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HomeMy WebLinkAbout11-5316THE PROTHONOTARY Leon P. Haller, Esquire 2011 JUN 28 AM 4-' 33 Purcell, Krug & Haller 1719 North Front Street CUMBERLAND COUNTY Harrisburg, PA 17102 PENNSYLVANIA 717.234.4178 mtg@pkh.com MIDFIRST BANK IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA vs. I _ S 3 6 CIVIL ACTION - LAW DENISE L. SMITH ACTION OF MORTGAGE FORECLOSURE Defendant 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 RAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y 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 $9,?,vvp,?a?/l e r-I 16 e vyy Aft a-6///0 MIDFIRST BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. DENISE L. SMITH, 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. -S3 / L CIVIL ACTION - LAW DENISE L. SMITH, ACTION OF MORTGAGE FORECLOSURE Defendant COMPLAINT IN MORTGAGE FORECLOSURE 1. The Plaintiff is MIDFIRST BANK, a corporation, acting through its servicer, Midland Mortgage Co., whose address is 999 N.W. GRAND BOULEVARD OKLAHOMA CITY, OK 73118. 2. The Defendant, DENISE L. SMITH, is an adult individual whose last known address is 837 CHARLOTTE WAY, ENOLA, PA 17025. 3. On or about, December 30, 2004, the Defendant executed and delivered a Mortgage Note in the sum of $82,989.00 payable to GMAC 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, the Defendant made, executed, and delivered to Mortgage Electronic Registration Systems, Inc. as Nominee for GMAC Mortgage Corporation, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth on January 3, 2005 in Mortgage Book 1893, Page 814 conveying to original Mortgagee the subject premises. On October 14, 2009, the Plaintiff and Mortgage Electronic Registration Systems, Inc. as Nominee for the Plaintiff and the Defendant executed a Loan Modification Agreement changing the amount of the Unpaid Principal Balance to $77,989.01, changing the monthly payment amount and changing the Maturity Date. The Loan Modification Agreement was recorded September 24, 2010 as Instrument Number 201026821. The Mortgage was subsequently assigned to MIDFIRST BANK and will be sent for recording, which Assignment is attached hereto and marked Exhibit "B". The said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 837 CHARLOTTE WAY, ENOLA, PA 17025 and is more particularly described in Exhibit "C" attached hereto. 6. The Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that the Mortgagor has failed to pay the installment due on December 01, 2010 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $13.24 per day From 11/0 1 /2010 To 07/01/2011 ( based on contract rate of 6.0000%) Accumulated Late Charges Good through 07/01/2011 Escrow Deficit Corporate Advance Suspense Credit Attorney's Fee at 5% of Principal Balance TOTAL $79,456.56 $3,178.24 $168.93 $11.70 $138.00 ($371.95) $3,972.83 $86,554.31 **Together with interest at the per diem rate noted above after July 01, 2011 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. Notice of intention to foreclose and to accelerate the loan balance was sent to the Defendant by letter dated April 15, 2011 as required by Pennsylvania Act No. 6 of 1974, as amended. A copy of the April 15, 2011 Act 6 Notice is attached hereto and marked Exhibit "D". 9. 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. 10. The Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring her within the Soldiers and Sailors Relief Act of 1940, as amended. A copy of the website report from the Department of Defense Manpower Data Center, confirming non-active military duty is attached as Exhibit "E". WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 6.0000% ($13.24 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: I - P RCELL, KR G & HALLER on P. Haller, Esquire I.D. # 15700 Jill M. Wineka I.D. #58802 Attorneys for Plaintiff 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) ..11k December 30, 2004 [Date] Multistate LOAN NO: 575492608 F837 Charlotte Way, Enola, PA 17025 PARTIES [PrWrty Addreal 1. "Borrower" means each person signing at the end of this No}?, and the person's successors and assigns. °Lender^ means fff COPY NOTE GMAC Mortgage Corporation 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 Eighty Two Thousand Nine HundreJ Eighty Nine and 00/100 Dollar; (U.S. $ 82, 989.00 ), 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 Six and 00/100 percent ( 6.000 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 February 1 2005 . Any principal and interest remaining on the first day of January 2035 , will be due on that date, which is called the maturity date. (B) Place Payment shall be made at P.O. Box 780, Waterloo, IA 50702-0780, ATTN: Payment Processing 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. $ 4 97.57 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 Allonge ? Growing Equity Allonge ? Other [specify] 5. BORROWER'S RIGHT 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 day of any month. Lender 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 maims a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 6. BORROWER'S FAILURE 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 of Four and 00/100 percent ( 4 . 000 each payment, %) of the overdue amount of (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 case of payment defaults, require immediate payment in full of the principal balance remaining due and all accred 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 require immediate payment in full in the case of Secretary will limit Lender's rights to permitted b HUD payment defaults. This Note does not authorize acceleration when not by regulations. As used in this Note, 'Secretary' means the Secretary of Housing and Urban Development or his or her designee. GMACM - FNM-0085-FIX (9603) 278759365 Pape 1 of 2 Rote Note Inhials;. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorney's 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. S. 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, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person 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. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenan co ed in this Note. (Seal) Denise L Smith -Borrower PAY TO THE ORDER OF (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower [Sign Original Only] WITHOUT RECOURSE D. Chiodo Limited Signing Officer Acting Agent for GMAC MORTGAGE CORPORATION GMACM - FNM.0085.FIX (8003[ r , r Pspe 2 of 2 ,4 , Prepared by and Return to: Heather Brandenburger MidFirst Bank 2730 North Portland Oklahoma City, OK 73107 Loan # 53448549 MIN No. 100037505754926080 ASSIGNMENT OF MORTGAGE FOR VALUE RECEIVED, Mortgage Electronic Registration Systems, Inc., acting solely as nominee for GMAC Mortgage Corporation, 1901 E. Voorhees Street, Suite C, Danville, IL 61834, (hereinafter called the "Assignor"), does hereby grant, convey, assign, transfer and set over to MidFirst Bank, A Federally Chartered Savings Association, 999 NW Grand Blvd., Suite 100 Oklahoma City, OK 73118, (hereinafter called the "Assignee"), its successors and assign's, all to the Assignor's rights, title and interest in and to: 1. The Promissory Note (herein called the "Note"), evidencing the indebtedness secured by the Mortgage/Deed of Trust. 2. The Mortgage dated 12/30/04, executed by Denise L. Smith, to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for GMAC Mortgage Corporation, recorded on 01/03/05 in Book 1893, Page 0814, modified on 10/14/09, recorded as Instrument No. 201026821, on 09/24/10, in the Office of the Recorder, Cumberland County, State of Pennsylvania, and covers the following real property and all improvements: Mortgage Amount: $82,989.00 Property Address: 837 Charlotte Way, Enola, PA 17025 Parcel Number. 09122992001AU283761 Legal Description: See Attached for Legal Description. In Witness Whereof, the undersigned corporation has caused this instrument to be executed -1 day of June, 2011. ATTEST: Mortgage Electronic Registration Systems, Inc., aq0ag'1-Wgy as nominee for GMAC Vice Pi*"nt / v Bette Garver STATE OF OKLAHOMA COUNTY OF OKLAHOMA On this -1 day of June, 2011, before me, a Notary Public, in and for said county, personally appeared Bette Garver, to me personally known, who being by me duly sworn did say that she is the Vice President of Mortgage Electronic Registration Systems, Inc., acting solely as nominee for GMAC Mortgage Corporation, and that the within instrument was signed on behalf of said corporation by authority of its Board of Directors, and that they acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, executed for the uses and purposes set forth. In testimony whereof; I have hereunto set my hand and official seal this 7 day of June, 2011. a`?owWnw,,,1?r #20 ';qRI0-RIP\ S" 1# 10DIW51 'I i EXP. 72/U2114¢ ¢, S. Ward Notary Public P'ro ?ryy?hhOn um„0`.140 My Commission Expires: 12/02/2014 I do hereby certify that the address of the assignee is: MidFirst Banks, 999 NW Grand Blvd., Suite 100 Oklahoma City, OK 73118 L Sarah Fonseca ALL THAT CERTAIN Unit in the property known, named and identified in the Declaration Plan referred to beIQW as Westwood•Vlllape Condominium, located to East PpnnWoro Township. Cumberland County, Commonwealth of Pennsylvania, Which as heretofore been submitted to the provisions of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 196, by the recording in the office of the Recorder of Deeds of Cumberland Count, Penneylvenle, of a Declaration Creating and Establishing Westwood Village Condominium, dated January 29, 1076 and recorded January 29, 1976, in Misc, Book 213, Pgas 283, and amended by a certeln Fist Amendment to Declaration Creating and Establishing Westwood Vlllaeg Condominium, dated May 28, 1976 and recorded June 22, 1976 In Mlso. Book 222, Page 729, and a certain Second Arnandmant to Declaration Creating and Establishing Westwood Village Condominium, dated July 21, 1976 and recorded July 28, 1978 In Misc. Book 223, Pape 343. and a certain Third Amendment to Declaration Creating and Establishing Westwood Village Condomiminum, dated June 8. 1978 and recorded June 23, 1078 M Misc. Book 238, Page 225, and a certain Fourth Amendment to Declaration Creating and Establishing Westwood Village Condominium, dated June 13, 1970 and recorded June 23, 1078 In Mist, Book 238, pope 250, and a oertain Fifth Amendment to Declaration Creating and 6" Ming Westwood Village CorldomIntum, doted January 0,1g79.aftd reCadad June 23;1979 In Misc. Book 240, Page 884, and a certain Sbdh Amendment to Declaration Creating and Establishing Westwood Villoge Condominium, dated March 1, 1979 and recorded March 12, 1979 In Mize. Book. 241. Page 836, and a certain Seventh Amendment to Declaration Creating Establishing Westwood Village Condominium, dated November 8, 1979 and recorded November 27, 1070 In Misc, Book 245, Pe? pe.320, and a certain Elghth Amendment to Declaration Cmating and EetablieNng Westwood Village Condomkthut%%dated September 14, 1982 and recorded December 14, 1982 In Misc. Book 282, Page 323, and a oertaln Ninth Amendment to Declaration Creaitna and Establishing Westwood Village Condominium, dated November 28, 1988 and recorded in Mist Book 383, Page 789. and a certain Tenth Amendment to Declaradon Creaft and Establishing Westwood V111 Condominium. dated January 27. 1987 and recorded January 28,18671n Mac. gook 320. Pape 681, and a Code of Regulations of Westwood VMsge Condominium, dated January 29,1975 and recorded In Mism Book 213, Page 320, and amended to a certain Flat Amendment to Declaration Creating and Establishing Westwood Vie Condominium dated May 28, 1878 and recorded June 22, 1070 in Misc. Book 222, Page 737 and Dedaralon Plan of Westwood Viliege Condominium dated January 29. 1976 and recorded January 29, 1675 M Plan Book 2a, Page 15. and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium; dated July 21, 1070 and recorded July. 26, 1976 in Plan Book 26, Page 72, and amended by a certain Second AwmWment to DeohmWon Plan of Westwood Village Condominium, dated June 16, 1978 and recorded June 23. 10Y8 in Plan gook 33, Pape 28, and amended by a certain Third Amendment to Declaration Plan of Wasmooa Village Condominium, dated January 9. 1979 and recorded January 23, 1079 In Plan boc* 34. Pfrge 100. WA annded by a cortaln Fourth Amendment Declaration Plan of Westwood Village Condominium, dated March 1, 1070 and recorded March 12, 1979 In Plan Book 36, Page 3, and amended by a .certain Ffffh Amendment to Deciamtlon Plan of Westwood Village Condominium, dated November 0, 1970 and recorded November V, 1979 in Plan Book 37, page 7, end amended by a pertain Sbdh Amendment to Declaration Plan of Westwood Village Dondominturrk dated January 26, 1987 in Plan Book 62, Page 41, being designated on sold Declaration of Waelwood Village Condominium as Unit N. L81.T2A, Buk" 2, (also referred to on the T4mIh Amendment" Building 14), Block 4, known as 837 Charlotte Way. Endo, East Penneboro Township, Cumberland County, Pennsyhrenia. as more fully described in such Declaration Plan and Declaration Cresting and Estsblishkrg Westwood Village Condominium. as the some appears of record as set forth above. including any emandments thereto, TOGETHER with a proportionate undivided interest in the Common Elements (as deftned in such Declaration), of 0.839%. CKA Midland Mortgage Co. Delinquency Assistance Center A&VP.O. Box 26648, Oklahoma City, OK 73126 • Phone (800) 552-3000 04/15/11 ***REV**4.41 *** DENISE L SMITH 837 CHARLOTTE WAY ENOLA PA 17025-1548 RE: 837 CHARLOTTE WAY ENOLA PA 17025-0000 Loan Number 0053448549 Dear Mortgagor: 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, THE MORTGAGE IS IN DEFAULT STATUS because of non-payment of the following: payments, late charges, and advances from 12/01/10 through 04/01/11 The total amount now required to cure the default (or in other words, to get caught up on your payments) is $3257.89. All payments referred to in this notice must be in the form of Cashier's or Certified Check made payable to Midland Mortgage Co. and must be received at the expedited payment processing address on your coupon book not later than the dates and times specked herein. In the event that 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 MORTGAGE FORECLOSURE PROCEEDING. (A) If you wish to CURE THE DEFAULT within thirty (30) days from the date of this letter, you must pay the TOTAL AMOUNT DUE stated above, plus an additional monthly installment if payment is made after the 1" day of the next month, plus an additional late charge if due at time of payment and not included above. A LATE CHARGE is due with each mortgage payment that is paid more than fifteen (15) days after the due date. Your current monthly installment is $603.33. (B) If payment is made AFTER THIRTY (30) DAYS from the date of this letter, but BEFORE FORECLOSURE PROCEEDINGS have 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 ATTORNEY'S FEES OF NOT MORE THAN $50.00 and any title report costs, which amount can be obtained by contacting Midland Mortgage Co. at 1-800-552-3000, extension 1799. AFTER FORECLOSURE PROCEEDINGS HAVE STARTED, you have the right to STOP the foreclosure action at any time up to ONE (1) HOUR BEFORE the commencement of the SHERIFF'S SALE by paying *If you have received a bankruptcy discharge of the debt secured by the Mortgage/Deed of Trust or you are currently in bankruptcy under the protection of the automatic stay, this letter is not an attempt to collect the debt, but any default will need to be cured to avoid foreclosure. If your loan was in default at the time Midland began servicing it and you have not filed bankruptcy or received a discharge of the debt secured by the Mortgage/Deed of Trust, we are required to advise you that this communication is from a debt collector, this is an attempt to collect a debt, and any information obtained 'll be used for that purpose. ?b i D,'! Midland Mortgage Co. Delinquency Assistance Center P.O. Box 26648, Oklahoma Gty, OK 73126 • Phone (800) 552-3000 the entire amount due at the time (which shall include all delinquent installments and unpaid late charges, together with REASONABLE LEGAL FEES ACTUALLY INCURRED, costs and other sums related to the foreclosure action, and 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 SHERIFF'S SALE, which will take place approximately seven (7) to eleven (11) weeks following SERVICE of the Complaint in Mortgage Foreclosure, at which time your OWNERSHIP interest in the mortgaged premises will be TERMINATED, and thereafter, if occupied, proceedings will be taken to OBTAIN POSSESSION of the real estate. You have the right to REFINANCE THE LOAN with another lending institution or TRANSFER THE PROPERTY to another person, under and subject to the existing mortgage. That person will have the SAME RIGHT TO CURE THE DEFAULT as you have, subject to the same limitations and requirements. You may CURE DEFAULTS up to three (3) times in any calendar year. Upon cure of a default you will be in the same position as if there had been NO DEFAULT. A default may be cured by ANYONE on your behalf. It is important that you call our office as soon as possible to discuss the options available to you. Our Loan Counselors may be reached toll-free at 1-800-552-3000, Monday through Friday, 8:00 a.m. to 9:00 p.m. (Central Time). Sincerely, Delinquency Assistance Center Midland Mortgage Co. Loan Number 0053448549 *If you have received a bankruptcy discharge of the debt secured by the Mortgage/Deed of Trust or you are currently in bankruptcy under the protection of the automatic stay, this letter is not an attempt to collect the debt, but any default will need to be cured to avoid foreclosure. If your loan was in default at the time Midland began servicing it and you have not filed bankruptcy or received a discharge of the debt secured by the Mortgage/Deed of Trust, we are required to advise you that this communication is from a debt collector, this is an attempt to collect a debt, and any information obtained will be used for that purpose. COMPANY NAME: MORTGAGE CO. as servicer for MIDFIRST BANK VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct upon my personal knowledge and upon information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated -p f? By Title FY)r6flDSU.he W ria6 vJ - PAW 11YMM(V9610 W6 . Request for Military Status , Department pf Defense Manpower Data Center 'Military Sfiatusliepbrt , , .'' Pursuant to the Service lbtembeYs Civil Relief Act , Page 1 df 2 -May-26-2011 12;52-17 ,'ast First/Middle Begin Date Active Il?tity'Statas Active Duty Date Se ' tce `°? ?' Name Based on the information you have fiunished,.tlie D : C does not po ' SMITH DENISE L '. an information i4dic4' the individual status: Upon searching the itiformation;data banks of t'qe Department ofei'ense Manliower Data Center, based on the information that you provided, the dbove, is the Wrrdnt status of the individual as to 'all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Fbrce, NOAA, Public Health, and Coast Guard). mary:M.*'Snavely,-Dixon,,Director , . epa?rtment of Defense = ,Manpower Dati'a Enter 44 i Opd Mffll$oni B1vd?; Suite 400' liigtou;;VA 2209-2593 4 ' ?. , f b6 befense Manpow'gt.Data Center•(D11 DC) ia, an orgaai? onlofthe Department of,Defensetthat I rnairitalns the Defense Enoieit a?} i?hg'#iiliiy,t?poititrg`Sy?stem',(DLER?, database whiehis tue $'ffit ial soiiiree'bf data';on Oigibil ity for tnilitary;ffi4cal care! an$ •btbi e4gittilityV gystetns. A The PoD,stongly supports tkielenfforcement ofthe S{en,+fceiem`lersivil belief Act (SU`USG App.;§§ 501 et seq,eas ainencled)'(SCRA) ormerly lcnownAi the 4oldier§'' ind Sailors' Ci?u}'1•I?elief,$ct of f940):' JJC has. issued, hundreds of thqusand0'ofs,'dogs not,po any:aformation,-d&gAtWg that,the dividu<al is (current y on' dive duty;' r'es 3nses,}anci,lias eeri`enudad asfi`n 11 V rok rate. In fide eYent the 'l r `efer ' "a nor reiiresontative asseiUiiany manhe'r'that , met, fri'bf, ;. individua tl a ?individ is do ?eed? active duty or , or any`isfemily otherwise' entitled to the protections of?the SCRA,• you are strongly engouraged to obtain further verification, of the lierson's status by contacting t1W persdds Sdrvice'via the deferi'selink.mil" URL hW://www defenselink "mi1!faa/u3S1 !QO 9 1. W you, hift evidence the . pion is on active duty aW..you fail to obta!6 this additional Service verificationpunitive provisiotis`of the SCRA may be invoiced against you. See 50 USC App.'4521(e).' If you. obtain. additional, information about the person (e.g., an SSN; improved accuracy of DOB, a rhiddle name)I,.ypp can••submit your request again at this Web site'.and we will provide a new certificate for'that query. -This response reflects active duty status including date the individual was last on active duty, if it was *ftiain the preceding 367 days. For historical information, please contact the Service SCR, points-of' . . contact.... ' 5/26/201 https://www.dmde.osd.miYaOpi/sore popr8o6r .d • ? ? r 1 Requdst,for Military , Status >yacge 26f2 1{fo,re information on "Active Duty 'Stfttus" .. ' Aetive duty status as xepo#t d h this bettificate is defffied in accordance with 10 USC~ § 101(d)(1) for a'• period of more than'30-cons0ui V.e days:. .4he'ca, -of a member of the National Gg#d,'ittclud®s,.' j service under a call to'active sdryice authorized by the Presldt* or, the Secretsiy b f Defense fgr•' a period o>i imrethan 30 consecutive days under 32 USC § 502(1) for purposes of responding to a•iiationa emergency declared by. the President 'and suppoited by Federal fimds. All Active Guard Reserve. (AGk) rnemb'ers must be assigned-against an authorized mobilization position in the unit. they support. This includes Navy TARS, Marine Corps ARs and Coast Quaid I,tPAs. 'Active Duty status also applies to a Urniformed 'Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Vnder the-SCRA is Broader in Some Cases' Coverage under the SCRA is broader in some cases and includes some categories of persona on active duty for purposes' of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would.'extend SERA 'Protections. Persons seeking to rely on this website certification should check to make sure the orders on Which SCRA protections are based have not been amended to extend the inclusive dates of servicd. . Furthennore, some protections of the SCRA may extend to persons who have received orders to report fqr active duty or to be inducted, but who have not actually begun active duty or actually reported fbr ' ihduotion.''Fh , I ast Date, on Active Duty entry is important because a numbdr of pmteotions of SCRs; extend beyond the last dates. of,active'diity: Those who: would rely 6a this certific#te 66 uxg?d to seek qualifie . gal e6-4nsel to erisute that,a i rights guaranteed to Service members under:the SCR:?1 are grdtected.. WARNING: This certificate was'provided based.on a namerannd SSN paovidedtby.the?`equester: - . Providing. an erroneous name or SSN will cause an. erroneous, edrtihoate to be-provided. Report•ID:TM- R9GAJOH https://www.dmde.odd.miVappj/scra/popreport.do SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy FILED~OF'F (CE CAF THE PROTHONOTARY 2011 JUL I I AM It: 23 Richard W Stewart Solicitor Midfirst Bank vs. Denise L. Smith OFF . CUM13ERNLANDVA COUNTY Case Number 2011-5316 SHERIFF'S RETURN OF SERVICE 07/05/2011 08:57 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on July 5, 2011 at 2057 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Denise L. Smith, by making known unto herself personally, at 837 Charlotte Way, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. * a vm A 0 ij ? %.Ul gj? A ANDA COBAUGH, D TY 07/06/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Occupant of 837 Charlotte Way, Enola, Pennsylvania 17025, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Occupant. Request for service at 837 Charlotte Way, Enola, Pennsylvania 17025 is only occupied by Denise L. Smith. SHERIFF COST: $74.00 July 06, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF !c C-a-ySudn Shen+t. Inc. MIDFIRST BANK, IN THE COURT OF COMMON PLEAX_- ? PLAINTIFF CUMBERLAND COUNTY, PENNSnNIc -W r r, r Cam ? © ?qy VS. CIVIL ACTION LAW ?- ? CD Y j DENISE L. SMITH, NO. 11-5316 a DEFENDANT(S) co _i MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) DENISE L. SMITH 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 $79,456.56 Interest $3,178.24 Per diem of $13.24 From 11/01/2010 To 07/01/2011 Accumulated Late Charges $168.93 Corporate advance $138.00 Escrow Deficit $11.70 Suspense Credit -$371.95 5% Attorney's Commission $3,972.83 TOTAL $86,554.31 "Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG & By / LHaller PA I.D. # 15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 w1t'1 '?-% awc0% .a MCL?1 (? MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA Vs. DENISE L. SMITH, CIVIL ACTION LAW NO. 11-5316 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on August 5, 20111 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. By - Leon P. Hallerof% I.D. # 15700 Attorney for^aintiff Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 DEFENDANT(S) MIDFIRST BANK, I IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. DENISE L. SMITH Defendant DATE OF THIS NOTICE: August 5, 2011 TO: DENISE L. SMITH 837 CHARLOTTE WAY ENOLA, PA 17025 NO. 11-5316 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 QkA h) - ) ?,,, j ti Jill . Wineka ID 58802 Leon P. Haller ID # 15700 Attorneys for Plaintiff 1719 North Front Street Harrisburg, Pa. 17102 717-234-4178 MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION LAW NO. 11-5316 DENISE L. SMITH, DEFENDANT IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed before me this day of ? 20 LEON P. LER, ESQUIRE N P is COMMONWEALTH F PENNSYLVANIA NOTARIAL SEAL MARYLAND K. FERRETTI, Notary Public Lower Paxton TWP., Dauphin County My CommWon Expirn Aug. 8, 2014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW AT NO. 11-5316 MIDFIRST BANK, Total Judgment Amount $86,554.31 PLAINTIFF Interest $2,078.68 Per diem of $13.24 to sale vs. date 12/7/2011 DENISE L. SMITH, Escrow Deficit $2,000.00 DEFENDANT(S) TOTAL WRIT $90,632.99 *Plus additional interest, late charges and other costs to date of sheriffs sale. SALE DATE: Wednesday, December 07, 2011 (PROTHONOTARY'S USE) Plt£ Paid Deft. Paid Due Proth/Clerk c ?- _ Other Costs rrI Ca cn PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOS TO THE PROTHONOTARY/CLERK OF SAID COURT: =c =a 5;c= Issue Writ of Execution in the above caption case. --- i Date: August 25, 2011 Attorney for Plaintiff 1719 North Front Street P. Haller Harrisburg, PA 17102 _PA I.D. # 15700 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above capt sell the property described in the attached description known as 837 jD?ate: 6) 7 y.60 c12 r- Ci a. 0a << y l'A. OD uN a.sv^ I a.-, ?9b_' W-a-t PROTHONOTAR BY C??f- 170d Sy ? ?1? Moog c-? w C) -?a CZ) G -? C) r? you are dir ed to levy upon and TTE W ENOLA, PA 17025 CIVIL DIVISION w?, f ! (? Z?rued ALL THAT CERTAIN Unit in the property known, named and identified in the Declaration Plan referred to below as Westwood Village Condominium, located in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, which has heretofore been submitted to the provisions of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 196 by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975 and recorded January 29, 1975, in Misc. Book 213, Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 28, 1976 and recorded June 22, 1976 in Misc. Book 222, Page 729, and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium, dated July 21, 1976 and recorded July 26, 1976 in Misc. Book 223, Page 343, and a certain Third Amendment to Declaration Creating and Establishing Westwood Village Condominium, dated June 9, 1978 and recorded June 23, 1978 in Misc. Book 236, Page 225, and a certain Fourth Amendment to Declaration Creating and Establishing Westwood Village Condominium, dated June 13, 1978 and recorded June 23, 1978 in Misc. Book 236, Page 250, and a certain Fifth Amendment to Declaration Creating and Establishing Westwood Village Condominium, dated January 9, 1979 and recorded January 23, 1979 in Misc. Book 240, Page 884, and a certain Sixth Amendment to Declaration Creating and Establishing Westwood Village Condominium, dated March 1, 1979 and recorded March 12, 1979 in Misc. Book 241, Page 836, and a certain Seventh Amendment to Declaration Creating and Establishing Westwood Village Condominium, dated November 8, 1979 and recorded November 27, 1979 in Misc. Book 249, Page 323, and a certain Eighth Amendment to Declaration Creating and Establishing Westwood Village Condominium, dated September 14, 1982 and recorded December 14, 1982 in Misc. Book 282, Page 323, and a certain Ninth Amendment to Declaration Creating and Establishing Westwood Village Condominium, dated November 28, 1986 and recorded in Misc. Book 333, Page 769, and a certain Tenth Amendment to Declaration Creating and Establishing Westwood Village Condominium, dated January 27, 1987 and recorded January 28, 1987 in Misc. Book 329, Page 561 and a Code of Regulations of Westwood Village Condominium, dated January 29, 1975 and recorded January 29, 1975 in Misc. Book 213, Page 328, and amended to a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 28, 1976 and recorded June 22, 1976 in Misc. Book 222, Page 737, and Declaration Plan of Westwood Village Condominium dated January 29, 1975 and recorded January 29, 1975 in Plan Book 26, Page 15, and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976 and recorded July 26, 1976 in Plan Book 28, Page 72, and amended by a certain Second Amendment to Declaration Plan of Westwood Village Condominium, dated June 16, 1978 and recorded June 23, 1978 in Plan Book 33, Page 28, and amended by a certain Third Amendment to Declaration Plan of Westwood Village Condominium, dated January 9, 1979 and recorded January 23, 1979 in Plan Book 34, Page 100, and amended by a certain Fourth Amendment Declaration Plan of Westwood Village Condominium, dated March 1, 1979 and recorded March 12, 1979 in Plan Book 35, Page 3, and amended by a certain Fifth Amendment to Declaration Plan of Westwood Village Condominium, dated November 8, 1979 and recorded November 27, 1979 in Plan Book 37, Page 7, and amended by a certain Sixth Amendment to Declaration Plan of Westwood Village Condominium, dated January 26, 1987 and recorded January 28, 1987 in Plan Book 52, Page 41, being designated on said Declaration of Westwood Village Condominium as Unit No. L61.T2A, Building 2 (also referred to on the Tenth Amendment as Cumberland County, Pennsylvania, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record set forth above, including any amendments thereto. TOGETHER with a proportionate undivided interest in the Common Elements (as defined in such Declaration), of 0.539%. UNDER AND SUBJECT to conditions, easements and restrictions of record and as contained in Record Book 266 Page 4893. HAVING THEREON ERECTED A DWELLING KNOWN AS 837 CHARLOTTE WAY ENOLA, PA 17025 ASSESSMENT NO. 09-12-2992-OOIA-U283761 BEING THE SAME PREMISES WHICH Frank S. Arhondakis by deed dated 12/13/04 and recorded 1/3/05 in Cumberland County Record Book 266 Page 4893, granted and conveyed unto Denise L. Smith. TO BE SOLD AS THE PROPERTY OF DENISE L. SMITH ON JUDGMENT NO. 11-5316 MIDFIRST BANK, T PLAI>R,_TA f , 30 ° J VS. Ct"Bfffit,qM ? (,u PENNSYL ANlgN??DENISE L. SMITH, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 11-5316 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 837 CHARLOTTE WAY ENOLA, PA 17025: Name and address of the Owner(s) or Reputed Owner(s): DENISE L. SMITH 837 CHARLOTTE WAY 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 The Township of East Pennsboro 98 South Enola Drive Enola, PA 17025 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania 4910 Carlisle Pike Suite 104 - Hampden Center Mechanicsburg, PA 17050 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 837 CHARLOTTE WAY ENOLA, PA 17025 Westwood Village Condominium 650 Westwood Drive 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 ar? subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authoriti IL.eP'Haller PA I.D. #15700 urcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: August 25, 2011 I MIDFIRST BANK, PLAINTIFF VS. DENISE L. SMITH, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 11-5316 IN MORTGAGE FORECLOSURE .eH;. r n 1 'L.'.? I 1 ...-.. :0 .... CD r- c; Da .. ??r= --1 r- 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 07, 2011 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: 837 CHARLOTTE WAY 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. 11-5316 JUDGMENT AMOUNT $86,554.31 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: DENISE L. SMITH 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 Unit in the property known, named and identified in the Declaration Plan referred to below as Westwood Village Condominium, located in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, which has heretofore been submitted to the provisions of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 196 by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975 and recorded January 29, 1975, in Misc. Book 213, Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 28, 1976 and recorded June 22, 1976 in Misc. Book 222, Page 729, and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium, dated July 21, 1976 and recorded July 26, 1976 in Misc. Book 223, Page 343, and a certain Third Amendment to Declaration Creating and Establishing Westwood Village Condominium, dated June 9, 1978 and recorded June 23, 1978 in Misc. Book 236, Page 225, and a certain Fourth Amendment to Declaration Creating and Establishing Westwood Village Condominium, dated June 13, 1978 and recorded June 23, 1978 in Misc. Book 236, Page 250, and a certain Fifth Amendment to Declaration Creating and Establishing Westwood Village Condominium, dated January 9, 1979 and recorded January 23, 1979 in Misc. Book 240, Page 884, and a certain Sixth Amendment to Declaration Creating and Establishing Westwood Village Condominium, dated March 1, 1979 and recorded March 12, 1979 in Misc. Book 241, Page 836, and a certain Seventh Amendment to Declaration Creating and Establishing Westwood Village Condominium, dated November 8, 1979 and recorded November 27, 1979 in Misc. Book 249, Page 323, and a certain Eighth Amendment to Declaration Creating and Establishing Westwood Village Condominium, dated September 14, 1982 and recorded December 14, 1982 in Misc. Book 282, Page 323, and a certain Ninth Amendment to Declaration Creating and Establishing Westwood Village Condominium, dated November 28, 1986 and recorded in Misc. Book 333, Page 769, and a certain Tenth Amendment to Declaration Creating and Establishing Westwood Village Condominium, dated January 27, 1987 and recorded January 28, 1987 in Misc. Book 329, Page 561 and a Code of Regulations of Westwood Village Condominium, dated January 29, 1975 and recorded January 29, 1975 in Misc. Book 213, Page 328, and amended to a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 28, 1976 and recorded June 22, 1976 in Misc. Book 222, Page 737, and Declaration Plan of Westwood Village Condominium dated January 29, 1975 and recorded January 29, 1975 in Plan Book 26, Page 15, and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976 and recorded July 26, 1976 in Plan Book 28, Page 72, and amended by a certain Second Amendment to Declaration Plan of Westwood Village Condominium, dated June 16, 1978 and recorded June 23, 1978 in Plan Book 33, Page 28, and amended by a certain Third Amendment to Declaration Plan of Westwood Village Condominium, dated January 9, 1979 and recorded January 23, 1979 in Plan Book 34, Page 100, and amended by a certain Fourth Amendment Declaration Plan of Westwood Village Condominium, dated March 1, 1979 and recorded March 12, 1979 in Plan Book 35, Page 3, and amended by a certain Fifth Amendment to Declaration Plan of Westwood Village Condominium, dated November 8, 1979 and recorded November 27, 1979 in Plan Book 37, Page 7, and amended by a certain Sixth Amendment to Declaration Plan of Westwood Village Condominium, dated January 26, 1987 and recorded January 28, 1987 in Plan Book 52, Page 41, being designated on said Declaration of Westwood Village Condominium as Unit No. L61.T2A, Building 2 (also referred to on the Tenth Amendment as Cumberland County, Pennsylvania, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record set forth above, including any amendments thereto. TOGETHER with a proportionate undivided interest in the Common Elements (as defined in such Declaration), of 0.539%. UNDER AND SUBJECT to conditions, easements and restrictions of record and as contained in Record Book 266 Page 4893. HAVING THEREON ERECTED A DWELLING KNOWN AS 837 CHARLOTTE WAY ENOLA, PA 17025 ASSESSMENT NO. 09-12-2992-OOIA-U283761 BEING THE SAME PREMISES WHICH Frank S. Arhondakis by deed dated 12/13/04 and recorded 1/3/05 in Cumberland County Record Book 266 Page 4893, granted and conveyed unto Denise L. Smith. TO BE SOLD AS THE PROPERTY OF DENISE L. SMITH ON JUDGMENT NO. 11-5316 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N011-5316 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDFIRST BANK Plaintiff (s) From DENISE L. SMITH (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: $86,554.31 L.L.: $.50 Interest $2,078.68 PER DIEM OF $13.24 TO SALE DATE 12/7/2011 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $206.50 Plaintiff Paid: Dare: 81.30/11 (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 Costs1:lLscrd-' -h ?`;+ " 1,:M66'00 d ,fkcs tesfs fa d,-4e Ae4'(4S 'fJ e. Supreme Court ID No. 15700 ?I rUXUtL-, KNUi y MHLLtN PURCELL,KRUG & HALLER 1719 N. FRONT XM SET HARRISBURG, PA 17102, PH: 717-2344178 FAX: 717-233-1149 fax transmittal To: SHERIFF'S OFFICE Cumberland County Sheriff 1 Courthouse Square Carlisle,-PA-17013-3387 Fax: 717-240-6397 Phone: 717-240-6390 (]L ( GJJ 114tf F'.471/k?l From: Purcell, Krug & Haller 1719 N. Front Street Harrisburg, PA 17102 Ph: 717-234-4178 Faxi-7-17-233-I 1-49 BARB VILLARRIAL Date: September 20, 2011 Pages: 1 PAGE PROPERTY: 837 CHARLOTTE WAY Re: SHERIFFS SALE i DENISE L. SMITH 11-5316 X Urgent d For Review 11 Please Comment D Please Reply 13 Please Recycle; Notes PLEASE STAY THE SHERIFF SALE SCHEDULED FOR 12/07/11. NO MONIES RECEIVED. IF THERE IS ANY TROUBLE IN TRANSMISSION PLEASE DIAL THE ABOVE REFERENCED SENDER IMMEDIATELY. i TOTAL P.01 $HERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff j ??tttti'1p qt ??t?nb _ Jody S Smith i. Chief Deputy 1 t j r ? $ I? Richard W Stewart Solicitor s t Ec -4 : "6RIFF ;LPD CG Midfirst Bank Case Number vs. Denise L. Smith 2011-5316 SHERIFF'S RETURN OF SERVICE 09/21/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $84.60 SO ANSWERS, October 11, 2011 RON R ANDERSON, SHERIFF z 37,E Ic) County5uite Sheriff, Teleosoft. Inc. . On September 2, 2011 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 837 Charlotte Way, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date September 2, 2011 By: i Real Estate Coordinator €C :Z I! I E onv it IN