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HomeMy WebLinkAbout09-103709 -- / 03? Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 717.234.4178 mtg@pkh.com MIDFIRST BANK Vs. Plaintiff &?L "' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHESTER A. LATCHFORD, JR. Defendant 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. CHESTER A. LATCHFORD, JR., Defendant CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff MIDFIRST BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CHESTER A. LATCHFORD, JR., Defendant ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is MIDFIRST BANK, a corporation whose address is 999 N.W. GRAND BOULEVARD OKLAHOMA CITY, OK 73118. 2. Defendant, CHESTER A. LATCHFORD, JR., is an adult individual whose last known address is 148 HENRY ROAD ENOLA, PA 17025. On or about, January 27, 2006, the said Defendant executed and delivered a Mortgage Note in the sum of $142,709.00 payable to NATIONS HOME MORTGAGE CORPORATION, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed, and delivered to Mortgage Electronic Registration Systems, Inc., a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1939, Page 631 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to MIDFIRST BANK and will be sent for recording. The said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 148 HENRY ROAD ENOLA, PA 17025 and is more particularly described in Exhibit "B" attached hereto. ' . ?? 9 • / 03 CIVIL ACTION - LAW 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on November 01, 2007 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $25.91 per day From 10/01/2007 To 03/01/2009 ( based on contract rate of 6.7500%) Accumulated Late Charges Late Charges $52.50 From 11/01/2007 to 03/01/2009 Escrow Deficit Attorney's Fee at 5% of Principal Balance TOTAL $140,115.69 $13,369.56 $741.90 $840.00 $3,475.64 $7,005.78 $165,548.57 "Together with interest at the per diem rate noted above after March 01, 2009 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of Intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him 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 Defendant written notice dated December 30, 2008, notifying him 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 December 30, 2008 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 6.7500% ($25.91 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. _ PURCELL, KRUG & Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) . MO N; Multistate NOTE MIN 100124173801270003 MFRS Phof : 1-888.878-8377 LOAN NO.: 350127000 JANUARY 27, 2005 (Date) 148 HENRY ROAD, E1ST Pe*=ORO TOWNSHIP, PA 17025 IFropeny Addrrssl 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means NATIONS HOME MORTGAGE OORPORATI Nit 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 ONEHUNDR® FORTY Two THOl1S11ND SEVEN HUNDR® NINEAND NO1100 X X X X X X X X X X X X X Dollars (U.S. S 142,709.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of SEX AND THREE Q(MRT19i5 percent ( 6.750 %) per year until the full 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 MARCH, 2008, . Any principal ami interest remaining on the first day of RNWARY, 2038 will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be nude at NATIONS HOME MORTGAGE CORPORATION 5 D(EIX=E CAMPUS, SLATE 300, CHOW HILL, NJ 08002 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. $ 925.61 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) AlIonge 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 Ailonge Growing Equity Allonge Other ]specify] 5. BORROWER'S RIOHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or In part, without charge or penalty, on the first dry of any month. Lender shall accept prepayment on other days provided (hat 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, time will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. PHA Multbu to Fixed Rate Note - ICIM fdu.\: VMRt R tozion.oz PW I of 2 LENDER SUPPORT SYSTH,ES, INC. NDTExx.NEW to+ I. bf 6. BORRORPR' S FXMURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount or FOUR percent ( 4.000 %) of the overdue amount of each payment. (8) Defmk 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 case of payment defaults, require immediate payment In full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights In the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when no permitted by HUD regulations. As used in this Noe, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Couch and Expenaea If Leader has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower Is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE if more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surely or endorser of this Note, Is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person Individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. S CBE OW, B cce and agrees to the terms and covenants contained in this Note. GRESI-ER A. LA i7 d ' -Bo rsower (real) -Borrower - (Seal) (Seal) -Borrower -Borrower -(Seal) (Seal) .Borrower Borrower - (Seal) (Seal) -Borrower -Borrower VMM R tonalm r.?. z of 2 "0" LMn ec?OOf"dNon MIENIOIM ALL that certain lot, piece or parcel of land, with the buildings and improvements thereon erected, and being in East Pennsboro Township, in the County of Cumberland, Commonwealth of PA: situate, described as follows: and All That Certain lot or piece of ground with the buildings, improvements, hereditaments and thereon erected, situate in the Township of East pennsboro, County of Cumberland, and State of Pappurtenances ennsylvania, bounded and described according to Plans thereof made by D.P. Raffensperger, Registered Surveyor, on November 17, 1955 and December 4, 1957, as follows: BEGINNING at a point on the northeasterly side of Henry Road (50 feet wide) measured the three following courses and distances along same from its intersection with the southeasterly side of Louis Lane (North)(60 feet wide): (1) extending from said point of intersection, South 21 degrees 22 minutes East, 20.05 feet tot point of curve; (2) on a line curving to the left having a radius of 235 feet, the arc distance of 101.03 feet to a point of tangent; and (3) South 46 degrees East, 232.74 feet to the point and place of BEGINNING. CONTAINING in front or breadth along the said side of Henry Road, 65 feet measured South 46 degrees East and extending of that width in length or depth northeastwardly between parallel lines at right angles to the said Henry Road, I 10 feet. BEING Lot No. 148 as shown on said Plans, and on the Plan of East Pennsboro Village, recorded in Cumberland County in Plan Book 9, Page 16. BEING Known as Parcel 09-13-1002-080. Commonly ]mown as 148 Henry Road. SA- f I b(?? Feb-10-09 09:35am From-MIDLAND MORTGAGE REFERRAL T-977 P.03/04 F-917 M idland M ortgage C o. I&V P.O. Box 26648 I d klalsom a C ivy, O klahout a Pilooe (800) 55Z-3000 Fax (405) 426-1739 NgNC OF WM = TO FORE MF- &M 4CC ELU&j5 WAN B& .e4NQE Q= SEMON jQ OF PEL(NSY LYAN & AQ' NO.6 O1 1974 DATE: 12/30/08 70116 1300 an 1333 b740-- TO: CHESTER A LA.TCHFORD JR V ? 148 H11=NRY RD ENOLA PA 17025 2137 P 's , - X 13 RE. MMC# 52585571 FKANAMM10 4417748053703 ?" ?? .... Dear Mortgagor(s): Midland Mortgagr Coit*=y is the holder of a Mortgage W a Note on the above prcuusca, or mortgne-servicing Agent for such holder. As of the date of this uottce, THE MORTGAGE IS IN DrL AULT STATUS because of non- payment of the following: Piymaiits, late charges, and advances from 11/01/07 through 32/30/08. The total amount now requited to cure the default, or in other words to get caught up on your payments, is $19,819.77. All payinents ref=d to in ihw notice ir?uSt be in the form of Cashier's or Certified Check made payable To Ivlidland Mongage Company and trust be received at: AlidWA4 Mortgage Company 110 Box 268888 Oklalto= City, OK 73126-8888 mot later than the dates and u=s specified hetaiu. In the event payment (as specified to the proceeding paragraph) is pat made WIMIN THMTY-TFWE (:13) DAYS from the date of this lemr, it is the iuteatiou of the bolder of the mortgage, through this company, to accelerate (decIm due raid payable ittuncduataly the eudre loan) qie rtlottgage oblzpuoa and all outer lawful charges and instruct our au=cy to institute MORTGAGT FORTCLO$tW PROCIESDING. (A) If you wish to CURE TIM DRFAFI.T within thirty-tbtaa (33) days from the date of rhis letter, you must pay the TOTAL AMOUNT DUE stated above, phis 4n adduiotud monthly incWinicat if paymout is made 4er the 1" day of the next monrb, plus an additional late charge if due at trine of playmem slid not =Wcd above. A I ATE CHA tGF is due with each mortgage payment that is paid morn thou fifteen (IS) days after the due date. Your currant monthly installment is $1,312.62. C Feb-10-09 09:36am From-MIDLAND MORTGAGE REFERRAL T-977 P.04/04 F-917 (13) if paytmit ax made AFTER 7=TY-THM (33) DAYS fr= tic data of this letter, but R>~MU FORECLOSURE PROCEEDING has been started, Ow amount yoo will have to pay will also include the regular monthly i smltaents and last charges then due, plus. if incurred, auy A'TTORNEY'S FEE OF NOT MORE THAN SM-00 aid any dine report costa, which amount can be obtaiind by contacting Midland Mdtttgage Company at 1-500-552-3000, extension 1799. AFTER FORECLOSURE PROCEEDING HAS BEEN STARTED, you have the right to STOP the foreclosure action tray time up to ONE (1) HOUR $Ti.FORE dw co merneenum of tho S#RAWF'S SALE by paying the coure atiount due at the time, which shall include all delagivear mstalkwins and unpaid late charges, together with REASONALiLS L8GA - FERS ACTUALLY INCURRED, cost and other sums relatcd to the foreclosure action, which amount cats be obtai=4 by convicting Midland Ma app Company at 1-900-552-3000. Sbould you FAIT. to wi state the loan as oudwd above, the itiortgage p wmsos will be SOLD AT SHERIFF'S SALT. which will take place approxhuately seven (7) to Clem (11) weeks following SERVICE of the Complaint in Mortgage Foreclosure, at which Time your OWNERSHIP interest in m.irtgaged premises will be TERMINATED, and thereafter, if occupied, proceedings will be taken to OBTAIN POSSESSION of the real estate. Yaw hove the nght to REFINANCE THE LOAN with anotbw lauding mstiTuri x or TRANSFER THE PROPERTY to anotlsa pmoi, audet and subject to tie existing mortgage. That person will have the SAME RIGHT TO CURE THE DEFAULT as you have, subject to ttu same Imitation and requircInmrs. You may CURE DEFAULTS up to three (3) tunes is any calendar year. Upon cure Of a 4afuuk yoq will be in else same position as if there had been NO DEFAULT. A default may be aired by ANYONE = your bchalf, p1m note that if the loan was iu default at the time Midland began servicing it, we are required to advise you that ibis comtnuuicatiou is from a debt collcam, this is au attempt to collect a debt, and any inforr cation obtamrd will be used for that purpose. Sincerely, Milland Mortgage Company Collection Departmant 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 F'ES IJ 2009 By Title-- V: c "?? o Ll\ N ?? v r? j.? ?.t - J SHERIFF'S RETURN - REGULAR CASE NO: 2009-01037 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIDFIRST BANK VS LATCHFORD CHESTER A JR STEVE 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 T TT/"UVnVn r1WVQ' W1D a TT? the DEFENDANT , at 0020:00 HOURS, on the 26th day of February-, 2009 at 148 HENRY ROAD ENOLA, PA 17025 by handing to DAWN LATCHFORD WIFE OF DEFENDANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 13.50 00 10.00 R. 'Thomas Kline .00 41.50 03/02/2009 PURCELL KRUG & HALLER By: -- day Deputy Sheriff A. D. CL. } CI p E ca. Q _ riV t V SHERIFF'S RETURN - REGULAR CASE NO: 2009-01037 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIDFIRST BANK VS LATCHFORD CHESTER A JR SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon OCCUPANT the DEFENDANT , at 0012:10 HOURS, on the 28th day of February-, 2009 at 148 HENRY ROAD ENOLA, PA 17025 by handing to DAWN LATCHFORD OCCUPANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 13.50 Affidavit .00 Surcharge 10.00 .00 29.50 Sworn and Subscibed to before me this day So Answers: 00, R. Thomas Kline 03/02/2009 PURCELL KRU ER By. Deputy Sheriff of A. D. t r E 1„ ! ? sr r 3 L Ck= 'f L! LL- ? ?"-JCL Lt_ C I% 0 N C? MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. CHESTER A. LATCHFORD, JR., DEFENDANT(S) CIVIL ACTION LAW NO. 09-1037 MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) CHESTER A. LATCHFORD, JR. for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid Principal Balance Interest Per diem of $25.91 From 10/01/2007 To 03/01/2009 Accumulated Late Charges Late Charges ($52.50 per month to 03/01/2009) Escrow Deficit 5% Attorney's Commission TOTAL $140,115.69 $13,369.56 $741.90 $840.00 $3,475.64 $7,005.78 $165,548.57 **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 & HALLER By Leon P. Haller P I.D. # 15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 P,?k_ 6`T Ch- 1,f P134 pxl- j- .? s 5 '-1 0.- MIDFIRST BANK, Vs. PLAINTIFF CHESTER A. LATCHFORD, JR., DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 09-1037 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on March 20, 2009 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 P I.D. # 15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Ak. RLEI + OF TNF u`-.` ^ " R, 20,99 MAY 2 1 P11 2: 23 -19 MIDFIRST BANK, VS. Plaintiff CHESTER A. LATCHFORD, JR. Defendant DATE OF THIS NOTICE: March 20, 2009 TO: CHESTER A. LATCHFORD, JR. 148 HENRY ROAD ENOLA, PA 17025 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1037 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 LEON P. HALLER, Attorney for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 2609 MAY 21 Fli 2: 23 D 1`a; 'i All, -v MIDFIRST BANK, vs. PLAINTIFF CHESTER A. LATCHFORD, JR., DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 09-1037 IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS: You are hereby notified that on 2n_o_4 91 , 9-&v? the following judgment has been entered against you in the above-captioned matter: $165,548.57 and for the sale and foreclosure of your property located at: 148 HENRY ROAD ENOLA, PA 17025 Dated: May 19, 2009 R T O 10TARY Attorney for Plaintiff: Leon P. Haller 1719 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4178 I hereby certify that the following person(s) and their respective addresses are the proper individuals to receive this Notice pursuant to PA R.C.P. No. 236 CHESTER A. LATCHFORD, JR. 148 HENRY ROAD ENOLA, PA 17025 MIDFIRST BANK, PLAINTIFF VS. CHESTER A. LATCHFORD, JR., DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 09-1037 MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) CHESTER A. LATCHFORD, JR. for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid Principal Balance Interest Per diem of $25.91 From 10/01/2007 To 03/01/2009 Accumulated Late Charges Late Charges ($52.50 per month to 03/01/2009) Escrow Deficit 5% Attorney's Commission TOTAL $140,115.69 $13,369.56 $741.90 $840.00 $3,475.64 $7,005.78 $165,548.57 "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 & HALLER By Leon P. Haller P I.D. # 15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. CHESTER A. LATCHFORD, JR., DEFENDANT CIVIL ACTION LAW NO. 09-1037 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed before me this day of 20?, :? j,.y 1??? '' ? I. ?1i-? `1? /^.?V V ry ? ?. ? .r 4(?Vr). (.` 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 09-1037 MIDFIRST BANK, VS. PLAINTIFF CHESTER A. LATCHFORD, JR., DEFENDANT(S) Total Judgment Amount $165,548.57 Interest $4,793.35 Per diem of $25.91 to sale date 9/2/2009 Late Charges $262.50 $52.50 per month to sale date 9/2/2009 Escrow Deficit $3,018.56 TOTAL WRIT $173,622.98 *Plus additional interest, late charges and other costs to date of sheriffs sale. SALE DATE: Wednesday, September 02, 2009 (PROTHONOTARY'S USE) Plt£ 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 19, 2009 Attorney for Plaintiff 1719 North Front Street Leon P. a ler Harrisburg, PA 17102 PA I.D. #15700 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: SS 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 148 HENRY AD ENOLA, PA 17025 Date: P OTHONO C CIVIL DIVISION BY DEPUTY RLE vl'FIVE OF THE: OTARY 20 09 KAY 21 1 H 2: 24 ?0a . or,,, 2 ,1. "0 t12_ ry813g f3.F "78.sv At. ,2 y; uv ?9, sv " d. n? . 0/ 9 0 , ALL that certain lot or piece of ground with the buildings, improvements, hereditaments and appurtenances thereon erected, situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described according to Plans thereof made by D.P. Raffensperger, Registered Surveyor, on November 17, 1955 and December 4, 1957, as follows: BEGINNING at a point on the northeasterly side of Henry Road (50 feet wide) measured the three following courses and distances along same from its intersection with the southeasterly side of Louis Lane (North) (60 feet wide): (1) extending from said point of intersection, South 21 degrees 22 minutes East, 20.05 feet to a point of curve; (2) on a line curving to the left having a radius of 235 feet, the arc distance of 101.03 feet to a point of tangent; and (3) South 46 degrees East, 232.74 feet to the point and place of BEGINNING. CONTAINING in front or breadth along the said side of Henry Road, 65 feet measured South 46 degrees East and extending of that width in length or depth northeastwardly between parallel lines at right angles to the said Henry Road, 110 feet. BEING Lot No. 148 as shown on said Plans, and on the Plan of East Pennsboro Village, recorded in Cumberland County in Plan Book 9, Page 16. HAVING thereon erected a split level single dwelling house known as 148 Henry Road, Enola, PA 17025. PARCEL NO.: 09-13-1002-080. UNDER AND SUBJECT, NEVERTHELESS, to certain conditions and restrictions as now appear of record. BEING THE SAME PREMISES WHICH Douglas J. Wagner and Marion M. Wagner by deed dated 5/20/01 and recorded 05/29/01 in Cumberland County Record Book 245, Page 404, granted and conveyed unto Chester A. Latchford. TO BE SOLD AS THE PROPERTY OF CHESTER A. LATCHFORD, JR. ON JUDGMENT NO. 09-1037 40 MIDFIRST BANK, VS. PLAINTIFF CHESTER A. LATCHFORD, JR., DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 09-1037 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 148 HENRY ROAD ENOLA, PA 17025: Name and address of the Owner(s) or Reputed Owner(s): CHESTER A. LATCHFORD, JR. 148 HENRY ROAD ENOLA, PA 17025 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): Ameri-First Home Improvement Finance Co. 4405 South 96`x' Street Omaha, NE 68127 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 owt A 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 148 HENRY ROAD ENOLA, PA 17025 DAWN LATCHFORD 148 HENRY ROAD ENOLA, PA 17025 (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 subje t to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Leon P. Haller P #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: May 19, 2009 OT NRY MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. CHESTER A. LATCHFORD, JR., DEFENDANT(S) TAKE NOTICE: CIVIL ACTION LAW NO. 09-1037 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 02, 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: 148 HENRY ROAD ENOLA, PA 17025 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 09-1037 JUDGMENT AMOUNT $165,548.57 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: CHESTER A. LATCHFORD, JR. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL 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 ALL that certain lot or piece of ground with the buildings, improvements, hereditaments and appurtenances thereon erected, situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, bounded and described according to Plans thereof made by D.P. Raffensperger, Registered Surveyor, on November 17, 1955 and December 4, 1957, as follows: BEGINNING at a point on the northeasterly side of Henry Road (50 feet wide) measured the three following courses and distances along same from its intersection with the southeasterly side of Louis Lane (North) (60 feet wide): (1) extending from said point of intersection, South 21 degrees 22 minutes East, 20.05 feet to a point of curve; (2) on a line curving to the left having a radius of 235 feet, the arc distance of 101.03 feet to a point of tangent; and (3) South 46 degrees East, 232.74 feet to the point and place of BEGINNING. CONTAINING in front or breadth along the said side of Henry Road, 65 feet measured South 46 degrees East and extending of that width in length or depth northeastwardly between parallel lines at right angles to the said Henry Road, 110 feet. BEING Lot No. 148 as shown on said Plans, and on the Plan of East Pennsboro Village, recorded in Cumberland County in Plan Book 9, Page 16. HAVING thereon erected a split level single dwelling house known as 148 Henry Road, Enola, PA 17025. PARCEL NO.: 09-13-1002-080. UNDER AND SUBJECT, NEVERTHELESS, to certain conditions and restrictions as now appear of record. BEING THE SAME PREMISES WHICH Douglas J. Wagner and Marion M. Wagner by deed dated 5/20/01 and recorded 05/29/01 in Cumberland County Record Book 245, Page 404, granted and conveyed unto Chester A. Latchford. TO BE SOLD AS THE PROPERTY OF CHESTER A. LATCHFORD, JR. ON JUDGMENT NO. 09-1037 THE 2009 KW 21 f' 2: 214 clu. ?, . ". I T ?r WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-1037 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDFIRST BANK Plaintiff (s) From CHESTER A LATCHFORD JR 148 HENRY ROAD ENOLA PA 17025 (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$165,548.57 L.L.$0.50 Interest $ 4,793.35 PER DIEM OF $25.91 TO SALE DATE 9/2/2009 Atty's Comm % Atty Paid $190.00 Due Prothy $2.00 Other Costs LATE CHARGES $262.50 $52.50 PER MONTH TO SALE DATE 09/02/2009 Plaintiff Paid Date: MAY 21, 2009 (Seal) ESCROW DEFICIT $3,018.56 Curtis R. Lon on By: Deputy REQUESTING PARTY: Name LEON P HALLER ESQ Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-2344178 Supreme Court ID No. 15700 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-1037 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDFIRST BANK Plaintiff (s) From CHESTER A LATCHFORD JR 148 HENRY ROAD ENOLA PA 17025 (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$165,548.57 L.L.$0.50 Interest $ 4,793.35 PER DIEM OF $25.91 TO SALE DATE 9/2/2009 Atty's Comm % Atty Paid $190.00 Due Prothy $2.00 Other Costs LATE CHARGES $262.50 $52.50 PER MONTH TO SALE DATE 09/02/2009 Plaintiff Paid Date: MAY 21, 2009 (Seal) ESCROW DEFICIT $3,018.56 Curtis R. Lo no ry By: Deputy REQUESTING PARTY: Name LEON P HALLER ESQ Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-2344178 Supreme Court ID No. 15700