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MIDFIRST BANK : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: NO. f?. 6'1.23
Cc to ! -T i..
ROBERT C. DRABENSTADT, JR.
Defendant : CIVIL ACTION - LAW -
: IN MORTGAGE FORECLOSURE
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING
TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION
OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF
COLLECTING THE DEBT.
N O T I C E
You have been sued in court. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after the
complaint and notice are nerved, 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 property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER
OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Carlisle, PA 17013
717-240-6200
Legal Services, Inc.
8 Irvine Row, Carlisle, PA 17013
717-243-9400
A V I S O
LE HAN DEMANDADO A LISTED EN LA CORTE. S1 DESEA DEFENDERSE CONTRA LAS QUEJAS
PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS
DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO OUE
USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE
USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA.
RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL
PROCESO SIN SU PARTICIPACION. ENTONCES, LA CORTE PUEDE, SIN NOTIFICARIO, DECIDIR A
FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA
DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO,
PROPIEDAD U OTROS DERECHOS IMPORTANTES.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE.
SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE
REFERENCIA DE ABOGADOS), 215-238-6300.
Cumberland County Bar Association
Carlisle, PA 17013
717-240-6200
Legal Services, Inc.
B Irvine Row, Carlisle, PA 17013
717-243-9400
MIDFIRST BANK
Plaintiff
vs.
ROBERT C. DRABENSTADT, JR
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
. NO.
: CIVIL ACTION - LAW -
: IN MORTGAGE FORECLOSURE
THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE
FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 51601:
The undersigned attorney is attempting to collect a
debt owed to the Plaintiff, and any information
obtained will be used for that purpose. The amount
of the debt is stated in this Complaint. Plaintiff
is the creditor to whom the debt is owed. Unless
the Debtor, within thirty (30) days after your
receipt of this notice disputes the validity of the
aforesaid debt or any portion thereof owing to the
Plaintiff, the undersigned attorney will assume
that said debt is valid. If the Debtor notifies
the undersigned attorney in writing within the said
thirty (30) day period that the aforesaid debt, or
any portion thereof, is disputed, the undersigned
attorney shall obtain written verification of the
said debt from the Plaintiff and mail same to
Debtor. Upon written request by Debtor to the
undersigned attorney within said thirty (30) day
period, the undersigned attorney will provide
debtor with the name and address of the original
creditor if different from the current creditor.
PURCELL, KRUG & HALLER
Leon P. Haller, Esquire
1719 North Front Street
Harrisburg, PA 17102-2392
(717)234-4178
Attorney ID #15700
Attorney for Plaintiff
MIDFIRST BANK
Plaintiff
VA.
ROBERT C. DRABENSTADT, JR.
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99. 6'03 &,. J T.+
CIVIL ACTION - LAW -
IN MORTGAGE FORECLOSURE
C O M P L A I N T
1. Plaintiff, MIDFIRST BANK, is an Oklahoma corporation,
with an address of 3232 West Reno, Oklahoma City, Oklahoma 73107.
2. Defendant, ROBERT C. DRABENSTADT, JR., is an adult
individual whose last known address is 136 SUNNYSIDE DRIVE,
CARLISLE, PENNSYLVANIA 17013.
3. On or about June 8, 1990, the said Defendant executed
and delivered a Mortgage Note in the sum of $71,518.00 payable to
SOVRAN MORTGAGE CORPORATION, which Note is attached hereto and
marked Exhibit "A"
4. Contemporaneously with and at the time of the execution
of the aforesaid Mortgage Note, in order to secure payment of the
same, Defendant made, executed, and delivered to original
Mortgagee, a certain real estate Mortgage which is recorded in
the Recorder of Deeds office of the within County and
Commonwealth in Mortgage Book 980, Page 555 conveying to original
Mortgagee the subject premises. The Mortgage was subsequently
assigned to MIDFIRST BANK and will be sent for recording. Said
Mortgage and Assignment are incorporated herein by reference.
5. The land subject to the Mortgage is: 136 SUNNYSIDE
DRIVE, CARLISLE, PENNSYLVANIA 17013 and is more particularly
described in Exhibit "B" attached hereto.
6. The said Defendant is the real owner of the land subject
to the Mortgage.
7. The Mortgage is in default due to the fact that
Mortgagor has failed to pay the installment due on April 1, 1999
and all subsequent installments thereon, and the following
amounts are due on the Mortgage:
(a) Unpaid principal balance
$ 66,729 19
(b) Interest at $19.19 per day
from 3/1/99 to 11/1/99
(based on contract rate of 10.500$) 4,701.55
(c) Accumulated Late Charges
212.80
(d) Late charges at $30.40
Per month for 8 months 243.20
(e) Escrow Credit
757.13
(f) 591 Attorney's Commission 3,336.46
$ 74,466.07
*Together with interest at the per diem rate noted in (b) above
after November 1, 1999 and other charges and costs to date of
Sheriff's Sale.
The attorney's fees set forth above are in conformity with
the Mortgage documents and Pennsylvania law, and will be
collected in the event of a third party purchaser at Sheriff's
Sale. If the Mortgage is reinstated prior to the sale,
reasonable attorney's fees will be charged that are actually
incurred by Plaintiff.
8. No judgment has been entered upon said Mortgage in any
jurisdiction.
9. Notice of intention to foreclose and accelerate the
loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not
required in that the original principal balance exceeds
$50,000.00.
10. Defendant is not a member of the Armed Forces of the
United States of America, nor engaged in any way which would
bring her within the Soldiers and Sailors Relief Art of 1940, as
amended.
11. The within Mortgage is insured by the Federal Housing
Administration under Title II of the National Housing Act and, as
such, is not subject to the provisions of Pennsylvania Act No. 91
of 1983.
, Plaintiff demands judgment in Mortgage
foreclosure "IN REM" for the aforementioned total amount due
together with interest at the rate of 10.500% ($19.19 per diem),
together with other charges and costs including escrow advances
incidental thereto to the date of Sheriff's Sale and for
foreclosure and sale of the property hin described.
PURCELL, K HALLER
By
Leon P. alley
Attorney for Plaintiff
I.D. #15700
1719 N. Front Street
Harrisburg, Pa. 17102
(717) 234-4178
yJ
0m u(flawe NOTE, 441-
1NAC14119ss-1 703
APPLICATION # 160259
LOAN 0 160259 /Y
JUNE 8 .1990 .I
136 S MSIDE DR., CARLISLE. PA 17013
lerotatr Addrnq
1. PARTIES
"Borrower" means each person signing at the end of this Note, and the person's successors and asigm. "Lender" means
80VRAN 1479I13rGE CORPORATION, 201 EAST CARY STREET, RIQ11,17H), VIRGINIA 23219-3736
and Its successors and usigns.
2. BORROWER'S PROMISE TO PAY; INTEREST
In return for a loan received from Lender. Borrower promises to pay the principal sum or
SEVENTY ONE THOUSAND, FIVE MRDRED EIGHIVW A1D NO /100
Dollars (U.S. f 71,518.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal,
from the due of disbursement or the loan proceeds by Lender, at the rue of TEN A)D ONE HALF
per cent ( 10,500 e,1) per year until the full amount or principal has been paid.
2. PROMISE. TO PAY SECURED
Borrower's promise to pay Is secured by a mortgage, cited of trust or similar security instrument that Is dated the some
date as this Note and called the "Security Instrument." That Security instrument protects the Lender from losses which might
result If Borrower defaults under this Note.
4. MANNER OF PAYMENT
(A) Time
Borrower shall make ¦ payment of principal and Interest to Lender on the first day of each month be`Inning on
AUGUST I , 19 911 . Any principal and Interest remaining on the first day of JULY ,
20 20 , will be due on that date, which is called the maturity date.
(B) Place
Payment shall be made at 201 EAST CARY STREET, RICHMOND, VIRGINIA 23219-3736
(C) Amount or at such other place at Lender may designate in writing.
Each
Each monthly payment of principal and Interest will be in the amount off 654.20 .This amount
will be part of a larger monthly payment required by the Security Instrument. that shall be applied to principal, interest and
other Items in the order described In the Security Instrument.
(O) Allooge to Ihts note for payment adjustments
if an allonge providing for payment adjustments Is executed by Borrower together with this Note, the covenants or
the allonge shall be Incorporated Into and shall amend and supplement the covenants of this Note as if the alionge were a
part of this Note. (Chcck applicable box)
® Adjutsbfe Rate Allonge Graduated Payment Allonge
Growing Equity Allergic Other
S. BORROWER'S RIGHT TO PREPAY
Borrower has the right to pay the debt evidenced by this Note, in whole or in put, without charge or penalty, on the
first day of any month.
6. BORROWER'S FAILURE TO PAY
(A) We Cbarge for Overdue rayments
If Lenda has not received the full monthly payment required by the Security Instrument, as described In Paragraph 4(C)
of this Note by the end of fifteen calendar days after the payment It due, Lender may collect a late charge In the amount of
Fam pa cent ( 4 9a) of the overdue amount of each payment.
(B) Default
If Borrower defaults by falling to pay in (till any monthly payment, then Lender may, except as limited by regulations
of the Secretary in the cue or payment defaults, require Immediate payment In full of the principal balance remaining due
and all accrued Interest. Lender maychoose not to exercise this option without waiving Its rights in the event of any subsequent
default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment
In full in the use of payment defaults. This Note does not authorise acceleration when not permitted by HUD regulations.
As used In this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee.
(C) Payment or costs and Expenses
If Lender has required Immediate payment In full, at described above, Lender may require Borrower to pay costs
and expenses Including reasonable and customary attorneys' fm for enforcing this Note. Such fees and costs shall bur interest
from the due of disbursement at the some rate as the principal of this Note.
hIr I of 2 111A Mra1w111hN Palo Non • 4/1e
®a •If ?wr, rw wa,,lall" 1411 ..31,1163 a W. "llil rnr
L-oiI? l '';1"
7. WAIVERS
Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor
"Presentment" means the right to require Lender to d:mand payment of amounts due. "Notice or dishonor" means the right
to require Lender to give notice to other persons that amounts due have not been paid.
t. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be
given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address
If Borrower has given Lender a notice of Barrowct's different address.
Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated
In Paragraph 4(B) or at a different address If Borrower Is given a notice or that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person sign this Note, each person Is fully and personally obligated to keep all or 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 oblip!ed to keep all of the promises made in this Note. Lender may enforce its rights
under this Note against each person individually or against all signatories together. Any one person signing this Note may
be required to pay all of the amounts under this Note.
J BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained In this Note. -
/ A/ wiSr '/??t?? ? " - - (Seal)
-(Seal)
•ao"o`er
_ (Seal)
-borrower
_ (Seal)
'banower
rBI3L
:AV
MOU"O"03 30Mlb011 M11ARM 3SM
IM 121emlrf 10 b1oeo 3Jiu oI and
IVre y of J
w,wwewwLnwL
LECL17
ALL THAT CERTAIN tract of land, with improvements thereon found, situate
in Middlesex Township, Cumberland County, Pennsylvania, being more particularly
bounded and described as follows, to wits
BEGINNING at a point on the northern aide of Sunnyslda Drive (Legislative
Route 21012) at a point between lands now or formerly of Sandra E. Barrick and
lands now or formerly of Edward Hartman; thence along lands now or formerly of
Hartman, North 20 degrees 58 minutes 04 seconds Neat, a distance of 127.60 fast
to a stone pile; thence along lands now or formerly of Donald E. Slake, South
81 degrees 25 minutes 51 seconds East, a distance of 711.97 feet; thence along
said lands now or formerly of Slake, North 86 degrees 12 minutes 13 seconds
East, a distance of 87.61 feat to a point; thence along the same, North 86
degrees 12 minutes 17 seconds East, a distance of 510.12 feet to a point being
¦ 24 inch oak; thence along lands now or formerly of Leonard L. McLaughlin,
South 36 degrees 24 minutes 12 seconds fleet, a distance of 459.76 feet to a
point in the middle of the mentioned Sunnyaide Drivel thence North 23 degrees
70 minutes West, a distance of 24.94 feet to an iron pin on the northern side
of the Sunnyaida Drive right-ofway; thence along said Sunnyaide Drive having a
radius of 1,528.92 feat and a length of 400.59 feat to an iron pin; thence
along said Sunnyaide Drive, North 69 degrees 17 minutes 03 seconds West, a
distance of 146.55 feet to a point being the place of BEGINNING.
The above description Is in accordance with the survey prepared by John R.
Boxier, III dated September 201 1988, which survey is recorded in the
Cumberland County Recorder of Deeds Office.
BEING THE SAME PREMISES which Robert D. Pettigrew and Mary L. Pettigrew,
husband and wife, by dead dated , 1990, and about to be recorded
immediately prior hereto in the Office o t a Recorder of Deeds In and for
Cumberland County, Pennsylvania, granted and conveyed unto Robert C.
Drabenstadt, Jr., the within Mortgagor.
HOIIDIT "AI'
state of Panno?1
County of r,.
ficaOfnm r•r "?'
N'iTl. ... .. ? •t.
ctltl.l a...,.
LOOK 9b(1 TALE 559
VERIFICATION
I, Leon P. Haller, Esquire, hereby swear and affirm that the
facts contained in the foregoing COMPLAINT for Mortgage Foreclosure
are true and correct to the best of my knowledge, information, and
belief based upon information provided by Plaintiff, MIDFIRST BANK
and that said facts contained herein are made subject to the
penalties of 18 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities.
Date: October 19, 1999
Leon P. Haller, Esquire
MIDFIRST BANK,
Plaintiff
VS.
ROBERT C. DRABENSTADT, JR.,
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1999 - 6423
IN MORTGAGE FORECLOSURE
Please Vacate the Judgment entered against the Defendant in
the above captioned matter, because the mortgage has been reinstated
and the default cured.
PURCELL, KRUG & HALLER
By
Leon P. Hall ID No. 1
Attorney f Plaintiff
1719 Nor Front Street
Harris rg, PA 17102
(717) '234-4178
DATE: .7une 18. 2002
??? N .? J
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-06423 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MIDFIRST BANK
VS.
DRABENSTADT ROBERT C JR
SHAWN HARRISON , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT - MORT FORE was served
upon DRABENSTADT ROBERT C JR the
defendant, at 9:50 HOURS, on the 28th day of October ,
1999 at 136 SUNNYSIDE DRIVE
CARLISLE, PA 17013 CUMBERLAND ,
County, Pennsylvania, by handing to CHRIS DRABENSTADT
a true and attested copy of the COMPLAINT - MORT FORE ,
together with NOTICE ,
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So answers
Dockgting 18.00
Service 4.96
Affidavit .00 co
Surcharge 8.00 KTSPiB, "'555--
$3U-96 'PU C U1b9KRUG HALLER
by
Pur-
Sworn and subscribed to before me
this q!--e day of liQ?cc..?c•-
19 95 A.D.
?a
MIDFIRST BANK,
PLAINTIFF
VS.
ROBERT C. DRABENSTADT, JR.,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 1999 6423
IN MORTGAGE FORECLOSURE
P R A E C I P E
TO THE PROTHONOTARY OF THE WITHIN COUNTY:
Please enter JUDGMENT "in rem" in favor of the Plaintiff and
against Defendant ROBERT C. DRABENSTADT, JR. for failure to plead
to the above action within twenty (20) days from date of service of
the Complaint, and assess Plaintiff's damages as follows:
Unpaid principal balance $66,729.19
Interest $ 4,701.55
(Per diem of $19.19
from 3/1/99 to 11/1/99)
Accumulated late charges $ 212.80
Late charges $ 243.20
($30.40 per month to 11/99)
Escrow Credit $ 757.13
5% Attorney's Commission $ 3,336.46
TOTAL $74,466.07**
** Together with additional interest at the per diem rate indicated
above from the date herein, based on the contract rate, and other
charges and costs to the date of Sheriff's Sale.
PURCELL, KRUG &
By
Leon P. Haller PA I.D. #15700
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
I ••NOIAEV.IR{IDDCS'CUNBERA'DRABEN P
MIDFIRST BANK, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
ROBERT C. DRABENSTADT, JR., NO. 1999 6423
DEFENDANT IN MORTGAGE FORECLOSURE
CERTIFICATE OF SERVICE
PURSUANT TO PA. R.C.P. 237.1
I hereby certify that on NOVEMBER 30, 1999 I served the Ten
Day Notice required by Pa. R.C.P. 237.1 on the Defendant(s) in this
matter by regular first class mail, postage prepaid, as indicated
on the attached Notice.
By
Leon P. Haller PA I.D. #15700
Attorney for Plaintiff
Purcell, Krug & Haller
1719 North Front St.
Harrisburg, PA 17102
MIDFIRST BANK
Plaintiff
VS.
ROBERT C. DRABENSTADT, JR.
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1999-6423
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
DATE OF THIS NOTICE: November 30, 1999
TO: ROBERT C. DRABENSTADT, JR.
136 SUNNYSIDE DRIVE
CARLISLE, PA 17013
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING
TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION
OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF
COLLECTING THE DEBT.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE'OF THIS
NOTICE, A 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:
Lawyer Referral Service
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
717-240-6200
PURCELL, KRUG & LEE RR
By
Leon P. Haller
Attorney for Plaintiff
I.D. #15700
1719 N. Front Street
Harrisburg, Pa. 17102
(717) 234-4178
MIDFIRST BANK, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
ROBERT C. DRABENSTADT, JR., NO. 1999 6423
DEFENDANT IN MORTGAGE FORECLOSURE
NON-MILITARY AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF DAUPHIN
Personally appeared before me, a Notary Public in and for said
Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly
sworn according to law deposes and states that the Defendant(s)
above named are not in the Military or Naval Service nor are they
engaged in any way which would bring them within the Soldiers and
Sailors Relief Act of 1940, as amended.
Sworn to and subscribed :
before me th}?s /3 day :
of A.? ee-ewlC'z4- 19 9y
r
Not ry Pub is
IdARYU11JChK.F6
fIRFT1 Nntary:LonRP pc
W hTKf? ty
mission 62 "
s/,UGUST 82
LEON P. HALLER, ESQUIRE
Y?
t\vy)1?_
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW AT NO. 1999 6423
MIDFIRST BANK,
PLAINTIFF
VS.
ROBERT C. DRABENSTADT, JR.,
DEFENDANT
TOTAL AMOUNT /
OF JUDGMENT $74,466.07 ?
Interest at $19.19 per diem
to sale date $ 2,302.80
Late charges at $30.40 per month
to sale date $ 121.60
Escrow Deficit $_2j_000.00
TOTAL $78,890.47*
*SALE DATE: WEDS.,MARCH 1, 2000
(PROTHONOTARY'S USE)
Plaintiff
Attorney
Sheriff
This Writ
TO THE PROTHONOTARY/CLERK OF SAID COURT:
Issue Writ of Executio=X
ioned case.
Date: December 14, 1999 Attorney for Plaintiff . 1719 North Front Street Leon P. Haller
Harrisburg, PA 17102 PA I.D. #15700
(717) 234-4178
WRIT OF EXECUTION - MORTGAGE FORECLOSURE
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the judgment, interest and costs in the above
captioned case, you are directed to levy upon and sell the property
described in the attached description known as 136 SUNNYSIDE DRIVE,
CARLISLE, PA 17013.
Date:
PROTHONOTARY CLERK CIVIL DIVISION
BY
DEPUTY
I410EIN.a!'000S'CUMBERLA'0RABEN W
ALL THAT CERTAIN tract of land, with Improvements thereon found, situate
In Middlesex Township, Cumberland County. Pennsylvania, being more particularly
bounded and described as follows, to wit:
BEGINNING at a point on the northern side of Sunnyeide Drive (Legislative
Route 21012) at a point between lands now or formerly of Sandra E. Barrack and
lands now or formerly of Edward Hartman; thence slops lands now or formerly of
Hartman, North 20 degrees 58 minutes 04 seconds West, a distance of 127.60 fast
to a stone pile; thence along lands now or formerly of Donald E. Sllke, South
81 degrees 25 minutes 51 seconds East, ¦ distance of 311.97 fact; thence along
said lands now or formerly of Slike, North 86 degrees 12 minutes 13 seconds
East, a distance of 87.61 last to a point; thence along. the same, North 86
degrees 12 minutes 13 seconds East, a distance of 510.12 feat to a point being
a 24 inch oak; thence along lands now or formerly of Leonard L. McLaughlin,
South 36 degrees 24 minutes 12 seconds West, a distance of 459.76 feet to a
point in the middle of the mentioned Sunnyeide Drive; thence North 23 degrees
30 minutes West, a distance of 24.94 feat to an Iron pin on the northern side
of the Bunn
diu s raids Drive right-of-way; thence along said Sunnyeide Drive having a
ra of 1,526.92 feat and a length of 400.59 feat to an iron pin; thence
along sold Sunnyeide Drive, North 69 degrees 17 minutes 03 seconds West, a
distance of 146.55 fast to a point being the place of BEGINNING.
The above description 1e In accordance with the survey prepared by John K.
Boiler, III dated September 20, 1988, which survey is recorded In the
Cumberland County Recorder of Deeds Office.
HAVING ERECTED THEREON A DWELLING KNOWN AS 136 SUNNYSIDE DRIVE,
CARLISLE, PA. 17013.
BEING THE SAME PREMISES WHICH Robert D. Pettigrew and Mary L.
Pettigrew, his wife, by deed dated June 8, 1990 and recorded in
Cumberland County Deed Book P-34, Page 674 granted and conveyed
unto Robert C. Drabenetadt, Jr.
TO BE SOLD AS THE PROPERTY OF ROBERT C. DRABENSTADT, JR. ON
CUMBERLAND COUNTY JUDGMENT NO. 1999 6423.
ASSESSMENT: 21-04-0371-027
r
?_•' IN.
it. 0 U4 L)
r
MIDFIRST BANK, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
ROBERT C. DRABENSTADT, JR., NO. 1999 6423
DEFENDANT IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
TAKE NOTICE:
That the Sheriff's Sale of Real Property (real estate) will be
held:
DATE: WEDNESDAY, MARCH 1, 2000
TIME: 10:00 O'clock A.M.
LOCATION: Commissioner's Hearing Room
2nd Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal
description mainly consisting of a statement of the measured
boundaries of the property, together with a brief mention of the
buildings and any other major improvements erected on the land.
(SEE DESCRIPTION ATTACHED)
THE LOCATION of your property to be sold is:
136 SUNNYSIDE DRIVE
CARLISLE
CUMBERLAND COUNTY, PENNSYLVANIA
THE JUDGMENT under or pursuant to which your property is being
sold is docketed in the within Commonwealth and County to:
NO. 1999 6423
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property
is:
ROBERT C. DRABENSTADT, JR.
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 mortgagee
and municipalities that are owed taxes) will be filed by the
Sheriff of this County thirty (30) days after the sale and
distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing
exceptions to it within ten (10) days of the date it is filed.
Information about the Schedule of Distribution may be obtained
from the Sheriff of the Court of Common Pleas of the within County
at the Courthouse address specified herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO
PAY THE JUDGMENT.
You may have legal rights to prevent your property from being
taken away. A lawyer can advise you more specifically of these
rights. If you wish to exercise your rights, YOU MUST ACT
PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Phone (717) 249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
the within County to open the judgment if you have a meritorious
defense against the person or company that has entered judgment
against you. You may also file an petition with the same Court if
you are aware of a legal defect in the obligation or the procedure
used against you.
2. After the Sheriff's Sale you may file a petition with the
Court of Common Pleas of the within County to set aside the sale
for a grossly inadequate price or for other proper cause. This
petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
3. A petition or petitions raising the legal issues or rights
mentioned in the preceding paragraphs must be presented to the
Court of Common Pleas of the within County. The petition must be
served on the attorney for the creditor or on the creditor before
presentation to the court and a proposed order or rule must be
attached to the petition.
If a specific return date is desired, such date must be
obtained from the Court Administrator's Office - Civil Division, of
the within County Courthouse, before a presentation of the petition
to the Court.
A copy of the Writ of Execution is attached hereto.
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
ALL THAT CERTAIN tract of land, with improvements thereon found, situate
in Middlesex Township, Cumberland County, Pennsylvania, being more particularly
bounded and described as follows, to wits
BEGINNING at a point on the northern side of Sunnysida Drive (Legislative
Route 21012) at a point between lands now or formerly of Sandra E. Barrack and
lands now or formerly of Edward Hartman; thence along lands now or formerly of
Hartman. North 20 degrees 58 minutes 04 seconds West, a distance of 127.60 feet
to a stone pile; thence along lands now or formerly of Donald E. Slike, South
81 degrees 25 minutes 51 seconds East, a distance of 311.97 feet; thence along
said lands now or formerly of Slike, North 86 degrees 12 minutes 13 seconds
East, a distance of 87.61 feet to a point; thence along: the mama, North 86
degrees L2 minutes 13 macoods East, a distance of 510.12 feat to a point being
a 24 inch oak; thence along lands now or formerly of Leonard L. McLaughlin,
South 36 degrees 24 minutes L2 seconds West, a distance of 459.76 feat to a
point an the middle of the mentioned Sunnyside Drive; thence North 23 degrees
30 minutes West, a distance of 24.94 feat to an iron pin on the northern side
of the Sunnysida Drive right-of-way; thence along said Sunnysida Drive having a
radius of 1,528.92 feet and a length of 400.59 feet to an iron pin; thence
along said Sunnysida Drive, North 69 degrees 17 minutes 03 seconds West, a
distance of 146.55 feat to a point being the place of BEGINNING.
The above description is in accordance with the survey prepared by John K.
Bowler, III dated September 20, 1988, which survey is recorded in the
Cumberland County Recorder of Deeds Office.
HAVING ERECTED THEREON A DWELLING KNOWN AS 136 SUNNYSIDE DRIVE,
CARLISLE, PA. 17013.
BEING THE SAME PREMISES WHICH Robert D. F
Pettigrew, his wife, by decd dated June 8,
Cumberland County Deed Book P-34, Page 674
unto Robert C. Drabenstadt, Jr.
TO BE SOLD AS THE PROPERTY OF ROBERT C.
CUMBERLAND COUNTY JUDGMENT NO. 1999 6423.
'ettigrew and Mary L.
1990 and recorded in
granted and conveyed
DRABENSTADT, JR. ON
ASSESSMENT: 21-04-0371-027
tj ,< • t;,
G Ol
1
MIDFIRST BANK, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
ROBERT C. DRABENSTADT, JR., NO. 1999 6423
DEFENDANT IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1
The Plaintiff in the above action, by its attorneys, Purcell,
Krug & Haller, sets forth as of the date the praecipe for the writ
of execution was filed, the following information concerning the
real property located at 136 SUNNYSIDE DRIVE, CARLISLE, PA:
1. Name and address of the Owner(s) or Reputed Owner(s):
Robert C. Drabenstadt, Jr.
136 Sunnyside Drive
Carlisle, PA 17013
2. Name and address of Defendant(s) in the Judgment, if
different from that listed in (1) above:
SAME
3. Name and address of every judgment creditor whose judgment
appears of record on the real property to be sold:
4. Name and address of last recorded holder of every mortgage
of record:
PLAINTIFF HEREIN
(AND ANY OTHERS AS NOTED BELOW):
Advanta Finance Corp.
4813 Jonestown Road
Harrisburg, PA 17112
5. Name and address of every other person who has any record
lien on the property:
UNKNOWN
6. Name and address of every other person who has any record
interest in the property and whose interest may be affected by the
sale:
I W0MEWKPD0CS'LUM8ERLA0RA8EN PTF
UNKNOWN
7. Name and address of every other person of whom the
Plaintiff has knowledge who has any interest in the property which
may be affected by the sale:
TENANTS IF ANY ...
Chris Drabenstadt
136 Sunnyside Drive
Carlisle, PA 17013
DOMESTIC RELATIONS OFFICE
CUMBERLAND COUNTY COURTHOUSE
HIGH AND HANOVER STREETS
CARLISLE PA 17013
(In the preceding information, where addresses could not be
reasonably ascertained, the same is indicated.)
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge, information and
belief. I understand that false statements herein are made subject
to the penalties of 18 PA C.S. Section 4904 relating t unsworn
falsification to authorities.
on P. Haller PA I.D. #15700
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102 :s
(717) 234-4178
DATE: December 14, 1999
?'. YI
.. ., I
Midfirst Bank
.vs.
Robert C.Drabenstadt, Jr.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ
is returned STAYED.
Sheriffs Costs;
Docketing
Poundage
Posting Bills
Advertising
Law Library
County
Mileage
Certified Mail
Levy
Postpone Sale
Surcharge
Share of Bills
Law Journal
Patriot News
03-02.00
So ans%
-owe
Swom and subscribed to before me
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No.99-6423 Civil
30.00
16.26
15.00
15.00
.50
1.00
4.96
1.95
15.00
20.00
16.00
25.08
400.25
288.30
S 849.30 Pd By Atty
This d -v "P day of 71 to ,z4--1
1999, A.D.?J"gL? 6. 7YccCQc?
Prothonotary
R. Thomas Kline, Sheriff
19-1 JA&
BY
ntu 4t
Real Estate Deputy
I,JU Cje-.A 74y(-
14
MIDFIRST BANK, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
ROBERT C. DRABENSTADT, JR., NO. 1999 6423
DEFENDANT IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO P.R.C.P 3129.1
The Plaintiff in the above action, by its attorneys, Purcell,
Krug & Haller, sets forth as of the date the praecipe for the writ
of execution was filed, the following information concerning the
real property located at 136 SUNNYSIDE DRIVE, CARLISLE, PA:
1. Name and address of the owner(s) or Reputed Owner(s):
Robert C. Drabenstadt, Jr.
136 Sunnyside Drive
Carlisle, PA 17013
2. Name and address of Defendant(s) in the Judgment, if
different from that listed in (1) above:
SAME
3. Name and address of every judgment creditor whose judgment
appears of record on the real property to be sold:
4. Name and address of last recorded holder of every mortgage
of record:
PLAINTIFF HEREIN
(AND ANY OTHERS AS NOTED BELOW):
Advanta Finance Corp.
4813 Jonestown Road
Harrisburg, PA 17112
5. Name and address of every other person who has any record
lien on the property:
UNKNOWN
6. Name and address of every other person who has any record
interest in the property and whose interest may be affected by the
sale:
I.WOME'MKrDOCS'CUMBERIA4DRABEN PTF
1
UNKNOWN
7. Name and address of every other person of whom the
Plaintiff has knowledge who has any interest in the property which
may be affected by the sale:
TENANTS IF ANY ...
Chris Drabenstadt
136 Sunnyside Drive
Carlisle, PA 17013
DOMESTIC RELATIONS OFFICE
CUMBERLAND COUNTY COURTHOUSE
HIGH AND HANOVER STREETS -
CARLISLE PA 17013
(In the preceding information, where addresses could not be
reasonably ascertained, the same is indicated.)
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge, information and
belief. I understand that false statements herein are made subject
to the penalties of 18 PA C.S. Section 4904 relating t unsworn
falsification to authorities.
on P. Haller PA I.D. #15700
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
DATE: December 14, 1999
E
r
MIDFIRST BANK, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
ROBERT C. DRABENSTADT, JR., NO. 1999 6423
DEFENDANT IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
TAKE NOTICE:
That the Sheriff's Sale of Real Property (real estate) will be
held:
DATE: WEDNESDAY, MARCH 1, 2000
TIME: 10:00 O'clock A.M.
LOCATION: Commissioner's Hearing Room
2nd Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal
description mainly consisting of a statement of the measured
boundaries of the property, together with a brief mention of the
buildings and any other major improvements erected on the land.
(SEE DESCRIPTION ATTACHED)
THE LOCATION of your property to be sold is:
136 SUNNYSIDE DRIVE
CARLISLE
CUMBERLAND COUNTY, PENNSYLVANIA
THE JUDGMENT under or pursuant to which your property is being
sold is docketed in the within Commonwealth and County to:
NO. 1999 6423
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property
is:
ROBERT C. DRABENSTADT, JR.
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 of this County thirty (30) days after the sale and
distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing
exceptions to it within ten (10) days of the date it is filed.
Information about the Schedule of Distribution may be obtained
from the Sheriff of the Court of Common Pleas of the within County
at the Courthouse address specified herein.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO
PAY THE JUDGMENT.
You may have legal rights to prevent your property from being
taken away. A lzwyer can advise you more specifically of these
rights. If you wish to exercise your rights, YOU MUST ACT
PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Phone (717) 299-3166
^n'
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of .a `
the within County to open the judgment if you have a meritorious
defense against the person or company that has entered judgment.,
against you. You may also file an petition with the same Court if
you are aware of a legal defect in the obligation or the procedure
used against you.
e fl'
2. After the Sheriff's Sale you may file a petition with the
Court of Common Pleas of the within County to set aside the said
for a grossly inadequate price or for other proper cause. This
petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.'
`?r
9-
3. A petition or petitions raising the legal issues or rights
mentioned in the preceding paragraphs must be presented to the
Court of Common Pleas of the within County. The petition must be
served on the attorney for the creditor or on the creditor before
presentation to the court and a proposed order or rule must be
attached to the petition.
If a specific return date is desired, such date must be
obtained from the Court Administrator's Office - Civil Division, of
the within County Courthouse, before a presentation of the petition
to the Court.
A copy of the Writ of Execution is attached hereto.
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
r
ALL THAT CERTAIN tract of land, with improvements thereon found, situate
in Hiddlemex Township, Cumberland County, Pennsylvania, being more particularly
bounded and described as follows, to wits
BEGINNING at a point on the northern side of Sunnysida Drive (Legislative
Route 21012) at a point between lands now or formerly of Sandra E. Barrack and
lands now or formerly of Edward Hartman; thence along lands now or formerly of
Hartman, North 20 degrees 58 minutes 04 seconds West, a distance of 127.60 feat
to a stone Pilo; thence along lands now or formerly of Donald E. Slake, South
81 degrees 25 minutes 51 seconds East, a distance of 311.97 feet= thence along
said lands now or formerly of Slike. North 86 degrees 12 minutes 13 seconds
Past, a distance of 87.61 feet to a point; thence along_ the same, North 86
degrees 12 minutes 13 seconds East, a distance of 510.12 feet to a point being
a 24 inch oak; thence along lands now or formerly of Leonard L. HcLaughlio,
South 36 degrees 24 minutes 12 seconds West, a distance of 459.76 feat to ¦
point an the middle of the mentioned Sunnyside Drive; thence North 23 degrees
30 minutes West, ¦ distance of 24.94 feet to an iron pin on the northern side
of the Sunnysida Drive right-ofway; thence along said Sunnysida Drive having a
radius of 1,528.92 feet and a length of 400.59 feet to an iron pin; thence
along said Sunnyside Drive, North 69 degrees 17 minutes 03 seconds West, a
distance of 146.55 feet to a point being the place of BEGINNING.
The above description is in accordance with the survey prepared by John R.
Boxler, III dated September 20, 1988, which survey is recorded in the
Cumberland County Recorder of Deeds Office.
HAVING ERECTED THEREON A DWELLING KNOWN AS 136 SUNNYSIDE DRIVE,
CARLISLE, PA. 17013.
BEING THE SA}!--- PREMISES WHICH Robert D. Pettigrew and Mary L.
Pettigrew, his wife, by deed dated June 8, 1990 and recorded in
Cumberland County Deed Book P-34, Page 674 granted and conveyed
unto Robert C. Drabenstadt, Jr.
TO BE SOLD AS THE PROPERTY OF ROBERT C. DRABENSTADT, JR. ON
CUMBERLAND COUNTY JUDGMENT NO. 1999 6423.
ASSESSMENT: 21-04-0371-027
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 99-6423 CIVIL fg Term
CIVIL ACTION • LAW
TO THE SHERIFF OF Cumberland COUNTY:
To satisfy the debt, interest and costs due Midfirst Lank
PLAINTIFF(S)
from Robert C. Drabenstadt, Jr.
DEFENDANT(S)
(1) You are directed to levy upon the properly of the defendant(s) and to sell See legal description
(2) You are also directed to attach the properly 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 properly of the defendant(s) or otherwise disposing
thereof;
(3) Ifproperlyofthedefendant(s)notlevieduponansubjecltoattachment isfoundinthepossesslonofanyoneother
than a named garnishee, you are directed to notify himther that he/she has been added as agarnishee and is enjoined as above
stated.
Amount Due $74,466.07 _ L.L. _ '$.50
Interest at $19.19 per diem to sale Due Prolhy $1.00
-
date $2,30a-.80
Ally's Comm % Other Costs rate nharaea at 530.40 per month
Any Paid -;tn?.q6 to sale date $121.60 Escrow Deficit $2,000.
Plaintiff Paid
Date: _t)pr-. t-r 15. 1999 Curtis R. Long
Prothonotary, Civil Division
-hy.-4a I0' •
Deputy
REQUESTING PARTY:
Name Leon P. Haller, Esq.
Address: 1719 North Front Street
Harrisburg, PA 17102
Attorney for: Plaintiff
Telephone: 717-234-4178
Supreme Court ID No. 15700 _
REAL ESTATE SALE No.3L-
On tQc?.•»??- it, I I" I the sheriff levied upon the defendants
interest in the real property situated in -m-2 //,_._ , L;:..?_
Cumberland County, Pa„ known and numbered as: 134' ?-
are?-- and more f uily dascri:;::J un Exhibit "A" filed with
this writ and by this reference incorporated horein.
Date: 4ss By:?
6 , A" to p? 4133U
d
rC?
MIDFIRST BANK, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
ROBERT C. DRABENSTADT, JR., NO. 1999 6423
DEFENDANT IN MORTGAGE FORECLOSURE
RETURN OF SERVICE
I hereby certify that I have deposited in the U.S. Mails at
Harrisburg, Pennsylvania on H9 a true and correct
copy of the Notice of Sale of Real Estate pursuant to PA R.C.P.
3129.1 to the Defendants herein and all lienholders of record by
regular first class mail (Certificate of Mailing form in compliance
with U.S. Postal Form 3817 is attached hereto as evidence), and
also to the Defendants by Certified Mail, which mailing receipts
are attached. Service addresses are as follows:
Robert C. Drabenstadt, Jr.
136 Sunnyside Drive
Carlisle, PA 17013
Advanta Finance Corp.
4813 Jonestown Road
Harrisburg, PA 17112
Chris Drabenstadt
136 Sunnyside Drive
Carlisle, PA 17013
DOMESTIC RELATIONS OFFICE
CUMBERLAND COUNTY COURTHO
HIGH AND HANOVER STREETS
CARLISLE PA 17013
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
LAW OFFICES
PURCELL, KRUG AND HALLER
1719 NORTH FRONT STREI:'F
IIARRISBURG, PENNSYLVANIA 17102.2392
JOAN W. PURC11.1. TELEPHONE (717) 2344178
HOWARD 11. KRUG FORECLOSURE DEPT. FAX (717) 234-1206
IXON 1'. IIAI. AA
J011N W. 11I1RE'P.I.I. 1R.
BRIAN J. WHIR
111.1, N. WINISKA
(717) 533-3&M
NOTICE TO:
Robert C. Drabenstadt, Jr.
136 Sunnyside Drive
Carlisle, PA 17013
Advanta Finance Corp.
4513 Jonestown Road
Harrisburg, PA 17112
Chris Drabenstadt
136 Sunnyside Drive
Carlisle, PA 17013
DOMESTIC RELATIONS OFFICE
CUMBERLAND COUNTY COURTHOUSE
HIGH AND HANOVER STREETS
CARLISLE PA 17013
JOSEPH NISSLEY (DI04M)
ANTHONY WANTO
OF COUNSEL
HERSHEY
IM GOVERNOR ROAD
NOTICE IS HEREBY GIVEN to the Defendants in the within action and
those parties who hold one or more mortgages, judgments or tax liens
against the real estate which is the subject of the Notice of Sale
pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached
hereto.
YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution
issued out of the Court of Common Pleas of the within county on the
judgment of the Plaintiff named herein the said real estate will be
exposed to public sale as set forth on the attached Notice of Sale.
YOU ARE FURTHER NOTIFIED that the lien
real estate will be divested by the sale
opportunity to protect your interest, if
said Sheriff's Sale.
By`s?
Leon P. 1
Attorney
you hold against the said
and that yo ave an
any, b n notified of
!all r PA I.D.15700
for Plaintiff
MIDFIRST BANK, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
ROBERT C. DRABENSTADT, JR., NO. 1999 6423
DEFENDANT IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
TAKE NOTICE:
That the Sheriff's Sale of Real Property (real estate) will be
held:
DATE: WEDNESDAY, MARCH 1, 2000
TIME: 10:00 O'clock A.M.
LOCATION: Commissioner's Hearing Room
2nd Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal
description mainly consisting of a statement of the measured
boundaries of the property, together with a brief mention of the
buildings and any other major improvements erected on the land.
(SEE DESCRIPTION ATTACHED)
THE LOCATION of your property to be sold is:
136 SUNNYSIDE DRIVE
CARLISLE
CUMBERLAND COUNTY, PENNSYLVANIA
THE JUDGMENT under or pursuant to which your property is being
sold is docketed in the within Commonwealth and County to:
NO. 1999 6423
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property
is:
ROBERT C. DRABENSTADT, JR.
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 of this County thirty (30) days after the sale and
distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing
exceptions to it within ten (10) days of the date it is filed.
Information about the Schedule of Distribution may be obtained
from the Sheriff of the Court of Common Pleas of the within County
at the Courthouse address specified herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO
PAY THE JUDGMENT.
You may have legal rights to prevent your property from being
taken away. A lawyer can advise you more specifically of these
rights. If you wish to exercise your rights, YOU MUST ACT
PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICEs
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Phone (717) 299-3166
THE LEGAL RIGHTS YOU MAY HAVE AREs
1. You may file a petition with the Court of Common Pleas of
the within County to open the judgment if you have a meritorious
defense against the person or company that has entered judgment
against you. You may also file an petition with the same Court if
you are aware of a legal defect in the obligation or the procedure
used against you.
2. After the Sheriff's Sale you may file a petition with the
Court of Common Pleas of the within County to set aside the sale
for a grossly inadequate price or for other proper cause. This
petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
3. A petition or petitions raising the legal issues or rights
mentioned in the preceding paragraphs must be presented to the
Court of Common Pleas of the within County. The petition must be
served on the attorney for the creditor or on the creditor before
presentation to the court and a proposed order or rule must be
attached to the petition.
If a specific return date is desired, such date must be
obtained from the Court Administrator's Office - Civil Division, of
the within County Courthouse, before a presentation of the petition
to the Court.
A copy of the Writ of Execution is attached hereto.
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
ALL THAT CERTAIN tract of land, with improvements thereon found, situate
in Middlesex Township, Cumberland County, Pennsylvania, being more particularly
bounded and described as follows, to wits
BEGINNING at a point on the northern side of Sunnyside Drive (Legislative
Route 21012) at a point between lands now or formerly of Sandra E. Derrick and
lands now or formerly of Edward Hartman; thence along lands now or formerly of
Hartman, North 20 degrees 58 minutes 04 seconds West, a distance of 127.60 feet
to a stone pile; thence along lands now or formerly of Donald E. Slike, South
81 degrees 25 minutes 51 seconds East, a distance of 311.97 feet; thence along
said lands now or formerly of Slike, North 86 degrees 12 minutes 13 seconds
East, a distance of 87.61 feet to a point; thence along. the same, North 86
degrees 12 minutes 13 seconds East, a distance of 510.12 feet to a point being
a 24 inch oak; thence along lands now or formerly of Leonard L. McLaughlin,
South 36 degrees 24 minutes 12 seconds West, a distance of 459.76 feat to a
point in the middle of the mentioned Sunnyside Drive; thence North 23 degrees
30 minutes West, a distance of 24.94 feat to an iron pin on the northern side
of the Sunnysida Drive right-of-way; thence along said Sunnyside Drive having a
radius of 1,528.92 feet and a length of 400.59 feet to an iron pin; thence
along said Sunnysida Drive, North 69 degrees 17 minutes 03 seconds West, a
distance of 146.55 feat to a point being the place of BEGINNING.
The above description is in accordance with the survey prepared by John K.
Boxier, III dated September 20, 1988, which survey is recorded in the
Cumberland County Recorder of Deeds Office.
HAVING ERECTED THEREON A DWELLING KNOWN AS 136 SUNNYSIDE DRIVE,
CARLISLE, PA. 17013.
BEING THE SAME PREMISES WHICH Robert D. Pettigrew and Mary L.
Pettigrew, his wife, by deed dated June 8, 1990 and recorded in
Cumberland County Deed Book P-34, Page 674 granted and conveyed
unto Robert C. Drabenstadt, Jr.
TO BE SOLD AS THE PROPERTY OF ROBERT C. DRABENSTADT, JR. ON
CUMBERLAND COUNTY JUDGMENT NO. 1999 6423.
ASSESSMENT: 21-04-0371-027
Re: Midfirst vs. Drabenstadt
Cumberland Sale 3/1/00
U. S. POSTAL SERVICE
CERTIFICATE OF MAILING
(In compliance with Postal Service Form 3877)
Received from:
Purcell, Krug & Haller Postage:
1719 North Front Street
Harrisburg, PA 17102
One piece of ordinary mail addressed to: Postmark:
Robert C. Drabenstadt, Jr.
136 Sunnyside Drive
Carlisle, PA 17013
U. S. POSTAL SERVICE
CERTIFICATE OF MAILING
(In compliance with Postal Service Form 3877)
Received from:
Purcell, Krug & Haller Postage:
1719 North Front Street
Harrisburg, PA 17102
One piece of ordinary mail addressed to:
Advanta Finance Corp.
4813 Jonestown Road
Harrisburg, PA 17112
Received from:
Purcell, Krug & Haller Postage:
1119 North Front Street
Harrisburg, PA 17102
One piece of ordinary mail addressed to:
Chris Drabenstadt
136 Sunnyside Drive
Carlisle, PA 17013
Postmark:
Postmark:
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Received from:
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
One piece of ordinary mail addressed to:
DOMESTIC RELATIONS OFFICE
CUMBERLAND COUNTY COURTHOUSE
HIGH AND HANOVER STREETS
CARLISLE PA 17013
Postage:
Postmark:
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