS
BLOSSER TIMOTHY M ET AL
ROBERT L. FINK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
BLOSSER HELEN T
the
DEFENDANT
, at 0011:50 HOURS, on the 14th day of November, 2000
at 1669 QUAIL DRIVE
CARLISLE, PA 17013
by handing to
TIMOTHY BLOSSER (HUSBAND)
a true and attested copy of COMPLAINT - MORT FORE
together with
NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
So Answers:
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R. Thomas Kline
11/15/2000
PURCELL, KRUG & HALLER
me this lAY
day of
BY:~~~~~
Deput Sherlff
Sworn and Subscribed to before
AQ;o~ ;Lg-y-o A.D.
~Q~~
, othonotary .
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MIDFIRST BANK,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS_
CIVIL ACTION - LAW
NO. 2000 07720
TIMOTHY M. BLOSSER AND
HELEN T. BLOSSER,
DEFENDANTS
IN MORTGAGE FORECLOSURE
P RAE C I P E
TO THE PROTHONOTARY OF THE WITHIN COUNTY:
Please enter JUDGMENT "in rem" in favor of the plaintiff and
against Defendants TIMOTHY M. BLOSSER AND HELEN T. BLOSSER for
failure to plead to the above action within twenty (20) days from
date of service of the Complaint, and assess Plaintiff's damages as
follows:
Unpaid principal balance
Interest
(Per diem of $13.87
from 9/1/99 to 11/1/00)
Accumulated late charges
Late charges
($32.94 per month to 11/00)
Escrow Deficit
5% Attorney's Commission
TOTAL
$56,263.52
$ 5,908.62
$ 221.41
$ 461.16
$ 1,493.65
$ 2,813.18
$67,161. 54**
** Together with additional interest at the per diem rate indicated
above from the date herein, based on the contract rate, and other
charges and costs to the date of Sheriff's Sale.
PURCELL,u_~~ & U4R
By ~~
Leon P. Haller PA I.D. #15700
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
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MIDFIRST BANK,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
TIMOTHY M. BLOSSER AND
HELEN T. BLOSSER,
DEFENDANTS
CIVIL ACTION - LAW
NO. 2000 07720
IN MORTGAGE FORECLOSURE
CERTIFICATE OF SERVICE
PURSUANT Tb PA. R.C.P. 237.1
I hereby certify that on FEBRUARY 21, 2001 I served the Ten
Day Notice required by Pa. R.C.P. 237.1 on the Defendant(s) in this
matter by regular first class mail, postage prepaid, as indicated
on the attached Notice.
By
Leon P. Haller PA I.D. #15700
Attorney for Plaintiff
Purcell, Krug & Haller
1719 North Front St.
Harrisburg, PA 17102
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Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: NO. 00-7720 CNIL
TIMOTHY M. BLOSSER AND HELEN T.
BLOSSER
: CNIL ACTION LAW
: IN MORTGAGE FORECLOSURE
Defendants
DATE OF THIS NOTICE: February 21, 2001
TO:
TIMOTHY M. BLOSSER
1669 QUAIL DRNE
CARLISLE, PA 17013-1245
HELEN T. BLOSSER
1669 QUAIL DRNE
CARLISLE,PA 17013-1245
TillS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO
COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED
FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10)
DAYS FROM THE DATE OF THIS NOTICE, A ruDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER
OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT
WHERE YOU CAN GET LEGAL HELP:
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
CARLISLE, PA 17013
717-249-3166
By
LEON p, HALLER, Attorney for Plaintiff
LD. # 15700
1719 N. Front St., Harrisburg, PA 17102
(717) 234-4178
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MIDFIRST BANK,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
TIMOTHY M. BLOSSER AND
HELEN T. BLOSSER,
DEFENDANTS
CIVIL ACTION - LAW
NO. 2000 07720
IN MORTGAGE FORECLOSURE
NOTICE OF ENTRY OF JUDGMENT
TO THE ABOVE-NAMED DEFENDANTS:
You
following
captioned
are hereby notified that
judgment has been entered
matter:
on ~ /3- d-.tIV I the
against you in the above-
$67,161.54 and for the sale and foreclosure of your property
located at: 1669 Quail Drive, Carlisle, PA 17013
Dated:
3- 13~ol
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PROTHONOTARY~
Attorney for Plaintiff:
Leon P. Haller
1719 North Front Street
Harrisburg, PA 17102
Phone: (717) 234-4178
I hereby certify that the following person(s) and their respective
addresses are the proper individuals to receive this Notice
pursuant to PA R.C.P. No. 236:
Timothy M. Blosser
1669 Quail Drive
Carlisle, PA 17013-1245
Helen T. Blosser
1669 Quail Drive
Carlisle, PA 17013-1245
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW AT NO. 2000 07720
MIDFIRST BANK,
PLAINTIFF
TOTAL AMOUNT /
OF JUDGMENT $67,161.54'
Interest at $13.87 per diem
to sale date $ 3,009.79
Late charges at $32.94 per month
to sale date $ 197.64
Escrow Deficit $ 2,000.00
TOTAL $72,368.97*
VS.
TIMOTHY M. BLOSSER AND
HELEN T. BLOSSER,
DEFENDANTS
*SALE DATE: WEDS.,JUNE 6, 2001
(PROTHONOTARY'S USE)
Plaintiff
Attorney
Sheriff
This Writ
PRAECIPE FOR WRIT OF EXECUTION
MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183
TO THE PROTHONOTARY/CLERK OF SAID COURT:
Issue Writ of Execution in the
tioned case.
Date: March 9, 2001
Attorney for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
Leon P. Haller
PA I.D. #15700
WRIT OF EXECUTION - MORTGAGE FORECLOSURE
COMMONWEALTH OF PENNSYLVANIA
5S
COUNTY OF CUMBERLAND
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the judgment, interest and costs in the above
captioned case, you are directed to levy upon and sell the property
described in the attached description known as 1669 QUAIL DRIVE,
CARLISLE, PA 17013.
Date:
PROTHONOTARY/CLERK
CIVIL DIVISION
BY
DEPUTY
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ALL THAT CERTAIN lot or tract of ground situate in North
Middleton Township, Cumberland County, Commonwealth of
pennsylvania, more particularly shown on a certain plan entitled
"Final Subdivision Plan of section I: Sheet 2 of 3 Pheasant Run
Estates for Metlanco, Inc., North Middleton Township, Cumberland
County, Pennsylvania Scale: 1"=50' April 9, 1975 Revised: April
30, 1975" by Gerrit J. Betz Associates, Inc., Engineers &
Surveyors, 6 East Main Street, Shiremanstown, pennsylvania, which
plan is filed in Plan Book 29 at Page 7 in the Office of the
Recorder of Deeds for Cumberland County. Said lot is more
particularly bounded and described as follows:
BEGINNING dt a point at the western right-of-way line of Quail
Drive, said point also being at the dividing line of Lots #38 and
#39 as shown on a Plan of Recording of Pheas~nt Run Estates,
section I, Plan Book 29, Page 7; thence from said point of
beginning, along the aforesaid western right-of-way line, South
18 degrees 01 minute 17 seconds West 40.50 feet to a point;
thence by same by a curve to the right, a radius of 15.00 feet,
distance of 23.56 feet to a point at the northern right-of-way
line of Pheasant Drive (South); thence by aforesaid northern
right-of-way line, North 71 degrees 58 minutes 43 seconds West
31.05 feet to a point; thence by same by a curve to the left, a
radius of 360.00 feet, a distance of 70.33 feet to a point;
thence by same, North 83 degrees 10 minutes 21 seconds West 11.50
feet to a point at the centerline of a 10.00 foot easement;
thence by aforesaid easement centerline, North 06 degrees 49
minutes 39 seconds East 65.83 feet to a point at the southern
property line of Lot #38; thence by aforesaid southern line,
South 71 degrees 58 minutes 43 seconds East 140.00 feet to a
point, being the place of BEGINNING.
BEING Lot #39 of Pheasant Run Estates, Section I, recorded in
Plan Book 29, Page 7.
TOGETHER with the right, in common with others, to pass and
repass for ingress and egress over the roads as shown on said map
from the lot herein conveyed.
BEING subject to a Declaration of Covenants recorded in Misc.
Book 242, Page 834, in the Office of the Recorder of Deeds for
Cumberland County.
BEING THE SAME PREMISES WHICH Douglas B. Brown and Donna R. Ott,
formerly Donna R. Brown, by deed dated 4/23/91 and recorded in Deed
Book B-35, Page 655 granted and conveyed unto Timothy M. Blosser
and Helen T. Blosser.
TO BE SOLD AS THE PROPERTY OF TIMOTHY M. BLOSSER AND HELEN T.
BLOSSER ON JUDGMENT NO. 2000 07720.
PARCEL: 29-17-1583-105
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MIDFIRST BANK,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
TIMOTHY M. BLOSSER AND
HELEN T. BLOSSER,
DEFENDANTS
CIVIL ACTION - LAW
NO. 2000 07720
IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1
The Plaintiff in the above action, by its attorneys, Purcell,
Krug & Haller, sets forth as of the date the praecipe for the writ
of execution was filed, the following information concerning the
real property located at 1669 QUAIL DRIVE, CARLISLE, PA 17013:
1. Name and address of the Owner(s) or Reputed Owner(s):
Timothy M. Blosser
1669 Quail Drive
Carlisle, PA 17013
Helen T. Blosser
1669 Quail Drive
Carlisle, PA 17013-1245
2. Name and address of Defendant (s)
different from that listed in (1) above:
in the Judgment, if
SAME
3. Name and address of every judgment creditor whose judgment
appears of record on the real property to be sold:
Commonwealth of pennsylvania
Department of Revenue
Bureau of Compliance
Clearance Support/Sheriff Sales
P.o. Box 281230
Harrisburg, PA 17128-1230
Commonwealth of Pennsylvania
Bureau of Compliance
Dept. 280946
Harrisburg, PA 17128-0946
Commonwealth of Pennsylvania
Department of Labor & Industry
Labor & Industry Building 16th Floor
Harrisburg, PA 17120
Commonwealth of pennsylania
Office of Chief Counsel
Unemployment Compensation Review Board
909 Green Street
Harrisburg, PA 17102
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4 . Name and address of last recorded holder of every mortgage
of record: PLAINTIFF HEREIN
(AND ANY OTHERS AS NOTED BELOW) :
Linda B. Baer
6 Ramsgate Drive
Hummelstown, PA 17036
Edward N. Baer
6 Ramsgate Drive
Hummelstown, PA 17036
5. Name and address of every other person who has any record
lien on the property: UNKNOWN
6 .
interest
sale:
Name and address of every other person who has any record
in the property and whose interest may be affected by the
UNKNOWN
7. Name and address of every other person of whom the
Plaintiff has knowledge who has any interest in the property which
may be affected by the sale: TENANTS IF ANY ...
Domestic Relations Office
Cumberland County Courthouse
Hanover & High Streets
Carlisle, PA 17013
(In the preceding information, where addresses could not be
reasonably ascertained, the same is indicated.)
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge, information and
belief. I understand that false statements herein are made subject
to the penalties of 18 PA C.S. Section 4904 relating to unsworn
falsification to authorities.
Leon P. Haller PA I.D. #15700
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
DATE: March 9, 2001
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MIDFIRST BANK,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
TIMOTHY M. BLOSSER AND
HELEN T. BLOSSER,
DEFENDANTS
CIVIL ACTION - LAW
NO. 2000 07720
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
TAKE NOTICE:
That the Sheriff's Sale of Real Property (real estate) will be
held:
DATE:
WEDNESDAY, JUNE 6, 2001
TIME: 10:00 O'clock A.M.
LOCATION: Commissioner's Hearing Room
2nd Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal
description mainly consisting of a statement of the measured
boundaries of the property, together with a brief mention of the
buildings and any other major improvements erected on the land.
(SEE DESCRIPTION ATTACHED)
THE LOCATION of your property to be sold is:
1669 QUAIL DRIVE
CARLISLE
CUMBERLAND COUNTY
PENNSYLVANIA
THE JUDGMENT under or pursuant to which your property is being
sold is docketed in the within Commonwealth and County to:
NO. 2000 07720
is:
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property
TIMOTHY M. BLOSSER AND HELEN T. BLOSSER
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A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to
recei ve part of the proceeds of the sale recei ved and to be
disbursed by the .Sheriff (for example, to banks that hold mortgages
and municipalities that are owed taxes) will be filed by the
Sheriff of this County thirty (30) days after the sale and
distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing
exceptions to it within ten (10) days of the date it is filed.
Information about the Schedule of Distribution may be obtained
from the Sheriff of the Court of Common Pleas of the within County
at the Courthouse address specified herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO
PAY THE JUDGMENT.
You may have legal rights to prevent your property from being
taken away. A lawyer can advise you more specifically of these
rights. If you wish to exercise your rights, YOU MUST ACT
PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
717-243-9400
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
the within County to open the judgment if you have a meritorious
def~nse against the person or company that has entered judgment
agalnst you. You may also file an petition with the same Court if
you are aware of a legal defect in the obligation or the procedure
used against you.
2. After the Sheriff's Sale you may file a petition with the
Court of Common Pleas of the within County to set aside the sale
for a grossly inadequate price or for other proper cause. This
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petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
3. A petition or petitions raising the legal issues or rights
mentioned in the preceding paragraphs must be presented to the
Court of Common Pleas of the within County. The petition must be
served on the attorney for the creditor or on the creditor before
presentation to the court and a proposed order or rule must be
attached to the petition.
If a specific return date is desired, such date must be
obtained from the Court Administrator's Office - Civil Division, of
the within County Courthouse, before a presentation of the petition
to the Court.
A copy of the Writ of Execution is attached hereto.
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
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ALL THAT CERTAIN lot or tract of ground situate in North
Middleton Township, Cumberland County, Commonwealth of
Pennsylvania, more particularly shown on a certain plan entitled
"Final Subdivision Plan of section I: Sheet 2 of 3 Pheasant Run
Estates for Metlanco, Inc., North Middleton Township, Cumberland
County, Pennsylvania Scale: 1"=50' April 9, 1975 Revised: April
30, 1975" by Gerrit J. Betz Associates, Inc., Engineers &
Surveyors, 6 East Main Street, Shiremanstown, Pennsylvania, which
plan is filed in Plan Book 29 at Page 7 in the Office of the
Recorder of Deeds for Cumberland County. Said lot is more
particularly bounded and described as follows:
BEGINNING at a point at the western right-of-way line of Quail
Drive, said point also being at the dividing line of Lots #38 and
#39 as shown on a Plan of Recording of Pheasant Run Estates,
section I, plan Book 29, Page 7; thence from said point of
beginning, along the aforesaid western right-of-way line, South
18 degrees 01 minute 17 seconds West 40.50 feet to a point;
thence by same by a curve to the right, a radius of 15.00 feet,
distance of 23.56 feet to a point at the northern right-of-way
line of Pheasant Drive (South); thence by aforesaid northern
right-of-way line, North 71 degrees 58 minutes 43 seconds West
31.05 feet to a point; thence by same by a curve to the left, a
radius of 360.00 feet, a distance of 70.33 feet to a point;
thence by same, North 83 degrees 10 minutes 21 seconds West 11.50
feet to a point at the centerline of a 10.00 foot easement;
thence by aforesaid easement centerline, North 06 degrees 49
minutes 39 seconds East 65.83 feet to a point at the southern
property line of Lot #38; thence by aforesaid southern line,
South 71 degrees 58 minutes 43 seconds East 140.00 feet to a
point, being the place of BEGINNING.
BEING Lot #39 of Pheasant Run Estates, Section I, recorded in
Plan Book 29, Page 7.
TOGETHER with the right, in common with others, to pass and
repass for ingress and egress over the roads as shown on said map
from the lot herein conveyed.
BEING subject to a Declaration of Covenants recorded in Misc.
Book 242, Page 834, in the Office of the Recorder of Deeds for
Cumberland County.
BEING THE SAME PREMISES WHICH Douglas B. Brown and Donna R. Ott,
formerly Donna R. Brown, by deed dated 4/23/91 and recorded in Deed
Book B-35, Page 655 granted and conveyed unto Timothy M. Blosser
and Helen T. Blosser.
TO BE SOLD AS THE PROPERTY OF TIMOTHY M. BLOSSER AND HELEN T.
BLOSSER ON JUDGMENT NO. 2000 07720.
PARCEL:
29-17-1583-105
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Midfirst Bank
VS
Timothy M. Blosser
Helen T. Blosser
In the Court of Common Pleas of
CumberlandCounty,Pennsylvania
No.2000-7720 Civil
R. Thomas Kline, Sheriff, who being duly sworn according to law says this writ, is returned Stayed.
Sheriff's Costs:
Docketing
Poundage
Posting Bills
Advertising
Law Library
County
Mileage
Levy
Certified Mail
Surcharge
Postpone Sale
Law Journal
Patriot News
Share of Bills
30.00
10.40
15.00
15.00
.50
1.00
3.10
15.00
1.30
30.00
20.00
146.05
238.06
22J12...
550.50
paid by attorney
05-21-01
Sworn and Subscribed To Before Me
This 50:: Day o~~ ,
2001 A.D. ~Q~}I', :~
P 0 onotary
~~~
~. Th~mas Kline, Sh~riff
By ~a;:;zeri~
I.ao ch. 31Ob_>1
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MIDFIRST BANK,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
TIMOTHY M. BLOSSER AND
HELEN T. BLOSSER,
DEFENDANTS
CIVIL ACTION - LAW
NO. 2000 07720
,
j
IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1
The Plaintiff in the above action, by its attorneys, Purcell,
Krug & Haller, sets forth as of the date the praecipe for the writ
of execution was filed, the following information concerning the
real property located at 1669 QUAIL DRIVE, CARLISLE, PA 17013:
1. Name and address of the Owner(s) or Reputed Owner(s):
Timothy M. Blosser
1669 Quail Drive
Carlisle, PA 17013
Helen T. Blosser
1669 Quail Drive
Carlisle, PA 17013-1245
2. Name and address of Defendant (s)
different from that listed in (1) above:
in the Judgment, if
SAME
3. Name and address of every judgment creditor whose judgment
appears of record on the real property to be sold:
Commonwealth of Pennsylvania
Department of Revenue
Bureau of Compliance
Clearance Support/Sheriff Sales
P.O. Box 281230
Harrisburg, PA 17128-1230
Commonwealth of Pennsylvania
Bureau of Compliance
Dept. 280946
Harrisburg, PA 17128-0946
Commonwealth of Pennsylvania
Department of Labor & Industry
Labor & Industry Building 16th Floor
Harrisburg, PA 17120
Commonwealth of Pennsylania
Office of Chief Counsel
Unemployment Compensation Review Board
909 Green Street
Harrisburg, PA 17102
."=-~.,.
......,
~
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4. Name and address of last recorded holder of every mortgage
of record: PLAINTIFF HEREIN
(AND ANY OTHERS AS NOTED BELOW) :
Linda B. Baer
6 Ramsgate Drive
Hummelstown, PA 17036
Edward N. Baer
6 Ramsgate Drive
Hummelstown, PA 17036
5. Name and address of every other person who has any record
lien on the property: UNKNOWN
6.
interest
sale:
Name and address of
in the property and
UNKNOWN
every other person who has any record
whose interest may be affected by the
7. Name and address of every other person of whom the
Plaintiff has knowledge who has any interest in the property which
may be affected by the sale: TENANTS IF ANY ..,
Domestic Relations Office
Cumberland County Courthouse
Hanover & High Streets
Carlisle, PA 17013
(In the preceding information, where addresses could not be
reasonably ascertained, the same is indicated.)
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge, information and
belief. I understand that false statements herein are made subject
to the penalties of 18 PA C.S. Section 4904 relating to unsworn
falsification to authorities. /G/'
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,-_.//--/.. /;
Leon P. Haller PA I.D. #15700
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
DATE: March 9, 2001
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MIDFIRST BANK,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
TIMOTHY M. BLOSSER AND
HELEN T. BLOSSER,
DEFENDANTS
CIVIL ACTION - LAW
NO. 2000 07720
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
TAKE NOTICE:
That the Sheriff's Sale of Real Property (real estate) will be
held:
DATE:
WEDNESDAY, JUNE 6, 2001
TIME: 10:00 O'clock A.M.
LOCATION: Commissioner'S Hearing Room
2nd Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal
description mainly consisting of a statement of the measured
boundaries of the property, together with a brief mention of the
buildings and any other major improvements erected on the land.
(SEE DESCRIPTION ATTACHED)
THE LOCATION of your property to be sold is:
1669 QUAIL DRIVE
CARLISLE
CUMBERLAND COUNTY
PENNSYLVANIA
THE JUDGMENT under or pursuant to which your property is being
sold is docketed in the within Commonwealth and County to:
NO. 2000 07720
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property
is:
TIMOTHY M. BLOSSER AND HELEN T. BLOSSER
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WRITOF,EXECUT;ON and/hr ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 00-7720 CIVIl.XHl TERM
CIVIL ACTION - LAW
TO THE SHERIFF OF Cumberland
COUNTY:
To satisfy the debt, interest and costs due Midfirst Bank
PLAINTIFF(S)
from Timothv M. Blosser and Helen T. Blosser 1669 Quail Drive, Carlisle, Pa. 17013
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell
1669 alia;] Drive. Carl isle. Pa. 17013
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of
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GARNISHEE(S) as follows:
and to notny the garnishee(s) th'll:i~~al,an a!tachment has been issued; (b1lhe gar~i~hee(lll, io/~.r;~ enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any property onlle defendaht(s) or otherwise disposing
thereof;
(3) If property oflhe defendant(s) not levied upon an subjecllo attachment is found in the possession of anyone other
than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due
Interest at
Interest
Atty's Comm
Atty Paid ~ll 9. 10
Sh7,lh1~4
$13.87 per diem
$ ~ . (lOg 79
L.L.
$0.50
to sale date
Due Prothy
Other Costs
~1.00
Late charges at 532.94 Der month
%
Plaintiff Paid
to sale date 5197.64
Escrow Deficit $2,000.00
Date:
MArICh 11. ::>001
Cllrr;s R. T,nnq
Prothonotary, Civil Division
by: ().'t'" O. ~
REQUESTING PARTY:
Deputy
Name f,pnn P. HAllpr. F:F:q.
Address: 1719 Nnrt-h Pmnt- St-rppt-
Hsr.ri~~lrg. Pa 17102
Attorney for: Plaintiff
Telephone: (717) 234-4178
Supreme Court ID No. 15700
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REAL ESTATE SALE tw.
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".. 11{ ~ 1(;1 ;lDO/ the sheriff levied upon the detenoi:;,
interest in the real property situated in il~ f/tJ"d.df.e.iPL /~
6umberland County, Pa., known and numbered as:l&&9 Q/.J.-w Ot.
t~ and more fully described on exhibit "A" filed with
this writ and by this reference incorporated heretn.
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Dep~.2~
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~_"",,,~MI"!1i!l'~~" _ ~"""".~~l'f1!"l'~~:-'i<':""'"'~tfl1:l.l:'f-""_'1'i"~~~~fBili'~~''';,~~~;jll''li~~Hm''\ij~~,R'l~_'.r"''''~Rl'!lI~J .~~, rIfl
Leon P. Haller
Purcell, Krug & Haller
1719 N. Front Street
Harrisburg, PA 17102-2392
(717) 234-4178
lhaller@pkh.com
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
CIVIL ACTION - LAW
MIDFIRST BANK,
VS.
NO. 2000 - 07720
TIMOTHY M. BLOSSER AND
HELEN T. BLOSSER,
Defendants
IN MORTGAGE FORECLOSURE
P RAE C I P E
TO THE PROTHONOTARY:
Please mark the judgment entered against the Defendants satisfied
of record.
BY:
Leon P. Haller ID #15700
Attorney for Plaintiff
DATE: October 13. 2004
!re'll
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