HomeMy WebLinkAbout99-05430l?
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STATE OF PENNSYLVANIA,
COUNTY OF CUMBERLAND SS.
Robert P Ziegler
h ------- ---- -------------------------------_ Recorder of
Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ________
Federal Nar.1 Mtg Assoc
-----------------------------
--------------------
----------------------------------- is the grantee
the same having been sold to said grantee on the -- -- t h----------------------------------------
day of
March 2001
-"--- -------------------------------- A. D., 7 -
-'" , under and by virtue of a writ______________
-Execution 13th
-----------------------------------issued on the
-- -- - - - -- -
D
day of -------------------------- e c 2000
A D, out of the Court of Comman Pleas of said County as of
Civil 1999
------------------------------ -
Number___ 5430-- Federal Natl Mtg Assoc
-- , at the suit of - --- - -- - - - --
-------------
Philip L & Ruth N Bergst:resser
----------------------------------- against---
duly recorded in Sheriffs Deed Book No. _____ 24 __, Page _______ 1 g0
IN TESTIMONY WHEREOF, I have hereunto
set my hand and seal of said office thi[?.Q? -------- day
of -- - - ?A •, Qf
-- -141- -???j?-- - ---
R er of Deeds
Re^.o,ee• of rAeds. Cumberlend County, CAfte, PA -
My Cormsvor, Er pyres the first Mondry of iaa 2062
Federal National Mortgage Association In the Court of Common Pleas of
-vs- Cumberland County, Pennsylvania
Philip L. Bergstresser and Ruth N. No. 1999-5430 Civil
Bergstresser
R. Thomas Kline, Shcriff who being duly sworn according to law, says he served the above Real
Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the
pendency of the action to one of the within named defendants to wit: Philip L. Bergstresser by Certified
Mail Return Receipt Requested, Restricted Delivery, Deliver To Addressee Only to his last known
address 121 East Dauphin Street, Enola Pennsylvania. This letter was mailed under the date of January
9, 2001 and received by Philip Bergstresser on January 19, 2001 the return receipt card signed by Philip
Bergstresser.
Michael E. Barrick, Deputy Sheriff, who being duly sworn according to law, says on January 5, 2001
at 2:30 o'clock P.M. EST he served a true copy of Real Estate Writ Notice Poster and Description in the
above entitled action upon one of the within named defendants to wit: Ruth N. Bergstresser by making
known unto Ruth Bergstresser at 215 Wyoming Avenue, Enola, Cumberland County, Pennsylvania, its
contents and at the same time handing to her personally the said true and attested copies of the same.
Michael E. Barrick, Deputy Sheriff, who being duly sworn according to law, says on January 5, 2001
at 2:02 o'clock P.M. EST, he posted a copy of Real Estate Writ Notice Poster and Description on the
property of Philip L. Bergstresser and Ruth N. Bergstresser located at 121 Dauphin Street, Enola,
Cumberland County, Pennsylvania according to law.
R. Thomas Kline, Sheriff who being duly sworn according to law, says he served the above Real
estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the
pendency of the action to one of the within named defendants to wit: Philip L. Bergstresser by regular
mail to his last known address 121 Dauphin Street, Enola, Pennsylvania. This letter was mailed under
the date of January 10, 2001 and never returned to the Sheriffs Office
R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real
Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the
pendency of the action to one of the within named defendants to wit: Ruth N. Bergstresser by regular
mail to her last known address 215 Wyoming Avenue, Enola. Pennsylvania. This letter was mailed
under the date of January 9, 2001 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal
notice had been given according to law, exposed the within described premises at public venue or outcry
at the Court House, Carlisle, Cumberland County, Pennsylvania, on March 7, 2001 at 10:00 o'clock
A.M., E.S.T. and sold the same for the sum of $ 1.00 to Attorney Leon Haller for Federal National
Mortgage Association. It being the highest bid and best price received for the same Federal National
Mortgage Association, of 1900 Market Street Suite 800 Philadelphia, PA, being the buyer in this
execution paid Sheriff R. Thomas Kline, the sum of $821.57 it being costs.
Sheriffs Costs
Docketing 30.00
Poundage 15.52
Posting Bills 15.00
Advertising 15,00
Acknowledging Decd 30.00
Auctioneer
County
Mileage
Certified Mail
Levy
Surcharge
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriff's Deed
10.00
1.00
9.30
8.20
15.00
30.00
311.90
253.62
25.53
25.00
26.50
821.57 paid by attorney
03-12-01
Sworn and subscribed to before me
This day of 04&J
2001 A.D.
Prot tonotary
y
R. Thomas Kline, Sheriff
By?t Dr,
Real Estate Deputy
a C? ?v(
,Q,,. r dA S z 1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION--MORTGAGE FORECLOSURE
FEDERAL NATIONAL MORTGAGE
ASSOCIATION
VS. : No. 99-5430 CIVIL
PHILIP L. BERGSTRESSER and
RUTH N. BERGSTRESSER
AFFIDAVIT PURSUANT TO RULE 3129.1 erse .
Plaintiff now sets forth as of the date the praecipe for the writ of execution was filed in the above-
captioned action the following information concerning the real property located at 121 East Dauphin Street, Enola,
East Pennsboro Township, Cumberland County, Pennsylvania 17025:
1. Name and address of the owners or reputed owners :
Philip L. Bergstresser
P.O. Box 282
Enola, PA 17025-0282
Ruth N. Bergstresser
121 East Dauphin Street
L-'nola, PA 17025-2408
2. Name and address of the defendant(s) in the iud ment:
Philip L. Bergstresser
P.O. Box 282
Enola, PA 17025-0282
Ruth N. Bergstresser
121 East Dauphin Street
Enola, PA 17025-2408
3. Name and address of every i dgme, nt creditor whose judgment is a record lien on the real property to be
sold:
Blue Ball National Bank, as
servicing agent for Federal
National Mortgage Association
P.O. Box 580
1060 Main Street
Blue Ball, PA 17506
4. Name and address of the last recorded holder of every mort a e of record:
Blue Ball National Bank, as servicing agent for Federal National Mortgage Association
P.O. Box 580
1060 Main Street
Blue Ball, PA 17506
5. Name and address of every other person who has any record lien on the property:
None
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:
None
7. Name and address of every other person whom Plaintiff has knowledge who has any interest in the
property that may be affected by the sale:
Domestic Relations Office
13 North Hanover Street
Carlisle, PA 17013
We verify that the statements made in this affidavit are true and correct to the best of our knowledge,
information, or belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
§ 4904, relating to unsworn falsification to authorities. We are the attorneys for Plaintiff, and as such, are
authorized to execute this affidavit on it's behalf.
WENTZ, WEAVER, KLING,
GOOD & HARRIS, LLP
DATED: December 12, 2000 By:
Brad('d? J. Harris
Atiorneys for Plaintiff
132 West Main Street
New Holland, PA 17557
(717) 354-4456
Attorney I.D. No. 34393
-12-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Civil Action--Mortgage Foreclosure
FEDERAL NATIONAL MORTGAGE
ASSOCIATION
VS. : No. 99-5430 CIVIL
PHILIP L. BERGSTRESSER and
RUTH N. BERGSTRESSER
NOTICE OF SHERIFF SALE OF REAL PROPERTY
TO: Philip L. Bergstresser Ruth N. Bergstresser
P.O. Box 282 121 East Dauphin Street
Enola, PA 17025-0282 Enola, PA 17025-2408
TAKE NOTICE that on March 7, 2001 at 10:00 a.m.(prevailing local time), the SheriffofCumberland
County, Pennsylvania will sell the real property, together with any home and all other improvements thereon,
that is located at 121 East Dauphin Street, Enola, East Pennsboro Township, Cumberland County,
Pennsylvania, 17025. The real property is more fully described in the attached legal description, which is
incorporated herein by reference. This sale will take place at the Commissioner's Hearing Room, Second Floor
of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, 17013, or such other
place as the Sheriff may direct from time to time. The owners or reputed owners of the real property are as
follows: Philip L. Bergstresser and Ruth N. Bergstresser.
This sale is being held pursuant to a writ of execution issued on the JUDGMENT entered in favor of
the above Plaintiff and against the above Defendants, whichjudgment is indexed to the above docket number
in the above Court of Common Pleas.
A SCHEDULE OF DISTRIBUTION showing who will receive the proceeds of the sale will be
posted in the Sheriffs Office within thirty (30) days after the sale date, and distribution of the sale proceeds
will be made in accordance with the Schedule unless you or someone else objects to the proposed distribution
by filing exceptions to it within ten (10) days after the posting of the Schedule. Information about the Schedule
of Distribution may be obtained from the Sheriffs Office.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR REAL
PROPERTY. This Notice has been sent to you because the above- described writ of execution has been
issued against you based upon the above-described judgment against you. This Notice is notifying you that
your property is being held to be sold or taken to pay the above-describedjudgment. You may have legal rights
to prevent your property from being taken and sold. A lawyer can advise you more specifically of these rights.
If you wish to exercise your rights, you must act promptly or you may lose such rights.
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 FOLLOWING OFFICE TO
FIND OUT WHERE YOU CAN GET LEGAL HELP:
Court Administrator
4" Floor
Cumberland County Courthouse
Carlisle, PA 17013
717-240-6200
YOU MAY HAVE THE FOLLOWING LEGAL RIGHTS (IN ADDITION TO OTHERS):
1. You may file a petition with the above Court of Common Pleas
in order to open or strike the judgment, or to stay or set aside the Sheriff Sale, if you feel that you have a
defense against the plaintiff, or if you are aware of a legal defect in the obligation or the procedure used against
you.
2. After the Sheriff Sale but before delivery of the Sheriffs deed to the real property, you also may file
a petition with the same Court of Common Pleas in order to set aside the sale for a grossly inadequate price
or for other proper causes.
3. You also may have the right to free legal help. If you wish to exercise any of the above rights, or
any other rights that you may have regarding the above matters, you must act promptly or You lose such
rights. A lawyer can advise you more specifically of the above rights and other rights you may have. 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 ABOVE TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
WENTZ, WEAVER, KLING,
GOOD & HARRIS, LLP
Dated: December 12, 2000 By:
Bradford J. Harris (I.D. No. 34393)
Attorneys for Plaintiff
132 West Main Street
New Holland, PA 17557
(717) 354-4456
81.1 ui )129NOr PLH 12/W tU Aw
ALL THAT CERTAIN lot or piece of land situate with the buildings and
improvements thereon erected, situate in East Pennsboro Township, Cumberland County,
Pennsylvania, bounded and described as follows to wit:
BEGINNING at a point in the northerly line of Dauphin Street at the distance of
246.207 feet measured westwardly along said line of Street from the southwestern extremity of
the arc or curve having a radius of 10 feet connecting the westerly line of Susquehanna Avenue
with the said northerly line of Dauphin Street; extending thence westwardly along the said line of
Dauphin Street on a line curving toward the left with a radius of 342.838 feet, a distance of 50
feet; thence North 23 degrees 16 minutes 46 seconds East, 299.060 feet; thence South 74 degrees
52 minutes 31 seconds East, 46 feet; thence passing through the middle line of the party wall
between the house on this lot and the house on the lot adjoining on the east, South 22 degrees 15
minutes 11 seconds West, 239.263 feet to the place of BEGINNING.
IMPROVED with the western half of a double flame dwelling house known and
numbered as 121 Dauphin Street, Enola, Pennsylvania.
BEING THE SAME PREMISES WHICH Martha W. Houk, Executrix of the
Last Will and Testament of A. Kathryn Minich, deceased, by deed dated October 16, 1979 and
recorded October 18, 1979 in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Record Book S, Volume, 28, Page 142, granted and conveyed unto
Philip Lane Bergstresser and Ruth Naomi Bergstresser.
BEING tax parcel no. (09)-14-0832-070.
OFFICE OF 114E SNENIFF
CUHU CJUNTY
DEC 15 3 14 PH '00
C _1 LF
PENNSYLVANIA
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 99-5430 CIVIL TERM
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF Cumberland COUNTY:
To satisfy the debt, interest and costs due Federal National Mortgage Association
PLAINTIFF(S)
from Philip L. Bergstresser, P.0.13ox 282, Enola, PA 17025-0282 and Ruth N. gergstresser,
121 East Dauphin Street, Enola, PA 17025-2408
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell _ See Legal Description
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing
thereof;
(3) Ifpropertyofthedefendant(s)notlevieduponansubjecttoattachment isfoundinthe'possessionofanyoneother
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.
c,
Amount Due ii22//c114?9?273pp,IRn gFag
Interest pp `aom675eo ddW'_%$ 0MOF
Atty's Comm %
Atty Paid
Plaintiff F
Date:
$266.61
December 13, 2000
L. L.
Due Prothy $1.00
Other Costs Late charges at $31.68 per month
Curtis R. Long
REQUESTING PARTY:
Name Bradford J. Harris. Esq.
Address: 132 West Main Street
New Holland. PA 17557
Prothonotary, Civil Division
((- - Deputy
Attorney for: Plaintiff
Telephone:_ 717-354-4456
Supreme Court ID No. 34393
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Cumberland Cou1;
'nbered as:
anc '?n Exhibit "A" filed
mis wrn and by this resere,
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THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16,1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Michael Morrow being duly sworn according to law, deposes and says:
That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws
of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in
the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and-Ehg
Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the
City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th,
1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 30th day(s) of January and the 6th and
13th day(s) of February 2001. That neither he nor said Company is interested in the subject matter of said printed
notice or advertising, and that all of the allegations of this statement as to the time, place and character of
publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for?a? County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317. /
PUBLICATION
COPY
SALE#39
NhltCI tiiPTarm6lip
frtlwNwtlarl
WrIPPAINeMm
K rid
.............. . ,,,. ,.? .................................................................... .
Sworn toad 27th y of February 2001 A.D.
Notarial seal //
Terry L. Russell, Notary u
_
r
Harrisourg, Deuphln
my CommssionExpiresJune6.2002 NOTARY PUBLIC
L Member, Pennsytvania Association of NFAf l?6mmission expires June 6, 2002
C
CUMBERLAND COUNTY SHERIFFS OFFICE
o CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
p
i Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
' hereto on the above stated dates $ 252.12
Probating same Notary Fee(s) $ 1.50
Total $ 253.62
eer w a are UnInp toward the left xith a
Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
By ....................................................................
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
SS.
COUNTY OF CUMBERLAND :
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
JANUARY 19, 26, FEBRUARY 2, 2001
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
REAL ESTATE BALE NO. 39 I
Writ No. 1999-5430 Civil
Federal National Mortgage
Association
VS.
Philip L. Bergstresser and
Ruth N. Bergstresser
Ally.: Bradford J. Harris
ALL THAT CERTAIN lot or piece
of land situate with the buildings
and Improvements thereon erected.
situate in East Pennsboro Town-
ship. Cumberland County, Pennsyl-
vania. bounded and described as
follows to wit:
BEGINNING at a point in the
northerly line of Dauphin Street at
the distance of 240.207 feet neas-
Roger M. Morgenthal, Editor
SWORN TO AND SUBSCRIBED before me this
_-L -day of FEBRUARY 2001
NOTARIAL SEAL
Las E. SNYDER, Notory Public
Codnirr bom, Cwobsriand County, PA
My Commuaw Eapimi Momb 3, 2001
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-05430 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FEDERAL NATIONAL MORTGAGE
VS.
BERGSTRESSER PHILIP L ET AL
R. Thomas Kline Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: BERGSTRESSER PHILIP L
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of DAUPHIN
County, Pennsylvania.
to serve the within COMPLAINT IN MORTGAGE FORECLOS
On September 17th 1999 this office was in receipt of
the attached return from DAUPHIN
County, Pennsylvania.
Sheriff's Costs: So answers
i
Docketing 6.00:-?
9.00
Out of Surcharge County
.00 s ine, eri
Dep. Dauphin Co 300.50
$530 WE TZ, WEAVER & KLING
0917/1999
Sworn and subscribed o before me
this /7 "= day of
L.
1999 A. D.
-C Q.,CP
--Pr.,?no?' no c' az
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-05430 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FEDERAL NATIONAL MORTGAGE
VS.
BERGSTRESSER PHILIP L ET AL
CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT - MORT FORE was served
upon BERGSTRESSER RUTH N the
defendant, at 18:29 HOURS, on the 14th day of September
1999 at 121 EAST DAUPHIN STREET
ENOLA, PA 17025-2408 CUMBERLAND
County, Pennsylvania, by handing to RUTH N. BURGSTRESSER
a true and attested copy of the COMPLAINT - MORT FORE
together with NOTICE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So answer
Docketing 18.00
Service 9.30
Affidavit
?
Surcharge 8.00 h`omas ine, o eriff
S35-.3V-WENTZ, WEAVER & KLING
09/17/1999 ??
by ? /'
?uuy 5 er ..
Sworn and subscribed to before me
this /y T`' day of
19 A.D.
T
a ?A Op
cornono airy M
Ofice laf E "Sheriff
r
Man Jane Sin der Ralph G. McAllister
Real 1:4111C Ik:l>uey ChiefIx:putp
William T. Tully Michael W. Rinehart
Solicitor A Assistant Clucnxpwy
Dauphin County
Harrisburg. Pcnnscl%,anfa 17101
ph: (717) 255.200 fax: (717) 255-2&49
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania FEDERAL NATIONAL MORTGAGE ASSOCIATION
vs
County of Dauphin BERGSTRESSER PHILIP L
Sheriff's Return
No. 1882-T - - -1999
OTHER COUNTY NO. 99-5430
AND NOW: September 10, 1999 at 7:OOAM served the within
NOTICE & COMPLAINT IN CIVIL ACTION upon
BERGSTRESSER PHILIP L by personally handing
to DEFT 1 true attested copy(ies)
of the original NOTICE & COMPLAINT IN CIVIL ACTION and making known
to him/her the contents thereof at 5306 D MANAYUNK ROAD
HARRISBURG, PA 17109-0000
Sworn and subscribed to
before me this 19TH day SEPTEMBER, 1999
rl
?Qawxo
PROTHONOTARY
So Answers,
?'C4?;°1c-
Sheriff of Da in 5.ow y, a.
By
>01k y Sheriff
Sheriff's Costs: $30.50 PD 09/09/1999
RCPT NO 127993
ET
In The Court of Common Pleas of Cumberland County, Pennsylvania
Federal Nation?l Mortgage Assoc.
Philip L. Bergsttresser, et. al.
Serve: Philip L. BergstresserNo. 99-5430 Civil
Now, 9/8/99 I9_ I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of_. Dauphin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing
a
and made known to
19_, at o'clock
M. served the
Sworn and subscribed before
me this _ day of 19
copy of the original
the contents thereof.
So answers,
Sheriff of County, PA
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
A
FEDERAL NATIONAL MORTGAGE )
ASSOCIATION )
VS. )
PHILIP L. BERGSTRESSER and )
RUTH N.BERGSTRESSER )
PRAECIPE
In the Court of Common Pleas
of Cumberland County, Pa.
No. 99-5430
Please enter judgment in the above captioned matter against Defendants, Philip L. Bergstresser
and Ruth N. Bergstresser, jointly and severally, and in favor of Plaintiff for failure to respond
within ten (10) days to a Notice of Intention to File Default Judgment, in the amount set forth
below, together with all costs of this proceeding and interest at the rate of 7.875% per annum
from and after October 15, 1999, and for foreclosure and sale of the mortgaged property as
described in Plaintiffs Complaint:
Principal balance $38,576.82
Interest accrued through 10/11/99 1,129.16
late fees 178.98
Attorney fee 2.500.00
TOTAL 542,384.96
The undersigned attorney certifies that he mailed a Notice to Intention to File Default
Judgment, copy attached by regular mail, on October 4, 1999, to Defendants, Philip L.
Bergstresser and Ruth N. Bergstresser.
To: Curtis R. Long, Prothonotary
Date: October 15, 1999
WENTZ, WEAVER & KLING, LLP
By:__4k?
Robert K. Weaver, Esquire
Supreme Court I.D. #19529
132 West Main Street.
New Holland, PA 17557
717-354-4456
Attorney for Plaintiff
j
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
FEDERAL NATIONAL MORTGAGE )
ASSOCIATION )
vs. )
PHILIP L. BERGSTRESSER and )
RUTH N. BERGSTRESSER )
TO: Philip L. Bergstresser
5306D Manayunk Road
Harrisburg, PA 17109
No. 99-5430 CIVIL
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS
FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST
YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET
LEGAL HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone No. (717) 249-3166
Date: October 4, 1999
WENTZ, WEAVER & KLING, LLP
i
By:
Robert K. Weaver, Esquire
Supreme Court No. 19529
132 West Main Street
New Holland, PA 17557
Telephone No. 717-354-4456
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
FEDERAL NATIONAL MORTGAGE )
ASSOCIATION )
VS. )
PHILIP L. BERGSTRESSER and )
RUTH N. BERGSTRESSER )
TO: Ruth N. Bergstresser
121 East Dauphin Street
Enola, PA 17025-2408
No. 99-5430 CWIL
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS
FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST
YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET
LEGAL HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone No. (717) 249-3166
Date: October 4, 1999
WENTZ, WEAVER & KLING, LLP
By:
Robert K. Weaver, Esquire
Supreme Court No. 19529
132 West Main Street
New Holland, PA 17557
Telephone No. 717-354-4456
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Office of Prothonotary of Court of Common Pleas o{&ppg X?( C66nty, Pa.,T
NOTICE OF ENTRY OF JUDGMENT
Pursuant to requirements of Penna. Civil Procedural Rule #236, you are notified that judgment
1 was entered against you in this office today in 19 y9_j1) Confessed Judgment Docket at
?- in the amount of $42 , '' +• '.)t) (2)
in favor of 1edc_r l1 N?t i rm;ll
Flnrt""F'-'f_P A aociatlnUn plaintiff/s, on confession of judgment contained in a bond, note,
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lease, installment purchase contract or other document which you signed.
Dated: / i I f PROTHONOTARY
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To: rte,
Name: f-
Complete (4I,
Post office Phi l ip L. Pcc t-psf rerser
address: 5306D nlanavunlc Ro;i l
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Defendant/s
plaintiff must furnish this form in duplicate, with planks at (1), (2), (3) L (4) filled in, to Prothonotary accom•
Pan Ying document containing confession on which judgment Is to ha entered.
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Office of Prothonotary of Court of Common Pleas of X l
. , NOTICE OF ENTRY OF JUDGfS10% 1 9ty Pa.
Pursuant to requirements of Penna. Civil Procedural Rule #236, you are notified that judgment
was entered against you in this office today in 19 _ (1) Confessed Judgment Docket at
#- in the amount of $42, 3fi4.9o (2) in favor of Federal Ka tii ona l_
hbrtpaGe Associ ati"ri Plaintiff/s, on confession of judgment contained in a bond, note,
lease, installment purchase contract or other document which you signed.
Dated: _41 I jT PROTHONOTARY
!r! ),
To:
Name: r ),
complete
i tires::I`° Path N. llergstresser
121 East Dauphin Street
Enola, PA 17025-24011
L Defendant/s J
Plaintiff must fur Irish this form in dap I lc ate, with blanks at (1), (2), (3) 6 (4) filled In, to Pr of honolary accom•
Panying document containing confession on which judgment is to be entered.
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
FEDERAL NATIONAL MORTGAGE )
ASSOCIATION )
VS. )
PHILIP L. BERGSTRESSER and )
RUTH N.BERGSTRESSER )
No. 99-5430
ACTION IN MORTGAGE
FORECLOSURE
PRAECIPE TO WITHDRAW AND ENTER APPEARANCES
TO THE PROTHONOTARY:
Please withdraw the appearance of Robert K. Weaver, Esquire and Wentz, Weaver &
Kling, LLP, and enter the appearance of Bradford J. Harris, Esquire and Wentz, Weaver,
Kling, Good & Harris, LLP on behalf of Plaintiff, Federal National Mortgage Association in
the above-captioned action.
WENTZ, WEAVER & KLING, LLP
By:
Robert K. Weaver, Esquire
Supreme Court I.D. No. 19529
132 West Main Street
New Holland, PA 17557
717-354-4456
LLP
December 36, 1999
By:
Supreme
132
Esquire
No. 34393
New Holland, PA 17557
717-354-4456
West Main Street
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-MORTGAGE FORECLOSURE
FEDERAL NATIONAL MORTGAGE,
ASSOCIATION
Plainliff,
: No. 99-5430 CIVIL
V.
PHILIP L. BERGSTRESSER and
RUTH N. BERGSTRESSER,
Defendants.
AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF SALE OF REAL PROPERTY
1. We, WENTZ, WEAVER, KLING, GOOD & HARRIS, LLP, are the attorneys for Plaintiff in the above-
captioned case, and as such, are and were authorized to execute this Affidavit and effect the actions hereinafter
described.
2. In accordance with Pa.R.C.P. 3129.1 e[ seq., we mailed by ordinary first class mail copies of the Notice
of Sheriff Sale of Real Property in the above-captioned matter, which Notices (exclusive of the legal description
of the real property attached to said Notice as an exhibit) are attached hereto as "EXHIBIT A" and incorporated
herein by reference, to the persons and on the dates respectively enumerated in said Notice.
3. Said legal description of the real property attached to each ofsaid Notice is attached hereto as "EXHIBIT
B" and incorporated herein by reference.
4. The U.S. Postal Form 3817 Certificate of Mailing for each of said Notice is attached hereto as "EXHIBIT
C" and incorporated herein by reference.
5. Our return address appeared on the envelopes for each of said Notice and as of the date of this Affidavit,
the following checked paragraph is applicable:
® None of said Notices were returned to us.
O None of said Notices were returned to us except those attached hereto
as EXHIBIT D" and incorporated herein by reference.
We verify that the statements made in this Affidavit are true and correct to the best ofour knowledge, information,
or belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating
to unsworn falsification to authorities.
DA'Z'ED: February 27, 2001 By.
arms (LD. No. 343)3)
Attorneys f n, Plaintrif
132 West Main Street
New 1 Tolland, PA 17557
(717) 354-4456
WF T ,WEAVER,KLING, GOOD&HARRIS, LLP
Brad rd L 11 c
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-MORTGAGE FORECLOSURE
FEDERAL NATIONAL MORTGAGE,
ASSOCIATION
Plaintiff,
V.
PHILIP L. BERGSTRESSER and
RUTH N. BERGSTRESSER,
Defendants.
: No. 99-5430 CIVIL
NOTICE OF SHERIFF SALE OF REAL PROPERTY
TO: Philip L. Bergstresser
P.O. Box 282
Enola, PA 17025-0282
Domestic Relations Office
13 North Hanover Street
Carlisle, PA 17013
Ruth N. Bergstresser
121 East Dauphin Street
Enola, PA 17025-2408
Blue Ball National Bank, as
servicing agent for Federal
National Mortgage
Association
P.O. Box 580
1060 Main Street
Blue Ball, PA 17506
TAKE NOTICE that on March 7, 2001 at 10:00 a.m. (prevailing local time), the Sheriff of
Cumberland County, Pennsylvania will sell the real property, together with any home and all other
improvements thereon, that is located at 121 East Dauphin Street, Enola, East Pennsboro Township,
Cumberland County, Pennsylvania 17025. The real property is more fully described in the attached legal
description, which is incorporated herein by reference. This sale will take place at the Commissioner's
Hearing Room, Second Floor of the Cumberland County Courthouse, One Courthouse Square, Carlisle,
Pennsylvania, 17013, or such other place as the Sheriff may designate. The owners or reputed owners of
the real property are as follows: Philip L. Bergstresser and Ruth N. Bergstresser.
This sale is being held pursuant to a writ of execution issued on the JUDGMENT entered in favor
of the above Plaintiff and against the above Defendants, which judgment is indexed to the above docket
number in the above Court of Common Pleas.
A SCHEDULE OF DISTRIBUTION showing who will receive the proceeds of the sale will be
posted in the Sheriffs Office within thirty (30) days after the sale date, and distribution of the sale proceeds
will be made in accordance with the Schedule unless you or someone else objects to the proposed
distribution by tiling exceptions to it within ten (10) days after the posting of the Schedule. Information
about the Schedule of Distribution may be obtained from the Sheriffs Office.
YOU MAY HAVE A LIEN OR OTHER INTEREST IN THE ABOVE PROPERTY. Any lien
or interest you have in the above property may be forever lost or otherwise impaired if you do not promptly
take action to protect such lien or interest. You may have legal rights to prevent any lien or interest you have
Exhibit "A"
. ---..n.
in the above property from being lost or otherwise impaired. For example, before the Sheriffs Sale, you may
file a petition with the above Court of Common Pleas in order to open or strike the above judgment, or to
stay or set aside the Sheriffs Sale, if you feel you have a defense or objection to the judgment or the
execution procedures used, or for any other proper causes. After the Sheriffs Sale, but before delivery of
the Sheriffs deed to the real property, a petition to set aside the Sheriffs Sale for a grossly inadequate price
or for any other proper causes also may be filed with said Court. You also may have the right to free legal
help. A lawyer can advise you more specifically of these and other rights you may have regarding the above
matters. If you wish to exercise your rights, however, you must act promptly or you may lose such rights.
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 FOLLOWING OFFICE TO
FIND OUT WHERE YOU CAN GET LEGAL HELP:
Court Administrator
4" Floor
Cumberland County Courthouse
Carlisle, PA 17013
717-240-6200
WENTZ, WEAVER, KLING
GOOD & HARRIS, LLP
Dated: December 19, 2000 By:
Bradford J. Harris (I.D. No. 34393)
Attorney for Plaintiff
132 West Main Street
New Holland, PA 17557
(717) 354-4456
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-MORTGAGE FORECLOSURE
FEDERAL NATIONAL MORTGAGE,
ASSOCIATION
Plaintiff,
: No. 99-5430 CIVIL
V.
PHILIP L. BERGSTRESSER and
RUTH N. BERGSTRESSER,
Defendants.
NOTICE OF SHERIFF SALE OF REAL PROPERTY
TO: East Pennsboro Township
98 South Enola Drive
Enola, PA 17025
TAKE NOTICE that on March 7, 2001 at 10:00 a.m. (prevailing local time), the Sheriff of
Cumberland County, Pennsylvania will sell the real property, together with any home and all other
improvements thereon, that is located at 121 East Dauphin Street, Enola, East Pennsboro Township,
Cumberland County, Pennsylvania 17025. The real property is more fully described in the attached legal
description, which is incorporated herein by reference. This sale will take place at the Commissioner's
Hearing Room, Second Floor of the Cumberland County Courthouse, One Courthouse Square, Carlisle,
Pennsylvania, 17013, or such other place as the Sheriff may designate. The owners or reputed owners of
the real property are as follows: Philip L. Bergstresser and Ruth N. Bergstresser.
This sale is being held pursuant to a writ of execution issued on the JUDGMENT entered in favor
of the above Plaintiff and against the above Defendants, which judgment is indexed to the above docket
number in the above Court of Common Pleas.
A SCHEDULE OF DISTRIBUTION showing who will receive the proceeds of the sale will be
posted in the Sheriffs Office within thirty (30) days after the sale date, and distribution of the sale proceeds
will be made in accordance with the Schedule unless you or someone else objects to the proposed
distribution by filing exceptions to it within ten (10) days after the posting of the Schedule. Information
about the Schedule of Distribution may be obtained from the Sheriffs Office.
YOU MAY HAVE A LIEN OR OTHER INTEREST IN THE ABOVE PROPERTY. Any lien
or interest you have in the above property may be forever lost or otherwise impaired if you do not promptly
take action to protect such lien or interest. You may have legal rights to prevent any lien or interest you have
in the above property from being lost or otherwise impaired. For example, before the Sheriff s Sale, you may
file a petition with the above Court of Common Pleas in order to open or strike the above judgment, or to
stay or set aside the Sheriffs Sale, if you feel you have a defense or objection to the judgment or the
execution procedures used, or for any other proper causes. After the Sheriffs Sale, but before delivery of
the Sheriffs deed to the real property, a petition to set aside the Sheriffs Sale for a grossly inadequate price
or for any other proper causes also may be filed with said Court. You also may have the right to free legal
help. A lawyer can advise you more specifically of these and other rights you may have regarding the above
matters. If you wish to exercise your rights, however, you must act promptly or you may lose such rights.
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 FOLLOWING OFFICE TO
FIND OUT WHERE YOU CAN GET LEGAL HELP:
Court Administrator
4" Floor
Cumberland County Courthouse
Carlisle, PA 17013
717-240-6200
WENTZ, WEAVER, KLING
GOOD & HARRIS, LLP
Dated: February 8, 2001 By:
Bradford J. Harris (I.D. No. 34393)
Altorney for Plaintiff
132 West Main Street
New Holland, PA 17557
(717) 354-4456
ALL THAT CERTAIN lot or piece of land situate with the buildings and
improvements thereon erected, situate in East Pennsboro Township, Cumberland County,
Pennsylvania, bounded and described as follows to wit:
BEGINNING at a point in the northerly line of Dauphin Street at the distance of
246.207 feet measured westwardly along said line of Street from the southwestern extremity of
the arc or curve having a radius of 10 feet connecting the westerly line of Susquehanna Avenue
with the said northerly line of Dauphin Street; extending thence westwardly along the said line of
Dauphin Street on a line curving toward the left with a radius of 342.838 feet, a distance of 50
feet; thence North 23 degrees 16 minutes 46 seconds East, 299.060 feet; thence South 74 degrees
52 minutes 31 seconds East, 46 feet; thence passing through the middle line of the party wall
between the house on this lot and the house on the lot adjoining on the east, South 22 degrees 15
minutes I1 seconds West, 239.263 feet to the place of BEGINNING.
IMPROVED with the western half of a double frame dwelling house known and
numbered as 121 Dauphin Street, Enola, Pennsylvania.
BEING THE SAME PREMISES WHICH Martha W. Houk, Executrix of the
Last Will and Testament of A. Kathryn Minich, deceased, by deed dated October 16, 1979 and
recorded October 18, 1979 in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Record Book S, Volume, 28, Page 142, granted and conveyed unto
Philip Lane Bergstresser and Ruth Naomi Bergstresser.
BEING tax parcel no. (09)-14.0832-070.
Exhibit "B"
U.S. POSTAL SERVICE
CERTIFICATE OF MAILING
(PS Form 3817, Mar. 1989)
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL;
DOES NOT PROVIDE FOR INSURANCE-Postmaster
RECEIVED FROM:
Bradford J. Harris, Esq.
Wentz, Weaver, Kling, Good & Harris, LLP
132 West Main Street
New Holland, PA 17557
Affix fee here in stamps or meter
of Postmaster for current fees.
r
d-post mark,?lnquire
r
r
1/b?j rt?i
ONE PIECE OF ORDINARY MAIL ADDRESSED TO EACH OF THE FOLLOWING:
Philip L. Bergstresser
P.O. Box 282
Enola, PA 17025-0282
Ruth N. Bergstresser
121 East Dauphin Street
Enola, PA 17025-2408
Blue Ball National Bank
as servicing agent for
Federal National Mortgage Association
P.O. Box 580
1060 Main Street
Blue Ball, PA 17506
Domestic Relations Office
13 North Hanover Street
Carlisle, PA 17013
Exhibit "C"
U S. POSTAL SERVICE CERTIFICATE OF MAILINC
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES N(
PROVIDE IQ )
Wf4oPYlWAMFEM1a VI IAI
G
Aeauved FGOO1) & HARRIS LLP
ATTORNEYS AT LAW
_
132 WEST MAIN STREET
ND PA 17557 129
5--
NEW 1 1OLLA
One piece of ordmery mail addraaaed to:
East Pennsboro Township
98 South Enola Drive
Enola, PA 17025 =
PS Form 3817, Mar. 1989
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81.1178 C" PLH MOM 11:71 AM
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
FEDERAL NATIONAL MORTGAGE
ASSOCIATION
VS.
PHILIP L. BERGSTRESSER and
RUTH N. BERGSTRESSER
-spa
No. 99-7
1
ACTION IN MORTGAGE
FORECLOSURE
NOTICE TO DEFEND
0.t'04- .
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
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 claimed in the Complaint or for
any other claim or relief requested by the Plaintiff. You may lose money 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.
Court Administrator
Cumberland County Courthouse
1 Courthouse Square, 4' Floor
Carlisle, PA 17013
Phone No. (717) 240-6200
AVISO
USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las
quejas expuestas en las paginas siguientes debe tomar accion dentro de veinte (20) digs a partir
de la fecha en que recibio la demanda y el aviso. Usted debe presenter comparecencia escrita
en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objections a
las demandas en su contra.
Se le avisa que si no se defiende el caso puede proceder sin usted y la Corte puede
decidir en su contra sin mas aviso o notificacion por cuaiquier dinero reclamado en la demanda
o por cuaiquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE
PERDER DINERO O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA
LISTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATEAMENTE. SI USTED
NO TIENE O NO CONOCE UN ABOGADO VAYA O LLAME A LA OFICINA EN LA
DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER
ASISTENCIA LEGAL.
Court Administrator
Cumberland County Courthouse
1 Courthouse Square, 4' Floor
Carlisle, PA 17013
Telefono No. (717) 240-6200
11.1131 CPf PLH n0/99 11:71 AM
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
FEDERAL NATIONAL MORTGAGE )
ASSOCIATION )
VS. )
PHILIP L. BERGSTRESSER and )
RUTH N.BERGSTRESSER )
No.
ACTION IN MORTGAGE
FORECLOSURE
COMPLAINT
r
1. Plaintiff is Federal National Mortgage Association, a corporation with offices at 510
Walnut Street-16th Floor, Philadelphia, Pennsylvania 19106-3687.
2. Defendant Philip L. Bergstresser is an individual whose last known residence or last
known whereabouts is 5306 D Manayunk Road, Harrisburg, PA 17109.
3. Defendant Ruth N. Bergstresser is an individual whose last known residence or last
known whereabouts is 121 East Dauphin Street, Enola, PA 17025-2408.
4. Defendants are the Mortgagors and real owners of a certain premises situate 121 East
Dauphin Street, Enola, East Pennsboro Township, Cumberland County, Pennsylvania.
5. On November 27, 1995, Defendants, as Mortgagors, made, executed, and delivered a
Mortgage (the Mortgage) upon the aforesaid premises unto Blue Ball National Bank (herein
referred to as Blue Ball), as Mortgagee, which Mortgage is recorded in the Cumberland County
Recorder's Office in Mortgage Book 1293, Page 1131, a copy of which is attached hereto as
Exhibit "A" and is made part hereof, for the purpose of securing the payment of the sum of Fifty-
two Thousand Five Hundred ($52,500.00) Dollars, with interest at the rate of 7.875% Percent
V-1158 C" 7Lx 8110M 11:31 AM
per annum, as provided in the Mortgage Note (the Mortgage Note), executed and delivered by
Defendants to Blue Ball simultaneously with the said Mortgage, a copy of which Mortgage Note
is attached hereto as Exhibit "B" and is made a part hereof.
6. The premises (the Mortgaged Premises) subject to the said Mortgage is described as
follows:
ALL THAT CERTAIN lot or piece of land situate with the buildings and
improvements thereon erected, situate in East Pennsboro Township, Cumberland County,
Pennsylvania, bounded and described as follows to wit:
BEGINNING at a point in the northerly line of Dauphin Street at the distance of
246.207 feet measured westwardly along said line of Street from the southwestern extremity of
the arc or curve having a radius of 10 feet connecting the westerly line of Susquehanna Avenue
with the said northerly line of Dauphin Street; extending thence westwardly along the said line of
Dauphin Street on a line curving toward the left with a radius of 342.838 feet, a distance of 50
feet; thence North 23 degrees 16 minutes 46 seconds East, 299.060 feet; thence South 74 degrees
52 minutes 31 seconds East, 46 feet; thence passing through the middle line of the party wall
between the house on this lot and the house on the lot adjoining on the east, South 22 degrees 15
minutes 11 seconds West, 239.263 feet to the place of BEGINNING.
IMPROVED with the western half of a double frame dwelling house known and
numbered as 121 Dauphin Street, Enola, Pennsylvania.
BEING THE SAME PREMISES WHICH Martha W. Houk, Executrix of the
Last Will and Testament of A. Kathryn Minich, deceased, by deed dated October 16, 1979 and
recorded October 18, 1979 in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Record Book S, Volume, 28, Page 142, granted and conveyed unto
Philip Lane Bergstresser and Ruth Naomi Bergstresser.
7. Under the terms of a certain Mortgage Assignment dated November 29, 1995 (the
Mortgage Assignment), a true and correct copy of which is attached hereto as Exhibit "C" and is
incorporated herein and made a part hereof, Blue Ball National Bank assigned all right, title, and
interest in the Mortgage and the Mortgage Note to Plaintiff, Blue Ball having retained the
obligation to service the Mortgage Note and the Mortgage, and, therefore, being authorized to act
on behalf of Plaintiff as agent in foreclosing the Mortgage.
I1d15ACPr PLH 44b 11.31 AM
8. Under the terms of the Mortgage Note and the Mortgage, Defendants are obligated to
make amortization payments of principal and interest to Plaintiff, as Blue Ball's assignee, on the
first day of each month in the amount of Six Hundred Thirty-three and 511100 ($633.51) Dollars,
payments to be applied first to the payment of interest and the balance for the reduction of
principal, plus reasonable escrow payments for periodic payment of applicable real estate taxes
and insurance premiums, which Plaintiff has determined to be Ninety-five and 49/100 ($95.49)
Dollars per month, resulting in a total monthly payment being due in the amount of Seven
Hundred Twenty-Nine and 00/100 ($729.00) Dollars; payments are to be made to Blue Ball, as
agent of Plaintiff, responsible for servicing the obligation.
9. Defendants are in substantial default of their obligations under the Mortgage Note and
the Mortgage, as Defendants have failed to make monthly payments when due for the months of
June, July, and August, 1999.
10. Plaintiff has provided Defendants with notice of Homeowners' Emergency Mortgage
Assistance Act of 1983 as required by Act of 1983, December 23, P.L. 385, No. 91 (35 P.S.
§1680.401c et seq.), and Defendants have not sought relief under said Act.
11. Plaintiff is not required to provide Defendants with Notice of Intention to Foreclose
as required by the Act of 1974, January 30, P.L. 13, No. 6, §403 (41 P.S. §403), as the original
principal balance of the obligation exceeded $50,000.00. Plaintiff has provided Defendants with
written notice of default, demand for payment, and notice of cure rights, a true and correct copy
of which is attached hereto as Exhibit "D" and is made a part hereof, as required under the terms
of the Mortgage.
12. Under the terms of the Mortgage Note and the Mortgage, Plaintiff has elected to
declare the entire balance of the Mortgage immediately due and owing.
V-1151 CR PLN WOM 11:71 AM
13. The following amounts are now due on said Mortgage and the Mortgage Note
which it secures:
Principal balance $38,954.69
Interest accrued through 8/31/99 968.77
Late charges ...................................................... 115.64
Total .................................................................................
Interest continues to accrue at the rate of 7.875% per annum from August 31, 1999, and all
interest, costs, and other charges collectible under the Mortgage and the Mortgage Note which it
secures are claimed in addition to the above amount, including any maintenance costs or taxes
which Plaintiff is required to expend on the premises.
14. Under the terms of the Mortgage, Plaintiff is entitled to collect reasonable counsel
fees for collection, and such counsel fees are claimed. Plaintiff believes, and therefore avers,
that, in the event that this matter is not contested, reasonable counsel fees in this matter would be
Two Thousand Five Hundred ($2,500.00) Dollars, which amount is collectable under the terms
of the Mortgage Note and the Mortgage and which amount is claimed in addition to the above
sums in the event that this matter is not contested; Plaintiff reserves the right to claim additional
reasonable counsel fees in the event that the matter is contested.
15. Despite demand, Defendants have refused to make payment of the sums properly due
Plaintiff.
16. Defendants are not in the military service of the United States within the meaning of
the Soldiers and Sailors Civil Relief Act, as amended.
WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally, in
the amount of Forty Thousand Thirty-Nine and 10/100 ($40,039.10) Dollars, as set forth above,
and for reasonable counsel fees, the minimum being Two Thousand Five Hundred ($2,500.00)
41.1155 M PUN Ir" 11:11 AM
Dollars, for a total judgment of Forty-two Thousand Five Hundred Thirty-nine and 10/100
($42,539.10) Dollars, and for foreclosure and sale of the mortgaged property, and for additional
interest at the rate of 7.875% per annum from August 31, 1999, together with all costs of this
proceeding and together with any charges or expenses collectible under the Mortgage and the
Mortgage Note which it secures.
WENTZ, WEAVER & KLING, LLP
By:
Robert K. Weaver, Esquire
Attorney for Plaintiff
Supreme Court No. 19529
132 West Main Street
New Holland, PA 17557
Telephone No. 717-354-4456
11.1159 CPr PLII Sr" 11:31 AM
I verify that the statements made in this Complaint are true and correct. I further verify
that I am the Loan Counselor for Blue Ball National Bank and that in such capacity I am
authorized to execute this verification on behalf of Blue Ball National Bank, as servicing agent
for Federal National Mortgage Corporation. I understand that false statements made herein are
made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities.
Donald A. ` lodgen, Yohn Counselor
?__?p/d3 • ¢_
R7I LI_dLc1•
E1-'COn0:B CF DEEDS
..!?5E r L.'.!' COUNTY•PA
'95 DEC _ 1 PIS 1 16
14FS. Ia4r. Tr 1.,. F« ft." D..l
LOAN NO. 5052220 LViOR___ '?F
THIS MORTGAGE ('Security Instrument-) is gi G
ven on GA-GE
27
The mortgagor is PHILIP L BEROSTRESSER AND RUTH N BEROSTRESSER . 19 95
This Secutity Instrument is given to BLUE BALL NATIONAL BANK, ('Borrowm').
which is organized and erydng under the laws of THE UNITED STATICS
address is P.O. BOX 580, , and whoa
BLUE BALL, PA 17506
Borrower owes Lender the principal aunt of ('Lender').
FIFTY-TWO THOUSAND FIVE HUNDRED AND 00/100
(U.S, $ 52, 500.00 ), This debt is evidenced by Borrower's note dated the Same date a Dollars
this
Security Instrument ('Note'), which provides for monthly payments, with the full debt, if not paid earlier, due and payable
on DECEMBER 1, 2005 This Security Imtrument secures to Leader: a) the repayme
the debt evidenced by the Note, with interest, and all renewals, e.tcmiOw and modifications of the Note; Cb) the payment of all of of
sums, with interest, advanced under paragraph 7 to protect the security of this Security Insuumem; and (e) the perfo tmarce of
Borrower's covenants and agreements under this Security Instmment and the Note. For this purpose. Borrower does hereby
C nPV.I N1 wmey to Leader the following described property located in
County, Pennsylvania:
" SEE ATTACHED LEGAL DESCRIPTION "
which has the address of 121 E DAUPHIN STREET ENOLA
Pennsylvania 17025 IsnN1I Iavl
('Property Address');
life cadul
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtemorp, and fixtorea
now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of
the foregoing is referred m in this Security Instrument as the 'Propem.•'.
BORROWER COVENANTS that Borrower is lawfully mixed of th. en re hereby conveyed and has the right to mortgage, gram
and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will
defend generally the title m the Property against all claims and demands. subject many eocumbrances of record.
PENNSYLVANIA- Sinai. Family - Fannie M.4/Freddie Mae UNIFORM INSTRUMENT
Sank" Fw.. a,gry 4.. M.(4001 «s44Sa Form Taos 9190
P.q. 1 .I a INtl.lr. hsr /xm4 Ins
)e'/w,
Exhibit "A"
etog 1 n3 PACE 1131
THIS SECURITY INSTRUMENTcom' auniformcovem ufarnationsimeandrion. tormcovemnts with limited vuiatiom
by jurisuicdgm to constitute a uniform Set. ,Y imwmat covering rW Property. ..
UNIFORM COVENANTS.
1 Borrower and Lender covenant and agree AS
follows:
. Payment of Prineipal and Interest; Prepayment and Lete Charges, Borrower the principal
of and interest on the debt evidenced by The N shall promptly pay when due
the and any Prepayment and due Uurau duo under rho Nay.
7. Runde for Toone and fmunnee. Subject'
applicable taw or to a written waiver by Lender. Borro werAWI pay to Lender
on the day monthly payments arc due under the Note, until the Note is paid in full, a sum ('Foods') for (a) yearly taxes and
assessment which may attain priority over this Security instrument as a lien on the Property; inleasedotdaccordancpaeymw(entsthth<or
ground mum on the Property, if any; (c) Yearl Bo y hazard Of propenY imuraxe prertdBorrower (d)wer YM to(b)r1YLeYearlynBderond ioeunuce premfsrma, it
Provisions (0) Yearly Yearly of rly mortgage insurance premiums. If any; and (0 any turns payable by
may' at any time, , paragrapcollht6a , ndio lieu of the payment nt not to exceed the maximum mount a lender for a federally related mortou mortgage insurance premiums. These items are called 'Escrow Items', Laec
hold Funds in m amo
loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended lie
time to time, 12 U.S.C. 12601 et seq. ('RESPA'), unless another law that applies to the Funds sets a lesser amount. If so Lender
may, at any time, collect and hold Punds is an amount not to exceed the lesser amount. Leader may estimate the amount of Furls
due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in Accordance with
applimble law.
The Funds be h Lender, H Lendsherall
its webeAn into Trott) or on nay Federal Home Loan Bank Y fender shef apply the Fuels to pay the F=mw Items'
Undermay nor charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow
ILeader s, may Leader pays Borrower interest on The Funds Rod applicable law permits fender to make such a charge. However,
y require Borrower to pay a one-time charge for an independent real estate sea repordog service used by Leader in
connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest
to be paid, Lender "I ant be required to pay Borrower any interest or earnings on the Funds. Bonower and Leader may agree
in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual aeccuotiag
of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made The Funds are
pledged as additional security for all sums secured by this Security Instrument.
If die Funds held by Leader exceed the amount permitted to be held by applicable law, Lender shall account to Borrower for
the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is
rut sufficient to pay the Escrow items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay
to Lender the amount necessary to makeup the deficiency. Borrower shall makeup the deficiency in no more than twelve monthly
payments, at Lender's code discretion.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Furls held
by Under. If, under paragraph 21, Leader shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property,
shall apply any Funds held by Under at the time of acquisition or sate as a credit against the sums secured by this Security
Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs I
and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third,
to interest due; fourth, to principal due; and last, to any late charges due under the Note.
4. Charges; Lim. Borrower shall pay all Tares, assessments, charges, fines and impositions attributable to the Property which
my attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay them
obligations in the manner provided in paragraph 2, or if nut paid in that manner, Borrower shall pay them on time directly to the
person owed payment. Borrower shall promptly furnish to Under all notices of amounts to be paid under this paragraph. If
Borrower makes these payment directly, Borrower shall promptly furnish to Lender receipts evidencing the payment.
Borrower shall promptly discharge any lien which has priority over this Security instrument unless Borrower: (a) agrees in writing
to the payment of the obligation =red by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or
defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of
the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security
Inswment. If Lender determine that any pan of the Property is subject to a lien which may stain priority over this Security
Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the Actions
set forth above within 10 days of the giving of nonce.
S. Hazard or Property Insurance. Borrower shalt keep the improvements now existing or hereafter erected on the Property
insured against lass by fire, hazards included within the term 'extended coverage' and army other hazards, including floods or
flooding, for which Leader requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender
requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not
be unreasonably withheld. If Borrower fails to maintain coverage described above, Under may, at Lender's option, obtain coverage
to protect Lender's rights in the Property in accordance with paragraph 7.
All insurance policies and rcmwals shalt be acceptable to Under and shall include a standard mortgage clause. Under shalt
have the right to hold the policies and renewals. If Lender requires, Borrower stall promptly give to Lender all receipts of paid
Sinatra Family - Fannie Mae/FtadAa Mao UNIFORM INSTRUMENT ??
papa 2 of 6 WIAIa:,?`17 Rav. 9180
rn ve. ram
.%2, n,6
4001 1293 fact 1132
premiums i d teretwaf mdi . In the ever (low, Borrower shall give prompt entice to r' 'mvraace onset and Lender. Lender
may make propf of loss if not made prom, y by Borrower.
Unless Lender and Borrower otherwise agree in writing, imura= proceeds shall be applied to restoration or repair of the
Property damaged, if the resmntion or repair is economically feasible and Lender's security is not lessened. If the restoration or
repair is not co mmicaily feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured
by this Security Immument, whether or me then due, with any excess paid to Borrower. If Borrower abmndom the Property, or does
not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Leader may collect the
insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security
Instrument, whether or not then due. The 30-day period will begin when the notice is given.
Unless Lender aid Borrower otherwise ism in writing, any application of proceeds to principal "I not extend or postpone
the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If under paragraph
21 the Property is acquired by Leader, Borrower's right to any insurance policies and proceeds resulting from damage to the Property
prior to the acquisition shag pass to Lender to the extent of the seems secured by this Security Instrument immediately prior to the
acquisition,
6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds.
Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this
Security Internment and shall continue to occupy the Property as Borrower's principal residence for at lent me year after the date
of occupancy, unless lender otherwise agrees in writing, which consent shall me be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair 0e Property, allow the
Propertysodeterionee, or commit waste on the Property. Borrower shall be in default if any forfeiture actionorproceediag, whether
civil or chimiml, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially
impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate,
as provided in pangraph 18, by causing the acdon or proceeding to be dismissed with a ruling that, in Lender's good faith
determinsdon, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this
Security Imtnment or Lender's security interest. Borrower shall also be in default if Borrower, during the tom application process,
gave materially h6e or inaccurate information or statements to Lender (or failed to provide Lender with any material information)
in connection with the loan evidenced by the Note, including, but not limited to, representations coneeming Borrower's occupancy
of the Property as a principal residence. If this Stturity Instr u tent is on a leasehold, Borrower shall comply with all the provisions
of the lease. If Borrower acquires fee tide to the Property, the leasehold and the fee tide shall not merge unless Leader agrees to
the merger in writing.
7. Proltdlon of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this
Security Instrument. or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding
in baNwpicy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Leader may do and pay for whatever
is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums
secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering
on the Propeny to make repairs. Although Leader may take action under this paragraph 7. Lender does we have to do so.
Any =a= disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security
Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of
disbursement at the Note ate and "I be payable, with interest, upon notice from Lender to Borrower requesting payment.
S. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security
Imtrumem, Borrower shall pay the premiums required no maintain die mortgage invurame in effect. If, for any reason, the mortgage
insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage
substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of
the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent
mortgage imunnce coverage is we available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly
mortgage imennce premium being paid by Borrower when the insurance coverage lapsed or ceased to he in effect. Lender will
accept, use and mono these payments as a low reserve in lieu of mortgage insurance. Loss reserve payments may no longer be
required, at the option of Lender, if mortgage insurance coverage (in the mount and for the period that Leader requires) provided
by an insurer approved by Under again becomes available and is obtained. Borrower shall pay the premiums required to maintain
mortgage inform in effect, or to provide a low reserve, until the requirement for mortgage insurance ends in accordance with any
written agreement between Borrower and Leader or applicable law.
9. Invpedion. Leader or its agem may make reasonable entries upon and inspections of the Property. Lender shall give
Borrower notice at the time of or prior to son inspection specifying reasonable cause for the inspection.
10. Con imwtion. 71e proceeds of my award or claim for damages, direct or consequential, in conrccdon with any
condemnation or other taking of any par of the Property, or for conveyance in lieu of condemnation, arc hereby acsigred mail shall
be paid to Oder.
In the event of a total taking of Line Property, the proceeds shall be applied to the sums secured by this Security Instrument
whether or ms. men due, with any excess paid to Burrower. In the event of a partial taking of the Property in which the fair market
value of the property immediately before the taking is equal to or greater than the mount of the sums secured by this Security
Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this
sonata Famay . F.We MWFrlddia M. UNIFORM INSTRUMENT
V V.... tal
Pa9• 7 W 8 InihiYa: tF FT R 9190
. rant
Ana.
BOOK 1 0 PkcE 1139
Security Iaarrumem shall be reduced by the -aunt of the proceeds multiplied by the follov' • fraction (a) the total amount of the
sums secured Immediately before the ukioa, divided by (b) the fair market value of the t: ,deny im nedWely before the taking.
Any balance aliall be paid to Borrower. In the event of a partial [along of the Property in which the fair market value of the Property
immedutely before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Leader
otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this
Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower out the condemnor often to make an award
or scam a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is
authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by
this Security Instrument, whether or ant then due.
Unless Lender and Bonower otherwise agree in writing, any application of proceeds to principal shall oat extend or par"=
the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of
amortization of she sums secured by this Security Instrument granted by Leader to coy successor in interest of Borrower shall not
operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to
commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortntion of
the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in
interest. Any forbearance by Lender in exercising any right or remedy shall trot be a waiver of or preclude the exercise of any right
or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Coalgners. The covenants and agmemeots of this Security
Instrument shall bind and benefit the succesmrs and assigns of Lender and Borrower, subject to the provisions of paragraph 17.
Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Insuumem but does not
execute the Note: (a) is c signiag this Security Instrument only to mortgage, grant and covey that Borrower's interest in the
Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security
Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations
with regard to the terms of this Security Instrument or the Nate without that Sonowre's consent.
13. Loan Charges. If the town secured by this Security Instrument is subject to a law which sets maximum loan charges, and
out law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loco exceed
the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted
limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may
choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund
reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by
first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any
other address Borrower desigates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address
stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall
be deemed to have been given to Borrower or Lender when given as provided in this paragraph.
IS. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction
in which the property is located. to the event that any provision or clause of this Security Instrument or the Note coMicts with
applicable law, such conflict shall act affect other provisions of this Security Instrument or the Note which can be given effect
without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Tnrufer or the Property or a Beneficial Interest In Borrower. If all or any pan of die Property or any interest in it is
said or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a namnl person) without
Leader's prior written consent. Lender may, at its option, require immediate payment in full of all sums secured by this Security
Instrument. However, this option shall oat be exercised by Lender if exercise is prohibited by federal law as of the dam of this
Security Instrument.
If Lender exercises this option. Lender shall give Borrower notice of acceleration. The notice shall provide a period of rut less
than 30 days from the dam the anti" is delivered or mailed within which Borrower must pay all sums secured by this Security
Instrument. If Borrower fails to pay these sting prior to the expiration of this period. Lender may invoke any remedies permitted
by this Security Instrument without further ant" or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions. Borrower shall have the right to have enforcement
of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may
specify for reinstatement) before sale of the Property pursuant to any power of sale contained in ibis Security Instrument; or (b) entry
of a judgment eafoming gars Security Instrument. Those conditions are that Borrower: (a) pays Leader all sums which then would
be due under this Security Insuumem and the Note as if m acceleration had occurred; (b) cures any default of any other covenants
or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, masombte
attorneys' fees; and (d) (sites such action as Lender my mannishly require to assure that the lien of this Security Instrument,
Leader's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall coadmte
unchanged. Upon reinstatement by Bonower, Ibis Security Instrument and the obligations secured hereby shall remain fully effective
SIn91a Fa fly - Fannie M.e/Fnddb M. UNIFORM INSTRUMENT •??•q,/--/yy? Rev, 9190
Pages C ales hiti.b: _ lT nR V«. 141
n6
bobA 120 VACE 1134
as if oo uceleradon had Pct'urced, jilrym 'his right to reinstate
19, Silg of Neill C60" of 1.d shall Apt apply In diQ F" P(IlccelglKdPA PAdgf I
a S}iK. P. The Note tr g p apish 7,
may be mid Axis As mow Wow w4thang prig Jaw. a gomlwwM"1A gas 1 Merest hi the 1 ou, ]..ielher Will this Securily'Idttndhebl)
Servlcae•) that collects monthly payments due under the Note and this security Instrumto a ent.. Th? aid ay lso matey be am o °mom changes th -Lop
of the Loan Ser"a" unrelated to A We of the Now. If there is a change of the Loan Servicer, Borrower will be given written Dodo
of the change In Accordance with Paragraph 14 above and applicable law.
Applicable Law. The notice will SIAL• the name and address of the new Lan
Service and the address to which payments should be made. The notice will aim contain any other information required by
m.11
20. Hass rdox Substances. Borrower stall not cause or penult the presence, use disposal Storage, or release ofany Harardom
Subsuoces on or is the Progeny. Barrawer shall not do, not allow anyone else to do, anything affecting the Progeny tut oe in
violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on she Property
of small quantities of Hazardous Subsumes that are generally recognized to he appropriate ronormal residential uses and to
maintename of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other Action by any
governmenW or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental law of
which Borrower bas uroal knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any
removal or other remedistion of any Hazardous Subsume affecting the Property is necessary, Borrower shall promptly take all
necessary remedial actom in Accordance with Environmental law.
As used in this paragraph 20, 'Hautdous Substances' are those substances defined a toxic or hazardous substances by
Baviromnmul Law and the following auWtances: gamlim, kerosene, other flamenu hle or toxic petroleum products, toxic pesticides
and herbicides, volatile solvents, materials comaldog asbestos or formaldehyde, and radioactive materials, Asusedindilspuagraph
20, 'Eavironmenul law' means federal laws and laws of the jurisdiction where the Property is located tat relate to health, safety
or envinu meand protection.
NON-UNIFORM COVBNANTS. Borrower and Lender funher covemnt and agree as follows:
21. Accelerntlon; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of
any covmant or agreement In this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable
law provides otherwise). Leader shall notify Borrower of, among other things: (a) the default; (b) the action required to cure
the default; (c) when the default must be cured; and (d) that failure to cure the default u specified may result In acceleration
of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall
further Inform Borrower of the right to rthutate after acceleration and the right to wM In the foreclosure proceeding the
nonedstmee of a default or any other defense or Borrower to acceleration and foreclosure. If the default Is not cured as
specified. Lender at Its option may require immediate payment In full of all sums scoured by this Security Instrument without
further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all
expenses Incurred in pursuing the remedies provided In this paragraph 21, Including, but not limited to, attorneys' fees and
costs of title evidence to the extent permitted by applicable law.
22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the waste conveyed
shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instnmem without charge
to Borrower. Borrower shall pay my recordation costs.
20. Walvers. Borrower, to the extent remitted by applicable law, waives and releases any error or dc(ecis in proceedings to
enforce this Security Inuumem, and hereby waives the benefit of any present or Ponce laws providing for stay of exnvtion,
extension of time, exemption from attachment, levy and sale, and homestead exemption.
24. Reinstatement Period. Borrowers time to reinstate provided in paragraph 18 shall extend to one hour prior to the
commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument.
25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire tide to
the Property, this Security Instrument dull be a purchase money mortgage.
26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Nom or
in so Action of mortgage foreclosure shall be the rate payable from time to time under the Note.
PENNS YLVANfA - Single Family - Fannie Mu/Freddia Mee UNIFORM INSTRUMENT
e.n.n r m. scar ce.. cos. nom x,.,055 e.. 5 of a Form 7039 9150
9 ininidr: lit Ile39 inn
-e4 d '
BOOK 1293 PacE 1135
24. Riden to Hnts Security tmtr une If one or more riders am executed by Bor -= and recorded together with this
Security Imtrumem, the-cove-a12111 and sgne...,ems of each such rider shall be incorporated ie.- and shall emend aW suppiemem the
cove-Ann Rod agreements of this Security Instrument v if the rider(s) were a part of this Security Instrument. (Check applirable
box(es)).
? Adjustable Ram Rider
? Graduated Payment Rider
? Balloon Rider
? other(s) (specify)
? Condominium Rider
? Planned Unit Development Rider
? Rate Improvement Rider
? 1.4 Family Rider
? Biweekly Payment Rider
? Second Home Rider
By SIGNING BELOW, Borrower accepts and agrees to the reran and covenants contained in this Security Instrument and ire
any rider(s) executed by Borrower and recorded with it.
Witnesses:
WMILZIF L BERG TRESSER
Social Security Number
175-48-4750 ,WnM,
RUTH N kEtiXti •""?
(Sal)
Social Security Number 175-54-2251
Social Security Number
Social Security Number
(SW)
ae....,
(Seal)
aee.,w
ITO.ee R.I.,r TIw W Fee A.kmwYep tj
COMMONWEALTH OF PENNSYLVANIA, Cumberland County a:
On this, the 27TH day of NOVEMBER , 19 95 , before me Holly F. Keller
PHILIP L BERGSTRESSER AND RUM N BERGSTRESSER the undersigned officer, Personally appeared
known to me (Or satisfactorily proven) to be the person whose name THEY subscribed to the within insummernt col
acknowledged that THEY executed the same for the purposes heroin contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission expires:
tl?tol'1a?
M ?gysanEsirs?? 1
PENNSYLVANIA - Single Femav • Fenni. MN/Fr.ddil Mee UNIFORM INSTRUMENT
a Leq Q.. We. ism, "69055 pegs a or a Initi t
?' 1 V
Form 3039 9190
t9T 011039 1191
1100K I-293 FACE 1136
ALL THAT CERTAIN lot or piece of land situate in East Pennsboro
Township, Cumberland county, Pennsylvania, bounded and described as
follows, to wit:
BEGINNING at a point in the northerly line of Dauphin Street at the
distance of 246.207 feet measured westwardly along said line of Street
from the southwesterly extremity of the arc or curve having a radius
of 30 feet connecting the westerly line of Susquehanna Avenue with the
said northerly line of Dauphin Street; extending thence westwardly
along the said line of Dauphin Street on a line curving toward the
left with a radius of 342.838 feet, a distance of 50 feet; thence
North 23 degrees 16 minutes 46 seconds East, 299.060 feet; thence
South 74 degrees 52 minutes 31 seconds East, 46 feet; thence passing
through the middle line of the party wall between the house on this
lot and the house on the lot adjoining on the east, South 22 degrees
15 minutes 11 seconds West, 239.263 feet to the place of BEGINNING.
of Pennaylvenla
.nty of Cumberland1l
) si
dad in the office lot the rX.
andf nberland Count
Boo Zvot _ Page
..;,n my hand a sal of off 1(
rlialo, PA IhiiA daygL
BooK 1293 PACE 1197
LOAN NO. 5052220
NOVEMBER 27 .19 95
NOTE
BLUE BALL
IG1yl
121 E DAUPHIN STREET
ENOLA, PA 17025
(Riimny Adernul
This it , certhty that this
Is a true and oorrecPAopy
L. l _ ap, i. IMat
5ettlemen Ag t Auth. Sign.
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $ 52, 500.00 (this amount is called
"principal"), plus interest, to the order of the Lender. The Lender is
BLUE BALL NATIONAL BANK,
1 understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to
receive payments under this Note is called the "Nate Holder'.
2. INTEREST
Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate
of 7.875 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of
this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by malting payments every month
I will make my monthly payments on the 1ST day of each month beginning on JANUARY 1
1996 . I will make these payments every month until I have paid all of the principal and interest and any other charges described
below that I may owe under this Note. Sly mombily payments will be applied to interest before principal. If, on
DECEMBER 1 , 2005 1 still owe amounts under this Note, I will pay those amounts in full on that
date, which is called the 'maturity date
I will make my monthly payments at
BLUE BALL NATIONAL BANK P.O. BOX 580 BLUE BALL, PA 17506
or at a different place if required by the Nate Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. E 633.51
4. BORROWER'S RIGHT TO PREPAY
I have the right to snake payments of principal at any time before they are due. A payment of principal only is known as a
"prepayment% When I make a prepayment, I will tell the Note Holder in writing that I am doing so.
I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of
my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no
changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes.
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximums loan charges, is finally interpreted so that the interest or other loan
charges collected or to be collected in connection with this loan exceed the permitted limits, them (i) any such loan charge shall be
reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which
exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe
under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial
prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after
the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5 % of my
overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.
(B) Default
If I do not pay the frill amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain
date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest
that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me.
MULTISTATE FIXED RATE NOTE - Single Family - FNMAIFHLMC UNIFORM INSTRUMENT ?t? ;16, Fom1 3200 12/83
Lm,, F ini. Inc. 19001 "8.2555 PagA 1 of 2 Initiela:-/l r Y UFr 1113200 9191
Exhibit "B"
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the
Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be
paid back by me for all its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses
include, for example, reasonable attorneys' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering
it or by trailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice
of my different address.
Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note
Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this
Note, including the promise to pay the full 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. The Note Holder may eaforce its rights under
this Now against each person individually or against all of us together. This means that any one of us may be required to pay all
of the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under Otis Note waive the rights of presentment and notice of dishonor.
"Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right
to require the Nate Holder to give notice to other persons that amounts due have not been paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note
Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note,
protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That
Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts
I owe under this Note. Some of those conditions are described as follows:
Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest
in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural
person) without Leader's prior written consent, Leader may, at its option, require immediate payment in full of all sums
secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited
by federal law as of the date of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a
period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums
secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender
may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower.
WITNES THE HAND AND SEAL(S) OF THE UNDERSIGNED.
(Seal) A'01J ?tLJo `/ (seal)
PHI P L BERG SSER R= N ER S SER. -110"Wer
Social Security Number 175- Y%`f 7SO Social Security Number / 75 S? v? .YZ
Social Security Number
?Je?l ?
(Seat)
Social Security Number
(Seal)
.eoi..sr
[Sign Original Only]
MULTISTATE FIXED RATE NOTE - Single Family • FNMA/FHLMC UNIFORM INSTRUMENT :?Ab v2 Form 3200 1 218 3
Liau Form, I.C. 18001 Nd4555 Pago 2 of 2 Initials: UFr $3200 9191
NAME AFFIDAVIT
The undersigned hereby certifies that he, Philip Lane Bergstrasser is one and the
same as Philip L. Bergstresser.
The undersigned hereby certifies that she, Ruth Naomi Bergstrasser is one and the
same as Ruth N. Bergstresser.
Sworn to and subscribed before me
Phis 27th day of Nov., 1995
ti?T4R411 ic4l
NOLL(
Han'r, •r.?`,ep.,Cum? :` ndf 1997
81?Comn' sianE?cesNarihU.
THIS INDENTURE WITNESSETH, That Blue Ball National Bank, a netional
banking corporation authorized to do business in the State of
Pennsylvania having its principal office in East Earl Township, County
of Lancaster, and State of Pennsylvania, party of the first part, in
consideration of the sum of TWO OR MORE DOLLARS, the receipt whereof
is hereby acknowledged, hereby sells, assigns and transfers unto,
FEDERAL NATIONAL MORTGAGE ASSOCIATION
510 Walnut Street - 16th Floor
Philadelphia, PA 19106-3697
party of the second part, a certain INDENTURE OF MORTGAGE dated the
27th day of Nov n r 1 9s, A.D., signed by
Ph lip L. Bergstresser
Ruth N. Bergstresser
conveying to Blue Ball National Bank as mortgagee, the following
described premises, to wit: 121 g, in St '702r
and further sells, assigns and transfers unto said party of the second
part and debt secured by said mortgage and all of said mortgagee's
right, title and interest in and to the premises herein above
described, said mortgage is recorded in the office of the Recorder of
Deeds for the County of QmbMZland, State of Pennsylvania in Book
, Page , as Document No.
IN WITNESS WHEREOF, said party of the first part has caused this
instrument to be signed by its mortgage Sales Manager and its Senior
Vice President, with its seal hereto affixed, this jp_th day of
Ngvember. 1995, A.D.
ATTEST:LNLtj,_d.Qj [)/l:;,n
y
Prepared by and returned to:
Blue Ball National Bank
1060 Main Street
Blue Ball, PA 17506
STATE OF PENNSYLVANIA
COUNTY OF LANCASTER: SS
I, the undersigned officer, a Notary Public in and for the County of
Lancaster in the State of Pennsylvania, do hereby certify that Craig
E. Styer/Mortgage Sales Manager and Joseph C. Spada/Senior Vice
President of Blue Ball National Bank, who are personally known to me
to be the same persons whose names are subscribed to the foregoing
instrument as such Manager and Senior Vice President appeared before
me this day in person and acknowledge that they signed, sealed and
delivered said instrument as their free and voluntary act and as the
free and voluntary act of said Blue Ball National Bank for the uses
and purposed therein set forth and caused its seal to be thereto
attached. Given under my hand and Notarial Seal this jgry day of
Nov h r. 1999, A.D.
COMMISSIOI•T STAMP
Exhibit "i
WBNB
Blue Ball National Bank•
Subsidiary oJPennRock r
Financial Services Corp.
July 1, 1999
Philip L. Bergstresser
5306 D Manayunk Rd.
Harrisburg, PA 17109
Re: Mortgage upon premises at 121 E Dauphin St., Cumberland County, PA 17025.
Dear Mr. Bergstresser;
The MORTGAGE held by Blue Ball National Bank (hereafter we, us or ours) on your
property located at 121 E Dauphin St., Cumberland County, PA 17025, is IN SERIOUS
DEFAULT, because you have not paid the monthly oavments for the months of May and
June ans July. 1999. Late charges (and other charges) have also accrued to this date in the
amount of $83.97. The total amount now required to cure this default, or in other words
get caught up on your payments, as of the date of this letter, is $2,050.10.
You may cure this default within THIRTY (301 DAYS of the date of this letter, b paying
to us the above amount of $2.050.10 plus any additional monthly oavments and late
charges which may fall due during this period Such payment must be made either by
cash, cashier's check or money order, and made at P.O. Box 580, Blue Ball, PA, 17506.
If you do not cure the default within THIRTY (30) DAYS, You are advised that the entire
obligation shall be immediately accelerated and that entire principal debt together with
accrued interest, shall be immediatelv due and savable WITHOUT FURTHER NOTICE
TO YOU. This means that whatever is owing on the original borrowed will be considered
due immediately and you may lose the chance to pay off the original mortgage in
monthly installments. If full payment of the amount of default is not made within TEN
(10) DAYS, Blue Ball National Bank will instruct it's attorney to start a lawsuit to
foreclose Your mortgaged property. If the mortgage is foreclosed Your mortgaged
property will be sold by the Sheriff to pay off the mortgage debt Any attorney's fees will
be added to whatever is owed the bank, which may include it's reasonable costs.
The bank may also sue you personally for the unpaid mortgage balance and all sums due
under the mortgage.
P.O. Box 580 • 1060 Main Street • Blue Ball, PA 17506 • 717-3544541 a www.bbnb.com
Exhibit "D"
RNR
Blue Ball National Bank .
Subsidwry q1 PemRock
Fii cidl Services Corp.
If you have not cured the default within the THIRTY (30) DAY period and foreclosure
proceedings have begun, you still have the right to cure the default and prevent the sale at
any time up to one hour before the Sheriffs foreclosure sale You may do so by paving
connected with the foreclosure sale (and perform any other requirements under the
mortgage). 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 number: (717) 354-4541. This payment must be in cash, cashier's check or
certified check and made payable to us at the address stated above.
You should realize that a Sheriffs sale will end your ownership of the mortgaged
property and your right to remain in it, if you continue to live in the property after the
Sheriffs sale, a lawsuit could be started to evict you.
If you cure the default the mortgage will be restored to the same position as if no default
had occurred.
Being so advised, govern your action accordingly.
Sincerel ,
Donald A. Hodgen
Loan Counselor
P.O. Box 580 • 1060 Main Street • Blue Bali, PA 17506 • 717-354-4541 • www.bbnb.com
MBBIB
Blue Ball National Bank
Subsidiary o/PennRg k
fins ial Services Corp.
July 1, 1999
Ruth N Bergstresser
121 E Dauphin St
Enola PA 17025-2408
Re: Mortgage upon premises at 121 E Dauphin St., Cumberland County, PA 17025.
Dear Mrs. Bergstresser,
The MORTGAGE held by Blue Ball National Bank (hereafter we, us or ours) on your
property located at 121 E Dauphin St., Cumberland County, PA 17025, is IN SERIOUS
DEFAULT, because You have not paid the monthly Payments for the months of May and
June ans Julv. 1999 Late charges (and other charges) have also accrued to this date in the
amount of $83.97. The total amount now required to cure this default, or in other words
get caught up on your payments, as of the date of this letter, is $2,050.10.
You may cure this default within THIRTY (30) DAYS of the date of this letter, by paving
to us the above amount of $2 050 10 plus any additional monthly payments and late
charges which may fall due during this period Such payment must be made either by
cash, cashier's check or money order, and made at P.O. Box 580, Blue Ball, PA, 17506.
If you do not cure the default within THIRTY (30) DAYS, you are advised that the entire
obligation shall be immediately accelerated and that entire principal debt togP*her with
accrued interest shall be Immediately due and payable WITHO F ETHER NOTICE
TO YOU. This means that whatever is owing on the original borrowed will be ronsidered
due immediately and you may lose the chance to pay off the original mortgage in
monthly installments. If full payment of the amount of default is not made within TEN
(10) DAYS, Blue Ball National Bank will instruct it's attorney to start a lawsuit to
foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged
Property will be sold by the Sheriffto pay off the mortgage debt Any attorney's fees will
be added to whatever is owed the bank, which may include it's reasonable costs.
The bank may also sue you personally for the unpaid mortgage balance and all sums due
under the mortgage.
P.O. Box 580 • 1060 Main Street • Blue Ball. PA 17506 • 717.354-4541 • www.bbnb.com
?RNR
Blue Ball National Bank ,
Subsidiary of PennRoek
Pimncial Services Corp.
If you have not cured the default within the THIRTY (30) DAY period and foreclosure
proceedings have begun, You still have the right to cure the default and prevent the sale of
any time uo to one hour before the Sheriffs foreclosure sale, You may dt so by paving
the total amount of the unpaid monthlprincioal Payments plus accrued interest and any
late or other charges then due as well as the reasonable attorney's fees and costs
connected with the foreclosure sale (and perform ally other requirements under the
orta e . 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 number: (717) 3544541. This payment must be in cash, cashier's check or
certified check and made payable to us at the address stated above.
You should realize that a Sheriffs sale will end your ownership of the mortgaged
property and your right to remain in it, if you continue to live in the property after the
Sheriffs sale, a lawsuit could be started to evict you.
If you cure the default, the mortgage will be restored to the same position as if no default
had occurred.
Being so advised, govern your action accordingly.
Sincerely,
Don d A. gen
& 4j -
Loan Counselor
P.O. Box 580 • 1060 Main Street • Blue Ball, PA 17506 • 717.3544541 • www.bbnb.com
Federal National Mortgage Association
-vs-
Philip L. Bergstresser and
Ruth N. Bergstresser
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 99-5430 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ
is returned STAYED.
Sheriffs Costs:
Docketing
Poundage
Law Library
County
Levy
Postpone Sale
Surcharge
Sworn and subscribed to before me
30.00
1.81
.50
1.00
15.00
20.00
24.00
$ 92.31 Pd by Atty.
12-23-99
This -)l.?-day of
1999, A.D.
r honotary
So an we
R. Thomas Kline, Sheriff
?Deputy
P"I ISP 1U9AFF.4- PUI 121SM 9:06 AM
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
FEDERAL NATIONAL MORTGAGE )
ASSOCIATION )
Vs. ) No. 99-5430 Civil
PHILIP L. BERGSTRESSER and )
RUTH N.BERGSTRESSER )
AFFIDAVIT PURSUANT TO RULE 3129.1
Federal National Mortgage Association, plaintiff in the above action, sets forth as of the
date the praecipe for the writ of execution was filed the following information concerning the
real property located at 121 East Dauphin Street, Enola, East Pennsboro Township,
Cumberland County, Pennsylvania:
Name and address of owner(s) or reputed owner(s):
Name
Address (if address cannot be
reasonably ascertained, please
so indicate)
Philip L. Bergstresser
Ruth N. Bergstresser
5306 D Manayunk Road
Harrisburg, PA 17109
121 East Dauphin Street
Enola, PA 17025-2408
2. Name and address of defendant(s) in the judgment:
Name Address (if address cannot be
reasonably ascertained, please
so indicate)
Philip L. Bergstresser 5306 D Manayunk Road
Harrisburg, PA 17109
Ruth N. Bergstresser 121 East Dauphin Street
Enola, PA 17025-2408
91.1198 3129AFF.d, PLII 1218/999:M AM
3.
4.
5.
6.
7
Name and address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name Address (if address cannot be
reasonably ascertained, please
so indicate)
Blue Ball National Bank, as P.O. Box 580
servicing agent for Federal Blue Ball, PA 17506
National Mortgage Association
Name and address of the last recorded holder of every mortgage of record:
Name Address (if address cannot be
reasonably ascertained, please
so indicate)
Blue Ball National Bank, as P.O. Box 580
servicing agent for Federal Blue Ball, PA 17506
National Mortgage Association
Name and address of every other person who has any record lien on their property:
Name Address (if address cannot be
reasonably ascertained, please
so indicate)
None
Name and address of every other person who has any record interest in the property
and whose interest may be affected by the sale:
Name Address (if address cannot be
reasonably ascertained, please
so indicate)
None
Name and address of every other person of whom the plaintiff has knowledge who has
91.11515199AFP.Aa PLH 1219M 9:95 AM
any interest in the property which may be affected by the sale:
Name Address (if address cannot be
reasonably ascertained, please
so indicate)
Jane E. Biddle 98 South Enola Drive
East Pennsboro Township Tax Collector Enola, PA 17025
Cumberland County Treasurer One Courthouse Square
Carlisle, PA 17013-3387
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to
authorities.
FEDERAL NATIONAL MORTGAGE ASSOCIATION
BY: LUE BALL NATIONAL BANK, AGENT
December 10, 1999 dY.? C
sa E. Means, Collectio Specialist
&1.1134 312"M PL11 13" 9:32 AM
FEDERAL NATIONAL MORTGAGE
ASSOCIATION
VS.
PHILIP L. BERGSTRESSER and
RUTH N. BERGSTRESSER
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
99-5430
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
TAKE NOTICE:
That the Sheriffs Sale of Real Property (real estate) will be held on March 1, 2000, in the
COMMISSIONER'S HEARING ROOM, SECOND FLOOR, CUMBERLAND COUNTY
COURTHOUSE, I COURTHOUSE SQUARE, CARLISLE, PENNSYLVANIA, 17013 at
10:00 A.M., prevailing 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: 121 East Dauphin Street, East
Penmboro Township, Cumberland County, Enola, Pennsylvania.
THE JUDGMENT under or pursuant to which your property is being sold is docketed to:
No. 99-5430
The names of the owners or reputed owners of this property are:
Philip L. Bergstresser and Ruth N. Bergstresser
A SCHEDULE OF DISTRIBUTION, being a list of the persons and or governmental or
corporate entities or agencies being entitled to receive part of the proceeds of the sale received
and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities
that are owed taxes), will be filed by the Sheriff within 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 Cumberland Sheriff of the Court of
81•I158 3129NWPLH 1118M111 AM _ -
Common Pleas of Cumberland County, Pennsylvania, Cumberland County Court House, I
Courthouse Square, Carlisle, Pennsylvania, 17013, (717) 240-6390.
IQ t%LNLJ rLAUh OF SALE gainst y you. 1E
P ROPE M. It has been issued because there is ajudgment
ay c us0e y ur
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 OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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 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 Sheriffs deed is delivered.
3. A petition or petitioners raising the legal issues or rights mentioned in the preceding
paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the
Court's regularly scheduled business court sessions. The petition must be served on the attomey
for the creditor at least two (2) business days 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, Cumberland County Court
II- 115I 3179NOr PLN IIIII 99:77 AM
House, 1 Courthouse Square, Carlisle, Pennsylvania 17013, before presentation of the petition to
the Court.
WE WEAVER & KLING, LLP
Robert K. Weaver, Esquire
Attorney for Plaintiff
Attorney I.D. No. 19529
132 West Main Street
New Holland, PA 17557
(717) 354-4456
A 1.1 HA 3129NM PLH 12/8199942 AM
ALL THAT CERTAIN lot or piece of land situate with the buildings and
improvements thereon erected, situate in East Pennsboro Township, Cumberland County,
Pennsylvania, bounded and described as follows to wit:
BEGINNING at a point in the northerly line of Dauphin Street at the distance of
246.207 feet measured westwardly along said line of Street from the southwestern extremity of
the arc or curve having a radius of 10 feet connecting the westerly line of Susquehanna Avenue
with the said northerly line of Dauphin Street; extending thence westwardly along the said line of
Dauphin Street on a line curving toward the left with a radius of 342.838 feet, a distance of 50
feet; thence North 23 degrees 16 minutes 46 seconds East, 299.060 feet; thence South 74 degrees
52 minutes 31 seconds East, 46 feet; thence passing through the middle line of the party wall
between the house on this lot and the house on the lot adjoining on the east, South 22 degrees 15
minutes 11 seconds West, 239.263 feet to the place of BEGINNING.
IMPROVED with the western half of a double frame dwelling house known and
numbered as 121 Dauphin Street, Enola, Pennsylvania.
BEING THE SAME PREMISES WHICH Martha W. Houk, Executrix of the
Last Will and Testament of A. Kathryn Minich, deceased, by deed dated October 16, 1979 and
recorded October 18, 1979 in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Record Book S, Volume, 28, Page 142, granted and conveyed unto
Philip Lane Bergstresser and Ruth Naomi Bergstresser.
BEING tax parcel no. (09)-14-0832-070.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 99-5430 CIVIL 19_
CIVIL ACTION • LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due Federal National Mortgage Association
from Philip L. Bergstresser, 5306 D Manayunk Rd., Harrisburg PA 17109
bith N- a gat nawpr 171 E. Dauphin St Enola PA 17025.
(1) You are directed to levy upon the property of the defendant(s) and to sell Real estate at
121 E. Dauphin St. ENola PA 17025 (See attached legal description.)
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of
GARNISHEE(S) as follows:
and to ratify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing
thereof;
(3) If property of the defendant(s) not levieduponan subjectlo attachment isfound in the possession of anyoneother
than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due $42,384.96 L L $.50
Interest 1D/12/99 - 12/10/99 S464.70 Due Prothy $1.00
Ally's Comm % Other Costs
AttyPaid $160.80
Plaintiff Paid
Date: Deeember 13.1999
Civil Division
REQUESTING PARTY:
Nert K. Weaver, Esq.
Address: 132 W. Main St.
Attorney for:
New Holland PA 17557
Plaintiff
by:
Deputy
Telephone: (717) 354-4456
Supreme Court ID No. 19529
REAL ESTATE SAE No. 4(7
.:: e.Q?.?•,Q.,,-. 2d? ? 949 .
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60
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
FEDERAL NATIONAL MORTGAGE
ASSOCIATION No. 99-5430 CIVIL
V.
PHILIP L BERGSTRESSER and
RUTH N.BERGSTRESSER
Address: 5306 D Manayunk Road
Harrisburg, PA 17109
121 East Dauphin Street
Enola, PA 17025-2408
PRAECIPE FOR WRIT OF EXECUTION
(Mortgage Foreclosure)
To the Prothonotary:
Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County,
against Philip L. Bergstresser and Ruth N. Bergstresser, Defendants, and direct the Sheriff to
levy on real property situate at 121 East Dauphin Street, Enola, East Pennsboro Township,
Cumberland County, Pennsylvania, as more particularly described in Exhibit "A", attached
hereto and made a part hereof.
Amount due ...................$42,384.96
Interest accrued from
10/12/99 - 12/10/99...... 464.70
Additional late charges..... 63.34
Partial amortized payment._ 220.87
Amount ......................... $43,133.87,
Plus costs
WENTZ, WEAVER & KLING, LLP
Dated: December 10, 1999 By:
Robert K. Weaver
Attorney for Plaintiff
. 11-11593129NMPLH 121L99952AM
ALL THAT CERTAIN lot or piece of land situate with the buildings and
improvements thereon erected, situate in East Pennsboro Township, Cumberland County,
Pennsylvania, bounded and described as follows to wit:
BEGINNING at a point in the northerly line of Dauphin Street at the distance of
246.207 feet measured westwardly along said line of Street from the southwestern extremity of
the arc or curve having a radius of 10 feet connecting the westerly line of Susquehanna Avenue
with the said northerly line of Dauphin Street; extending thence westwardly along the said line of
Dauphin Street on a line curving toward the left with a radius of 342.838 feet, a distance of 50
feet; thence North 23 degrees 16 minutes 46 seconds East, 299.060 feet; thence South 74 degrees
52 minutes 31 seconds East, 46 feet; thence passing through the middle line of the party wall
between the house on this lot and the house on the lot adjoining on the east, South 22 degrees 15
minutes 11 seconds West, 239.263 feet to the place of BEGINNING.
IMPROVED with the western half of a double frame dwelling house known and
numbered as 121 Dauphin Street, Enola, Pennsylvania.
BEING THE SAME PREMISES WHICH Martha W. Houk, Executrix of the
Last Will and Testament of A. Kathryn Minich, deceased, by deed dated October 16, 1979 and
recorded October 18, 1979 in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Record Book S, Volume, 28, Page 142, granted and conveyed unto
Philip Lane Bergstresser and Ruth Naomi Bergstresser.
BEING tax parcel no. (09)-14-0832-070.
Exhibit "A"
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11.1151 ]129AFF.dm PLR III99 9:96 AM
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
FEDERAL NATIONAL MORTGAGE )
ASSOCIATION )
VS. ) No. 99-5430 Civil
PHILIP L. BERGSTRESSER and )
RUTH N.BERGSTRESSER )
AFFIDAVIT PURSUANT TO RULE 3129.1
Federal National Mortgage Association, plaintiff in the above action, sets forth as of the
date the praecipe for the writ of execution was filed the following information concerning the
real property located at 121 East Dauphin Street, Enola, East Pennsboro Township,
Cumberland County, Pennsylvania:
1. Name and address of owner(s) or reputed owner(s):
Name
Address (if address cannot be
reasonably ascertained, please
so indicate)
Philip L. Bergstresser
Ruth N. Bergstresser
5306 D Manayunk Road
Harrisburg, PA 17109
121 East Dauphin Street
Enola, PA 17025-2408
2. Name and address of defendant(s) in the judgment:
Name
Address (if address cannot be
reasonably ascertained, please
so indicate)
Philip L. Bergstresser
Ruth N. Bergstresser
5306 D Manayunk Road
Harrisburg, PA 17109
121 East Dauphin Street
Enola, PA 17025-2408
8I-I1147139AFFA PW IV9M 9.M AM
3.
4.
5.
6.
Name and address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name Address (if address cannot be
reasonably ascertained, please
so indicate)
Blue Ball National Bank, as P.O. Box 580
servicing agent for Federal Blue Ball, PA 17506
National Mortgage Association
Name and address of the last recorded holder of every mortgage of record:
Name
Address (if address cannot be
reasonably ascertained, please
so indicate)
Blue Ball National Bank, as
servicing agent for Federal
National Mortgage Association
P.O. Box 580
Blue Ball, PA 17506
Name and address of every other person who has any record lien on their property:
Name Address (if address cannot be
reasonably ascertained, please
so indicate)
None
Name and address of every other person who has any record interest in the property
and whose interest may be affected by the sale:
Name Address (if address cannot be
reasonably ascertained, please
so indicate)
None
Name and address of every other person of whom the plaintiff has knowledge who has
91.11513129APPA, PLH 111499 9:06 AM
any interest in the property which may be affected by the sale:
Name Address (if address cannot be
reasonably ascertained, please
so indicate)
Jane E. Biddle 98 South Enola Drive
East Pennsboro Township Tax Collector Enola, PA 17025
Cumberland County Treasurer One Courthouse Square
Carlisle, PA 17013-3387
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
[Wade subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to
authorities.
FEDERAL NATIONAL MORTGAGE ASSOCIATION
BY: LUE B LL NATIONAL BANK, AGENT
December 10, 1999 ?a ?) / 'y,
a E. Means, Collecti n Specialist
11.115/ 2129NVr PLH 121" 9:12 AM
FEDERAL NATIONAL MORTGAGE ) IN THE COURT OF COMMON PLEAS
ASSOCIATION ) OF CUMBERLAND COUNTY, PA
VS. )
CIVIL ACTION -LAW
PHILIP L. BERGSTRESSER and )
RUTH N. BERGSTRESSER ) 99-5430
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY P IRC1 ANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 129
TAKE NOTICE:
That the Sheriff's Sale of Real Property (real estate) will be held on March 1, 2000, in the
COMMISSIONER'S HEARING ROOM, SECOND FLOOR, CUMBERLAND COUNTY
COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PENNSYLVANIA, 17013 at
10:00 A.M., prevailing 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: 121 East Dauphin Street, East
Pennsboro Township, Cumberland County, Enola, Pennsylvania.
THE JUDGMENT under or pursuant to which your property is being sold is docketed to:
No. 99-5430
The names of the owners or reputed owners of this property are:
Philip L. Bergstresser and Ruth N. Bergstresser
A SCHEDULE OF DISTRIBUTION, being a list of the persons and or governmental or
corporate entities or agencies being entitled to receive part of the proceeds of the sale received
and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities
that are owed taxes), will be filed by the Sheriff within 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 Cumberland Sheriff of the Court of
11-115* 3129NOi PLN 121" 94 AM
Common Pleas of Cumberland County, Pennsylvania, Cumberland County Court House, 1
Courthouse Square, Carlisle, Pennsylvania, 17013, (717) 240-6390.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOttR
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 OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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 procedure used against you.
2. After the Sheriffs 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 Sheriffs deed is delivered.
3. A petition or petitioners raising the legal issues or rights mentioned in the preceding
paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the
Court's regularly scheduled business court sessions. The petition must be served on the attorney
for the creditor at least two (2) business days 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, Cumberland County Court
1111713129NW PLN I VM 9:12 AM
House, 1 Courthouse Square, Carlisle, Pennsylvania 17013, before presentation of the petition to
the Court.
WENT7., WEAVER & KLING, LLP
rjAL?,-
Robert K. Weaver, Esquire
Attorney for Plaintiff
Attorney I.D. No. 19529
132 West Main Street
New Holland, PA 17557
(717) 354-4456
111179]129NW PL11 1711199 9.17 AM
ALL THAT CERTAIN lot or piece of land situate with the buildings and
improvements thereon erected, situate in East Pennsboro Township, Cumberland County,
Pennsylvania, bounded and described as follows to wit:
BEGINNING at a point in the northerly line of Dauphin Street at the distance of
246.207 feet measured westwardly along said line of Street from the southwestern extremity of
the arc or curve having a radius of 10 feet connecting the westerly line of Susquehanna Avenue
with the said northerly line of Dauphin Street; extending thence westwardly along the said line of
Dauphin Street on a line curving toward the left with a radius of 342.838 feet, a distance of 50
feet; thence North 23 degrees 16 minutes 46 seconds East, 299.060 feet; thence South 74 degrees
52 minutes 31 seconds East, 46 feet; thence passing through the middle line of the party wall
between the house on this lot and the house on the lot adjoining on the east, South 22 degrees 15
minutes 11 seconds West, 239.263 feet to the place of BEGINNING.
IMPROVED with the western half of a double frame dwelling house known and
numbered as 121 Dauphin Street, Enola, Pennsylvania.
BEING THE SAME PREMISES WHICH Martha W. Houk, Executrix of the
Last Will and Testament of A. Kathryn Minich, deceased, by deed dated October 16, 1979 and
recorded October 18, 1979 in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Record Book S, Volume, 28, Page 142, granted and conveyed unto
Philip Lane Bergstresser and Ruth Naomi Bergstresser.
BEING tax parcel no. (09)-14-0832-070.
1 ..7
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