HomeMy WebLinkAbout02-0408MIDFIRST BANK I IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CHRISTOPHER S. HEINBAUGH
Defendant
W" q? 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 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 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.
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 2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166
MIDFIRST BANK, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CHRISTOPHER S. HEINBAUGH,
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.
CIVIL ACTION - LAW
CHRISTOPHER S. HEINBAUGH, ACTION OF MORTGAGE FORECLOSURE
Defendant
COMPLAINT IN MORTGAGE FORECLOSURE
Plaintiff, MIDFIRST BANK, is an Oklahoma corporation, with an address of 3232 WEST RENO
OKLAHOMA CITY, OKLAHOMA 73107.
2. Defendant, CHRISTOPHER S. HEINBAUGH, is an adult individual, whose last known address is 419
FACTORY STREET, CARLISLE, PENNSYLVANIA 17013.
3. On or about, April 13, 2000, the said Defendant, executed and delivered a Mortgage Note in the sum of
$52,566.00 payable to CENDANT 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, 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 1606, Page 78 conveying to original Mortgagee the subject premises.
The Mortgage was subsequently assigned to MIDFIRST BANK and recorded in the aforesaid County in
Mortgage Book 682, Page 949. The Said Mortgage and Assignment are incorporated herein by
reference.
5. The land subject to the Mortgage is: 419 FACTORY STREET, CARLISLE, PENNSYLVANIA 17013
and is more particularly described in Exhibit "B" attached hereto.
6. The said Defendant is the real owner of the property.
7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on
January 01, 2001 and all subsequent installments thereon, and the following amounts are due on the
Mortgage:
UNPAID PRINCIPAL BALANCE
Interest at $12.72 per day
From 12/01/2000 To 02/01/2002
( based on contract rate of 8.875%)
Accumulated Late Charges
Late Charges $16.73
From 01/01/2001 to 02/01/2002
Escrow Balance
Attorney's Fee at 5% of Principal Balance
TOTAL
$52,330.59
$5,787.60
$285.41
$250.95
$820.61
$2,616.53
$62,091.69
"Together with interest at the per diem rate noted above after February 01, 2002 and other charges and
costs to date of Sheriff's Sale.
The attorney's fees set forth above are in conformity with the Mortgage documents and
Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the
Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually
incurred by Plaintiff.
8. No judgment has been entered upon said Mortgage in any jurisdiction.
9. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of
1974 is not required in that the original principal balance exceeds $50,000.00.
10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any
way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended.
11. The Defendant has either failed to meet the time limitations as set forth under the Combined Act 6/91
Notice or has been determined by the Pennsylvania Housing Finance Agency not to qualify for
Mortgage Assistance.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned
total amount due together with interest at the rate of 8.875% ($12.72 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:
PURCELL,KRUG ALLER
Leon P. Haller, Esquire
Attorney for Plaintiff
I.D. # 15700
1719 N. Front Street
Harrisburg, PA 17102
(717-234-4178)
0002a3ab.tit (1696x2220X2 titt)
!.Iwh : 0010581064 % Multistate * NOTE PAA c9ae No. -
441-6252028-703
April 13th, 2000
IDecel
419 FACTORY STREET CARLISLE, PA 17013
[Property A(Wrca)
1. PARTIES
"Borrower" means each person signing at the end of this Note. and the Person's' successors and assigns. "Lender" means
CERDANT MORTCRGR OMPORATZON
and its successors and assigns.
2. BORROWER'S PROMISE TO PAY; EyrERE37'
In return for a loan received from Lender, Borrower, promises to pay the principal sum of F1 Pty-Tao Tha2send
Five Hundred Sixty-Six Dollars and Zero Cents
Dollars (U.S. $ 52, 566.00 ), 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 Eight and Seven Eighths
percent ( 8.875 %) 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, dad of trust or similar security instrument that is dated the same date
as this Note and called tx "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 Leader on the first day of each month beginning on
June lot . 2000 . Any principal and interest remaining on the first day of way
2030 , will be due on that date, which is called the "Maturity Date." '
(B) Place
Payment shall be made at 3000 LeadenhalI Road Mt. Laurel, NJ 08054
by notice to Borrower, or at such place as Lender may designate in writing
(C) Amount
Each monthly payment of principal and interest will be in the amount of U.S. $ 418.24
will be part of a larger monthl This amount
y 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]
DGraduated Payment Allonge OGrowing Equity Allonge DOther [specify]
S. BORROWER'S RIGHT TO PREPAY
Borrower has the right to pay the debt evidenced by this Note, in whole or in pan, without charge or pmahy, 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 rernainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a
1an!1 prepayment, there will be no changes in tux due date or in the amount of the monthly payment unless Leader agree -s in
writing to those changes.
{?-In 199011.03 Martgate Fixed Rate Note - ]arts
VMP MORTGAGE FORMS -19001621.7291
Popp 1 of 2 wwrl,
YII -2wm
TI- ?bl? j1A'? Original
,Xh
0002a3ab.tit
(1696x2242x2 titt) L2J
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 Pour percent ( 4.00 %) of the overdue amount of each payment.
(B) Default
If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations
of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and
all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent
default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in
full in the case of payment defaults. This Note does not authorize acceleration when nol permitted by HUD regulations. As used
in this Note, 'Secretary' means the Secretary of Housing and Urban Development or his or her designee.
(C) Payment of Costs and Expenses
If Lender has requited immediate payment in full, as described above, Lender may require Borrower to pay costs and
expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable
law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note.
7. WAIVERS
Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of
dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. 'Notice of dishonor' means the
right to require Lender to give notice to other persons that amounts due have not been paid.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given
by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if
Borrower has given Lender a notice of Borrower's different address.
Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in
Paragraph 4(B) or at a different address if Borrower is given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in
this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is
also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, 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 yodder this Note.
BY,IGN?#G W, Borrov f4ccepts agrees to the terms and covenants contained in this Note.
' - (Seal)
t?RI - 9 ER 8 88IZ tTC4H Borrower
(seal)
-Borrower
L
_? • , r
/ `
(Seal)
Borrower
NNI
(Seal)
-Borrower
-41 -?iqour REC
To THE oAooF RAY
_ (Seal)
-Borrower
(Seal)
-Borrower
BY.'
VICE RE31
(Seal)
QARV?R -Borrower
- (Seal)
-Borrower
IRraaou.as rs.xm:
vlkrr rI, MA
Original
EXHIBIT "A"
.ALL THAT CF-KTAIN tract orla?td situate in the Borough ol'CarGakt, Curnbcdand County.
Pcnnsylvarik more fully bounded and described as follows;
AF(;12vh;1h;C, at an Iron pin SLI in the camern right of way (ire of Factory Street at the dividing
line Sctwccn Tracts 2 and 2A on the hereinaller mentioned Subdivision Plant; tAenee along said
"'d"'B I;"c South 83 de reas 17
B minutes 00 seeoads East 105.00 feet 10 0 iron pin- thence
along the western dedicated right orway une or$lbow Avenue South 06 degrees 13 rat rtut= 00
?ti cords W est 42.00 Csxt 10 an iro•t Di,r thence along the northern edge of s certain unnamed alley
'N•lrth 83 degrees,f 7 minutes 00 seconds Wot 105.00 feet to an iron pin; thence along the eastern
right of way line or Factory Street North 06 degrees 13 minutes 00 seconds East 43,00 feet to an
iron pin; the Place or BEGINNING.
?11';lNG AVIT11er described as tract I and tract 2A on the Final Subdivision Plan
Bowen and Elizabeth A. Aeri pregarm by pa for tarry Thortsai
in S. Brehm- RS. dated 10/30191 and recorded
in Cumbtdand County plan 130ok 63. Page 143.
t
Ili ".Id:'1'.
?? r'??Se•[ya?id 1
: rficP fo• the recording of Deeds
"
L.U ^•Ierd County, Pa.
V01 Page
c$
+rs my hand and seal of office of
Csrhsle, PA this of t
Recordor
e0,K1612r. ma _ M
?Xl?ibl? ?1
r61 (-T3t'4 ZxETZZx969t) TT;•o2£Ezooo
COMPANY NAME; MIDFIRST BANK
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsification to authorities.
Dated
?" By
Title Thad Burr ?1, r?c7e President
At-
c
C,q
/"
vj O
C C
cn
-31
f??( ? - ;n
r c ? -m, ,.t
N 9
?G
g 4
.
tD
Y 01
L
Cu F
Jam.
LI ??
UD
-`- --,i 2
O C"j
CD U
^
h`I w N
N O
_
N
LL F
z a
S z N
z n
?
R R
z
NM.99I Z9- AD 99149 • 18 E91 L9- J9-L91 L9
ON WNOd 00 Alddn91V03131V19.11V
MIDFIRST BANK, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
CHRISTOPHER S. HEINBAUGH, NO. 2002 00408
DEFENDANT IN MORTGAGE FORECLOSURE
P R A 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 CHRISTOPHER S. HEINBAUGH 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 $52,330.59
Interest $ 5,787.60
(Per diem of $12.72
from 12/1/00 to 2/1/02)
Accumulated late charges $ 285.41
Late charges $ 250.95
($16.73 per month to 2/02)
Escrow Deficit $ 820.61
5% Attorney's Commission $ 2,616.53
TOTAL $62,091.69**
** 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 & HAL
By
Leon P. Haller---PA I.D. 015700
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
K 9M K F\D OC S \C U M B E R LA\H E I N. P
MIDFIRST BANK, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
v5. CIVIL ACTION - LAW
CHRISTOPHER S. HEINBAUGH, NO. 2002 00408
DEFENDANT IN MORTGAGE FORECLOSURE
CERTIFICATE OF SERVICE
PURSUANT TO PA. R.C.P. 237.1
I hereby certify that on FEBRUARY 26, 2002 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.
By
Leon P. Haller PA I.D. #15700
Attorney for Plaintiff
Purcell, Krug & Haller
1719 North Front St.
Harrisburg, PA 17102
MIDFIRST BANK, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CHRISTOPHER S. HEINBAUGH
Defendant
NO. 2002-00408
: CIVIL ACTION LAW
: IN MORTGAGE FORECLOSURE
DATE OF THIS NOTICE: February 26, 2002
TO:
CHRISTOPHER S. HEINBAUGH
419 FACTORY STREET
CARLISLE, PA 17013
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:
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE,
CARLISLE, PA 17013
717-249-3166
800-990-9108
PURCELL, KRUG & $FddR
By
LEON P. HALL ER, Attorney for Plaintiff
I.D. # 15700
1719 N. Front St., Harrisburg, PA 17102
(717) 234-4178
C
-40
C)
r._
G
C)
r?
cn
c-;
-71
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW AT NO. 2002 00408
MIDFIRST BANK,
PLAINTIFF
VS.
CHRISTOPHER S. HEINBAUGH,
DEFENDANT(S)
TOTAL AMOUNT
OF JUDGMENT $52,330.59
Interest at $12.72 per diem
to sale date $ 2,734.80
Late charges at $16.73 per month
to sale date $ 83.65
Escrow Deficit $ 2,000.00
TOTAL $57,149.04*
*SALE DATE:
(PROTHONOTP.
Plaintiff
Attorney
Sheriff
This Writ
T OF EXECUTIC
DA00 1,
.,SEPT.4, 2002
'S USE)
TO THE PROTHONOTARY/CLERK OF SAID COURT:
Issue Writ of Execution in the above capti
Date: June 11, 2002
Attorney for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
TO THE SHERIFF OF CUMBERLAND COUNTY:
Leon P. Haller
PA I.D. 415700
case.
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 419 Factory Street,
Carlisle, PA 17013.
Date:
BY
DEPUTY
K:\MKF\DOCS\CUMBERLA\HE IN. W
ALL THAT CERTAIN tract of land situate in the Borough of Carlisle,
Cumberland County, Pennsylvania, more fully bounded and described as follows:
BEGINNING at an iron pin set in the Eastern right of way
at the dividing line between Tracts 2 and 2A on the hereinafter me
Plan; thence along said dividing line South eighty-three (83) degre
minutes zero (00) seconds East one hundred five (105.00) feet to E
along the western dedicated right of way line of Elbow Avenue Sc
thirteen (13) minutes zero (00) seconds West forty-three (43.00) fi
thence along the Northern edge of a certain unnamed alley North E
degrees forty-seven (47) minutes zero (00) seconds West one hun<
to an iron pin; thence along the Eastern right of way line of Factor
degrees thirteen (13) minutes zero (00) seconds East forty-three (4
the place of BEGINNING.
ne of Factory Street
:ioned Subdivision
forty-seven (47)
iron pin; thence
th six (6) degrees
t to an iron pin;
;hty-three (83)
ed five (105.00) feet
Street North six (6)
I feet to an iron pin;
BEING further described as tract 1 and tract 2A on the Fina Subdivision Plan for
Larry Thomas Bowen and Elizabeth A. Acri prepared by Douglas . Brehm, R.S. dated
10/30/91 and recorded in Cumberland County Plan Book 63, Page 43.
HAVING THEREON ERECTED A DWELLING KNOWN AS 419 FACTORY STREET,
CARLISLE, PENNSYLVANIA 17013.
SEE Deed Book 219 Page 368.
TO BE SOLD AS THE PROPERTY OF CHRISTOPHER S. H?INBAUGH ON JUDGMENT
NO. 2002 00408.
PARCEL #06 20 1798 196
?J
W
LD (J
ON
(J?
MIDFIRST BANK, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTIONI- LAW
CHRISTOPHER S. HEINBAUGH, NO. 2002 00448
DEFENDANT IN MORTGAGE FORECLOSURE
The Plaintiff in the above action, by its attorneys, Purcell,
Krug & Haller, sets forth as of the date the pra cipe for the writ
of execution was filed, the following information concerning the
real property located at 419 Factory Street, Carlisle, PA 17013:
1
Name and address of the owner(s) or ReOuted Owner(s):
Christopher S. Heinbaugh
419 Factory Street
Carlisle, PA 17013
2. Name and address of Defendant(s) in
different from that listed in (1) above:
the Judgment, if
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 record:
of every mortgage
PLAINTIFF HEREIN
(AND ANY OTHERS AS NOTED BELOW):
5. Name and address of every other person ho has any record
lien on the property:
UNKNOWN
6. Name and address of every other person ho has any record
interest in the property and whose interest may e affected by the
sale:
UNKNOWN
7. Name and address of every other pe
Plaintiff has knowledge who has any interest in
may be affected by the sale:
son of whom the
he property which
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.) l
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 re atinq tQ unsworn
falsification to authorities.
Leon P. Halle PA I.D. 415700
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, A 17102
(717) 234-4178
DATE: June 12, 2002
C-) N
'U CU G `, T.
rn.r
VAT N 17
!L• "L7 ?`-?-r?
4 _
z r, ;
cs -?
MIDFIRST BANK,
VS.
CHRISTOPHER S
IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTIONI- LAW
HEINBAUGH, NO. 2002 00408
DEFENDANT IN MORTGAGE FORECLOSURE
2IFF'S SALE C
PURSUANT TO
TAKE NOTICE:
That the Sheriff's Sale of Real Property (re?1 estate) will be
held:
DATE:
TIME:
LOCATION
WEDNESDAY, SEPTEMBER 4, 2002
10:00 O'clock A.M.
Commissioner's Hearing Room
2nd Floor
Cumberland County Courthous
Carlisle, Pennsylvania 170 3
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
419 Factory Street
Carlisle
CUMBERLAND COUNTY
PENNSYLVANIA
THE JUDGMENT under or pursuant to which you# property is being
sold is docketed in the within Commonwealth andlCounty to:
No. 2002 00408
is:
THE NAME (S) OF THE OWNER (S) OR REPUTED
Christopher S. Heinbaugh
A SCHEDULE OF DISTRIBUTION, being a list of
of this property
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 accolydance with this
schedule will, in fact, be made unless someone objects by filing
e.Yceptions to it within ten (10) days of the date it is filed.
Information about the Schedule of Distributi n may be obtained
from the Sheriff of the Court of Common Pleas of the within County
at the Courthouse address specified herein.
YOUR PROPERTY.
A
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 T ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Associatio
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
the within County to open the judgment if you
defense against the person or company that ha;
against you. You may also file an petition witl
you are aware of a legal defect in the obligatic
used against you.
f Common Pleas of
ave a meritorious
entered judgment
the same Court if
or the procedure
2. After the Sheriff's Sale you may file petition with the
Court of Common Pleas of the within County to et aside the sale
for a grossly inadequate price or for other p oper cause. This
petition MUST BE FILED BEFORE THE SHERIFF'S DEE 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.
zf 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
`_o 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
4
ALL THAT CERTAIN tract of land situate in the Borough of Carlisle,
Cumberland County, Pennsylvania, more fully bounded and described as follows:
BEGINNING at an iron pin set in the Eastern right of way line of Factory Street
at the dividing line between Tracts 2 and 2A on the hereinafter mentioned Subdivision
Plan; thence along said dividing line South eighty-three (83) degrees forty-seven (47)
minutes zero (00) seconds East one hundred five (105.00) feet to an iron pin; thence
along the western dedicated right of way line of Elbow Avenue South six (6) degrees
thirteen (13) minutes zero (00) seconds West forty-three (43.00) feet to an iron pin;
thence along the Northern edge of a certain unnamed alley North eighty-three (83)
degrees forty-seven (47) minutes zero (00) seconds West one hundred five (105.00) feet
to an iron pin; thence along the Eastern right of way line of Factory !Street North six (6)
degrees thirteen (13) minutes zero (00) seconds East forty-three (43) feet to an iron pin;
the place of BEGINNING.
BEING further described as tract 1 and tract 2A on the Final Subdivision Plan for
Larry Thomas Bowen and Elizabeth A. Acri prepared by Douglas S. Brehm, R.S. dated
10/30/91 and recorded in Cumberland County Plan Book 63, Page 143.
HAVING THEREON ERECTED A DWELLING KNOWN AS 419 FACTORY STREET,
CARLISLE, PENNSYLVANIA 17013.
SEE Deed Book 219 Page 368.
TO BE SOLD AS THE PROPERTY OF CHRISTOPHER S. HEINBAUGH ON JUDGMENT
NO. 2002 00408.
PARCEL #06 20 1798 196
N a
c
-0 01
? -±
.. L. -rt
iTi(Tl °L' ,
t1
Cm
.J
V
"?
CT
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 02-408 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MIDFIRST BANK Plaintiff (s)
From CHRISTOPHER S. HEINBAUGH, 419 FACTORY ST., CARLISLE PA 17013.
(1) You are directed to levy upon the property of the defendant (s)and to sell MEAL ESTATE
LOCATED AT 419 FACTORY ST., CARLISLE PA 17013 (SEE ATTACKED LEGAL
DESCRIPTION.).
(2) You are also directed to attach the property of the defendant(s) not levied
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the ga
paying any debt to or for the account of the defendant (s) and from delivering a
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is
of anyone other than a named garnishee, you are directed to notify him/her that
garnishee and is enjoined as above stated.
Amount Due $52,330.59
Interest @ $12.72/DIEM TO 9/4/02 $2,734.80
Atty's Comm %
Atty Paid $103.45
Plaintiff Paid
Date: JUNE 12, 2002
(Seal)
REQUESTING PARTY:
Name LEON P. HALLER, ESQ.
Address: 1719 N. FRONT ST.
HARRISBURG PA 17102
Attorney for: PLAINTIFF
in the possession
shee(s) is enjoined from
property of the defendant
in the possession
has been added as a
L.L. $.50
Due Frothy $1.00
Other Costs ESCROW
$2,000.00
LATE CHARGES @
CURTIS R. LONG
By:
TO 9/4/02 $83.65
Telephone: (717) 2344178
Supreme Court ID No. 15700
MIDFIRST BANK, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY,
PENNSYLVANIA
VS. CIVIL ACTION LAW
CHRISTOPHER S. HEINBAUGH, NO. 2002 004013
DEFENDANT IN MORTGAGE FORECLOSURE
S U P P L E M E N T A L
AFFIDAVIT PURSUANT TO P.R.C.P. 312 .1
The Plaintiff in the above action, by its attorneys, Purcell,
Krug & Haller, sets forth as of the date the pra cipe for the writ
of execution was filed, the following information concerning the
real property located at 419 Factory Street, Carlisle, PA 17013:
1. Name and address of the Owner(s) or
Christopher S. Heinbaugh
419 Factory Street
Carlisle, PA 17013
2. Name and address of Defendant(s) in
different from that listed in (1) above:
SAME
red owner(s):
the Judgment, if
3. Name and address of every judgment creditor
judgment appears of record on the real property o be sold:
4. Name and address of last recorded
mortgage of record:
PLAINTIFF HEREIN
(AND ANY OTHERS AS NOTED BELOW):
5. Name and address of every other person i
lien on the property:
UNKNOWN
6. Name and address of every other person
interest in the property and whose interest may
sale:
UNKNOWN
7. Name and address of every other pe
Plaintiff has knowledge who has any interest in
may be affected by the sale:
whose
holder of every
has any record
has any record
affected by the
. of whom the
property which
TENANTS IF ANY ...
Domestic Relations Office
Cumberland County Courthouse
Hanover & High Streets
Carlisle, PA 17013
AMERICAN GENERAL
6 S. HANOVER STREET
CARLISLE, PA 17013
(In the preceding information, where addreoses could not be
reasonably ascertained, the same is indicated.)
I verify that the statements made in this ffidavit are true
and correct to the best of my personal knowledg , information and
belief. I understand that false statements herein are made
subject to the penalties of 18 PA C.S. Section 490 elating to
unsworn falsification to authorities. i1°
Leon P,/. Hadller I.D. #15700
Pu ll, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
DATE: June 21, 2002
-rj
T
S -' =[j
_
MIDFIRST BANK, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
CHRISTOPHER S. HEINBAUGH, NO. 2002 00408
DEFENDANT IN MORTGAGE FORECLOSURE
RETURN OF SERVICE
I hereby certify that I ve deposited in the U.S. Mails at
Harrisburg, Pennsylvania on - - a true and correct
copy of the Notice of Sale of Real Estate pursuant to PA R.C.P.
3129.1 to the Defendants herein and all lienholders of record by
regular first class mail (Certificate of mailing form in compliance
with U.S. Postal Form 3817 is attached hereto as evidence), and
also to the Defendants by Certified Mail. Service addresses are as
follows:
Christopher S. Heinbaugh
419 Factory Street
Carlisle, PA 17013
Domestic Relations Office
Cumberland County Courthouse
Hanover & High Streets
Carlisle, PA 17013
AMERICAN ORAL
6 S. HANOVER STREET
CARLISLE, PA 17013
By
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
i
LAW OFFICES
PURCELL, KRUG AND HALLER
1719 NORTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17102-2392
JOHN W. PURCELL TELEPHONE (717) 234-4178
HOWARD B. KRUG FORECLOSURE DEPT. FAX (717) 234-1206
LEON P. HAL,LER
JOHN W. PURCELL JR.
BRIAN J. TYLER
JILL M. WINEKA
(717) 533-3836
NOTICE TO:
Christopher S. Heinbaugh ANIE;RICAN GEL
419 Factory Street
Carlisle, PA 17013 6 S. HANOvER STREET
CARLISLE, PA 17013
Domestic Relations Office
Cumberland County Courthouse
Hanover & High Streets
Carlisle, PA 17013
JOSEPH NISSLEY (1910-1982)
ANTHONY DiSANTO
OF COUNSEL
HERSHEY
1099 GOVERNOR ROAD
NOTICE IS HEREBY GIVEN to the Defendants in the within action and
those parties who hold one or more mortgages, judgments or tax liens
against the real estate which is the subject of the Notice of Sale
pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached
hereto.
YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution
issued out of the Court of Common Pleas of the within county on the
judgment of the Plaintiff named herein the said real estate will be
exposed to public sale as set forth on the attached Notice of Sale.
YOU ARE FURTHER NOTIFIED that the lien you hold aga' st the said
real estate will be divested by the sale and that yo have an
opportunity to protect your interest, if any, by notified of
said Sheriff's Sale.
By:
Leon P. Haller PA I.D.15700
Attorney for Plaintiff
MIDFIRST BANK, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
CHRISTOPHER S. HEINBAUGH, NO. 2002 00408
DEFENDANT IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
TAKE NOTICE:
held: the Sheriff's Sale of Real Property (real estate) will be
DATE: WEDNESDAY, SEPTEMBER 4, 2002
TIME: 10:00 O'clock A.M.
LOCATION: 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:
419 Factory Street
Carlisle
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. 2002 00408
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property
is:
Christopher S. Heinbaugh
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
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.
A
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 THAT CERTAIN tract of land situate in the Borough of Carlisle,
Cumberland County, Pennsylvania, more fully bounded and described as follows:
BEGINNING at an iron pin set in the Eastern right of way line of Factory Street
at the dividing line between Tracts 2 and 2A on the hereinafter mentioned Subdivision
Plan; thence along said dividing line South eighty-three (83) degrees forty-seven (47)
minutes zero (00) seconds East one hundred five (105.00) feet to an iron pin; thence
along the western dedicated right of way line of Elbow Avenue South six (6) degrees
thirteen (13) minutes zero (00) seconds West forty-three (43.00) feet to an iron pin;
thence along the Northern edge of a certain unnamed alley North eighty-three (83)
degrees forty-seven (47) minutes zero (00) seconds West one hundred five (105.00) feet
to an iron pin; thence along the Eastern right of way line of Factory Street North six (6)
degrees thirteen (13) minutes zero (00) seconds East forty-three (43) feet to an iron pin;
the place of BEGINNING.
BEING further described as tract 1 and tract 2A on the Final Subdivision Plan for
Larry Thomas Bowen and Elizabeth A. Acri prepared by Douglas S. Brehm, R.S. dated
10/30/91 and recorded in Cumberland County Plan Book 63, Page 143.
HAVING THEREON ERECTED A DWELLING KNOWN AS 419 FACTORY STREET,
CARLISLE, PENNSYLVANIA 17013.
SEE Deed Book 219 Page 368.
TO BE SOLD AS THE PROPERTY OF CHRISTOPHER S. HEINBAUGH ON JUDGMENT
NO. 2002 00408.
PARCEL ##06 20 1798 196
ReMidland v.Heinbaugh
Cumberland Sale 9/4/02
U. S. POSTAL SERVICE
CERTIFICATE OF MAILING
(In compliance with Postal Service Form 3877)
Received from:
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
One piece of ordinary mail
Christopher S. Heinbaugh
419 Factory Street
Carlisle, PA 17013
J W
W M
? O
Uj
Received from: - Q
Purcell, Krug & Haller W =
1719 North Front Street Q U)
Harrisburg, PA 17102
One piece of ordinary mail addressed to:
Domestic Relations Office
Cumberland County Courthouse
Hanover & High Streets
Carlisle, PA 17013
Postmark:
Postmark:
U. S. POSTAL SERVICE
CERTIFICATE OF MAILING
In compliance with Postal Service Form 3877,1
Received from:
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
One piece of ordinary mail addresse-I `
AMERICAN GENERAL
6 S. HANVOER STREET
CARLISLE, PA 17013
addressed to:
Postage`~
y a
Postage:
tage:
n
1ST'
?
?? F )
..i
G
` J
.
(/1
-' 1 F
-' r
?
-?-
r-?°-
'
--- l
4? _
r
s
ray
_
.. S ?
;CJ
? ? ??
?
l C>
L.l n
..? 1`
ca =::a
Z
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND I SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which Midfirst Bank is the grantee the same having been sold to said grantee on
the 4th day of Sept A.D., 2002, under and by virtue of a writ Execution issued on the 18th day of June,
A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 408, at
the suit of Midfirst Bank against Christopher S Hienbaugh is duly recorded in Sheriff's Deed Book No.
254, Page 834.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this day of
Q&r- , A.D. 2002
Recorder of Deeds
RecaderofDeede,Cwft eneCq OWNrs,PA
My COMA 81m EVkN da Feq=lI a Jni u
30' ro
Midfirst Bank
VS
Christopher S. Heinbaugh
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2002-408 Civil Term
Ronald Bitner, Deputy Sheriff, who being duly sworn according to law, states that
on June 25, 2002 at 11:10 o'clock AM, he served a true copy of the within Real Estate
Writ, Notice and Description, in the above entitled action, upon the within named
defendant, to wit: Christopher S. Heinbaugh, by making known unto Christopher S.
Heinbaugh personally, at 1 Bridgewater Lane, Newville, Cumberland County,
Pennsylvania, its contents and at the same time handing to him personally the said true
and correct copy of the same.
Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states
that on July 5, 2002 at 3:05 o'clock PM, he posted a true copy of the within Real Estate
Writ, Notice, Poster and Description, in the above entitled action, upon the property of
Christopher S. Heinbaugh located at 419 Factory Street, Carlisle, Pennsylvania,
according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law says he served
the above Real Estate Writ, Notice, Poster and Description in the following manner: The
Sheriff mailed a notice of the pendency of the action to one of the within named
defendants to wit: Christopher S. Heinbaugh, by regular mail to his last known address
of 1 Bridgewater Lane, Newville, PA 17241. This letter was mailed under the date of
July 8, 2002 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, he exposed the within
described premises at public venue or outcry at the Court House, Carlisle, Cumberland
County, Pennsylvania, on September 4, 2002 at 10:00 AM. He sold the same for the sum
of $30,000.00 to Attorney Leon Haller for Midfirst Bank. It being the highest bid and
best price received for the same, Midfirst Bank of 3232 West Reno, Oklahoma City,
Oklahoma 73107, being the buyer in this execution, paid Sheriff R. Thomas Kline the
sum of $4000.00.
Sheriffs Costs
Docketing $ 30.00
Poundage 600.00
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library .50
Prothonotary 1.00
Mileage 11.04
Certified Mail 1.17
Levy 15.00
Surcharge 20.00
Legal Search 200.00
Law Journal 297.95
Patriot News 232.15
Share of Bills 25.20
Distribution of Proceeds 25.00
Sheriffs Deed 29.50
$1,558.51
Sworn and subscribed to before me s;
This f? l` day of Oc.w-? R. Thomas Kline, Sheriff
2002, A.D. a ?lCc % BY
rothonotazy Real state Deputy
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) `
COUNTY OF CUMBERLAND)
NO 02-408 Civil
CIVIL ACTION- LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MIDFIRST BANK Plaintiff (s)
From CHRISTOPHER S. HEINBAUGH, 419 FACTORY ST., CARLISLE PA 17013.
(1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE
LOCATED AT 419 FACTORY ST., CARLISLE PA 17013 (SEE ATTACHED 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 gamishee(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 $52,330.59
Interest @ $12.72/DIEM TO 9/4/02 $2,734.80
Arty's Conan %
Arty Paid $103.45
Plaintiff Paid
Date: JUNE 12, 2002
(Seal)
REQUESTING PARTY:
L.L. $.50
Due Prothy $1.00
Other Costs ESCROW DEFICIT $2,000.00
LATE CHARGES @ $16.73MO TO 9/4/02 $83.65
CURTIS R. LONG
Prothd tary
By: kA?v
Deputy
Name LEON P. HALLER. ESQ.
Address: 1719 N. FRONT ST.
HARRISBURG PA 17102
Attorney for: PLAINTIFF
Telephone: (717) 234-4178
Supreme Court ID No. 15700
Y
Real Estate Sale # 76
On June 18, 2002 the sheriff levied upon the
defendant's interest in the real property situated in
The Borough of Carlisle, Cumberland County,
PA known and numbered as 419 Factory Street,
Carlisle, more fully described on Exhibit "A" filed
with this writ and by this reference incorporated herein.
Date: June 18, 2002 By: J64JV c
Real Estate Deputy
0
Ai D!
SCHEDULE OF DISTRIBUTION
SALE NO. 76
Date Filed: October 4, 2002
Writ No. 2002-408 Civil Term
Midfirst Bank
VS
Christopher S. Heinbaugh
419 Factory Street
Carlisle, PA 17013
Sale Date: September 4, 2002
Buyer: Midfirst Bank
Bid Price: $30,000.00
Real Debt $52,330.59
Interest 2,734.80
Attorney Writ Costs 103.45
Escrow Deficit 2,000.00
Late Fees 83.65
Total: $57,252.49
DISTRIBUTION
Receipts:
Cash on account (6/18/02) $1,000.00
Cash on account (9/04/02) 3,000.00
Credit Writ 26,000.00
Total Receipts: $30,000.00
Disbursements:
To Sheriffs Costs
To Legal Search
To Attorney Leon P. Haller
Credit Writ
Total Disbursement:
Balance for Distribution:
So Answers:
$1,358.51
200.00
2,441.49
26,000.00
($30,000.00)
0.00
R. Thomas Kline
Sheriff
TITLE REPORT
THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING
ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY
EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED.
SHERIFF SALE NO. 76
Held Wednesday, September 4, 2002
Date: September 4, 2002
TAXES: Receipts for all taxes for the years 1999 to 2001 inclusive. Taxes for the current year
2002.
WATER RENT: Company assumes no liability for private supply of water or sewer.
SEWER RENT Receipts to be produced if services are lienable.
MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims.
MUNICIPAL CLAIMS
MORTGAGES: Listed Under Other Exceptions Below.
JUDGMENTS: Listed Under Other Exceptions Below.
INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to
dated 2002, and recorded
12002, in Cumberland County Deed Book , Page
RECITAL: BEING the same premises which Kevin J. Diller and Kelly G. Diller, his wife, by
deed dated April 13, 2000 and recorded April 14, 2000 in the Office of the Recorder of Deeds in
and for Cumberland County, at Carlisle, Pennsylvania in Deed Book 219, Page 368, granted and
conveyed to Christopher S. Heinbaugh, married man.
OTHER EXCEPTIONS:
1. The identity and legal competency of parties at the closing of this title should be
established to the satisfaction of the closing attorney acting for this Company.
2. Rights or claims of parties in possession, if any, other than the owner.
3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area
and encroachments which an accurate and complete survey would disclose.
4. Payment of State and local Real Estate Transfer Taxes, if required.
5. Public and private rights in the road bed of 54 feet wide Factory Street, 12 foot
Elbow Avenue, and a 12 foot wide unnamed alley.
6. Conditions, easements and restrictions shown on or set forth on the Final
Subdivision Plan for Plan for Larry Thomas Bowen and Elizabeth A. Acri recorded in Cumberland
County Plan Book 63, Page 143.
7. Mortgage in the amount of $52,566.00 given by Christopher S. Heinbaugh to
Cendant Mortgage, Corporation dated April 13, 2000 recorded April 14, 2000 in the Office of the
Recorder of Deeds in Mortgage Book 1606 Page 78. Assigned to MidFirst Bank, by assignment
recorded December 11, 2001 in Miscellaneous Record Book 682 Page 4949
Complaint in mortgage foreclosure filed by MidFirst Bank as Plaintiff against Christopher
S. Heinbaugh as Defendant in the office of the Prothonotary of Cumberland County on January 24,
2002, to File No. 2002-408. Judgment in the amount of $62,091.69 entered March 13, 2002.
12. Judgment in the amount of $1,805.31 entered by American General as Plaintiff
against Christopher S. Heinbaugh as Defendant in the Office of the Prothonotary of Cumberland
County on March 8, 2001 to file No. 2001-1235.
13. The rights of the spouse of Christopher S. Heinbaugh in the subject premises by
virtue of the Pennsylvania Divorce Code. It is to be noted that a custody action involving the said
Christopher S. Heinbaugh as Defendant was filed by Shannon G. Heinbaugh, but no divorce
proceedings were found filed in Cumberland County.
14. Satisfactory evidence to be produced that proper notice was given to the holders of
all liens and encumbrances intended to be divested by subject Sheriff Sale.
18. Real estate taxes accruing on and after January 1, 2003 not yet due and payable.
It is to be noted that no search of Domestic Relations Records has been made to
determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any
search been made for environmental liens in Federal District Court.
Robert U. Frey, Agent
Note: This Title Report shall not be valid or binding
until countersigned by an authorized signatory.
REAL ESTATE SALE #76
ATTORNEY Leon P. Haller
Advance Costs: $1,000.00
Assessed Valuation: 40,390.00
Writ No. 2002-408 Civil Term
Midfirst Bank
VS
Christopher S. Heinbaugh
419 Factory Street
Carlisle, PA 17013
Real Debt: $52,330.59
Interest from 2,734.80
Attorney writ costs 103.45
Escrow Deficit 2000.00
Late Fees 83.65
Sheriff's Costs
Docketing 30.00
Poundage 660.00
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library .50
Prothonotary 1.00
Mileage 11.04
Certified Mail 1.17
Levy 15.00
Surcharge 20.00
Postpone sale
Legal Search 700.00
Law Journal 297.95
Patriot News 232.15
Share of bills 25.20
Distribution of proceeds 25.00
Sheriff's deed 29.50
Current Taxes 438.64
MIDFIRST BANK, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
"HRISTOPHER S. HEINBAUGH, NO. 2002 00408
DEFENDANT 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 419 Factory Street, Carlisle, PA 17013:
1. Name and address of the owner(s) or Reputed Owner(s):
Christopher S. Heinbaugh
419 Factory Street
Carlisle, PA 17013
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
°mpears 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):
5. Name and address of every other person who has any record
lien on the property:
UNKNOWN
(i. 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
ir, be affected by the sale:
TENANTS IF ANY ...
Domestic Relations Office
e'umberland County Courthouse
Hanover & High Streets
Ssrlisle, 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
I understand that false statements herein are made subject
ttv penalties of 18 PA C.S. Section 4904 relating to unsworn
t,-ilsiiication to authorities.
Leon P. Haller PA I.D. #15700
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
DATE: June 12. 2002
:M HL Fll BANK, IN THE COURT OF COMMON PLEAS
EST
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
VS. . CIVIL ACTION - LAW
CHRISTOPHER S. HEINBAUGH, NO. 2002 00408
DEFENDANT IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
TAKE NOTICE:
meld:
That the Sheriff's Sale of Real Property (real estate) will be
DATE: WEDNESDAY, SEPTEMBER 4, 2002
TIME: 10:00 O'clock A.M.
LOCATION: 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
bo,,indaries 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:
419 Factory Street
Carlisle
CUMBERLAND COUNTY
PENNSYLVANIA
THE JUDGMENT under or pursuant to which your property is being
a>ld is docketed in the within Commonwealth and County to:
No. 2002 00408
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property
Christopher S. Heinbaugh
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
S},eriff of this County thirty (30) days after the sale and
dis!ribution of the proceeds of sale in accordance with this
?_hedule will, in fact, be made unless someone objects by filing
=ceptions to it within ten (10) days of the date it is filed.
Cnformation about the Schedule of Distribution may be obtained
_rom.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:
You may file a petition with the Court of Common Pleas of
_.tn-. within County to open the judgment if you have a meritorious
is-'ense 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.
?. After the Sheriff's Sale you may file a petition with the
rt of: Common Pleas of the within County to set aside the sale
: grossly inadequate price or for other proper cause. This
T- i ^n MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
3. A petition or petitions raising the legal issues or rights
nF(ntioned 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
.sttached to the petition.
If a specific return date is desired, such date must be
wined from the Court Administrator's office - Civil Division, of
within County Courthouse, before a presentation of the petition
__ =he Court.
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 tract of land situate in the Borough of Carlisle,
Cumberland County, Pennsylvania, more fully bounded and described as follows:
BEGINNING at an iron pin set in the Eastern right of way line of Factory Street
at the dividing line between Tracts 2 and 2A on the hereinafter mentioned Subdivision
Plan; thence along said dividing line South eighty-three (83) degrees forty-seven (47)
minutes zero (00) seconds East one hundred five (105.00) feet to an iron pin; thence
along the western dedicated right of way line of Elbow Avenue South six (6) degrees
thirteen (13) minutes zero (00) seconds West forty-three (43.00) feet to an iron pin;
thence along the Northern edge of a certain unnamed alley North eighty-three (83)
degrees forty-seven (47) minutes zero (00) seconds West one hundred five (105.00) feet
to an iron pin; thence along the Eastern right of way line of Factory Street North six (6)
degrees thirteen (13) minutes zero (00) seconds East forty-three (43) feet to an iron pin;
the place of BEGINNING.
BEING further described as tract 1 and tract 2A on the Final Subdivision Plan for
Larry Thomas Bowen and Elizabeth A. Acri prepared by Douglas S. Brehm, R.S. dated
10/30/91 and recorded in Cumberland County Plan Book 63, Page 143.
j; VING THEREON ERECTED A DWELLING KNOWN AS 419 FACTORY STREET,
1- wISLE. PENNSYLVANIA 17013.
SEE Deed Book 219 Page 368.
TO BE SOLD AS THE PROPERTY OF CHRISTOPHER S. HEINBAUGH ON JUDGMENT
NO. 2002 00408.
PARCEL #06 20 1798 196
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Frank J. Epler being duly sworn according to law, deposes and says:
That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the
City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The
Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the
City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th,
1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of July and the 6th
day(s) of August 2002. That neither he nor said Company is interested in the subject matter of said printed notice
or advertising, and that all of the allegations of this statement as to the time, place and character of publication are
true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION `".' . .
COPY Sworn to and subscribed before me V_jis 14th day of A46st A. D..
S A L E #76
REAL ESTATE SALE No. 76
Writ No. 2002-408
Civil Term
Mldflrst Bank
vs
Christopher S. Helnbaugh
Atty: Leon P. Haller
DESCRIPTION
ALL THAT CERTAIN tract of land situate in the
Borough of Carlisle, Cumberland County,
Pennsylvania, more fully bounded and described
as follows:
BEGINNING at an iron pin set in the Eastern
right-of-way line of Factory Street at the dividing
line between Tracts 2 and 2A on the hereinafter
mentioned Subdivision Plan; thence along said
dividing line South eighty-three (83) degrees
forty-seven (47) minutes zero (00) seconds East
one hundred five (105.00) feet to an iron pin;
thence along the western dedicated right- of-way
line of Elbow Avenue South six (6) degrees
thirteen (13) minutes zero W) seconds West
forty- three (43.00) feet to an iron pin; thence
along the Northern edge of a certain unnamed
L. tary Public
uphin County NOTAFY PUBLIC
=Commission al
s June 6, 2006
commission Member, Pennsylvania Association Of Notarie expires June 6, 2006
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 $ 230.40
Probating same Notary Fee(s) $ 1.75
Total
$ 232.15
Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
alley North eighty- three (83) oegrees forty-seven
(47) minutes zero (00) seconds West one hundred
five (105.00) feet to an iron pin; thence along the
By
""'"""
Eastern right-of-way line of Factory Street North
six (6) degrees thirteen (13) minutes zero (00)
seconds East forty-three (43) feet to an iron pin; HAVING THEREON erected a dwelling known
8
the place of BEGINNING. as 419 Factory Street, Carlisle, Pennsylvania
17013
BEING further described as mact I and tract 2A
on the Final Subdivision Plan for Larry Thomas .
SEE Deed Book 219 Page 368. TO BE SOLD as
Bowen and Elizabeth A. Acri prepared by the property of Christopher S. Heinbaugh on
Dou las S. Brehm, R.S. d tied 10/30/91 and
recorded in Cumberland County Plan Book 63, Judgment No. 2002 00408.
PARCEL NO. 06-20-1798-196.
Page 143.
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 the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
JULY 26, AUGUST 2, 9, 2002
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 ESTATE SALE NO. 76
Writ No. 2002-408 Civil
Midfirst Bank
vs.
Christopher S. Heinbaugh
Atty.: Leon P. Haller
ALL THAT CERTAIN tract of land
situate in the Borough of Carlisle,
Cumberland County, Pennsylvania,
more fully bounded and described
as follows:
BEGINNING at an iron pin set in
the Eastern right of way line of Fac-
tory Street at the dividing line be-
tween Tracts 2 and 2A on the here-
inafter mentioned Subdivision Plan;
thence along said dividing line South
eighty-three (83) degrees forty-seven
(47) minutes zero (00) seconds East
one hundred five (105.00) feet to
an iron pin; thence along the west-
ern dedicated right of way line of
Elbow Avenue South six (6) degrees
thirteen (13) minutes zero (00) sec-
onds West forty-three (43.00) feet
Roger M. Morgenthal, Editor
SWORN TO AND SUBSCRIBED before me this
9 day of AUGUST, 2002
LOIS E. S?,N.,,YDER, Notary Pd*
CarK* SM, Cumb&lwid qty
My Corgis M Expire: Meech 55.2005
to an iron pin; thence along the
Northern edge of a certain unnamed
alley North eighty-three (83) degrees
forty-seven (47) minutes zero (00)
seconds West one hundred five
(105.00) feet to an iron pin; thence
along the Eastern right of way line
of Factory Street North six (6) de-
grees thirteen (13) minutes zero (00)
seconds East forty-three (43) feet
to an iron pin; the place of BEGIN-
NING.
BEING further described as tract
1 and tract 2A on the Final Subdivi-
sion Plan for Larry Thomas Bowen
and Elizabeth A. Acri prepared by
Douglas S. Brehm, R.S. dated 10/
30/91 and recorded in Cumberland
County Plan Book 63, Page 143.
HAVING THEREON ERECTED A
DWELLING KNOWN AS 419 FAC-
TORY STREET, CARLISLE. PENN-
SYLVANIA 17013.
SEE Deed Book 219 Page 368.
TO BE SOLD AS THE PROPER-
TY OF CHRISTOPHER S. HEIN-
BAUGH ON JUDGMENT NO. 2002
00408.
PARCEL #06 20 1798 196.
--r-