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HomeMy WebLinkAbout04-4562 o. Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 717.234.4178 mtg@pkh.com Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDFIRST BANK vs. o 'f- If S-r...2- ACTION OF MORTGAGE FORECLOSURE CIVIL ACTION - LAW MICHELE K. LAZERA TION AND CHARLES R. LAZERA TION Defendant(s) THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AV1S0 LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSECONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DlAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGlSTRE 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 EST A DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU P ARTlCIP ACION. ENTONCES, LA COUTE PUEDE, SIN NOTlF1CARIO, DECIDlR A FAVOR DEL DEMAND ANTE 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 IMMEDlATEAMENTE. 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 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MIDFIRST BANK, vs. MICHELE K. LAZERATION AND CHARLES R. LAZERA TION, CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendant 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 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MIDFIRST BANK, vs. o y. 'I S"(...,L. CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE MICHELE K. LAZERA TION AND CHARLES R. LAZERA TION, Defendant COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is MIDFIRST BANK, a corporation whose address is 999 N.W. GRAND BOULEVARD SUITE 100 OKLAHOMA CITY, OK 73118 . 2. Defendant, MICHELE K. LAZERATION, is an adult individual whose last known address is 58 QUEEN AVENUE ENOLA, PA 17025. Defendant, CHARLES R. LAZERATION, is an adult individual whose last known address is 302 NORTH END STREET WORMLEYSBURG, P A 17043. 3. On or about, December 28,1999, the said Defendants executed and delivered a Mortgage Note in the sum of$86,455.00 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 1590, Page 202 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to MIDFIRST BANK and was recorded in the aforesaid County in Mortgage Book 682, Page 2552. Said Mortgage and Assignment is incorporated herein by reference. 5. The land subject to the Mortgage is: 350 N. 2ND STREET WORMLEYSBURG, PENNSYLVANIA 17043 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on March 01, 2004 and all subsequent installments thereon, and the following amounts are due on the Mortgage: Interest at $20.21 per day From 02/01/2004 To 10/0112004 (based on contract rate of 8.5000%) $86,786.67 $4,890.82 UNPAID PRINCIPAL BALANCE Accumulated Late Charges Late Charges $26.59 From 03/0112004 to 10/0112004 $633.72 $186.13 Escrow Deficit $1,031.75 $4,339.33 $97,868.42 Attorney's Fee at 5% of Principal Balance TOTAL **Together with interest at the per diem rate noted above after October 01, 2004 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 ofIntention 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. 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 Soldiers and Sailors Relief Act of 1940, as amended. 11. The within Mortgage is insured by the Federal Housing Administration under Title 11 of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.5000% ($20.21 per diem), together with other charges and costs including escrow advances incidental thereto to the date of S eriff's Sale and for foreclosure and sale of the property within described. By: PURCELL, KRU Leon P. HaUer, Es re Attorney for Plaintiff LD. # 15700 1719N. Front Street Harrisburg, PA 17102 (717-234-4178) , Loan' : 0008755035 . . Multistat,e . NOTE FHA Case No. 441-6168135-703 December 28th, 1999 [D."'I 350 NORTH SBCCIND STRBICT, II'ORMLKYSBURG, PA 17043 (property Add.....] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. 'Lender" means CBmlANT IIORTQAGB CORPORATJ:ON and its successors and assigns. 2. Jl.ORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum ofEighty-S:lx Thousend rour Hundred Fifty-Five Dollars ~~d Zero Cents Dollars (U.S. $ 86,455.00 ), p'lus interest, to the order of Lender. Interest will be chargeel on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Bight snd one Half percent ( 8.500 %) per yeu until the full amount of principal bas been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as tbis Note and called tbe "Security Instrument. " lbe Security Instrument protects the Lender from losses whicb might resull if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on February 1st , 2000 , Any principal and interest remaining on the first day of JanuI,ry 2030 , will be due on that date, whicb is called the "Maturity Date," (B) Place Payment shaH be made at P.O. Box 5457. lit Laurel, NJ 08054 or at such place as Lender may designate in writing by notice to Borrower, (e) Amount Each monthly payment of principal and interest wiH be in the amount of U.S. $ 664.77 . This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for payment adjustments If an aUonge providing for payment adjustments is executed by Borrower together with this Note, tbe covenants of tbe allonge sball 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] DOraduated Payment Allonge DOrowing Equity Allonge DOther [specify] S. BORROWER'S RIGHI' TO PREPAY Borrower has the rigbtto pay the debt evidenced by this Note, in wbole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent require.~ by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment. there will be no cbanges in the due date or in tbe amount of the monthly payment unless Lender agrees in writing to those changes. _ FHA Multlstol. FIxed Rat. N... - t0195 ~ -1R (9601).03 k ~ I/MP MOATGAGE FORMS. jB001521-7291 AJ/ .1'/ f\A ' PfI9" 012 Inlt"~(,...~ _ It'" Ur.llIl9!41:Of;t'M ~l'bi+ liAl1 Original 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 ofJ'our percent ( '.00 ')1,) 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 not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Developmenl or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above. Lender may require Bonower 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 delllJlll(\ payment of amounts due, "Notice of dishonor" means the right to require Lender to give notice 10 other persons that amouUlS due have not been paid. 8. GIVlNG 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 differem address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER TlUS 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 logether, Anyone person signing this Note may be required to pay all of the amouUlS owed under this Note. ~ (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower ()O\ft.!~"1' "Ir .1N~111S3~d 3~)".J..l\IV.1~ (Seal) "l..... -..rvriO" "11. (Seal) -Borrower .-: .,tl<::'c:l~OO 3mrolt-l~ ao -Borrower ::: :1:I0003t;ll.r ",""'..l1M (Seal) :i~ ~3a~O 3H,;. I... AVd (Seal) -Borrower ~Borrnwer ~ .1R 196011.03 P92of2 um""'l;06PM Original ALL THAT CERTAIN piece or parcel of land situate in the Borough of WOrmleysburg, Cumberland County, Pennsylvania, known and described as Lot No, 129 on Plan No.3 of Bdgewater, said plan being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 1, Page 71, and being more particularly bounded and described as follows, to wit: BEGINNING at a point formed by the intersection of the westl~rn line of Second Street with the southern line of Elm Street; thence in a southerly direction along the western line of Second street twenty-five (25) feet to a point on the dividing line between Lots Nos. 128 and 129 on said plan, said dividing line passing through the center of a partition wall of the double dwelling erected in part upon the lot herein described; thence ~n a we'3terly direction along said last mentioned line one hundred fift:, (150) feet to Hill Alley; thence in a northerly direction alo~g the eastern line of Hill Alley twenty-five (25) feet to Elm Street; thence in an easterly direction along the southern line of Slm Street one hundred fifty (150) feet to the point or place of BEGINNING. HAVING thereon erected the northern half of a double two story brick and stucco dwelling, 350 N~rth Second Street, Wormleysburg, Pennsylvania. G'fh ~ 61~ \\011 VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff MIDFIRST BANK. Said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: September 9, 2004 ~ Leo r~.l '.:::) c., -.( .;.;.- ',::...\-.;. , . ~. n . 8 "- ~ (" Ci --0 ~ ~ "G\ "J "", '-) .. f.,.' " "- "\ r- Ii.. \) V- -- ~. , '-- C SHERIFF'S RETURN - REGULAR CASE NO: 2004-04562 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBE.RLAND MIDFIRST BANK V" " LAZERATION MICHELE K ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland Count;{,Pennsylvania, who being duly sworn according to law, TENANT/OCCUPANT says, the within COMPLAINT - MORT FORE was served upon the DEFENDANT , at 1805:00 HOURS, on the 14th day of September, 2004 at 350 N 2ND STREET WORMLEYSBURG, PA 17043 MICHELE LAZERTON by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge 6,00 ,00 .00 10,00 ,00 16,00 Sworn and Subscribed to before me this .:2<2 AU.( day of .J21'~ 02-1ltJ'/ A.D, (J tJ- fl ~~ ,,~ nrothonotary , So Answers: ~r;~'::" //:6? -r ~-<<: re..-.J' R, Thomas Kline 09/15/2004 PURCELL KRUG HALLER By: "J ), O~~^-- V Deputy Sheri ~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-04562 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIDFIRST BANK VS LAZERATION MICHELE K ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, was served upon says, the within COMPLAINT - MORT FORE LAZERATION CHARLES R the DEFENDANT , at 1805:00 HOURS, on the 14th day of September, 2004 at 350 N 2ND STREET WORMLEYSBURG, PA 17043 MICHELE LAZERTON, WIFE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 ,00 10,00 ,00 16,00 Sworn and Subscribed to before me this .2.2~ day of ~t"-~ A,D, (l. f1 tndU/ II~ ~rothonotary So Answers: '/'"'J A''f/ . ~/~4 .-J.:,~c~ "..G'" /- ~:'/ __.A "~",,,- /.::~~~-""':.,d..-..~ ,'l ,,-',.1;;;:,,;f,....~...'."-~- R, Thomas Kline 09/15/2004 PURCELL KRUG HALLERf/ By: ~~t, Q Deputy shi1il f SHERIFF'S RETURN - REGULAR CASE NO: 2004-04562 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIDFIRST BANK V" -, LAZERATION MICHELE K ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LAZERATION MICHEI,E K the DEFENDANT , at 1805:00 HOURS, on the 14th day of September, 2004 at 350 N 2ND STREET WORMLEYSBURG, PA 17043 by handing to MICHELE K LAZERTON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18,00 11.84 .00 10.00 ,00 39.84 ?,~~.J R, Thomas Kline Sworn and Subscribed to before 09/15/2004 PURCELL KRUG HALLER ~'Vv.k Deputy Sher' By: me this ";.2~ day of _~. ~1J1)'f A,D. (l.. .~ a 7:1~ iPo-:J;thonotary PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MIDFIRST BANK, VS. CIVIL ACTION LAW MICHELE K. LAZERA TION AND CHARLES R. LAZERATION, DEFENDANT(S) NO. 2004-4562 MORTGAGE FORECLOSURE P RAE C I PE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) MICHELE K. LAZERATION AND CHARLES R. LAZERATION for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff s damages as follows: Unpaid Principal Balance Interest Per diem of $20.21 From 02/01/2004 To 10/01/2004 Accumulated Late Charges Late Charges ($26.59 per month to 10/0112004) Escrow Deficit $86,786.67 $4,890.82 $633.72 $186.13 5% Attorney's Commission TOTAL $1,031.75 $4,339.33 $97,868.42 * * Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff s Sale. PURCELL, KRUG & HALL~ _,,;Jt' By ~ \, I".,) ~ <:::::> 0 (:::..:.:> ~ ~ -:;- -I") ~:: :r ~ F c) -.;"'" rn ::n '- r-- h ~ "- I -c, rn t> I.!:.) :09 "- c. ) -...::. C> ... > .~;i!$ '" -..() *-'".. p ~ .....:r.~J* ,=20 ~ ? 0 C.iJ"n ';'-; "i:!l.. (..., :J'.J -< PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MIDFIRST BANK, VS. CIVIL ACTION LAW NO. 2004-4562 MICHELE K. LAZE RATION AND CHARLES R. LAZERATION, DEFENDANT IN MORTGAGE FORECLOSURE NON-MIL IT ARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed before me this -Y- day of ;() (',V 20 ~r 0A1fA' rn &~. NJ;;ry P~blic COMMONWEALU.I OF PENNSYLVANIA . Notarial Seal ~racl M. ~mstein, Notary Public City of~sburg, Dauphin County My ComlD1SslOo Expires Aug. 21, 20"07 Member. Pennsylvania Association 01 Notaries ~~ r--..,) C) = c:.:,') -1'1 ..s:- ~:~\,' :;r: -I "'~) t. , ...,- I") C) -::'-71 -<: 11,\=:: :' I ~......,m .P6 \.D '.'OJ J,_, ~1:~ :B ( ~ ']0 J,," f') C3 ?-:;nl ~~; '--' .. -I =~ )> ,". .~, +:- -< PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MIDFIRST BANK, Vs. CIVIL ACTION LAW NO. 2004-4562 MICHELE K. LAZERATION AND CHARLES R. LAZERATION, DEFENDANT(S) IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on October 6,2004 I served the Ten Day Notice required by Pa. R.C.P. on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. By ~ Leon P r PA J.D. # 15 00 Attorney for Plaintiff , Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 " . ,....., = 0 t:''",;:) \"If .z- ,I Z ~ c:> c:r:""" ni,~ ... I \:0 P1 1...0 ?90 :=~ (~) ::e-. :-;:"71 -",.. () n -:;.c;.. "',,,(") ';? t5rn ::;:~I .r.:- :r:j .< / Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MIDFIRST BANK, VS. NO. 2004-4562 MICHELE K. LAZERA TION AND CHARLES R. LAZERA TION Defendant CIVIL ACTION LAW IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: October 6, 2004 TO: MICHELE K. LAZERA TION 350 NORTH 2ND STREET WORMLEYSBURG, P A 17043 CHARLES R. LAZERA TION 350 NORTH 2ND STREET WORMLEYSBURG, P A 17043 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 LA WYER 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 A VENUE CARLISLE, PA 17013 717-249-3166 PURCELL, KRUG & By LEON I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 ~ t 0 r--., 0 = c:: c;;.> .1 ..1:.- ~'... --1 ,otl\t_ IlJ C:) .,.:.::: n1 p_. r ~g~ \.0 0) ::;:j~. ~ ,.l_ -h 0-- -:;"... ;~~ () ,;-::> OHl .--1 ....r;--.. "::1 .::- :<; PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MIDFIRST BANK, VS. CIVIL ACTION LAW NO. 2004-4562 MICHELE K. LAZERA TION AND CHARLES R. LAZERATION, DEFENDANT(S) IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS: You are hereby notified that on 11~ 9, c) t>o <-I the following judgment has been entered against you in the above-captioned matter: $97,868.42 and for the sale and foreclosure of your property located at: 350 N. 2ND STREET WORMLEYSBURG, PENNSYL VANIA 17043 Dated: November 4, 2004 ~. R ;f~.~ PROTHONOl' AJl{Y Attorney for Plaintiff: Leon P. Haller 1719 North Front Street Harrisburg, P A 17102 Phone: (717) 234-4178 I hereby certify that the following person(s) and their respective addresses are the proper individuals to receive this Notice pursuant to PA RC.P. No. 236 MICHELE K. LAZERA nON 350 NORTH 2ND STREET WORMLEYSBURG, P A 17043 CHARLES R LAZERA nON 350 NORTH 2ND STREET WORMLEYSBURG, P A 17043 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2004-4562 MIDFIRST BANK, PLAINTIFF Total Judgment Amount Interest Per diem of$20.21 to sale date 3/2/2005 Late Charges $26.59 per month to sale date 3/2/2005 Escrow Deficit $97,868.42 $3,071.92 VS. $980.03 MICHELE K. LAZERATION AND CHARLES R, LAZERATION, DEFENDANT(S) $2,166.00 TOTAL WRIT $104,086.37 *Plus additional interest, late charges and other costs to date of sheriffs sale. SALE DATE: Wednesday, March 02, 2005 (PROTHONOTARY'S USE) Pltf. Paid Deft. Paid Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. Date: November 4,2004 Attorney for Plaintiff 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEAL TH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 350 N. 2ND STREET WORMLEYSBURG, PENNSYLVANIA 17043 Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY ~ " (') ""-> => 0 ~ f"~""" c".~ '-. -" " ~C. ..,r.- ~ ~ t"i-' ~ :r!-n ~ r ,. ~ 0 .....;:: Ill;=: I "Dr11 :r:;Q " '-0 C) .!.. ....... C> ~ ~~~; '- ;:r.:.. c;.. , C) ...,~.~ ~;? l"') ~ _t... -..l ~ (3rn \.) CJ ""l & .. --j "" "t~ ~ :-0 .!:"" -.< ,-,. ........ ~ ~ ..... '- '-" ~ ~ ~ C' '" ~ ~ ~ . G -.. 'd ~ d ~ ~ a ~ l.r. .... ~ '"'" r , ~ t' , ;- '" >-. " .R , ALL THAT CERTAIN piece. parcel or tract of land. situate In th& Borough of WormleY6burg. Cumberland County. PennsylvanJa. know and described as lat 129 on Plan No. :3 of Edgewater. saId plan being recorded i" the Cumberland County Recorde"! Office In Plan Book t. Page 71. and being more particularly bounded and descrfbed a8 follows. to wit: seOrNNING at the point formed by the intersectIon of the western line of Second Street with the southern Una of Elm Street: thence In a ,Qutherty direction along the westem line of Second Street twenty-five (25) feet to a point on the dividing fine between lots NO!';. 128 and 129 on safd pfan. said divIding line passing through the center of the partition wall of the double dwelling erected in part upon rho lot herein described; thence In a westerly dIrection along said last mentionecllIne one hundred fifty (150) feet la Hit! Alley: thence in a northorly dIrection along the eastern line of HlU Alley twenty-nvB (25) feet to Elm Street; 1hence in 6n easterly direction along the southern line of Elm Sfreet one hundred fifty (150) feet to the point or place of BEGfNNfNG. HAVING THEREON ERECTED A DWELLING KNOWN AS 350 N. 2ND STREET WORMLEYSBURG, PENNSYLVANIA 17043 BEING THE SA1v1E PREMISES WHICH Lydia E. Dimov and Anthony Dimov, by Deed dated 12/28/99 and recorded 1/3/00 in Cumberland County Deed Book 214, Page 325, granted and conveyed unto Charles R. Lazeration and Michele K. Lazeration. TO BE SOLD AS THE PROPERTY OF MICHELE K. LAZERATION AND CHARLES R. LAZERA TrON ON JUDGMENT NO. 2004-4562 ASSESSMENT NO. 47-19-1588-125 o s; ~-:i~;: ~),~,; "-.'.':,,' < :~ -< "t;- " "-> <:::.:> c::.:> .r::- o ~f1 ._~ ffi:n r- ....t!t'T~ :00 ().l. :.:.::-J~J Ui!~~ j:~ :~J ~,........., :;r: CJ ~ , \.0 ;:;:~ :::;: 6 .. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N004-4562 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDFIRST BANK Plaintiff (s) From MICHELE K LAZERATION AND CHARLES R LAZE RATION (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated, Amount Due $ 97,868.42 L.L. $0.50 Interest PER DIEM OF $20.21 TO SALE DATE 3/02/05 $3,071.92 Arty's Comm % Due Prothy $1.00 Arty Paid $ 153.84 Other CostsLate Charges $ 980.03 $26.59 per month to sale date 3/02/05 Escrow Deficit $2,166.00 Plaintiff Paid Date: November 9, 2004 CURTIS R. LONG (Seal) Prothonotary _ By: WJ~ Q. ~ Deputy REQUESTING PARTY: Name Leon P. Haller Esq Address: 1719 North Front Street Harrisburg, Pa.I7102 Attorney for: Plaintiff Telephone: 717-234-4178 Supreme Court ID No. 15700 MIDFIRST BANK, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION LAW NO. 2004-4562 MICHELE K. LAZERATION AND CHARLES R. LAZERATION, DEFENDANT(S) IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 350 N. 2ND STREET WORMLEYSBURG, PENNSYLVANIA 17043: 1. Name and address of the Owner( s) or Reputed Owner( s): MICHELE K. LAZERA nON 350 NORTH 2ND STREET WORMLEYSBURG, P A 17043 CHARLES R. LAZERA nON 350 NORTH 2ND STREET WORMLEYSBURG, P A 17043 2. Name and address of Defendant( s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN //4' 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, P A 17013 TENANT/OCCUPANT 350 N. 2ND STREET WORMLEYSBURG, PENNSYLVANIA 17043 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 P A C.S. Section 4904 relating to unsworn falsification to au If es. Leon P. Haller PA I.D. #1 Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 DATE:November 4,2004 n ~~~:: - ..f;'-- ~" {;::g c_~) ..r:- ::::::. ::::c: 2'~ ::..) P .i'1 --I ':7... rti~ 1-' ....r~~ (1'"1 O,C?" ..,) ,...... ~:iCl ".- 1'-. ~:::; (~~l ,~'5 f I"', :;;":;J :'J.J ~", -;""" 2:3 -" I 1.0 . . PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MIDFIRST BANK, VS. CIVIL ACTION LAW NO. 2004-4562 MICHELE K. LAZERATION AND CHARLES R. LAZERATION, DEFENDANT(S) IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, March 02, 2005 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION A TT ACHED) THE LOCATION of your property to be sold is: 350 N. 2ND STREET WORMLEYSBURG, PENNSYL VANIA 17043 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2004-4562 JUDGMENT AMOUNT $97,868.42 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: MICHELE K. LAZERATION AND CHARLES R. LAZERATION .. 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, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN piece. parcel or tract of land. sftuafeln lh& Borough of Wormleyeburtl. Cumberfand County. PennsylvanJa. know snd described as Lot 129 on Plan No.3 of Edgewater, Bald pfan being racoroed in the Cumberland County Recorder's Office In Plan Book ,. Page 71. and being more partlcuJar1y bounded and de:!lcrfbed as follows, to wit: BEGINNING at the point formed by the intersection of !he western line of Second Street with the 80utham Ilna of Elm Stre&t: tl"lence 1n 8 ,oulherty direction along the westem line of Second Street twenty.flv9 (25) fee! to a pol"t on the divldlng line between lots N~. 128 and 129 on 5ald pfan. said dIviding line passing through the center of the partition wall o( the double dwelling erected in part upon the lot herein de~crlbed; thence In a westerly dlredion along said last mentioned lIne one hundred fifty (150) feel to Hill AJley: thence in a northorly direction along the ea.s\em lIne of HIlJ Alley twenty.f1ve (25) feet to Elm Street; thence in an easterly direction along the southern line of Elm Street one hundred fifty (150) feet to the point or place of BEGINNING. HAVING THEREON ERECTED A DWELLING KNOWN AS 350 N. 2ND STREET WORMLEYSBURG, PENNSYLVANIA 17043 BEING THE SAME PREMISES WHICH Lydia E. Dimov and Anthony Dimov, by Deed dated 12/28/99 and recorded 1/3/00 in Cumberland County Deed Book 214, Page 325, granted and conveyed unto Charles R. Lazeration and Michele K. Lazeration. TO BE SOLD AS THE PROPERTY OF MICHELE K. LAZERATION AND CHARLES R. LAZERA TION ON JUDGMENT NO. 2004-4562 ASSESSMENT NO. 47-19-1588-125 0 "-:J 0 co C" C;:) ""7'1 "',.. ..4;.- "'"7:) ( -- ---l """,... -roo ~:,' i , C;J fi'i ::!) ~ ~ r-- - -nln I "J$ , , V) - , ~~ -~?I€~ t' _,.'::Jr. ~~ (~~ S? l,_J :.~:: i;;j 0'"1 :"1) -- " ... .t:.- Midfirst Bank VS Michele K. Lazeration and Charles R. Lazeration In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-4562 Civil Term Ron Kerr, Deputy Sheriff, who being duly sworn according to law, states that on December 08, 2004 at 4:10 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendants, to wit: Michele K. Lazeration and Charles R. Lazeration, by making known unto Michele Lazeration, personally and adult in charge for Charles R. Lazeration, at 350 North 2nd Street, Wormleysburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on January 03, 2005 at 2:40 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Michele K. Lazeration and Charles R. Lazeration located at 350 North 2nd Street, Wormleysburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states 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 the within named defendants, to wit: Michele K. Lazeration and Charles R. Lazeration, by regular mail to their last known address of350 North 2nd Street, Wormleysburg, PA 17043. These letters were mailed under the date of December 29,2004 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Leon Haller. Sheriff's Costs: Docketing Poundage Advertising Posting Handbills Prothonotary Law Library Levy Surcharge Mileage Certified Mail Law Journal Patriot News Share of Bills 30.00 16.22 15.00 15.00 1.00 .50 15.00 30.00 23.68 4.42 288.65 336.82 30.73 $ 827.02 Sworn and subscribed to before me So Answers: This I'I~ dayofCL .;P'~'...r.~ 4~ , , R. Thomas Kline, Ste;;:-- 2005, A.D. ~;no~ ht;I#"'-"~BY .() Real Est(!t ')0 \, 0 th..",-D J I ) ~, It!:;;?/) t PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MIDFIRST BANK, VS. CIVIL ACTION LAW MICHELE K. LAZERATION AND CHARLES R. LAZERATION, DEFENDANT(S) IN MORTGAGE FORECLOSURE r~ \""~. -V ..~~~ ~.~ lir .. NO. 2004-4562 AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 350 N. 2ND STREET WORMLEYSBURG, PENNSYL VANIA 17043: I. Name and address of the Owner(s) or Reputed Owner(s): MICHELE K. LAZERATION 350 NORTH 2ND STREET WORMLEYSBURG, P A 17043 CHARLES R. LAZERATION 350 NORTH 2ND STREET WORMLEYSBURG, P A 17043 2. Name and address ofDefendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN t 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, P A 17013 TENANT/OCCUPANT 350 N. 2ND STREET WORMLEYSBURG, PENNSYLVANIA 17043 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated. ) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 P A C.S. Section 4904 relating to unsworn falsification to au f es. LeonP. HallerPA LD. #1 Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 DA TE:November 4, 2004 PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MIDFIRST BANK, VS. CIVIL ACTION LAW NO. 2004-4562 MICHELE K. LAZERATION AND CHARLES R. LAZERATION, DEFENDANT(S) IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CML PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, March 02, 2005 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting ofa 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 A IT ACHED) THE LOCATION of your property to be sold is: 350 N. 2ND STREET WORMLEYSBURG, PENNSYLVANIA 17043 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2004-4562 JUDGMENT AMOUNT $97,868.42 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: MICHELE K. LAZERATION AND CHARLES R. LAZERATION , 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, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 ALL THAT CERTAIN piece, parcel or tract or land. sltueleln the Borough orWormleys!Jurg. Cumberland County. Pe"nsylvanl3, know Bnd described as Lot 129 0\"\ Plan No.3 of Edgewater. Bald plen being recorded il"lthe Cumberland County Recorder's Office In Plan Book ,. Page 71. and being mora particularly bounded and desert bed as follows. \0 wit. BEGINNING at l11e point formed by the intersectIon of the weEtem line of Second Street with the llouthem line of Elm Street; tl'lence In a southerly dlrecllon along the western line of Second Streel twenty-five (25) feel to a pOll'll on the divldlrlg line between lo~ Nos. 128 and 129 on ~ald plan. said dIviding line passing through the center of the partition wall of the double dwelling erecled in part upon tho lot herein described; thence In a westerly dIrection along said last mentioned Hne one hundred flfty (150) feet 10 Hill Alley: thence in a northerly direction elongthe eastern line of HIU Alley twenry-flve (25) fsetlo Elm Streel; thence in sn easterly direction alonglhe southern line of Elm Street one hundred fifty (150) feet to the f'Qlnt or place of BEGINNING. HAVING THEREON ERECTED A DWELLING KNOWN AS 350 N. 2ND STREET WORMLEYSBURG, PENNSYLVANIA 17043 BEING THE SAME PREMISES WHICH Lydia E. Diroov and Anthony Diroov, by Deed dated 12/28/99 and recorded 1/3/00 in Cumberland COWlty Deed Book 214, Page 325, granted and conveyed WltO Charles R. Lazeration and Michele K. Lazeration. TO BE SOLD AS THE PROPERTY OF MICHELE K. LAZERA TION AND CHARLES R. LAZERATION ON JUDGMENT NO. 2004-4562 ASSESSMENT NO. 47-19-1588-125 WRIT OF EXECUTlQN and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N004.4562 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDF1RST BANK Plaintiff (s) From MICHELE K LAZERATION AND CHARLES R LAZERATION (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property ofthe defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account ofthe defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. f Amount Due $ 97,868.42 L.L. $0.50 , Interest PER DIEM OF $20.21 TO SALE DATE 3/02105 $3,071.92 Atty's Cornm % Due Prothy $1.00 / Atty Paid $ 153.84 Other CostsLate Charges $ 980.03 $26.59 per month to sale date 3/02/05 Escrow Deficit $2,166.00 Plaintiff Paid Date: November 9, 2004 CURTIS R. LONG (Seal) Prothonotary _ By: ().f'I' Q (ruPiI""'> Deputy REQUESTING PARTY: Name Leon P. Haller Esq Address: 1719 North Front Street Harrisburg, Pa. 17102 Attorney for: Plaintiff Telephone: 717-234-4178 Supreme Court ID No. 15700 Real Estate Sale #04 On November 19, 2004 the Sherifflevied upon the defendant's interest in the real property situated in Wormleysburg Borough, Cumberland County, PA Known and numbered as 350 N. 2nd Street, Wormleysburg, more fully described on Exhibit "A" Date: November 19, 2004 ByJfr"irk~ Real E~il Deputy ~ ~ ~ ~ filed with this writ and by this reference incorporated herein. S l] :Z d 0 J ADN ~DDl 'ild 'AlIHlO:! ONVid38Wl1d .:l.:l1~3HS 3Hl .:10 3::JI.:l.:l0 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor ofthe Cumberland Law Journal, ofthe 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, V1Z: January 14, 21, 28, 2005 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. .--- SWORN TO AND SUBSCRIBED before me this 28 day of January, 2005 ~j~)1. k"lnu Notary REAL ESTATE SALE NO.4 Writ No. 2004-4562 CMI Mldflrst Bank vs. Michele K. Lazeration and Charles R. Lazeration Atty.: Leon P. Haller ALL THAT CERTAIN piece. par- cel or tract of land, situate in the Borough ofWormleysburg, Cumber- land County, Pennsylvania, know and described as Lot 129 on Plan No.3 of Edgewater. said plan being recorded in the Cumberland County Recorder's Office in Plan Book 1, Page 71, and being more particu- lady bounded and described as fol- lows. to wit; BEGINNING at the point formed by the intersection of the western line of Second Street with the south- ern line of Elm Street; thence in a southerly direction along the west- ern line of Second Street twenty- five (25) feet to a point on the divid- ing l1ne between lots Nos. 128 and 129 on said plan, said dividing line passing through the center of the partition wail of the double dwelling erected in part upon the lot herein described: thence in a westerly di- rection along said last mentioned line one hundred flfty (150) reet to H!1l Alley: thence In a northerly direc- tion along the eastern line of Htll Ailey twenty-flve (25) reet to Elm Street; thence in an easterly direc- tion along the southem line of Elm Street one hundred fifty (150) feet to the point or place of BEGINNING. HAVING thereon erected a dwell- ing known as 350 N. 2nd Street, Wormleysburg. Pennsylvania 17043. BEING THE SAME PREMISES WHICH Lydia E. Dimov and Antho- ny Dirnov, by Deed dated 12/28/99 and recorded 1/3/00 in Cumber- land County Deed Book 214, Page 325, granted and conveyed unto Charles R. Lazeration and Michele K. Lazeration. To be sold as the property of Mi- chele K. Lazeration and Charles R. Lazeratlon on Judgment No. 2004- 4562. ASSESSMENT NO. 47-19-1588- 125. 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 James L. Clark, being duly sworn according to law, deposes and says: That he is the Accounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth ofPelUlsylvania, 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 smce; 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 18th and 25th day(s) of January and the 1st day(s) of February 2005. 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 -} (/ L ",-. , :, ......................................."..k......~............................................ , COPY SALE#4 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA. 17013 Statement of Advertising Costs . To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 336.82 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. BYn n. n. n n. n n nn n n n n n n nnn n n. n n n. n n n. n n n n n ~..-.!~_.. , -:.~c. . .<;..........;. 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