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HomeMy WebLinkAbout08-1597a Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 717.234.4178 mtg@pkh.com MIDFIRST BANK Vs. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA h 0. o ?/- Of 7 CIVIL ACTION - LAW MITZY M. PEARL AND KENNETH S. PEARL Defendants ACTION OF MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 MIDFIRST BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. MITZY M. PEARL AND KENNETH S. PEARL, Defendants CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE P10 , o??-l 5-9 7 c-&v) r fu-- THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff MIDFIRST BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. MITZY M. PEARL AND KENNETH S. PEARL, Defendants CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE N0, 6?'- l s 97 ?. +ef,' COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is MIDFIRST BANK, a corporation whose address is 999 N.W. GRAND BOULEVARD OKLAHOMA CITY, OK 73118. 2. Defendants, MITZY M. PEARL and KENNETH S. PEARL, are adult individuals whose last known address is 6311 BASEHORE ROAD MECHANICSBURG, PA 17050. 3. On or about, December 17, 1999, the said Defendants executed and delivered a Mortgage Note in the sum of $103,732.00 payable to NATIONAL CITY MORTGAGE CO. DB/A EASTERN MORTGAGE SERVICES, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1588, Page 167 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. and was recorded in the aforesaid County in Mortgage Book 699, Page 3027. The Mortgage was subsequently assigned to MIDFIRST BANK and was recorded in the aforesaid County in Mortgage Book 735, Page 3298. The said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on September 01, 2007 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $23.51 per day From 08/01/2007 To 04/01/2008 ( based on contract rate of 8.2500%) Accumulated Late Charges Late Charges $38.84 From 09/01/2007 to 04/01/2008 Escrow Deficit Attorney's Fee at 5% of Principal Balance TOTAL $104,012.25 $5,712.93 $801.92 $271.88 $439.87 $5,200.61 $116,439.46 "Together with interest at the per diem rate noted above after April 01, 2008 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of Intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. 12. Prior to the commencement of this foreclosure action, Plaintiff sent to Defendants written notice dated November 29, 2007, notifying them of the fact of default, amount needed to cure the delinquency and that if the account was not timely reinstated, a foreclosure action would be filed. A copy of the November 29, 2007 notice is attached hereto and marked Exhibit "C". WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.2500% ($23.51 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 within described. By: PU ELL, KRUG & ALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) D COPY Multistate NOTE 0009658317 FHA Case No. 441-6175209- 703 December 17, 1999 (Date] 6311 BASEHORE RD, HAWDEN, Pennsylvania 17055 [Property Address] 1. PARTIES "Borrower" means each person signing at the and of this Note, and the person's successors and assigns. "L.ender" means National City Mortgage Co dba Eastern Mortgage Services and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of ONE H=RED THREE THOUSAND SEVEN HUNDRED THIRTY TWO ti 00/100 Dollars (U.S. $ 103, 732.00 ), plus interest, to the order of Larder. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of zx(mT AND ONE-gvARTER percent ( 8.250 %) per year until the fall amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument" The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on February 1 , 2000 . Any principal and interest remaining on the first day of. January 2030 , willbe due on that date, which is called the "Maturity Date.' (B) Place Payment shallbe made at National City Mortgage Co., P.O. Box 856020, Louisville, KY 40285-6020 or at such place.as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 779.31 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for payment adjustments - If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] ? Graduated Payment Alkmge ? Growing Equity Allonge ? Other [specify] S. BORROWER'S RIGHT TO PREPAY Borrower has the tight to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Larder shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lauder agrees in writing to those changes. FHA Multistate Fixed Rate Note -10195 at -1R (9601) VMP MORTGAGE FORMS -1300)321.7291 Papa I of 2 In31al 1111111111111 C-?,k A 'b (- ? " 0 '( i 6: BORROWER'S FAILURE TO PAY (A) Late Chargie for Overdue Payments If Imder 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 is due, Lender may collect a late charge in the amount of a?our pmt( 4.00 %) of the overdue amount of each payment. (B) Default .If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the cue of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued rot 'iie. t. Lander may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Leader's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note. "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C).Payment•ot Costs and Expenses If .Lender hits required immediate payment in full. as described above, Lender may require Borrower to pay costs and expenses inUuding• ieasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and C'= shall bear interest from the date of disMrrsunent at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender b give notice to other persons that amounts due have not been paid. S. GIVING OF NOTICES Unless applicable law requires a different method, any notice that mast be given to Borrower under this Note will be given by dolivering•it or by madmg it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address Any notice thatimust be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4I(B) or I a different address if Borrower is given a notice of that different address. 9.OBLIGATIONS,OF PERSONS UNDER THIS NOTE If morelthan ortI person signs this Note, each person is fully and peasonally obligated to keep all of the promises made in this Note, inclh . g the promise to pay the fall amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated td do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser oft this Note; is also obligated-to keep all of the promises made in this Note. Lerida 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 aeiomts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. I t3 i ,/ / /,r:2?ww. / .X6z"'i (Seal) taTZY PXA$V -Bmmwcr -Borrower -(Seal) -Borrower -Borrower (Seal) { -B (Seal) -Borrower DEC 2 8 1999 B PAYTOTHEORDEROF (Seal) -Borrower WITHOUT RECOURSE NAMONAL CITY MORTGAGE CO. •1 R is sot) I Para 2 o12 ELTON BURRUS ASSIGNMENT SPECIALIST 1.. I - .. TRACT NO. 1: ALL THAT CERTAIN lot or piece of land situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated August 3, 1967, as follows: BEGINNING at the intersection of the center lines of Basehore Road and Salem Church Road; thence extending along the center line of Salem Church Road, South 5 degrees 31 minutes West, 170.92 feet to a corner of land now or late or Roy G. and Helen R. Shaull; thence along said land South 74 degrees 45 minutes West, 79 feet to a stake; thence continuing along said land now or late of the Shaulls, North 11 degrees 40 minutes West, 160.13 feet to a point in the center of Basehore Road aforesaid; thence along the center lire thereof North 74 degrees 45 minutes East, 129.61 feet to the point and Place of BEGINNING. SAVING thereon erected a one and one-half story brick and frame dwelling. XKMZ-N[? 2: ALL THAT CERTAIN piece or parcel of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the western dedicated right-of- way of Salem Church Road at the dividing line between Lots Nos. 8 and 7 as shown on the hereinafter mentioned plan of lots; thence along said dividing line between Lots Nos. 8 and 7, South 74 degrees 45 minutes Wesc, a distance of 33.31 feet to an iron pin at corner of other *!' r the Grantees herein; thence along said other lands or t.ie Grantees herein, North 5 degrees 10 minutes 30 seconds East, a distance of 131.75 feet to a railroad spike on the western dedicated right-of-way line of Salem Church Road first mentioned above; thence along said western dedicated right- of-way line of Salem Church Road on a curve to the left having'a radius of 1,378.14 feet, an arc distance of 123.97 feet to an iron pin on the same at the dividing line between Lots Nos. 8 and 7 as shown on the hereinafter mentioned plan of lots, the place of BEGINNI1VeG. BEING Lot No. 8 as shown on the certain plan of lots entitled "Preliminary-Final Subdivision Plan, Lyndale Industrial Park" as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 55, Page 139. 6?ch ibi' ? 116 (f Feb-28-08 08:22am From-MIDLAND MORTGAGE REFERRAL T-803 P-01/04 F-329 Midland Mortgage Co. 999 N.W. Grand Boulevard, Suite 110 jilr?e Oklahoma City, Oklahoma 73I18 8h-av (403)426.1300 F&w: (405)426-1739 TnWMY, Novewdw 29, ZWT COI. KENNETH S PEARL 6311 BASEHORE RD MECHANICSBURG RE: Lom # 50671669 Dear Mortgagor(s): PA 17050-2802 CERTIFIED MAIL: Midland Mortgage Co. is the holder of a Mortgage and a Note on the above premises, or is the mortgage servicing agent for such holder. As of the date of this notice, THR XORTGAGE IS IN DEFAMT STATUS because of nonpayment of the following: Payments, late charges, and advances from 9/1/2007 through 1128/2007 The total amount now required to cure the default, or in other words get caught up in your payments, is $3,789.88 All payments referred to in this notice must be in the form of cashiers or certified check made payable to Midland Mortgage Co, at the expedited payment processing address on your coupon book. In the event payment, as specified in the proceeding paragraph, is not made WITRIN TaIRTY (30) DAYS from the date of this letter, it is the intention of the holder of the mortgage, through this company, to accelerate (declare due and payable immediately the entire loan) the mortgage obligation and all other lawful charges and instruct our attorney to institute MORTGAGE FORECLOSURE PROCEEDING- Fab-28-08 08:22am From-MIDLAND MORTGAGE REFERRAL T-803 P.02/04 F-329 (a) If you wash to CURE THE DEFAULT within thirty (30) days from the date of this letter, you must pay the TOTAL ANOUNT DUE stated above, plus an additional monthly installment if payment is made after the let day of the next month, plus an additional late charge if due at time of payment and not included above. A DATE CAARtGE is due with each mortgage payment paid more than fifteen (15) days after the due date. Your current monthly installment is $971.09 . (b) If payment is made AFTER THIRTY (30) DAYS from the date of this letter, but BEFORE FORECLOSURE PROCEEDING has been started, the amount you will have to pay will also include the regular monthly installments and late charges then due, plus, if incurred, any ATTORNRY,s FEB OF NOT WORE THAN $5Q.00 and any title report costs, which amount can be obtained by contacting Midland Mortgage Co. at 1-800-552-3000. AFTER FORECLOSURE PROCREAING UAS BSRAT STARTED, you have the right to STOP the foreclosure action any time up to ONE (l) HOUR BEFORE the commencement of the SRSRIFF,S sAr4z by paying the entire amount due at the time, which shall include all delinquent installments and unpaid late charges, together with R94SONARL9 T.RGAT, FURS 7?CTQAT,T4Y INCURRED, cost and other sums related to the foreclosure action, which amount can be obtained by contacting Midland Mortgage Co. at 1-800-552-3000- Should you FAIT, to reinstate the loan as outlir+ed above, the mortgage premises will be SOLD AT SRRRIFF18 SALE, which will take place approximately seven (7) to eleven (11) weeks following SRRvlCB of the Complaint in Mortgage Foreclosure, at which time your 0WNUR33IP interest in mortgage premises will be TBRKINATBD, and thereafter, if occupied, proceedings will be taken to OBTAIN POSSESSION of the real estate. You have the right to RBFINSNCR TUE ?-a?? xi_????+?- _?_..3.:?... institution or TRANSFER TUB FROPERT7 7007 149Q =4 Q7Q3 6952 and subject to the existing mortga o? the SA1SS RIGUT TO CURB THE DEFAULT same limitation and requirements. $:D 2 You may CURB DEFAULTS up to three •. . year. upon cure of a default you w as if there had been NO AHFAALT. i$ ! !i ANYONE on your behalf. Please note that began servicing communication is collect a debt, that purpose. if the loan was in it, we are requir from a debt colle and any informatio Sincerely, Midland Mortgage Co. Collection Department 50671869 i s i Fab-28-08 08:22am From-MIDLAND MORTGAGE REFERRAL T-803 P.03/04 F-329 Midland Mortgage Co. 999 N.W. Grand Boulevard, Suite 110 Yzer Oklahoma City, Oklahoma 73118 PDOAc: (40S)426-1200 Fa, (405)42e.4739 Thursday. Nom W29. 2007 1 CERTIFIED MAIL.: COL M1TZY M PEARL. 6311 13ASEHORE RD MECHANICSBURG PA 17050-2502 NOTICR OF INTENTION TO FOABCLOSR AMID ACC =RATS LOAN $AT.A?[CS UNDER RSCTION 403 OF PRNNSYLVANIA ACT NO. 6 OF 1974 R>=: Loan 0 50671864 Dear Mortgagor(s)- Midland Mortgage Co. is the holder of a Mortgage and a Nate on the above premises, or is the mortgage servicing agent for such holder, As of the date of this notice, THE WORT(3AGR IS IN DEFAULT STATUS because of nonpayment of the following: Payments, late charges, and advances from 91112007 through 11128/2007 , The total amount now required to cure the default, or in other words get caught: up in your payments, is $3.78am . All payments referred to in this notice must be in the form of cashier's or certified check made payable to Midland Mortgage Co. at the expedited payment processing address on your coupon book. In the event payment, as specified in the proceeding paragraph, is not made WITHIN THIRTY (30) DAYS from the date of this letter, it is the intention of the holder of the mortgage, through this company, to accelerate (declare due and payable immediately the entire loan) the mortgage obligation and all other lawful charges and instruct our attorney to institute NORTGAGE FORTCLOSURS PROCEEDING. Feb-28-08 08:23am From-MIDLAND MORTGAGE REFERRAL T-803 P.04/04 F-329 (a) If you wish to C'M THE DEFAULT within thirty (30) days from the date of this letter, you must pay the TOTAL AMGUNT DUE stated above, plus an additional monthly installment if payment is made after the let day of the next month, plus an additional late charge if due at time of payment and not included above. A LATE CRARGE is due with each mortgage payment paid more than fifteen (15) days after the due date. Your current monthly installment is $971.09 (b) if payment is made AFTER THIRTY (30) DAYS from the date of this letter, but ERFORE FORECLOSURE P80CSNDXWG has been started, the amount you will have to pay will also include the regular monthly installments and late charges than due, plus, if incurred, any ATTORREY'S FIE OF NOT MORN THAN $50.00 and any title report costs, which amount can be obtained by contacting Midland Mortgage Co. at 1-800-552-3000. AFTER FORECLOSURR PROCEEDING HAS BEEN START$A, you have the right to STOP the foreclosure action any time up to OWN (a.) HOUR BEFORE the commoncemeat of the §H8V.IFF'6 8"S by p4ying the entire amount due at the time, which shall include all delinquent installments and unpaid late charges, together with RRASONARLR LEGAL FEES ACTUALLY INCURNBA, cost and other sums related to the foreclosure action, which amount can be obtained by contacting Midland Mortgage Co. at 1-800-552-3000. Should you FAIL. to reinstate the loan as outlined above, the mortgage premises will be SOLD AT SHRRiFF'S SRLR, which will take place approximately seven (7) to eleven t11) weeks following SERVICE of the Complaint in Mortgage Foreclosure, at which time your OWNRRSHIB interest in mortgage premises will be TRAVINATED, and thereafter, if occupied, proceedings will be taken to OBTAIN POSSESSZON of the real estate. You have the right to REFINANCE THS institution or TRANSFER THE PROPERTY and subject to the existing mortgag the SAME RIGHT To CURS TN8 DBPA17LT same limitation and requirements. You may CURE DEFAULTS up to three year. upon cure of a default you as if there had been NO DEFAULT. ANYONE on your behalf. Flease note that if the loan was in began servicing it. we are requzr, communication is from a debt eolle, collect a debt, and any informatio: that purpose. Sincerely, Midland Mortgage Co. Collection Departmenz 50671869 LOAN with another to ano_cher person 7007 1490 0n04 V_A IQ Q i I t i i i i i i . c lending under 0704 71x5 COMPANY NAME: MIDFIRST BANK VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated MAR 0 3 2008 By Title Vice President C NO r C:D ? n ?. p l n -33 E3 19 V SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-01597 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MIDFIRST BANK VS PEARL MITZY M ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT TENANT/OCCUPANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT TENANT/OCCUPANT 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 THERE WERE NO OTHER OCCUPANTS. Sheriff's Costs: So answers: Docketing 6.00 -- Service .00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00?/PURCELL KRUG HALLER 03/27/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01597 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIDFIRST BANK VS PEARL MITZY M ET AL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PEARL MITZY M the DEFENDANT at 2010:00 HOURS, on the 26th day of March , 2008 at 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 KENNETH S PEARL by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 ????? ?????? Service 8.80 Affidavit .00 , Surcharge 10.00 R. Thomas Kline .00 36.80 ?03/27/2008 PURCELL KRUG HALLER Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01597 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIDFIRST BANK VS PEARL MITZY M ET AL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PEARL KENNETH S the DEFENDANT at 2010:00 HOURS, on the 26th day of March 2008 at 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 KENNETH S PEARL by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00?03/27/2008 PURCELL KRUG HALLER Sworn and Subscibed before me this day Deputy Sheriff of A.D. MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA MITZY M. PEARL KENNETH S: PEARL, CIVIL. ACTION LAW NO. 2008-01597 MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) MITZY M. PEARL and KENNETH S. PEARL for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid Principal Balance Interest Per diem of $23.51 From 08/01/2007 To 04/01/2008 Accumulated Late Charges Late Charges ($38.84 per month to 04/01/2008) Escrow Deficit 5% Attorney's Commission TOTAL $104,012.25 $5,712.93 $801.92 $271.88 $439.87 $5,200.61 $116,439.46 "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 & HALLE ,, - By Leon P. Uaffe'r PA I.D. # 15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 VS. DEFENDANT(S) MIDFIRST BANK, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2008-01597 IN MORTGAGE FORECLOSURE Vs. MITZY M. PEARL KENNETH S. PEARL, DEFENDANT(S) CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on April 22, 2008 I served the Ten Day Notice required by Pa. R.C.P. on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. Leon P. Haller ,VK I.D. # 15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 MIDFIRST BANK, VS. Plaintiff MITZY M. PEARL AND KENNETH S. PEARL Defendants DATE OF THIS NOTICE: April 22, 2008 TO: MITZY M. PEARL 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 KENNETH S. PEARL MECHANICSBURG, PA 17050 1? 6311 BASEHORE ROAD IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-01597 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. 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICE TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 PURCELL, KRUG & HALLER By LEON P. HALLER, orney for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. MPTZY M. PEARL KENNETH S. PEARL, DEFENDANT CIVIL ACTION LAW NO. 2008-01597 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS 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 this j?day- of 20 O LEON P. HAL-fElk, ESQUIRE ;U MONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MARYLAND K. FERRETTI, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Aug. 8, 2010 a Q4 W ryl . y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2008-01597 MIDFIRST BANK, Total Judgment Amount $116,439.46 PLAINTIFF Interest $3,691.07 Per diem of $23.51 to sale vs. date 9/3/2008 Late Charges $194.20 MITZY M. PEARL $38.84 per month to sale KENNETH S. PEARL, date 9/3/2008 DEFENDANT(S) Escrow Deficit $2,163.42 TOTAL WRIT $122,488.15 *Plus additional interest, late charges and other costs to date of sheriffs sale. SALE DATE: Wednesday, September 03, 2008 (PROTHONOTARY'S USE) Pltf. Paid Deft. Paid Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. Date: May 6, 2008 Attorney for Plaintiff 1719 North Front Street Leon ller Harrisburg, PA 17102 PA I.D. #15700 (717) 2344178 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 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 Date: PRO ONOT CIVIL DIVISION BY DEPUTY Rc C'3 ?v 'r' z P 276 o 0 00 00 (31 Ul 00 0 O O p 8 0 0 ix z ?r -< 00 pp 0 j 0 1 1 O y ---*"4 TRACT NO. 1 ALL THAT CERTAIN lot or piece of land situate in the Township of Hampden, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated August 3, 1967, as follows: BEGINNING at the intersection of the center lines of Basehore Road and Salem Church Road; thence extending along the center line of Salem Church Road, South 5 degrees 31 minutes West, 170.92 feet to a corner of land now or late of Roy C. and Helen R. Shaull; thence along said land South 74 degrees 45 minutes West, 79 feet to a stake; thence continuing along said land nor or late of the Shaulls, North 11 degrees 40 minutes West, 160.13 feet to a point in the center of Basehore Road aforesaid; thence along the center line thereof North 74 degrees 45 minutes East, 129.61 feet to the point and place of BEGINNING. HAVING THEREON ERECTED a one and one-half story brick and frame dwelling known as 6311 Basehore Road, Mechanicsburg, PA 17050. TRACT NO. 2: ALL THAT CERTAIN piece or parcel of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the western dedicated right-of-way of Salem Church Road at the dividing line between Lots Nos. 8 and 7, as shown on the hereinafter mentioned plan of lots; thence along the said dividing line between Lots Nos. 8 and 7, South 74 degrees 45 minutes West, a distance of 33.31 feet to an iron pin at corner of other lands of the Grantees herein; thence along said other lands of the Grantees herein, North 5 degrees 10 minutes 30 seconds East, a distance of 131.75 feet to a railroad spike on the western dedicated right-of-way line of Salem Church Road first mentioned above; thence along said western dedicated right-of-way line of Salem Church Road on a curve to the left having a radius of 1,378.14 feet, an arc distance of 123.97 feet to an iron pin on t he same at the dividing line between Lots Nos. 8 and 7 as shown on the hereinafter mentioned plan of lots, the place of BEGINNING. BEING Lot No. 8 as shown on the certain plan of lots entitled "Preliminary-Final Subdivision Plan, Lyndale Industrial Park" as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 55, Page 139. BEING THE SAME PREMISES WHICH Ruth E. Keiser by deed dated 12/17/1999 and recorded 12/20/1999 in Cumberland County Deed Book 213, Page 539, granted and conveyed unto Kenneth S. Pearl and Mitzy M. Pearl. TO BE SOLD AS THE PROPERTY OF MTTZY M. PEARL AND KENNETH S. PEARL ON JUDGMENT NO. 2008-01597 MAP NO. 10-20-1838-035 CONTROL NO. 10-5772 I If " 1% MIDFIRST BANK, VS. MITZY M. PEARL KENNETH S. PEARL, PLAINTIFF DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2008-01597 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 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 6311 BASEHORE ROAD MECHANICSBURG, PA 17050: 1. Name and address of the Owner(s) or Reputed Owner(s): MITZY M. PEARL 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 KENNETH S. PEARL 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 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 is a record lien on the real property to be sold: UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Citifinancial, Inc. 6520 Carlisle Pike Suite 155 Mechanicsburg, PA 17055 Citifinancial, Inc. P.O. Box 17170 Baltimore, MD 21203 w 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: 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: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 (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 s o the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Leon P. Halle I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: May 6, 2008 n n 0 6 _ J .S t ' MIDFIRST BANK, VS. MITZY M. PEARL KENNETH S. PEARL, TAKE NOTICE: PLAINTIFF DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 200M 1597 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 That the Sheriff s Sale of Real Property (real estate) will be held: DATE: Wednesday, September 03, 2008 TIME: 10:00 O'clock A.M. LOCATION: 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: 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2008-01597 JUDGMENT AMOUNT $116,439.46 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: MITZY M. PEARL and KENNETH S. PEARL k 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. L 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 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: L 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 Sheriffs 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. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 TRACT NO. 1 ALL THAT CERTAIN lot or piece of land situate in the Township of Hampden, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated August 3, 1967, as follows: BEGINNING at the intersection of the center lines of Basehore Road and Salem Church Road; thence extending along the center line of Salem Church Road, South 5 degrees 31 minutes West, 170.92 feet to a corner of land now or late of Roy C. and Helen R. Shaull; thence along said land South 74 degrees 45 minutes West, 79 feet to a stake; thence continuing along said land nor or late of the Shaulls, North 11 degrees 40 minutes West, 160.13 feet to a point in the center of Basehore Road aforesaid; thence along the center line thereof North 74 degrees 45 minutes East, 129.61 feet to the point and place of BEGINNING. HAVING THEREON ERECTED a one and one-half story brick and frame dwelling known as 6311 Basehore Road, Mechanicsburg, PA 17050. TRACT NO. 2: ALL THAT CERTAIN piece or parcel of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the western dedicated right-of-way of Salem Church Road at the dividing line between Lots Nos. 8 and 7, as shown on the hereinafter mentioned plan of lots; thence along the said dividing line between Lots Nos. 8 and 7, South 74 degrees 45 minutes West, a distance of 33.31 feet to an iron pin at corner of other lands of the Grantees herein; thence along said other lands of the Grantees herein, North 5 degrees 10 minutes 30 seconds East, a distance of 131.75 feet to a railroad spike on the western dedicated right-of-way line of Salem Church Road first mentioned above; thence along said western dedicated right-of-way line of Salem Church Road on a curve to the left having a radius of 1,378.14 feet, an arc distance of 123.97 feet to an iron pin on t he same at the dividing line between Lots Nos. 8 and 7 as shown on the hereinafter mentioned plan of lots, the place of BEGINNING. BEING Lot No. 8 as shown on the certain plan of lots entitled "Preliminary-Final Subdivision Plan, Lyndale Industrial Park" as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 55, Page 139. BEING THE SAME PREMISES WHICH Ruth E. Keiser by deed dated 12/17/1999 and recorded 12/20/1999 in Cumberland County Deed Book 213, Page 539, granted and conveyed unto Kenneth S. Pearl and Mitzy M. Pearl. TO BE SOLD AS THE PROPERTY OF MITZY M. PEARL AND KENNETH S. PEARL ON JUDGMENT NO. 2008-01597 MAP NO. 10-20-1838-035 CONTROL NO. 10-5772 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1597 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDFIRST BANK, Plaintiff (s) From MITZY M. PEARL and KENNETH S. PEARL (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 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 levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $116,439.46 L.L.$ 0.50 Interest per diem of $23.51 to sale date 9/03/08 -- $3,691.07 Atty's Comm % Due Prothy $2.00 Atty Paid $192.80 Plaintiff Paid Date: 5/12/08 (Seal) REQUESTING PARTY: Name: LEON P. HALLER, ESQUIRE Address: PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Other Costs: Late charges - $38.84 per month to sale date 9/03/08 - $194.20 Escrow Deficit - $2,163.42 Prothonota By: Deputy Supreme Court ID No. 15700 .3 1 PLAINTIFF DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2008-01597 IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on 51 ?? 1 Ao0 , 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: MITZY M. PEARL 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 KENNETH S. PEARL 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANVOCCUPANT 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 MIDFIRST BANK, VS. MITZY M. PEARL KENNETH S. PEARL, Citifinancial, Inc. 6520 Carlisle Pike Suite 155 Mechanicsburg, PA 17055 Citifinancial, Inc. P.O. Box 17170 Baltimore, MD 21203 By Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 LAW OFFICES HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR. JILL M. WINKA BRIAN J. TYLER NICHOLE Ni STALEY O'GORMAN MITZY M. PEARL 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 KENNETH S. PEARL 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 Citifinancial, Inc. 6520 Carlisle Pike Suite 155 Mechanicsburg, PA 17055 Citifinancial, Inc. P.O. Box 17170 Baltimore, MD 21203 90 /Y"- g, olyt" m4w 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FAX (717) 234-1206 HERSHEY (717)533-3836 JOSEPH NISSLEY (1910-1982) JOHN W. PURCELL VALERIE A. GUNNOF COUNSEL 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 you hold against the said real a will be divested by the sale and that you have an opportunity to protect your interest, if any, b e' notified of said Sheriffs Sale. By: Haller PA I.D.15700 for Plaintiff MIDFIRST BANK, I IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. MITZY M. PEARL KENNETH S. PEARL, TAKE NOTICE: DEFENDANT(S) CIVIL ACTION LAW NO. 2008-01597 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, September 03, 2008 TIME: 10:00 O'clock A.M. LOCATION: 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: 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2008-01597 JUDGMENT AMOUNT $116,439.46 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: MTTZY M. PEARL and KENNETH S. PEARL 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 ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs 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. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 TRACT NO. 1 ALL THAT CERTAIN lot or piece of land situate in the Township of Hampden, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated August 3, 1967, as follows: BEGINNING at the intersection of the center lines of Basehore Road and Salem Church Road; thence extending along the center line of Salem Church Road, South 5 degrees 31 minutes West, 170.92 feet to a corner of land now or late of Roy C. and Helen R. Shaull; thence along said land South 74 degrees 45 minutes West, 79 feet to a stake; thence continuing along said land nor or late of the Shaulls, North 11 degrees 40 minutes West, 160.13 feet to a point in the center of Basehore Road aforesaid; thence along the center line thereof North 74 degrees 45 minutes East, 129.61 feet to the point and place of BEGINNING. HAVING THEREON ERECTED a one and one-half story brick and frame dwelling known as 6311 Basehore Road, Mechanicsburg, PA 17050. TRACT NO. 2: ALL THAT CERTAIN piece or parcel of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the western dedicated right-of-way of Salem Church Road at the dividing line between Lots Nos. 8 and 7, as shown on the hereinafter mentioned plan of lots; thence along the said dividing line between Lots Nos. 8 and 7, South 74 degrees 45 minutes West, a distance of 33.31 feet to an iron pin at corner of other lands of the Grantees herein; thence along said other lands of the Grantees herein, North 5 degrees 10 minutes 30 seconds East, a distance of 131.75 feet to a railroad spike on the western dedicated right-of-way line of Salem Church Road first mentioned above; thence along said western dedicated right-of-way line of Salem Church Road on a curve to the left having a radius of 1,378.14 feet, an arc distance of 123.97 feet to an iron pin on t he same at the dividing line between Lots Nos. 8 and 7 as shown on the hereinafter mentioned plan of lots, the place of BEGINNING. BEING Lot No. 8 as shown on the certain plan of lots entitled "Preliminary-Final Subdivision Plan, Lyndale Industrial Park" as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 55, Page 139. BEING THE SAME PREMISES WHICH Ruth E. Keiser by deed dated 12/17/1999 and recorded 12/20/1999 in Cumberland County Deed Book 213, Page 539, granted and conveyed unto Kenneth S. Pearl and Mitzy M. Pearl. TO BE SOLD AS THE PROPERTY OF MITZY M. PEARL AND KENNETH S. PEARL ON JUDGMENT NO. 2008-01597 MAP NO. 10-20-1838-035 CONTROL NO. 10-5772 7160 3901 9645 2613 49+66 TO: KENNETH S. PEARL 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 SENDER: NOS 09/03/08 REFERENCE: MIDFIRST/PEARL 7160 3901 9645 2613 4993 TO: MITZY M. PEARL 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 SENDER: NOS 09/03/08 REFERENCE: MIDFIR.ST/PEARL RETURN Postage - RETURN Postage RECEIPT Certified Fee - t RECEIPT Certified Fee SERVICE Return Receipt Fee SERVICE Return Receipt Fee Restricted Delivery 440 Restricted Delivery Total Postage & Fees Total Postage & Fees US Postal Service P05D0 flK+QR DATE US Postal Service R ,DATE Receipt for Receipt for Certified Mail Certified Mail No Insurance Coverage Provided No Insurance Coverage Provided -- Do Not Use for International Mail Do Not Use for International Mail MIDLAND MORTGAGE COMPANY v. M1TZY M. PEARL KENNETH S. PEARL Cumberland County Sale 9/3/2008 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: MITZY M. PEARL 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 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: KENNETH S. PEARL 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 Postage: Postmark: nor r O SAPS P94? f? !. !. " - ` z` a PITNEY BOWES .? _ 02 1A $ 01.100 0004353871 MAY16 2008 MAILED FROM ZIP CODE 1 710 2 MIDLAND MORTGAGE COMPANY v. MrrZY M. PEARL KENNi?TH S. PEARL Cumberland County Sale 9/3/2008 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: TENANT/OCCUPANT 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 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: Citifinancial, Inc. 6520 Carlisle Pike Suite 155 Mechanicsburg, PA 17055 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Citifinancial, Inc. P.O. Box 17170 Baltimore, MD 21203 Postage: Postmark: ^, ®® PITNEY BOWES 02 1A $ 01.100 0004353871 MAY 1 6 2008 ,: MAILED FROM ZIP CODE 1 710 2 Y CD i_.i Midfirst Bank VS Mitzy M. Pearl and Kenneth S. Pearl In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-1597 Civil Term Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on May 15, 2008 at 1117 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Mitzy M. Pearl and Kenneth S. Pearl, by making known unto Kenneth Pearl, for himself and for Mitzy M. Pearl, at 6311 Basehore Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copies of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 16, 2008 at 1612 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Mitzy M. Pearl and Kenneth S. Pearl located at 6311 Basehore Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states 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 the within named defendants, to wit: Mitzy M. Pearl and Kenneth S. Pearl by regular mail to their last known address of 6311 Basehore Road, Mechanicsburg, PA 17050. These letters were mailed under the date of July 14, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Leon Haller. Sheriff's Costs: Docketing 30.00 Poundage 25.93 Posting Bills 30.00 Advertising 30.00 Law Library .50 Prothonotary 2.00 Milage 20.00 Levy 30.00 Surcharge 40.00 Law Journal 563.00 Patriot News 513.35 Share of Bills 17.64 $ 1,302.42 So Answers R. Thomas Kline, Sheriff ,l g10Yj0Y (?- B To QP w 5? L Ue- 4S"Ind n j L) 0 3°?' MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. MITZY M. PEARL KENNETH S. PEARL, DEFENDANT(S) CIVIL ACTION LAW NO. 2008-01597 IN MORTGAGE FORECLOSURE CO) n,4?, AFFIDAVIT PURSUANT TO RULE 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 6311 BASEHORE ROAD MECHANICSBURG, PA 17050: 1. Name and address of the Owner(s) or Reputed Owner(s): MITZY M. PEARL 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 KENNETH S. PEARL 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 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 is a record lien on the real property to be sold: UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Citifinancial, Inc. 6520 Carlisle Pike Suite 155 Mechanicsburg, PA 17055 Citifinancial, Inc. P.O. Box 17170 Baltimore, MD 21203 f 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: 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: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANVOCCUPANT 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 (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 s o the. penalties of 18 PA C.S. Section 4904 relating to unworn falsification to authorities. Leon P. Halle I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: May 6, 2008 M[DFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. I%= M. PEARL KENNETH S. PEARL, TAKE NOTICE: DEFENDANT(S) CIVIL ACTION LAW NO. 2008-01597 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 That the Sheriff s Sale *of Real Property (real estate) will be held: DATE: Wednesday, September 03, 2008 TIME: 10:00 O'clock A.M. LOCATION: 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: 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2008-01597 JUDGMENT AMOUNT $116,439.46 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: N=Y M. PEARL and KENNETH S. PEARL 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 ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs 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. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 TRACT NO. 1 ALL THAT CERTAIN lot or piece of land situate in the Township of Hampden, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated August 3, 1967, as follows: BEGINNING at the intersection of the center lines of Basehore Road and Salem Church Road; thence extending along the center line of Salem Church Road, South 5 degrees 31 minutes West, 170.92 feet to a comer of land now or late of Roy C. and Helen R. Shaull; thence along said land South 74 degrees 45 minutes West, 79 feet to a stake; thence continuing along said land nor or late of the Shaulls, North 11 degrees 40 minutes West, 160.13 feet to a point in the center of Basehore Road aforesaid; thence along the center line thereof North 74 degrees 45 minutes East, 129.61 feet to the point and place of BEGINNING. HAVING THEREON ERECTED a one and one-half story brick and frame dwelling known as 6311 Basehore Road, Mechanicsburg, PA 17050. TRACT NO. 2: ALL THAT CERTAIN piece or parcel of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the western dedicated right-of-way of Salem Church Road at the dividing line between Lots Nos. 8 and 7, as shown on the hereinafter mentioned plan of lots; thence along the said dividing line between Lots Nos. 8 and 7, South 74 degrees 45 minutes West, a distance of 33.31 feet to an iron pin at comer of other lands of the Grantees herein; thence along said other lands of the Grantees herein, North 5 degrees 10 minutes 30 seconds East, a distance of 131.75 feet to a railroad spike on the western dedicated right-of-way line of Salem Church Road first mentioned above; thence along said western dedicated right-of-way line of Salem Church Road on a curve to the left having a radius of 1,378.14 feet, an arc distance of 123.97 feet to an iron pin on t he same at the dividing line between Lots Nos. 8 and 7 as shown on the hereinafter mentioned plan of lots, the place of BEGINNING. BEING Lot No. 8 as shown on the certain plan of lots entitled "Preliminary-Final Subdivision Plan, Lyndale Industrial Park" as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 55, Page 139. BEING THE SAME PREMISES WHICH Ruth E. Keiser by deed dated 12/17/1999 and recorded 12/20/1999 in Cumberland County Deed Book 213, Page 539, granted and conveyed unto Kenneth S. Pearl and Mitzy M. Pearl. TO BE SOLD AS THE PROPERTY OF MITZY M. PEARL AND KENNETH S. PEARL ON JUDGMENT NO. 2008-01597 MAP NO. 10-20-1838-035 CONTROL NO. 10-5772 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-1597 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDFIRST BANK, Plaintiff (s) From MITZY M. PEARL and KENNETH S. PEARL (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 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 levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $116,439.46 L.L.$ 0.50 Interest per diem of $23.51 to sale date 9/03/08 -- $3,691.07 Atty's Comm % Due Prothy $2.00 Atty Paid $192.80 Other Costs: Late charges - $38.84 per month to sale date 9/03/08 - $194.20 Escrow Deficit - $2,163.42 Plaintiff Paid Date: 5/12/08 Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: LEON P. HALLER, ESQUIRE Address: PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 Real Estate Sale # 38 On May 14, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 6311 Basehore Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference t incorporated herein. Date: May 14, 2008 By: Real Estat Sergeant U0cJEIAN8081 the Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patriot-N(ws Now you know CARLISLE PA 17013 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 J. Morrow, being duly sworn according to law, deposes and says: That he is the 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 The 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 date(s) indicated below. 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 said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/23/08 07/30/08 08/06/08 Sworn to and bscrib fore m is 20 c)ay August, 2008 A.D. Notary Pub i COMMONWEALTH OF PENNSYWANIA Notarial Seal Sherrie L. Kiener, Notary Public City Of Harrisburg; Dauphin County tiN C eion i;;; a Nov 26, 2011 Member, Pennsylvania Association of Notaries Real Estate Sale No. 38 Wet No. 2OW1597 Civil Term Midflrst Bank VS Wzy M. Pearl and Kenneth S. Pearl Attorney: Leon Haller LEGAL DESCRIPTION TRACT NO.1 ALL THAT CERTAIN lot or piece of land situate in the Townshipof Hampden.. Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan 00e4 t* by l J. Wad, PpkPI-Ai &AdAMW 3,1967, as fellM: BW0QQNG at the intea? of the center 1®a of I'ya hw Road aw Salem Church Road; thence extending along the center line of Salem Church Road, South 5 degrees 31 minutes West, 170.92 feet to a comer of land now or late of Roy C. and Helen R. Shaull; thence along said land South 74 degrees 45 minutes West, 79 feet to a stake; thence continuing along said land nor or late of the Shaulls, North 11 degrees 40 minutes West, 160.13 feet to a point in the center of Basehore Road aforesaid; thence along the center line thereof North 74 degrees 45 minutes East, 129.61 feet to the point and place of BEGINNING. HAVING THEREON ERECTED a one and one-half story brick and frame dwelling known as 6311 Basehore Road, Mechanicsburg. PA17050. TRACT NO. 2: ALLTHAT CERTAIN piece or parcel of land situate in the Townshipof Hampden, Countyof Cumberlandand Commonwealthof Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the western dedicated right-of-way of Salem Church Road at the dividing line between Lots Nos. 8 and 7, as dhown on the hereinafter mentioned plan of lots:. thence along the said dividing line between Lots Nos, 8 and 7, South 74 degrees 45 minutes West, a distance of 33.31 feet to an iron pin at comer ;,f other lands of the Grantees herein; thence along said other lands of the Grantees herein, North 5 degrees l0 minutes 30 seconds East, a distance of 131.75 feet to a railroad spike on the western dedicated right-0f--way line of Salem Church Road fast mentioned above; thence along said western dedicated right-of-way line Sniff Salem Church Road on a curve to the left having a radius of 1,378.14 feet, an arc distance .of 123.97 feet to an iron pin on the same at the dividing line between Lots Nos. 8 and 7 as shown on the hereinafter mentioned plan of lots, the place of BEGINNING. BEING LotNO. 8 as shown on the certain plan of lots entitled "Preliminary-Final Subdivision Plan, Lyndale Industrial Park" as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvanii, in Plan Book 55, Page 139. BEING THE SAME PREMISES WHICH Ruth E. Keiser by deed dated 1211711999and recorded 1 212011 9 9 9in Cumberland County Deed Book 213, Page 539, granted and conveyed unto Kenneth S. Pearl and Mitzy M. Pearl. TO BE SOLD AS THE PROPERTY OF MITZY M. PEARL .ANDKENNETH S. PEARLON JUDGMENT NO. 2008-01597 MAPNO. 10-20-1838-035 CONTROL NO. 10- 5772 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, 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: July 18, July 25, and August 1, 2008 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. Coyne, SWOIN TO AND SUBSCRIBED before me this ____L _day of August, 2008 2?1 - J Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 RBAL 1R''PATE BALd NO. 38 Writ No. 2008-1597 Civil Midfirst Bank VS. Mitzy M. Pearl and Kenneth S. Pearl Atty.: Leon Haller TRACT NO. 1 ALL THAT CERTAIN lot or piece of land situate in the Township of Hampden, Cumberland County, Pennsylvania, bounded and de- scribed in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated August 3, 1967, as follows: BEGINNING at the intersection of the center lines of Basehore Road and Salem Church Road; thence extend- ing along the center line of Salem Church Road, South 5 degrees 31 minutes West, 170.92 feet to a corner of land now or late of Roy C. and Hel- en R. Shaull; thence along said land South 74 degrees 45 minutes West, 79 feet to a stake; thence continu- ing along said land nor or late of the Shaulls, North 11 degrees 40 minutes West, 160.13 feet to a point in the center of Basehore Road aforesaid; thence along the center line thereof North 74 degrees 45 minutes East, 129.61 feet to the point and place of BEGINNING. HAVING THEREON ERECTED a one and one-half story brick and frame dwelling known as 6311 Basehore Road, Mechanicsburg, PA 17050. TRACT NO. 2: ALL THAT CERTAIN piece or par- cel of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and de- scribed as follows: BEGINNINU at an iron pug on the western dedicated right-of-way of Salem Church Road at the dividing line between Lots Nos. 8 and 7, as shown on the hereinafter mentioned plan of lots; thence along the said dividing line between Lots Nos. 8 and 7, South 74 degrees 45 minutes West, a distance of 33.31 feet to an iron pin at corner of other lands of the Grantees herein; thence along said other lands of the Grantees herein, North 5 degrees 10 minutes 30 seconds East, a distance of 131.75 feet to a railroad spike on the western dedicated right-of-way line of Salem Church Road first mentioned above; thence along said western dedicated right-of-way line of Salem Church Road on a curve to the left having a radius of 1,378.14 feet, an arc dis- tance of 123.97 feet to an iron pin on the same at the dividing line between Lots Nos. 8 and 7 as shown on the hereinafter mentioned plan of lots, the place of BEGINNING. BEING Lot No. 8 as shown on the certain plan of lots entitled "Prelimi- nary-Final Subdivision Plan, Lyndale Industrial Park" as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylva- nia, in Plan Book 55, Page 139. BEING THE SAME PREMISES WHICH Ruth E. Keiser by deed dated 12/17/1999 and recorded 12/20/ 1999 in Cumberland County Deed Book 213, Page 539, granted and conveyed unto Kenneth S. Pearl and Mitzy M. Pearl. TO BE SOLD AS THE PROPERTY OF MITZY M. PEARL AND KENNETH S. PEARL ON JUDGMENT NO. 2008- 01597. MAP NO. 10-20-1838-035. CONTROL NO. 10-5772. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2008-01597 MIDFIRST BANK, Total Judgment Amount $116,439.46 PLAINTIFF Interest $6,587.25 Per diem of $23.51 to sale vs. date 12/09/09 Late Charges $582.60 MITZY M. PEARL $38.84 per month to sale KENNETH S. PEARL, date 12/09/09 DEFENDANT(S) Escrow Deficit $2,723.34 TOTAL WRIT $126,332.65 *Plus additional interest, late charges and other costs to date of sheriffs sale. SALE DATE: Wednesday, September 03, 2008 (PROTHONOTARY'S USE) Pltf. Paid PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. Date: June 15, 2009 Attorney for Plaintiff 1719 North Front Street Leon P. aller Harrisburg, PA 17102 PA I.D. 415700 (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 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 Date: PROTHONOTARY/CLERK CIVIL DIVISION Deft. Paid Due Proth/Clerk Other Costs BY DEPUTY G OF TV- f ? ? tti l ? ? ? ` L Ml v /, 3 G? ? N? ?i3F p d. 0 0 Aug- (6 Me /% -/-2(/ 41?'0? UZa fl- ?JrI4 D1 -x 1SStw? MIDFIRST BANK, I IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. MITZY M. PEARL KENNETH S. PEARL, DEFENDANT CIVIL ACTION LAW NO. 2008-01597 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS 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 this 13 day 0 20? : LEON ALLER, ESQUIRE otary, ublic dV r3.1 ii OF F rja. NOTARIAL SEAL MARYLAND K. FERRETTI, Notary Public Lower Paxton Twp,, Dauphin County My Commission Ex ires Au . 8, 2010 R ED li 2009 Cull, PLAINTIFF DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2008-01597 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 MIDFIRST BANK, VS. MITZY M. PEARL KENNETH S. PEARL, 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 6311 BASEHORE ROAD MECHANICSBURG, PA 17050: 1. Name and address of the Owner(s) or Reputed Owner(s): MITZY M. PEARL 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 KENNETH S. PEARL 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 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 is a record lien on the real property to be sold: UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Citifinancial, Inc. 6520 Carlisle Pike Suite 155 Mechanicsburg, PA 17055 Citifinancial, Inc. P.O. Box 17170 Baltimore, MD 21203 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: 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: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 (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 s ject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Leon P. HafTe-r- PA 1. D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE:June 15, 2009 cr ?1 IL. ? MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. MITZY M. PEARL KENNETH S. PEARL, TAKE NOTICE: DEFENDANT(S) CIVIL ACTION LAW NO. 2008-01597 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, December 09, 2009 TIME: 10:00 O'clock A.M. LOCATION: 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: 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2008-01597 JUDGMENT AMOUNT $116,439.46 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: MITZY M. PEARL and KENNETH S. PEARL 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 ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs 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. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 TRACT NO. 1 ALL THAT CERTAIN lot or piece of land situate in the Township of Hampden, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated August 3, 1967, as follows: BEGINNING at the intersection of the center lines of Basehore Road and Salem Church Road; thence extending along the center line of Salem Church Road, South 5 degrees 31 minutes West, 170.92 feet to a corner of land now or late of Roy C. and Helen R. Shaull; thence along said land South 74 degrees 45 minutes West, 79 feet to a stake; thence continuing along said land nor or late of the Shaulls, North 11 degrees 40 minutes West, 160.13 feet to a point in the center of Basehore Road aforesaid; thence along the center line thereof North 74 degrees 45 minutes East, 129.61 feet to the point and place of BEGINNING. HAVING THEREON ERECTED a one and one-half story brick and frame dwelling known as 6311 Basehore Road, Mechanicsburg, PA 17050. TRACT NO. 2: ALL THAT CERTAIN piece or parcel of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the western dedicated right-of-way of Salem Church Road at the dividing line between Lots Nos. 8 and 7, as shown on the hereinafter mentioned plan of lots; thence along the said dividing line between Lots Nos. 8 and 7, South 74 degrees 45 minutes West, a distance of 33.31 feet to an iron pin at corner of other lands of the Grantees herein; thence along said other lands of the Grantees herein, North 5 degrees 10 minutes 30 seconds East, a distance of 131.75 feet to a railroad spike on the western dedicated right-of-way line of Salem Church Road first mentioned above; thence along said western dedicated right-of-way line of Salem Church Road on a curve to the left having a radius of 1,378.14 feet, an arc distance of 123.97 feet to an iron pin on t he same at the dividing line between Lots Nos. 8 and 7 as shown on the hereinafter mentioned plan of lots, the place of BEGINNING. BEING Lot No. 8 as shown on the certain plan of lots entitled "Preliminary-Final Subdivision Plan, Lyndale Industrial Park" as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 55, Page 139. BEING THE SAME PREMISES WHICH Ruth E. Keiser by deed dated 12/17/1999 and recorded 12/20/1999 in Cumberland County Deed Book 213, Page 539, granted and conveyed unto Kenneth S. Pearl and Mitzy M. Pearl. TO BE SOLD AS THE PROPERTY OF MITZY M. PEARL AND KENNETH S. PEARL ON JUDGMENT NO. 2008-01597 MAP NO. 10-20-1838-035 CONTROL NO. 10-5772 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-1597 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDFIRST BANK Plaintiff (s) From MITZY M. PEARL AND KENNETH S. PEARL (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 gamishee(s) is 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 levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $116,439.46 L.L. Interest PER DIEM OF $23.51 TO SALE DATE 12/09/09 -- $6,587.25 Atty's Comm % Due Prothy $2.00 Arty Paid $1,442.92 Other Costs: LATE CHARGES: $38.84 PER MONTH TO SALE DATE 12/09/09 -- $582.60 ESCROW DEFICIT: $2,723.34 Plaintiff Paid Date: 06/*/2009 (Seal) REQUESTING PARTY: Name: LEON P. HALLER, ESQ. Address: 1719 N. FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 -N A14A *, Curtis R. Long Prothonota rY By: 4" - Dep ty MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. MITZY M. PEARL KENNETH S. PEARL, DEFENDANTS CIVIL ACTION LAW NO. 2008-01597 IN MORTGAGE FORECLOSURE SUPPLEMENTAL RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on l 5 1 a (30 4 , 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: HAMPDEN TOWNSHIP 230 SOUTH SPORTING HILL ROAD MECHANICSBURG, PA 17050 ATTORNEY KEITH BRENNEMAN 44 WEST MAIN STREET P.O. BOX 318 MECHANICSBURG, PA 17055 By PURC , KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES HOWARD B. KRUG LEON P. HALLER JOHN W.PURCELLJR. JILL M. WINKA BRIAN J. TYLER NICHOLE M. STALEY O'GORMAN HAMPDEN TOWNSHIP A 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FAX (717) 234-1206 230 SOUTH SPORTING HILL ROAD MECHANICSBURG, PA 17050 ATTORNEY KEITH BRENNEMAN 44 WEST MAIN STREET P.O. BOX 318 MECHANICSBURG, PA 17055 HERSHEY (717)533-3836 JOSEPH NISSLEY (1910-1982) JOHN W.PURCELL VALERIE A. GUNNOF COUNSEL 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 you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, if being notified of said Sheriffs Sale. By: Leon P. Haller PA I.D.15700 Attorney for Plaintiff MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. MITZY M. PEARL KENNETH S. PEARL, TAKE NOTICE: DEFENDANT(S) CIVIL ACTION LAW NO. 2008-01597 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, December 09, 2009 TIME: 10:00 O'clock A.M. LOCATION: 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: 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2008-01597 JUDGMENT AMOUNT $116,439.46 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: MITZY M. PEARL and KENNETH S. PEARL 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 ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs 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. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 TRACT NO. 1 ALL THAT CERTAIN lot or piece of land situate in the Township of Hampden, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated August 3, 1967, as follows: BEGINNING at the intersection of the center lines of Basehore Road and Salem Church Road; thence extending along the center line of Salem Church Road, South 5 degrees 31 minutes West, 170.92 feet to a corner of land now or late of Roy C. and Helen R. Shaull; thence along said land South 74 degrees 45 minutes West, 79 feet to a stake; thence continuing along said land nor or late of the Shaulls, North 11 degrees 40 minutes West, 160.13 feet to a point in the center of Basehore Road aforesaid; thence along the center line thereof North 74 degrees 45 minutes East, 129.61 feet to the point and place of BEGINNING. HAVING THEREON ERECTED a one and one-half story brick and frame dwelling known as 6311 Basehore Road, Mechanicsburg, PA 17050. TRACT NO. 2: ALL THAT CERTAIN piece or parcel of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the western dedicated right-of-way of Salem Church Road at the dividing line between Lots Nos. 8 and 7, as shown on the hereinafter mentioned plan of lots; thence along the said dividing line between Lots Nos. 8 and 7, South 74 degrees 45 minutes West, a distance of 33.31 feet to an iron pin at corner of other lands of the Grantees herein; thence along said other lands of the Grantees herein, North 5 degrees 10 minutes 30 seconds East, a distance of 131.75 feet to a railroad spike on the western dedicated right-of-way line of Salem Church Road first mentioned above; thence along said western dedicated right-of-way line of Salem Church Road on a curve to the left having a radius of 1,378.14 feet, an arc distance of 123.97 feet to an iron pin on t he same at the dividing line between Lots Nos. 8 and 7 as shown on the hereinafter mentioned plan of lots, the place of BEGINNING. BEING Lot No. 8 as shown on the certain plan of lots entitled "Preliminary-Final Subdivision Plan, Lyndale Industrial Park" as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 55, Page 139. BEING THE SAME PREMISES WHICH Ruth E. Keiser by deed dated 12/17/1999 and recorded 12/20/1999 in Cumberland County Deed Book 213, Page 539, granted and conveyed unto Kenneth S. Pearl and Mitzy M. Pearl. TO BE SOLD AS THE PROPERTY OF MITZY M. PEARL AND KENNETH S. PEARL ON JUDGMENT NO. 2008-01597 MAP NO. 10-20-1838-035 CONTROL NO. 10-5772 MIDLAND MORTGAGE COMPANY v. MITZY M. PEARL KENNETH S. PEARL • Cumberland County Sale 12/9/09 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: HAMPDEN TOWNSHIP 230 SOUTH SPORTING HILL ROAD MECHANICSBURG, PA 17050 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: ATTORNEY KEITH BRENNEMAN 44 WEST MAIN STREET P.O. BOX 318 MECHANICSBURG, PA 17055 ??Q~<ES PpSTQ 4 7 PITNEY H 5 02 1M $ 02.30° 0004284324 NOV 05 2009 MAILED FROM ZIP CODE 1 710 2 r 7 r AP CF T!,- t,rIf:Fi(}, 2005 NOY 23 F I : C 2 MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLANDCOUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW MITZY M. PEARL NO. 2008-01597 KENNETH S. PEARL, DEFENDANT IN MORTGAGE FORECLOSURE SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 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 6311 BASEHORE ROAD MECHANICSBURG, PA 17050: Name and address of the Owner(s) or Reputed Owner(s): MITZY M. PEARL 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 KENNETH S. PEARL 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 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 is a record lien on the real property to be sold: HAMPDEN TOWNSHIP 230 SOUTH SPORTING HILL ROAD MECHANICSBURG, PA 17050 ATTORNEY KEITH BRENNEMAN 44 WEST MAIN STREET P.O. BOX 318 MECHANICSBURG, PA 17055 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 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: UNKNOWN RI FE-0, Ful-l" 2009 NOY 25 P 1: G 2 MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. MITZY M. PEARL KENNETH S. PEARL, DEFENDANT(S) CIVIL ACTION LAW NO. 2008-01597 IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on A !n I aQp 4 , 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: MITZY M. PEARL 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 KENNETH S. PEARL 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 Citifinancial, Inc. 6520 Carlisle Pike Suite 155 Mechanicsburg, PA 17055 Citifinancial, Inc. P.O. BOX 17170 Baltimore, MD 21203 By PURCELL,KRU HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR. JILL M. WINKA BRIAN J. TYLER NICHOLE M. STALEY O'GORMAN MITZY M. PEARL 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 KENNETH S. PEARL 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FAX (717) 234-1206 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 Citifinancial, Inc. 6520 Carlisle Pike Suite 155 Mechanicsburg, PA 17055 Citifinancial, Inc. P.O. Box 17170 Baltimore, MD 21203 HERSHEY (717)533-3836 JOSEPH NISSLEY (1910-1982) JOHN W.PURCELL VALERIE A. GUNNOF COUNSEL 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 you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being noti d of said Sheriffs Sale. By: WkfOP-A I.D.15700 Attorney for Plaintiff MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. MITZY M. PEARL KENNETH S. PEARL, DEFENDANT(S) CIVIL ACTION LAW NO. 2008-01597 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, December 09, 2009 TIME: 10:00 O'clock A.M. LOCATION: 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: 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2008-01597 JUDGMENT AMOUNT $116,439.46 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: MITZY M. PEARL and KENNETH S. PEARL 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 ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs 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. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 TRACT NO. 1 ALL THAT CERTAIN lot or piece of land situate in the Township of Hampden, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated August 3, 1967, as follows: BEGINNING at the intersection of the center lines of Basehore Road and Salem Church Road; thence extending along the center line of Salem Church Road, South 5 degrees 31 minutes West, 170.92 feet to a corner of land now or late of Roy C. and Helen R. Shaull; thence along said land South 74 degrees 45 minutes West, 79 feet to a stake; thence continuing along said land nor or late of the Shaulls, North 11 degrees 40 minutes West, 160.13 feet to a point in the center of Basehore Road aforesaid; thence along the center line thereof North 74 degrees 45 minutes East, 129.61 feet to the point and place of BEGINNING. HAVING THEREON ERECTED a one and one-half story brick and frame dwelling known as 6311 Basehore Road, Mechanicsburg, PA 17050. TRACT NO. 2: ALL THAT CERTAIN piece or parcel of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the western dedicated right-of-way of Salem Church Road at the dividing line between Lots Nos. 8 and 7, as shown on the hereinafter mentioned plan of lots; thence along the said dividing line between Lots Nos. 8 and 7, South 74 degrees 45 minutes West, a distance of 33.31 feet to an iron pin at corner of other lands of the Grantees herein; thence along said other lands of the Grantees herein, North 5 degrees 10 minutes 30 seconds East, a distance of 131.75 feet to a railroad spike on the western dedicated right-of-way line of Salem Church Road first mentioned above; thence along said western dedicated right-of-way line of Salem Church Road on a curve to the left having a radius of 1,378.14 feet, an are distance of 123.97 feet to an iron pin on t he same at the dividing line between Lots Nos. 8 and 7 as shown on the hereinafter mentioned plan of lots, the place of BEGINNING. BEING Lot No. 8 as shown on the certain plan of lots entitled "Preliminary-Final Subdivision Plan, Lyndale Industrial Park" as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 55, Page 139. BEING THE SAME PREMISES WHICH Ruth E. Keiser by deed dated 12/17/1999 and recorded 12/20/1999 in Cumberland County Deed Book 213, Page 539, granted and conveyed unto Kenneth S. Pearl and Mitzy M. Pearl. TO BE SOLD AS THE PROPERTY OF MITZY M. PEARL AND KENNETH S. PEARL ON JUDGMENT NO. 2008-01597 MAP NO. 10-20-1838-035 CONTROL NO. 10-5772 7160 3901 9848 2032 5776 To: MITZY M. PEARL 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 SENDER: NOS 12/09/09 REFERENCE: MIDLAND/PEARL 7160 3901 9848 2032 5769 T: KENNETH S. PEARL 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 SENDER: NOS 12/09/09 REFERENCE: MIDLAND/PEARL RETURN Postage 61 RETURN "stage .61 RECEIPT Certified Fee . RECEIPT SERVICE Certified Fee 2.80 SERVICE Return Receipt Fee 9 30 Return Receipt Fee 22.3 0 Restricted Delivery 450 Restricted Delivery 4 50 Total Postage & Fees Total Postage 6 Fees US Postal Service POSTMAT0 US Postal Service POSTMARK OR DATE Receipt for Receipt for Certified Mail Certified Mail No insurance Coverage Provided No Insurance Coverage Provided Do Not Use for International Mail Do Not Use for International Mail MIDLAND MORTGAGE COMPANY v. MITZY M. PEARL KENNETH S. PEARL Cumberland County Sale 12/9/09 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: MITZY M. PEARL 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 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: KENNETH S. PEARL 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 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: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 ?Ofs POS 5 7 PITNEY sows 02 1M $ 01.15° 0004284324 JUN 25 2009 MAILED FROM ZIP CODE 17102 I A, MIDLAND MORTGAGE COMPANY v. MITZY M. PEARL KENNETH S. PEARL Cumberland County Sale 12/9/09 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: TENANT/OCCUPANT 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 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: Citifinancial, Inc. 6520 Carlisle Pike Suite 155 Mechanicsburg, PA 17055 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: Citifinancial, Inc. P.O. Box 17170 Baltimore, MD 21203 -f. posT" 4 3 ZWWWW PITNEY 60WE5 ANNIMWA EN 02 1M $ 01.15° 0004284324 JUN25 2009 MAILED FROM ZIP CODE 1 710 2 FILE CT- TH"El: 2Olu I uV 25 f'Ii I: C2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ri c, Tt. Irr,V ?L ;y Midfirst Bank vs. Mitzy M Pearl Case Number 2008-1597 SHERIFF'S RETURN OF SERVICE 09/24/2009 06:01 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 09-24-09 at 1801 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Mitzy M. Pearl & Kenneth S. Pearl, located at 6311 Basehore Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. 09/24/2009 06:01 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 09-24-09 at 1801 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Mitzy M. Pearl, by making known unto, Mitzy M. Pearl, personally, at 6311 Basehore Road, Mechanicsburg, Cumberland County, Pennsylvania it: contents and at the same time handing to her personally the said true and correct copy of the same. 09/24/2009 06:01 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 09-24-09 at 1801 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Kenneth S. Pearl, by making known unto, Kenneth S. Pearl, personally, at 6311 Basehore Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 12/09/2009 Real Estate Property sold back to Mortgage Company for 1.00 on 12/9/09 01/12/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 9, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Leon P. Haller, on behalf of, Midfirst Bank, 999 N.W. Grand Blvd., Suite 100, Oklahoma City, OK 73118, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 1,261.84 SHERIFF COST: $1,261.84 January 12, 2010 SO ANSWERS, f t0 Y R ANDERSON, SHERIFF- ,W c0 f,Ck aec ? U, tj / 3 ? ?, ?- MIDFIRST BANK, PLAINTIFF VS. MITZY M. PEARL KENNETH S. PEARL, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2008-01597 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 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 6311 BASEHORE ROAD MECHANICSBURG, PA 17050: 1. Name and address of the Owner(s) or Reputed Owner(s): MITZY M. PEARL 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 KENNETH S. PEARL 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 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 is a record lien on the real property to be sold: UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Citifinancial, Inc. 6520 Carlisle Pike Suite 155 Mechanicsburg, PA 17055 Citifinancial, Inc. P.O. Box 17170 Baltimore, MD 21203 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: 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: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 (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 mades ject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Leon P. er PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: June 15, 2009 MIDFIRST BANK, I IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. MITZY M. PEARL, KENNETH S. PEARL, TAKE NOTICE: DEFENDANT(S) CIVIL ACTION LAW NO. 2008-01597 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, December 09, 2009 TIME: 10:00 O'clock A.M. LOCATION: 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: 6311 BASEHORE ROAD MECHANICSBURG, PA 17050 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2008-01597 JUDGMENT AMOUNT $116,439.46 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: MITZY M. PEARL and KENNETH S. PEARL 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 PROPFRTY_ 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 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs 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. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 TRACT NO. I ALL THAT CERTAIN lot or piece of land situate in the Township of Hampden, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated August 3, 1967, as follows: BEGINNING at the intersection of the center lines of Basehore Road and Salem Church Road; thence extending along the center line of Salem Church Road, South 5 degrees 31 minutes West, 170.92 feet to a corner of land now or late of Roy C. and Helen R. Shaull; thence along said land South 74 degrees 45 minutes West, 79 feet to a stake; thence continuing along said land nor or late of the Shaulls, North 11 degrees 40 minutes West, 160.13 feet to a point in the center of Basehore Road aforesaid; thence along the center line thereof North 74 degrees 45 minutes East, 129.61 feet to the point and place of BEGINNING. HAVING THEREON ERECTED a one and one-half story brick and frame dwelling known as 6311 Basehore Road, Mechanicsburg, PA 17050. TRACT NO. 2: ALL THAT CERTAIN piece or parcel of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the western dedicated right-of-way of Salem Church Road at the dividing line between Lots Nos. 8 and 7, as shown on the hereinafter mentioned plan of lots; thence along the said dividing line between Lots Nos. 8 and 7, South 74 degrees 45 minutes West, a distance of 33.31 feet to an iron pin at corner of other lands of the Grantees herein; thence along said other lands of the Grantees herein, North 5 degrees 10 minutes 30 seconds East, a distance of 131.75 feet to a railroad spike on the western dedicated right-of-way line of Salem Church Road first mentioned above; thence along said western dedicated right-of-way line of Salem Church Road on a curve to the left having a radius of 1,378.14 feet, an arc distance of 123.97 feet to an iron pin on t he same at the dividing line between Lots Nos. 8 and 7 as shown on the hereinafter mentioned plan of lots, the place of BEGINNING. BEING Lot No. 8 as shown on the certain plan of lots entitled "Preliminary-Final Subdivision Plan, Lyndale Industrial Park" as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 55, Page 139. BEING THE SAME PREMISES WHICH Ruth E. Keiser by deed dated 12/17/1999 and recorded 12/20/1999 in Cumberland County Deed Book 213, Page 539, granted and conveyed unto Kenneth S. Pearl and Mitzy M. Pearl. TO BE SOLD AS THE PROPERTY OF MITZY M. PEARL AND KENNETH S. PEARL ON JUDGMENT NO. 2008-01597 MAP NO. 10-20-1838-035 CONTROL NO. 10-5772 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-1597 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDFIRST BANK Plaintiff (s) From MITZY M. PEARL AND KENNETH S. PEARL (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 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 levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $116,439.46 L.L. Interest PER DIEM OF $23.51 TO SALE DATE 12/09/09 -- $6,587.25 Atty's Comm % Due Prothy $2.00 Atty Paid $1,442.92 Other Costs: LATE CHARGES: $38.84 PER MONTH TO SALE DATE 12/09/09 -- $582.60 ESCROW DEFICIT: $2,723.34 Plaintiff Paid Date: 06/I(0/2009 (Seal) z f / &Lki ' 44py Curtis R. Long, Prothonotary By. f 'T T 77 Depu REQUESTING PARTY: Name: LEON P. HALLER, ESQ. Address: 1719 N. FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 Real Estate Sale # On August 19, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as, 6311 Bashore Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 19, 2009 By: Rea Estate Coordinator C; The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 t4ePahiot News Now you know 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 Leslie Kramer, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 The 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 date(s) indicated below. That neither she 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 she 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 said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/23/09 10/30/09 11/06/09 worn to and subscribed before me this 1,6 der f November, 2009 A.D. Notary Public ?COMNIONINEA_It OFP?NNSYLV d ?VokarG Seaa AN(q Sherrie L. 6{q.nr Nora Myc??Y(3C#?? i7aupf nCournty Member _ N01.26, 2011 Penn?yhfaria Associa6;c;, 01 Notariev, Writ No. 2008-1597 Civil Term Miciflrst Bank Vs Mltzy M. Pearl Kenneth S. Pearl Atty: Leon Haller TRACT NO. I ALL THAT CERTAIN lot or piece of land situate in the Township of Hampden, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated August 3, 1967, as follows: BEGINNING at the intersection of the center lines of Basehore Road and Salem Church Road; thence extending along the center line of Salem Church Road, South 5 degrees 31 minutes West, 170.92 feet to a comer of land now or late of Roy C. and Helen R. Shaun; thence along said land South 74 degrees 45 minutes West, 79 feet to a stake; thence continuing along said land nor or late of the Shaulls, North 11 degrees 40 minutes West, 160.13 feet to a point in the center of Basehore Road aforesaid; thence along the center line thereof North 74 degrees 45 minutes East, 129.61 feet to the point and place of BEGINNING. HAVING THEREON ERECTED a one and one-half story brick and frame dwelling known as 6311 Basehore Road. Mechanicsburg, PA 17050. TRACT NO.2 ALL THAT CERTAIN piece or parcel of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the western dedicated right-of-way of Salem Church Road at the dividing line between Lots Nos. 8 and 7, as shown on the hereinafter mentioned plan of lots; thence along the said dividing he between Lots Nos. 8 and 7, South 74 degrees 45 minutes West, a distance of 33.31 feet to an iron pin at comer of rdttter lands of the Grantees herein; thence along said other lands of the Grantees herein, North 5 degrees 10 minutes 30 seconds East, a di°tance of 131.75 feet to a railroad spike on the western dedicated right-of-way line of Salem Church Road fast mentioned above; thence along said western dedicated right-of-way line of Salem Church Road on a curve to the left h;mng a radius of 1,378.14-feet, an arc distance of 123.97 feet to an iron On on the same at the dividing line between Lots Nos. '8 and 7 as shop on the hereinafter mentioned plan of lots, the place of BEGINNING. BEING Lot No. 8 as shown on the certain plan of lots entitled "Preliminary-Final Subdivision Plan, Lyndale Industrial Park" as recorded in the Office of the RecAer of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 55, Page 139. BEING THE SAME PREMISES WHICH Ruth E. Keiser by deed dated 12/17/1999 and recorded 12/20/1999 in Cumberland County Deed Book 213, Page 539, granted and conveyed unto Kenneth S. Pearl and Mitzy M. Pearl TO BE SOLD AS THE PROPERTY OF MITZY M. PEARL AND KENNETH S. PEARL ON JUDGMENT N0:2008-01597 MAP NO. 10-20-1838-035 CONTROL NO. 10-5772 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, 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: October 23, October 30 and November 6, 2009 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. a ne Coyne, Edor SW TOAD SUBSCRIBED before me this 6 day of November, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 26, 2010 Writ No. 2008-1597 Civil Midfirst Bank vs. Mitzy M. Pearl Kenneth S. Pearl Atty: Leon Haller TRACT NO. I ALL THAT CERTAIN lot or piece of land situate in the Township of Hampden, Cumberland County, Pennsylvania, bounded and de- scribed in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated August 3, 1967, as follows: BEGINNING at the intersection of the center lines of Basehore Road and Salem Church Road; thence extend- ing along the center line of Salem Church Road, South 5 degrees 3 1 minutes West, 170.92 feet to a corner of land now or late of Roy C and Hel- en R. Shaull; thence along said land South 74 degrees 45 minutes West, 79 feet to a stake; thence continu- ing along said land nor or late of the Shaulls, North 11 degrees 40 minutes West, 160.13 feet to a point in the center of Basehore Road aforesaid; thence along the center line thereof North 74 degrees 45 minutes East, 129.61 feet to the point and place of BEGINNING. HAVING THEREON ERECTED a one and one-half story brick and frame dwelling known as 6311 Basehore Road. Mechanicsburg, PA 17050. TRACT NO.2 ALL THAT CERTAIN piece or par- cel of land situate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and de- scribed as follows: BEGINNING at an iron pin on the western dedicated right-of-way of Salem Church Road at the dividing line between Lots Nos. 8 and 7, as shown on the hereinafter mentioned plan of lots; thence along the said dividing line between Lots Nos. 8 and 7, South 74 degrees 45 minutes West, a distance of 33.31 feet to an iron pin at corner of other lands of the Grantees herein; thence along said other lands of the Grantees herein, North 5 degrees 10 minutes 30 seconds East, a distance of 131.75 feet to a railroad spike on the western dedicated right-of-way line of Salem Church Road first mentioned above; thence along said western dedicated right-of-way line of Salem Church Road on a curve to the left having a radius of 1,378.14 feet, an arc dis- tance of 123.97 feet to an iron pin on the same at the dividing line between Lots Nos. 8 and 7 as shown on the hereinafter mentioned plan of lots, the place of BEGINNING. BEING Lot No. 8 as shown on the certain plan of lots entitled "Prelimi- nary-Final Subdivision Plan, Lyndale Industrial Park" as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylva- nia, in Plan Book 55, Page 139. BEING THE SAME PREMISES WHICH Ruth E. Keiser by deed dated 12/17/1999 and recorded 12/20/1999 in Cumberland County Deed Book 213, Page 539, granted and conveyed unto Kenneth S. Pearl and Mitzy M. Pearl. TO BE SOLD AS THE PROPERTY OF Mitzy M. Pearl and Kenneth S. Pearl on Judgment No.2008-01597. MAP NO. 10-20-1838-035. CONTROL NO. 10-5772. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which MIDFIRST BANK is the grantee the same having been sold to said grantee on the 9TH day of DEC A.D., 2009, under and by virtue of a writ Execution issued on the 16TH day of JUNE, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 1597, at the suit of MIDFIRST BANK against MITZY M PEARL & KENNETH S PEARL is duly recorded as Instrument Number 201001604. IN TESTIMONY WHEREOF, I have hereunto set my hand Uda.1 of said office this day of ?c/t c ®, A.D.Q?D Recorder of Deeds