Loading...
HomeMy WebLinkAbout11-7148 Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg. PA 17102 717.234.4178 mtg@pkh.com AGCHOICE FARM CREDIT. ACA vs. NANCY J. BEAR AND JOSHUA D. BEAR Plaintiff Defendants C' U-)1 -c?> ?C3 C) t ' .? i C ) --- - ,J - C '.? ID IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. H- - 71#8 C1vi l-F? 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 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. YORK COUNTY LAWYER REFERRAL SERVICE LAWYER REFERRAL SERVICE 137 EAST MARKET STREET (is YORK. PA 17401 4ga.pp pp AlN ?? ?7oa99 717-854-8755 (Py75d AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED. O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES. LA COUTE PUEDE, SIN NOTIFICARIO. DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION. ES POSSIBLE QUE USTED PUEDA PERDER DINERO. PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. YORK COUNTY LAWYER REFERRAL SERVICE LAWYER REFERRAL SERVICE 137 EAST MARKET STREET YORK, PA 17401 717-854-8755 Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg. PA 17102 717.234.4178 mtg(a?pkh.com AGCHOICE FARM CREDIT, ACA Plaintiff vs. NANCY J. BEAR AND JOSHUA D. BEAR Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY.. PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. 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 within the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER Leon P. Haller. Esquire 1719 North Front Street Harrisburg. PA 17102-2392 (717) 234-4178 Attorney ID # 15 700 Attorney for Plaintiff Leon P. Haller. Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 717.234.4178 mtg@pkh.com AGCHOICE FARM CREDIT. ACA Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NANCY J. BEAR AND JOSHUA D. BEAR Defendants CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE NO. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff. AGCHOICE FARM CREDIT, ADA. has an office located at 610 Evans City Road, Butler, Pennsylvania. 16001. 2. Defendants, NANCY J. BEAR and JOSHUA D. BEAR, are adult individuals whose last known address is 1350 McClures Gap Road, Carlisle, Pennsylvania, 17015. 3. On or about.. September 15, 2005, the Defendant Nancy J. Bear executed and delivered a Mortgage Note in the sum of $70.000.00 payable to AGCHOICE FARM CREDIT, ACA. which Note is attached hereto and marked Exhibit "A". The Note was modified February 4. 2008 to provide for a fixed rate of interest. 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants, made. executed. and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1923, Page 1151 conveying to original Mortgagee the subject premises. The said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: approximately 57.52 acres. McClures Gap Road. Carlisle. Pennsylvania and is more particularly described in Exhibit "B" attached hereto. The tax parcel number is 29-06-0023-024. 6. The said Defendants are the real owners of the properties. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installments required to be paid. and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $53.056.00 Interest at $9.8844010 per day $2.077.97 To 9/1;2011 ( based on contract rate of 6.8%) Corporate advances $1.095.00 Attorney's Fee at 5% of Principal Balance $2,652.80 TOTAL Less payment received 8/23/11 BALANCE $58,881.77 $1,000.00 557,881.77 **Together with interest at the per diem rate noted above after September 1. 2011 and other charges and costs to date of Sheriffs 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 Sheriffs Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. The within property is vacant land and notices pursuant to Act 6 of 1974 are not required. 10. The Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Service Members Civil Relief Act. 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 "C". WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 6.8% ($9.8844010 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriffs Sale and for foreclosure and sale of the property within described. By: PURCELL, KRUG & HA LER Leon P. Haller. Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) FiXE ATE NOTE Date of Note: February 04, 2008 Place Executed: Chambersburg PA NUMBER TYPE 59 Fixed Payment "installment(s) of $ "installment(s) of $ "installment(s) of $ "installment(s) of $ Loan Number: 026 041 123190-02 Amount: $ 57,531.00 REPAYMENT SCHEDULE AMOUNT DESCRIPTION OF DUE DATE 438.82 due Monthly beginning 03/01/2008 due due due A final installment of the unpaid principal balance of the indebtedness and all accrued interest is due February 01, 2013 . All installments are successive unless otherwise noted and are payable on the same day of the month as the initial installment. Installment payments will be applied to amounts due in such manner as Association may determine in its sole discretion, except as otherwise noted herein. " Fixed Payment means the installment amount is a level amount. Fixed Principal means the installment amount amortizes principal only and accrued interest is due with each installment. Principal Only means the installment amount includes principal only and interest installments are separate. Interest Only means the installment amount includes accrued interest only and principal installments are separate. Fcr value received, the undersigned (whether one or more) promise(s) to pay, in lawful money of the United States of America, in accordance with the repayment schedule(s) above stated, to the order of AgChoice Farm Credit, ACA, as agentinominee (together with any holder hereof, "Association"), at its office in Chambersburg, PA the principal sum of Fifty Seven Thousand Five Hundred Thirty One and 00/100 Dollars ($57,531.00), with interest until paid at a rate of Six and 800/1000 percent (6.800%) per annum. The undersigned and every endorser and assumer of this note hereby expressly waive presentment, demand, protest and notice of dishonor, and consent to all renewals, refinances, extensions, modifications, reamortizations or any other rearrangements of the indebtedness evidenced by this note, and releases of personal liability and of security. At the option cf Association, any default under the terms and conditions of this note or under any other written instrument executed by the undersigned and owned, held or serviced by Association shall constitute a default under this note and any one or more of such notes or other wr,tten instruments. Upon default, Association, at its option, and without notice to the undersigned, may declare this note and all other indebtedness owed by the undersigned to be immediately due and payable; may cease to make any further advances under this note; may foreclose upon or sell any or all of the security for this note, in such order as it may prefer; may proceed with collections; may apply the proceeds to any indebtedness secured thereby in any order which it may desire; and may exercise from time to time all rights and remedies available under the Uniform Commercial Code and other applicable law, and under any other instrument relative to such indebtedness or security Unless prohibited by law, any applicable prepayment premium shall be due and payable upon such acceleration. If Association employs attorney(s) to collect the indebtedness evidenced by this note, or to enforce or preserve any rights provided for herein or relating to any security for this note, or suit is filed hereon, or proceedings are had in bankruptcy or any other court whatsoever with respect thereto, their, in addition to any principal, interest or other charges provided for herein, Association shall also recover all costs and expenses, including attorneys' fees and legal expenses reasonably incurred in connection therewith, including such costs and fees incurred on appeal. Such amounts shall become part of the indebtedness evidenced hereby and shall be immediately payable on demand, and shall, to the extent permitted by law, bear interest from the date incurred until paid at the rate provided herein. If there is any error or omission in this note or in any instrument securing it, the undersigned will promptly, upon request of Association, execute a new note or other documents as deemed necessary by Association to correct such error or omission and will promptly pay upon demand of Association all attorneys' fees, costs and expenses incurred in connection therewith. If the undersigned fails to pay, upon demand of Association, any sums due or incurred by Association for any of the purposes stated in this note, Association may advance the same, and ail amounts so advanced shall become principal immediately due and payable hereunder. Tie undersigned agrees to provide current financial statements, including a balance sheet and income statement in a form acceptable to the Association as may be from time to time requested by Association while the indebtedness evidenced hereby or any other indebtedness from the undersigned is outstanding. The undersigned may at any time make prepayments of principal in any amount, provided all accrued interest and all other expenses and charges have been paid current. Prepayments applied to installments will be in inverse order of maturity, except as otherwise provided in writing by Association. If any installment of principal and/or interest (or portions thereof) is not paid when due and remains unpaid at the end of twenty-nine (29) calendar days, a late charge equal to the sum of Ten and 001100 percent (10.00%) of the overdue installment shall be paid by undersigned to Association, not to exceed a maximum of $500.00 . If any installment of principal and/or interest (or portions thereof) is not paid when due or the undersigned is otherwise in default under the terms and ocnditions of this note and said default is not cured within sixty (60) calendar days, the interest rate on the entire indebtedness evidenced hereby, at the option of Association, shall be increased beginning on the sixty-first (61st) day and continuing through and including the day such default is cured, in an amount equal to the rate or rates otherwise being charged hereunder plus Three and 00/100 percent ;3.00°/) per annum. THIS DOCUMENT IS EXECUTED BY UNDERSIGNED IN FAVOR OF ASSOCIATION AS AGENT/NOMINEE OF ITS WHOLLY-OWNED SUBSIDIARY AgChoice Farm Credit, FLCA PURSUANT TO THE MASTER AGREEMENT DESCRIBED HEREIN. AT THE OPTION OF ASSOCIATION, ANY DEFAULT UNDER THE TERMS AND CONDITIONS OF ANY OTHER WRITTEN INSTRUMENT EXECUTED BY UNDERSIGNED AND OWNED, HELD OR SERVICED BY AgChoice Farm Credit, ACA FOR ITSELF ANO/OR AS AGENT/NOMINEE FOR ANY PARTY PURSUANT TO A MASTER AGREEMENT AMONG IT AND ITS WHOLLY-OWNED SUBSIDIARIES SHALL CONSTITUTE A DEFAULT UNDER THIS DOCUMENT. G04402XT Rev (04101) - Page i of 2 E HINT „?, Date of Note: February 04, 2008 Loan Number: 026 D41 123190-02 Amount: $ 57,531.00 This note is the joint and several obligation of all persons executing it. Given under the hand and seal of the undersigned. (L S ) (L.S.) (L. S.) (L. S.) (L. S.) (L. S.) (L. S.) (L.S ) (L. S.) (L.S.) (L. S.) (LS.) (LS.) (L. S.) -------------------------------------------------------------------------------------------------------------------------- -he within note is hereby endorsed by the payee named in the body of said note to the same extent as if the name of the payee were hereinafter stated under the name of the following endorsee: PAY TO THE ORDER OF AGFIRST FARM CREDIT BANK, COLUMBIA, SOUTH CAROLINA G04402XT Rev (04101) Page 2 cr 2 ALL THAT CERTAIN tract of land with the improvements thereon erected situate in North. Middleton and Lower Frankford Townships, Cumberland County, Pennsylvania bound and described as follows: BEGINNING at the intersection of SR4027 known as McClure's Gap Road and Township Road 461 known as Campground Road; thence South 77 degrees 00 minutes 00 seconds West 511.50 feet to a point on the edge of Campground Road, thence through Campground Road South 66 degrees 00 minutes 00 seconds West 745.80 feet to a point; thence South 69 degrees 30 minutes 00 seconds West 123,75 feet to a point on the edge of Campground Road; thence North 87 degrees 00 minutes 00 seconds West 316.80 feet to a point in Township Road 486 known as Meadow Brook Road; thence through a portion of Meadow Brook Road and along the lands now or formerly of Donald Schlusser; John T. Shelman; Gerald Redden and Kenneth Glotfelty South 13 degrees 00 minutes 00 seconds East 1,518.00 feet to a point along the edge of Meadow Brook Road; thence along lands now or formerly of Richard K. Howell North 82 degrees 45 minutes 00 seconds East 1,782.00 feet to a point; thence along lands now or formerly of Howell and lands now or formerly of R. Leverne Shughart North 10 degrees 00 minutes 00 seconds West 940.50 feet to a point in McClure's Gap Road; thence along McClure's Gap Road North 25 degrees 00 minutes 00 seconds West 811.80 feet to a point at the place of BEGINNING. LESS, however all of the following three tracts of land: 1. ALL THAT CERTAIN tract of land containing 2.382 acres, more or less, and more particularly described in Deed Book F, Volume 27, Page 277. 2. ALL THAT CERTAIN tract of land containing 2.00 acres and being designated as Lot No. 3 as set forth in Plan Book 73, Page 22 and more particularly described in Deed Book 147, Page 235. 3. ALL THAT CERTAIN tract of land with the improvements thereon erected containing 1.26 acres and being designated as Lot No. 4 as set forth in Plan Book 84 Page 36 and more particularly described by Deed of even date herewith from the Estate of Ruth E. Kling to Susan A. Kling and Thomas A. Nist. The tract of land conveyed herein contains 58.55 acres, more or less, and is designated as Lot No. 1 on the preliminary/final subdivision plan for the Ruth E. Kling Estate prepared by Fisher, Mowery, Rosendale & Associates, Inc. dated August 13, 2001 and recorded in Plan Book 84, Page 36. And being improved with a farmhouse and out buildings known and numbered as 1370 McClure's Gap Road, Carlisle, PA 17013. BEING the same premises which Nancy J. Bear by her deed dated November 21, 2001 and recorded in the Office of the Recorder Deeds in for Cumberland County in Deed Book _ Page _ granted and conveyed unto Nancy J. Bear and Joshua D. Bear, as equal co-tenants in common, Grantors herein. EOIIE?17 "S", Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Sep-14-2011 04:55:49 -< Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency BEAR NANCY J Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Akk? In. , , Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL htt-p://www.defenselink.mil/fag/l3is/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you 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 within the preceding 367 days. For historical information, please contact the Service SCRA points-of- https://www.dmdc.osd.mil/appj/scra/poprep?.?eyo/i t 9/14/2011 Request for Military Status contact. Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed 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 Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons 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 SCRA 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 service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. Report ID:QAMB814MD7 https://www.dmdc.osd.mil/appj/scra/popreport.do 9/14/2011 Request for Military Status Department of Defense Manpower Data Center W Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Sep-14-2011 04:56:18 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency BEAR JOSHUA D Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. 41 Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL httn://www.defenselink.mil/faq/pis/PC09SLDR html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you 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 within the preceding 367 days. For historical information, please contact the Service SCRA points-of- https://www.dmdc.osd.mil/appj/scra/popreport.do 9/14/2011 Request for Military Status contact. Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed 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 Under the SCR,4 is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons 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 SCRA 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 service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. Report ID:7BI60TN6EC https://www.dmdc.osd.mil/appj/scra/popreport.do 9/14/2011 COMPANY NAME: AGCHOICE FARM CREDIT, ACA 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 By , Title 6e-, c?, 4•,-v7-r> VtPLA-17-0"C) u PU-. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?$,?Ytt? pt ??tltibr?f?jl? _Ik }-, ry !i r. 1 ..t i Jody S Smith Chief Deputy Richard W Stewart Solicitor !SEA 26 P11 2: 2 Lei CUMBEIR AND CC11j1'T',,' PEN SYLVAidA. AgChoice Farm Credit ACA Case Number vs. 2011-7148 Joshua D. Bear (et al.) SHERIFF'S RETURN OF SERVICE 09/19/2011 03:50 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on September 19, 2011 at 1550 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Joshua D. Bear, by making known unto Christine Kabala, Fiance of Defendant at 56 Campground Road, Carlisle, Cumberland County, Pennsylvania 17015 py of the same. its contents and at the same time handing to her personally the saiLWTSHALL,'DEPUTY 09/19/2011 03:42 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on September 19, 2011 at 1542 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Nancy J. Bear, by making known unto herself personally, at 1350 McClures Gap Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correc copy of the same. dsz&?L G S LL, DEPUTY SHERIFF COST: $56.00 September 22, 2011 %c CountySuite She! ff. ieieoS?tt. Inc. SO ANSWERS, RON R ANDERSON, SHERIFF Leon P. Haller Purcell, Krug & Haller 1719 N. Front Street Harrisburg, PA 17102-2392 (717) 234-4178 lhaller@pkh.com AGCHOICE FARM CREDIT, ACA, Plaintiff VS. NANCY J. BEAR AND JOSHUA D. BEAR, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW No. 11-714% Civil IN MORTGAGE FORECLOSURE P R A E C I P S Please mark the above action settled and discontinued, without prejudice. PURCELL, By Leon P.Haller ID Attorney for Plaintiff Date: February 7, 2012