HomeMy WebLinkAbout01-3335FEDERAL NATIONAL MORTGAGE ASSOCIATION
Plaintiff
VS.
CRAIG A. BRUNGARD
Defendant
1N THE COURT OF COMMON.PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
--..~ J ~' CIVIL ACTION- LAW
ACTION OF MORTGAGE FORECLOSURE
THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO 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 aVtorney 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 POPER 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 2 LIBERTY AVENUE
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.
1LECUERDE: 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 2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
Plaintiff
VS.
CRAIG A. BRUNGARD,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
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
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
Plaintiff
VS.
CRAIG A. BRUNGARD,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION- LAW ~/-
ACTION OF MORTGAGE FORECLOSURE
COMPLAINT IN MORTGAGE FORECLOSURE
Plaintiff, FEDERAL NATIONAL MORTGAGE ASSOCIATION, is a corporation originated under an
Act of Congress and existing pursuant to the Federal National Mortgage Association Charter Act, acting
through its servicing agent, Fleet Mortgage Corp., with an address of P.O. Box 1169, Milwaukee,
Wisconsin 53224.
2. Defendant, CRAIG A. BRUNGARD, is an adult individual, whose last known address is 1015
CHIPPENHAM ROAD MECHANICSBURG, PENNSYLVANIA 17055.
3. On or about, June 25, 1993, the said Defendant executed and delivered a Mortgage Note in the sum of
$120,000.00 payable to MELLON BANK, N.A., which Note is attached hereto and marked Exhibit "A".
Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to
secure payment of the same, Defendant made, executed, and delivered to original Mortgagee, a certain
real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and
Commonwealth in Mortgage Book 1145, Page 727 conveying to original Mortgagee the subject
premises. The Mortgage was subsequently assigned to MELLON MORTGAGE COMPANY and was
recorded in the aforesaid County in Book 506, Page 918. The Mortgage was subsequently assigned to
FLEET REAL ESTATE FUNDiNG CORP. and was recorded in the aforesaid County in Book 493,
Page 1093. The Mortgage was subsequently assigned to FEDERAL NATIONAL MORTGAGE
ASSOCIATION and recorded in the aforesaid County in Mortgage Book 609, Page I 131. The Said
Mortgage and Assignments are incorporated herein by reference.
5. The land subject to the Mortgage is: 1015 CHIPPENHAM ROAD, MECHANICSBURG,
PENNSYLVANIA 17055 and is more particularly described in Exhibit "B" attached hereto.
6. The said Defendant is the real owner of the property.
The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on
February 01, 2001 and all subsequent installments thereon, and the following amounts are due on the
Mortgage:
UNPAID PRINCIPAL BALANCE
$74,305.94
Interest at $13.48 per day
From 01/01/2001 To 06/01/2001
( based on contract rate of 6.625%)
$2,035.48
Accumulated Late Charges
$0.00
L~e Charges $52.68
From02/01/2001 to 06/01/2001
$263.39
Escrow Credit $554.50
Attorney's Fee at 5% of Principal Balance
TOTAL
$3,715.30
$79,766.21
**Together with interest at the per die.m rate noted above after June 01, 2001 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 judgement 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. Plaintiffhas complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners'
Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time
limitations as set forth therein or has been determined by the Housing Finance Agency not to qualify for
assistance.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned
total amount due together with interest at the rate of 6.625% ($13.48 per diem), together with other charges and
costs including escrow advances incidental thereto to the date of~hqriff's Sale and for foreclosure and sale of
the property within described. /~'/~//~// /ff/~
By: ~eUoRnCe .EHL~] ,~EUsqGuirfl&e~/AL6~L~ o /
Attorney for Plaintiff
I.D. # 15700
1719 N. Front Street
Harrisburg, PA 17102
(717-234-4178)
Fmc40373 (169~x2200x2 tiff) [42]
#GTE
Fmc40373 169~x2200x2 tiff) [44]
· Fmc40373 (169~x2800x2 tiff) [16]
N~r~ (1~5.00') of ~he intersection of ~e Nor~ ~lde ~f Dorset Drive
·nd ~ West s~de of ~ippe~ Boa~ ~ence by the line of Lot No.
Wes~ (S 82°53~2~" W] a distance of One H~dred Twelve ~d One ..
One-H~red~s feet (~12.01') to a point at lin~ of Lot ~p~ 199;
~i=ty-E~ve ~eco~s Wes~ (N 28"51'35" W) a dist~ce of N~nety-FIve
~ T~rty-Four One-Hu~redths fee~ (95.34') ~o a point at l~ne o~
~t No. 211; ~ence b~ same North Sixty-six degrees
m~nu=es Thirty-One eeconds East (N 6~28'31" E) a distance of One
by its deed dated ~y 22, 199~ and recorded in C~berland County Deed
Book D, Vol~e 35, pa~e ~67, ~ranted and conveyed un~o Crai~ A. BrunEara,
COMPANY NAME:
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
KAI~ ORLAIffl)O
Title vtcE PRE~IDEIgT
SHERIFF'S RETURN -
CASE NO: 2001-03335 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FEDERAL NATIONAL MORTGAGE
VS
BRUNGARD CRAIG A
REGULAR
CPL. MICHEAL BARRICK ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT - MORT FORE
BRUNGARD CRAIG A
DEFENDANT , at 0018:37 HOURS,
at 1015 CHIPPENHAM ROAD
MECHANICSBURG, PA 17055
CRAIG A. BRUNGARD
a true and attested copy of COMPLAINT - MORT FORE
NOTICE
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
on the 5th day of June
by handing to
the
, 2001
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 8.06
Affidavit .00
Surcharge 10.00
.00
36.06
Sworn and Subscribed to before
me this 3f~ day of
.~7~/ A.D.
/ ~rothonotary z J
So Answers:
R. Thomas Kline
06/06/2001
PURCELL, KRUG & HALLER
FEDER3~L NATIONAL MORTGAGE
ASSOCIATION,
PLAINTIFF
VS.
CRAIG A. BRUNGARD,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2001 03335
IN MORTGAGE FORECLOSURE
P RA E C I P E
TO THE PROTHONOTARY OF THE WITHIN COUNTY:
Please enter JUDGMENT "in rem" in favor of the Plaintiff and
against Defendant CRAIG A. BRUNGARD 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 $13.48
from 1/1/01 to 6/1/01)
Late charges
($52.68 per month to 6/01)
Escrow Credit
5% Attorney's Commission
$74,305.94
$ 2,035.48
$ 263.39
$ 554.50
$ 3,715.30
TOTAL
$79,766.21'*
** 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,
By
Leon P. Haller PA I.D. #15700
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
K:\MKF/DOCS\CUM BE RLA/BRUN P
FEDEP-AL NATIONAL MORTGAGE
ASSOCIATION,
PLAINTIFF
VS.
CRAIG A. BRUNGARD,
DEFENDANT
CIVIL ACTION - L~AW
NO. 2001 03335
IN MORTGAGE FORECLOSURE
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CERTIFICATE OF SERVICE
PURSUANT TO PA. R.C.P. 237.1
I hereby certify that on AUGUST 20, 2001 I served the Ten Day
Notice required by Pa. R.C.P. 237.1 on the Defendant(s) in this
matter by regular first class mail, postage prepaid, as indicated
on the attached Notice.
Leon P. Haller PA I.D.
Attorney for Plaintiff
Purcell, Krug &Haller
1719 North Front St.
Harrisburg, PA 17102
#15700
FEDERAL NATIONAL MORTGAGE
ASS~)CIATION
Plaintiff
VS.
CRAIG A. BRUNGARD
Defendant
: 1N THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2001-03335
:
: CIVIL ACTION LAW
: IN MORTGAGE FORECLOSURE
DATE OF THIS NOTICE: August 20, 2001
TO:
CRAIG A. BRUNGARD
1015 CHIPPENHAM ROAD
MECHANICSBURG, PA 17055
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO
COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED
FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10)
DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER
OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT
WHERE YOU CAN GET LEGAL HELP:
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166 OR 800-990-9108
I.D. # 15700
1719 N. Front St., Harrisburg, PA 17102
(717) 2344178
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
PLAINTIFF
VS.
CRAIG A. BRUNGARD,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2001 03335
IN MORTGAGE FORECLOSURE
NOTICE OF ENTRY OF JUDG"MENT
TO THE ABOVE-NAMED DEFENDANTS:
You are hereby notified that
following judgment has been entered
captioned matter:
On ~,%+-l~n~ the above-
against you ' ~ DO~/ the
$79,766.21 and for the
located at: 1015 Chippenha~ Road,
Dated:
Attorney for Plaintiff:
Leon P. Haller
1719 North Front Street
Harrisburg, PA 17102
Phone: (717) 234-4178
sale and foreclosure of your property
Mechanicsburg, PA 17055
I hereby certify that the following person(s)
addresses are the proper individuals to
pursuant to PA R.C.P. No. 236:
and their respective
receive this Notice
Craig A. Brungard
1015 Chippenham Road
Mechanicsburg, PA 17055
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
PLAINTIFF
VS.
CRAIG A. BRUNGARD,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2001 03335
IN MORTGAGE FORECLOSURE
P RA E C I P E
TO THE PROTHONOTARY OF THE WITHIN COUNTY:
Please enter JUDGMENT "in rem" in favor of the Plaintiff and
against Defendant CRAIG A. BRUNGARD 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 $13.48
from 1/1/01 to 6/1/01)
Late charges
($52.68 per month to 6/01)
Escrow Credit
5% Attorney's Commission
$74,305.94
$ 2,035.48
$ 263.39
$ 554.50
$ 3,715.30
TOTAL
$79,766.21'*
** 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.
Leon P. Hailer PA I.D. #15700
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
~N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW AT NO. 2001 03335
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
PLAINTIFF
VS.
CRAIG A. BRUNGARD,
DEFENDANT (S)
TOTAL AMOUNT
OF JUDGMENT $79,766.21 ~'~
Interest at $13.48 per diem
to sale date $ 2,534.24
Late charges at $52.68 per month
to sale date $ 316.08
Escrow Deficit $ 2,000.00
TOTAL $84,625.53*
*SALE DATE: WEDS.,DEC. 5, 2001
(PROTHONOTARY'S USE)
Plaintiff
Attorney
Sheriff
This Writ
PRAECIPE FOR WRIT OF EXECUTION
MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183
TO THE PROTHONOTARY/CLERK OF SAID COURT:
Issue Writ of Execution in the above captio~ case.
Date: September 10, 2001
1719 North Front Street
Harrisburg, PA 17102 PA I.D. #15700
(717) 234-4178
WRIT OF EXECUTION - MORTGAGE FORECLOSURE
COMMONWEALTH OF PENNSYLVANIA :
SS
COUNTY OF CUMBERLAND :
TO THE SHERIFF OF CUMBERLAND COUNTY:
TO satisfy the judgment, interest and costs in the above
captioned case, you are directed to levy upon and sell the property
described in the attached description known as 1015 CHIPPENHAM ROAD,
MECHANICSBURG, PA 17055.
Date:
PROTHONOTARY/CLERK
BY
CIVIL DIVISION
DEPUTY
K/M KF}DOCS\CUMBERLA\BRUN.W
ALL THAT CERTAIN lot of land situate in Hampden Township,
Cumberland County, Pennsylvania, being Lot #212, Kingswood, Phase
II, as recorded in Cumberland County Plan Book 55, Page 93, more
particularly bounded and described as follows, to wit:
BEGINNING at a point on the West side of Chtppenham Road,
said point also being a distance of One Hundred Twenty-Five feet
North (125.00') of the intersection of the North side of Dorset Drive
and the West side of Chtppenham Road; thence by the line of Lot No.
198 South Eighty-Two degree~ Fifty-Three minutes Twenty-Two seconds
West (S 82°53'22" W) a distance of One Hundred Twelve and One
One-Hundredths feet (112.01') to a point at line of Lot No. 199;
thence by same North Twenty-Eight degrees Fifty-One minutes
Thirty-Five seconds West (N 28°51'35'' W) a distance of Ninety-Five
and Thirty-Four One-Hundredths feet (95.34') to a point at line of
Lot No. 211; thence by same North Sixty-Six degrees Twenty-Eight
minutes Thirty-One seconds East (N 66e28'31" E) a distance of One
Hundred Forty-Two and Ninety-Seven One-Hundredths feet (142.97') to &
point on the.West side of Chippenham Road; thence by same and a curve
to the right having a radius of Two Hundred Fifty feet (250.00') an
arc length of Seventy-One and Fifty-Eight One-Hundredths feet
(71,58') to a point; thence by same South Seven degrees Seven minutes
Fifteen seconds East (S 07"07'15" E) a distance of Fifty-Eight and
Thirty-Five One-Hundredths feet (58.35') to the place of Beginning.
CONTAINING 14,246.40 square feet.
HAVING THEREON ERECTED A RESIDENTIAL DWELLING KNOWN AS 1015
CHIPPENHAM ROAD, MECHA/qICSBURG, PA.
BEING THE SAME PREMISES WHICH Pamay Development Co., Inc. by deed
dated 5/22/91 and recorded 5/30/91 in Deed Book D-35, page 267
granted and conveyed unto Craig A. Brungard.
TO BE SOLD AS THE PROPERTY OF CRAIG A. BRUNGARD ON JUDGMENT
NO. 2001 03335.
ASSESSMENT: 10-16-1056-162
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
PLAINTIFF
VS.
CRAIG A. BRUNGARD,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2001 03335
IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1
The Plaintiff in the above action, by its attorneys, Purcell,
Krug &Haller, sets forth as of the date the praecipe for the writ
of execution was filed, the following information concerning the
real property located at 1015 CHIPPENHAM ROAD, MECHANICSBURG, PA
17055:
1. Name and address of the Owner(s) or Reputed Owner(s):
Craig A. Brungard
1015 Chippenham Road
Mechanicsburg, PA 17055
2. Name and address of Defendant (s) in the Judgment, if
different from that listed in (1) above:
SAME
3. Name and address of every judgment creditor whose judgment
appears of record on the real property to be sold:
4. Name and address of last recorded holder of every mortgage
of record:
PLAINTIFF HEREIN
(AND ANY OTHERS AS NOTED BELOW):
Associates Consumer Discount
3871 Union Deposit Road
Harrisburg, PA 17110
Company
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:
TENANTS IF ANY ...
Domestic Relations Office
Cumberland County Courthouse
Hanover & High Streets
Carlisle, PA 17013
(In the preceding information, where addresses could not be
reasonably ascertained, the same is indicated.)
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge, information and
belief. I understand that false statements herein are made subject
to the penalties of 18 PA C.S. Section 4904 relating~to unsworn
falsification to authorities,
Le~'-n P. Haller PA I.D. #15700
Purcell, Krug &Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
DATE: September 10, 2001
FEDERAL NATIONAL MORTGAGE : IN THE COURT OF COMMON PLEAS
ASSOCIATION, : CUMBERLJ~ND COUNTY, PENNSYLVANIA
PLAINTIFF
VS. : CIVIL ACTION - LAW
CP_AIG A. BRUNGARD, : NO. 2001 03335
DEFENDANT : IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
TAKE NOTICE:
That the Sheriff's Sale of Real Property
held:
DATE:
TIME:
LOCATION:
WEDNESDAY, DECEMBER 5, 2001
(real estate) will be
10:00 O'clock A.M.
Commissioner's Hearing Room
2nd Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal
description mainly consisting of a statement of the measured
boundaries of the property, together with a brief mention of the
buildings and any other major improvements erected on the land.
(SEE DESCRIPTION ATTACHED)
THE LOCATION of your property to be sold is:
1015 CHIPPENHAM ROAD
MECHANICSBURG
CUMBERLAND COUNTY
PENNSYLVANIA
THE JUDGMENT under or pursuant to which your property is being
sold is docketed in the within Commonwealth and County to:
NO. 2001 03335
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property
is:
CRAIG A. BRUNGARD
K:\MKF\DOCStC UM8 ERLA\B RUN NOS
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 te~ (10) days of the date it is filed.
Information about the Schedule of Distribution ~ay be obtained
from the Sheriff of the Court of Common Pleas of the within County
at the Courthouse address specified herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO
PAY THE JUDGMENT.
You may have legal rights to prevent your property from being
taken away. A lawyer can advise you more specifically of these
rights. If you wish to exercise your rights, YOU MUST ACT
PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 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 Sheriff's Sale you may file a petition with the
Court of Common Pleas of the within County to set aside the sale
for a grossly inadequate price or for other proper cause. This
petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
3. A petition or petitions raising the legal issues or rights
mentioned in the preceding paragraphs must be presented to the
Court of Common Pleas of the within County. The petition must be
served on the attorney for the creditor or on the creditor before
presentation to the court and a proposed order or rule must be
attached to the petition.
If a specific return date is desired, such date must be
obtained from the Court Administrator's Office - Civll Division, of
the within County Courthouse, before a presentation of the petition
to the Court.
A copy of the Writ of Execution is attached hereto.
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
ALL THAT CERTAIN lot of land situate in Hampden Township,
Cumberland County, Pennsy].vania, being Lot #212, Kingswood, Phase
II, as recorded in Cumberland County Plan Book 55, Page 93, more
particularly bounded and described as follows, to wit:
BEGINNING at a point on the West side of Chippenham Road,
said point also being a distance of One Hundred Twenty-Five feet
North (125.00') of the intersection of the North side of Dorset Drive
and the West side of Chippenham Road; thence by the line of Lot No.
198 South Eighty-Two degree~ Fifty-Three minutes Twenty-Two seconds
West (S 82°53'22'' W) a distance of One Hundred Twelve ~nd one
One-Hundredths feet (112.01') to a point at line of Lot No. 199;
thence by same North Twenty-Eight degrees Fifty-One minutes
Thirty-Five seconds West (N 28°51'35" W) a distance of Ninety-Five
and Thirty-Four One-Hundredths feet (95.34') to a point at line of
Lot No. 211; thence by same North Sixty-Six degrees Twenty-Eight
minutes Thirty-One seconds East (N 66"28'31" E) a distance of One
Hundred Forty-Two and Ninety-Seven One-Hundredths feet (142.97') to &
point on the.West side of Chippenham Road; thence by same and a curve
to the right having a radius of Two Hundred Fifty feet (250.00') an
arc length of Seventy-One and Fifty-Eight One-Hundredths feet
(71.58') to a point; thence by same South Seven degrees Seven minutes
Fifteen seconds East (S 07"07'15" E) a distance of Fifty-Eight and
Thirty-Five One-Hundredths feet (58.35') to the place of Beginning.
CONTAINING 14,246.40 square feet.
HAVING THEREON ERECTED A RESIDENTIAL DWELLING KNOWN AS 1015
CHIPPENHAM ROAD, MECHAi~ICSBURG, PA.
BEING THE SAME PREMISES WHICH Pamay Development Co., Inc. by deed
dated 5/22/91 and recorded 5/30/91 in Deed Book D-35, page 267
granted and conveyed unto Craig A. Brungard.
TO BE SOLD AS THE PROPERTY OF CRAIG A. BRUNGARD ON JUDGMENT
NO. 2001 03335.
ASSESSMENT: 10-16-1056-162
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
PLAINTIFF
VS.
CRAIG Ao BRUNGARD
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-3335-CIVIL
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
P RA E C I P E
Kindly Settle and Discontinue the above matter of record.
PURCELL, KRUG & HALLER
By: ~~
Leon P. Haller ID #15700
Attorney for Plaintiff
Purcell, Krug &Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
DATE: November 13, 2001
Federal National Mortgage Association
VS
Craig A. Brungard
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2001-3335 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED pursuant to instructions from Attorney Leon P. Haller.
Sheriff's Costs:
Docketing 30.00
Surcharge 20.00
'Posting Handbills 15.00
Law Library .50
Prothonotary 1.00
Share of Bills 25.66
?Iileage 18.20
Levy 15.00
Advertising 15.00
Certified Mail 2.57
Poundage 13.64
Postpone Sale
Law Journal 363.05
Patriot News 175.80
$695.42
paid by attorney
Sworn and subscribed to before me
This .aq~ day of
2ooi,
Prothonotary
R. Thomas Kline, Sheriff
Rehl Estate~ Deputy
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
PLAINTIFF
VS.
CRAIG A. BRUNGARD,
DEFENDANT
CIVIL ACTION - LAW
NO. 2001 03335
IN MORTGAGE FORECLOSURE
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1
The Plaintiff in the above action, by its attorneys, Purcell,
Krug &Haller, sets forth as of the date the praeci~e for the writ
of execution was filed, the following information concerning the
real property located at 1015 CHIPPENHAM ROAD, MEClIANICSBURG, PA
17055:
1o Name and address of the Owner(s) or Reputed Owner(s):
Craig A. Brungard
1015 Chippenham Road
Mechanicsburg, PA 17055
2. Name and address of Defendant (s) in the Judgment, if
different from that listed in (1) above:
SAME
3. Name and address of every judgment creditor whose judgment
appears of record on the real property to be sold:
4. Name and address of last recorded holder of every mortgage
of record:
PLAINTIFF HEREIN
(AND ANY OTHERS AS NOTED BELOW):
Associates Consumer Discount Company
3871 Union Deposit Road
Harrisburg, PA 17110
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:
TENANTS IF ANY
Domestic Relations Office
Cumberland County Courthouse
Hanover & High Streets
Carlisle, PA 17013
(In the preceding information, where addresses could not be
reasonably ascertained, the same is indicated.)
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge, information and
belief. I understand that false statements herein are made subject
to the penalties of 18 PA C.S. Section 4904 relatin~o unsworn
falsification to authorities. /~,~
L~ P. Haller PA I.D. #15700
Purcell, Krug &Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
DATE: September 10, 2001
FEDEg-AL NATIONAL MORTGAGE
ASSOCIATION,
PLAINTIFF
VS.
CRAIG A. BRUNGARD,
DEP~NDANT
IN THE COURT 0P COMMON PLEAS
CUMBERLAND COUNTY, PEATNSYLVANIA
CIVIL ACTION - LAW
NO. 2001 03335
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
TAKE NOTICE:
That the Sheriff's Sale of Real Property
held:
DATE: WEDNESDAY, DECEMBER 5, 2001
TIME: 10:00 O'clock A.M.
LOCATION: Commissioner's Hearing Room
2nd Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
(real estate) will be
T~E 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:
1015 CHIPPENHAM ROAD
MECHANICSBURG
CI/MBERLAND COUNTY
PENNSYLVANIA
T~E JUDGMENT under or pursuant to which your property is being
sold is docketed in the within Commonwealth and County to:
NO. 2001 03335
T~E NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property
is:
CRAIG A. BRI/NGARD
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 ~ay be obtained
from the Sheriff of the Court of Common Pleas of the within County
at the Courthouse address specified herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO
PAY THE JUDGMENT.
You may have legal rights to prevent your property from being
taken away. A lawyer can advise you more specifically of these
rights. If you wish to exercise your rights, YOU MUST ACT
PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 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 Sheriff's Sale you may file a petition with the
Court of Common Pleas of the within County to set aside the sale
for a grossly inadequate price or for other proper cause. This
petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
3. A petition or petitions raising the legal issues or rights
mentioned in the preceding paragraphs must be presented to the
Court of Common Pleas of the within County. The petition must be
served on the attorney' for the creditor or on the creditor before
presentation to the court and a proposed order or rule must be
attached to the petition.
If a specific return date is desired, such date must be
obtained from the Court Administrator's Office - Civil Division, of
the within County Courthouse, before a presentation of the petition
to the Court.
A copy of the Writ of Execution is attached hereto.
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
ALL ~AT CERTAIN lot of land situate in Hampden Township,
Cumberland County, Pennsy].vania, being Lot #212, Kingswood, Phase
Ii, as recorded in Cumberland County Plan Book 55, Page 93, more
particularly bounded and described as follows, to wit:
BEGINNING at a point on the West side of Chippenham Road,
said point also being a distance of One Hundred Twenty-Five feet
North (125,00') of the intersection of the North side of Dorset Drive
and the West side of Chippenham Road; thence by the line of Lot No.
198 South Eighty-Two degrees Fifty-Three minutes Twenty-Two seconds
West (S 82°53'22'' W) a distance of One Hundred Twelve ~nd One
One-Hundredths feet (112.01') to a point at line of Lot No. 199;
thence by same North Twenty-Eight degrees Fifty-One minutes
Thirty-Five seconds West (N 28°51~35'' W) a distance of Ninety-Five
and Thirty-Four One-Hundredths feet (95.34') to a point at line of
Lot No.. 211; thence by same North Sixty-Six degrees Twenty-Eight
minutes Thirty-One seconds East (N 66°28'31" E) a distance of One
Hundred Forty-Two and Ninety-Seven One-Hundredths feet (142.97') to &
point on the-West side of Chippenham Road; thence by same and a curve
to the right having a radius of Two Hundred Fifty feet (250.00') an
arc length of Seventy-One and Fifty-Eight One-Hundredths feet
(71.58') to a point; thence by same South Seven degrees Seven minutes
Fifteen seconds East (S 07"07'15" E) a distance of Fifty-Eight and
Thirty-Five One-Hundredths feet (58.35') to the place of Beginning.
CONTAINING 14,246.40 square feet.
HAVING THEREON ERECTED A RESIDENTIAL DWELLING KNOWN AS 1015
CHIPPENHAM ROAD, MECHANICSBURG, PA.
BEING THE SAME PREMISES WHICH Pamay Development Co., Inc. by deed
dated 5/22/91 and recorded 5/30/91 in Deed Book D-35, page 267
granted and conveyed unto Craig A. Brungard.
TO BE SOLD AS THE PROPERTY OF CRAIG A. BRUNGARD ON JUDGMENT
NO. 2001 03335.
ASSESSMENT: 10-16-1056-162
REAL ESTAZ. SALE No. ~
On September 18, 2001, the sheriff levied upon the
defendant's interest in the real property situated in Hampden
Township, Cumberland County, PA, known and numbered as
1015 Chippenham Rd., Mechanicsburg, and more fully
described on Exhibit "A" filed with this writ and by
this reference incorporated herein.
Date: September 18, 2001 By: t fY!.[
Real Estate Deputy
THE PATRIOT NEWS
THESUNDAY PATRIOT NEWS
Proof of Publication
UnderAct No. 587, Approved May16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
James L. Clark being duly sworn according to law, deposes and says:
That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing
under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818
Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The
Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818
Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were
established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published
ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular dally and/or Sunday/ Metro editions which appeared on the 23th and 30th day(s) of October 2001.
That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that
all of the allegations of this statement as to the time, place and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said C/ompany and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin i~Miscellaneous Book "M",
Volume14, Page317. ~_//' /~
PUBLICATION .~...'...~
COPY -~,,,,,~rn to a~d 3ub~c,'~,,=d b~f'u~= m~tt~is 19th day/~Nov~ep~ber 2001 A.D.
S A L E #45 NotarialSeal
Tern/L. Russell, Notary Public //
My commission Expires June 6, 2~02 ' c1' N~ - O'~TARY PUBLI'/ ~ ,.-_~v ~_~,.._..~
Member, PennsyNsnia ASSOCiation al Notaries
My commission expires June 6, 2002
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates
Probating same Notary Fee(s)
Total
$ 174.30
$ 1.50
$ 175.80
Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
circulatien, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly sworn, according to law, deposes and says that thc Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by thc local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly thc same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
October 12, 19, 26, 2001
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
REAL E~TATE ~ NO. 45
Writ No. 2001-3335 Civil
Federal National Mortgage
AssoclatJon
Craig A. Brun~ard
Atty.: Leon P. Haller
ALL THAT CERTAIN lot of land
situate in Hampden Township.
Cumberland County. Pennsylvania.
being Lot #212. Klngswood. Phase
II, as recorded in Cumberland
County Plan Book 55. Page 93. more
particuiarly bounded and described
as follows, to wit:
BEGINNING at a point on the
W~ ~st~sld~e of~C~l?p.enh~_.~ Roa~
Roge~ M. Morgenthal, Editor
SWORN TO AND SUBSCRIBED before me this
26 day of OCTOBER. 2001
NOTAR~I.
LOIS E. SNYDER, No~,ry Pu,bJlc