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HomeMy WebLinkAbout05-0868 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. CNIL ACTION - LAW Defendants ACTION OF MORTGAG](F~RECLOSURE OK -Pk.? Cui L ~~ RANDY L. BENDER AND STACY L. BENDER 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 FlND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LA WYER 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 DlAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRIT A, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCI0N CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A EST A DEMANDA, SE PUEDE PROSEGUlR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDlR A FAVOR DEL DEMANDANTE Y REQUERlRA 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 EST A DEMANDA A UN ABOGADO IMMEDlA TEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (2 I 5) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CARLISLE, PA 17013 717-249-3166 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENN8YL VANIA MIDFIRST BANK, vs. RANDY L. BENDER AND 8T ACY 1. BENDER, CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendants 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 infonnation 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, P A 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff MIDFIRST BANK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW RANDY 1. BENDER AND STACY 1. BENDER, ACTION OF MORTGAGE FORECLOSURE Defendants 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. Defendants, RANDY 1. BENDER and STACY 1. BENDER, are adult individuals whose last known address is 442 THIRD STREET, WEST F AIRVIEW, P A 17025. . 3. On or about, June 14, 2000, the said Defendants executed and delivered a Mortgage Note in the sum of $63,734.00 payable to CENDANT MORTGAGE CORPORATION, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time ofthe 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 1621, Page 126 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 698, Page 2260. Said Mortgage and Assignment is incorporated herein by reference. 5. The land subject to the Mortgage is: 442 THIRD STREET, WEST FAIRVIEW, PA 17025 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 May 01, 2004 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $61,432.56 $4,639.26 Interest at $13.89 per day From 04/01/2004 To 03/01/2005 (based on contract rate of 8,2500%) Accumulated Late Charges Late Charges $19.15 From 05/01/2004 to 03/01/2005 $246.27 $191.50 Escrow Deficit $687.21 Attorney's Fee at 5% of Principal Balance TOTAL $3,071.63 $70,268.43 **Together with interest at the per diem rate noted above after March 01, 2005 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 Sheriffs Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. 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. 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. II. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. 12. Prior to the commencement of this foreclosure action, Plaintiff sent to Defendant written notice dated December 28, 2004, notifying him of the fact of default, amount needed to cure the delinquency and that if the account was not timely reinstated, a foreclosure action would be filed, A copy of the December 28,2004 notice is attached hereto and marked Exhibit "C". WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.2500% ($13.89 per diem), together with other charges and costs including escrow advauces incidental thereto to the date f Sheriff s Sale and for foreclosure and sale of the property within described, PURCELL, HALLER Leon P. Haller, Esquire Attorney for Plaintiff LD, # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) By: -- , Loanl: 00!1205309 ';. .... " . ~ iMuItfstate .I . 'NOTE f FHA cu. No. Ul-6258U2-703 , . . \~ June 14tb, 2000 , I I [Date) 442 T1alU) B'rlUlBT. QST PAIJlV%BW. I'll. 17025, [Propeli)' AddJ<ss) 1. PARTIES , , 'Borr,lWCJ" means each' person signing at the end of this Note, aDd the person's successon and assigna, 'Lender' means , CeDC!ant Xortgage Co:<foration aud its successors aDd assigns, 2. BORROWER'S PROMISE TO PAY; INTEREST 11\ retllm fot a loan teeelved from Lender, BolfOwer promises to'pay the principal sum of Sixty-Three S'houaanc! , Saven Bl;ndrad 'l'hirtyl"lI'our Dollara and Zaro Canta Dollars (U.S. $ 63.734. oJ ), plus interest, to the order of~. Iiiterest ~ 118 clwged on unpaid principal, from the dale of disbursement of the loan proceeds by Lender, at the rate of Sight and Ona Quarter percenI ( '8.250 %) pery_until the fulhmollntofprincipal hasbecD paid. I , 3. PROMISE TO PAY SEC,URED Borrower's promise 10 pay is secured by a mortgage, deed of trust or similar security instrument that is dated the II8IDe elate as Ibis Noll' aDd ca1led the '~ty lDstrument.' The Security IDstrumeot proteclS the Lender from losses which might result if Borrower defaults WIder this Note. 4.~:R OFPAYMEN',r (A) TIme I . Borrower shall mike a payment of principal aDd interest to Lender OD the firs! day of each month1I8ginning on Ausuat J at , 2000 . Any principal aDd iotetcst p.m.lnh'g on the fimday of July 2030 , will be due on:that elate, which is called the 'Maturity Dale.' (B) Haee I l'aymenl &ball be made at 3000 Laadanball Road XoUDt Laural. NJ Q8054 , or at such place as Lender may designate in writing by notice tt> Borrower. (C) AmoUDt , . Ilach montbly paydlent ofprinCipal8lld interesl will be in the 'amount of U.S. $ 478. 82 . This amounl will be part of a larger monthly paymenl required by the Security Instrument, that &ball be applied to principal, interest and other items in the order descrlbed In the IlCcurlty InsttUlllelll, , ' . ..' (0) Allonge to this N",e Cor p8yinent adjustments ' '. . If an allonge providing for payment adjuslme11ts is execuled by Borrower togetb~ with ~. Note, the covenants ot the allonge .sball be incoxpon/ted into aDd shall amend aDd supplement the covenants of Ibis Note as If the allonge were a part of this Note. ICbecl:; appllcablejx>x] . .." -; \ . I '~", L . t ~, l- \ \;" OGtaduated Payment Allonge DGrowing Equity Allonge OOther [specify) :; .1 ., ~. \ .) '.. :. \ ...~ 5. BORROWER'S RIGHT 10 PREPAY " ~. " i.'; Borrower bas the righllo pay the debt evideaced by Ibis Note, in whole or In part, withoui' cluir&e or PEoaJty, on the first day of any month. Lender sba1I accept prepayment on other clays provided that Borrower pays Intereil':9l\the.aiboum ptepaid fot the remalnCer of the month !O the exle1\t required by Lender IIIld permitted by regnlations of.the ~i,l~ JiOrrower makes a partial prepayment, there WIll 118 00 changes In the due date or in the amount of the monthly p~.~ .Lendet agrees In writing 10 hose changes. I ". ; ;:". . ',;.;; . 1 ' ~fJ' t. ir. i',:'~ .,;"". lR lUA_leFaedRate Note-l0/95 ' ~. H, ~U."~;o., , ~ ~ 11(011.03 \ . t J . ~ vtJl, MORTGAQE FORMS. (8001621.1291 .::::.1 R. I -,,,. I -'~\..J:'-.J....'\..) I I "'.--...... : Original I , I I . : ;. ~ 4. .' ~ " - 6. BORROWER'SFAILVRE TO PAY .W La~ CIlarge for OverdD.e Pitjmeats '.' , ,. _.., 0., , _ ',. . If Lender has not received the full monthly payment requiJcd by the Sc:curlty lDstromem, as described in hr~~ 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may 'collect a 1ate c:barse in the amount . of.,our ,percent ( ".00 %) oftbeoverdue lIDIOUIII of each payment. (B) Default If Borrower dtfaults 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 i""""-dlpte payment in full of the priDcipaI ba1aoee remaln;"g due and all accrued interest. Lender may choose not to exerclse this option without waiving ill rights in the event of any subsequent default. ID many cin:umstances regulations issued by the Secretary will1imit Lender'. rights to require im.....rnlle payment in full in the C8llC of payment defaults. This Note 40ea not authorize acceleratiou when not permitted by Hl1D regu1aIions. AI used in this Note, .SecretaIy' means the Secretary of Housing and Utban Development or his or her desigDce. (C) Payment of Costs aDd Expeases If Lender has reqniRd immediate payment in full, as described above, l.e:llder may require Borrower to pay costa and expeII8Clllncluding reasonable and customary atlOmeys' fa:s for enforcing this Note to the _ not prohibited by applicable law. Such fees and costs ahaIJ bear lntetest from the date of di8buncmenI at the BatDe rate as the princlpal of this ,Note. .. ,. ., ...t , 7. WAIVERS Borrower and any other person who has obligations lIDder this Note waive the rights of Pf<""',.l..-.... and notice of dishonor. 'Pmealmem' means the Jl&bt to require Lbnder to demand payment of ~ due. 'Nodce of dishonot'" means the right to require Lender to give notice to other persona that amounts due have not been paid. 8. GIVlNG OFNOfICES Unless applicUlelaw requires a diffCIQII motbocl, any DOti<:e thallDUSl be JiVCll to Borrower Uuder this Note will be Jiven by delivering it or by mallin.g it by first cIa$S mail to 1IOrrowei' at the ptoperty address above or at a different address if Borrower has given Lender a notice of Borrower'. different address. ' Any notice that IDUSl be giVCllto Lender lIIlder this Note will be given by fust class mail to Lender at the lIdclress stated in Paragraph 4(B) or at a different address If Borrower is given a DOtice of that different address. 9. OBUGATlONS OF PERSONS UNDER TIllS NOTE If morc than one person signs this Note, each person is fut1y and pCnonauy obligated to keep'aIl Of the promisea nwle in this Note, Including the promise to pay the full amount owed. Any person who is a guarantor, aumy or endorser of this Note it also obligated to do these thiJ1gs. Any person who tlIb:s over these obligations, JncIudiJtg the obUgatioDs of a guarantor, IIUI'Cly or endorser of this Note, is also obligated to keep all of the promises nwle in this Note. Lender may c:mon:e its rights under this Note against each person iDdividually or against all Signatories together. Any ODe persOD signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the tenns and covenants contained in this Note. ':7"'" ~ s;\l .... .L 5--'1'_ ..1!!' _ lU\1<IDY L. BBmlBR (Seal) ~0'i Li)ord;(" .Borrower STACY L. BBNI)BR .' (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) , -Borrower . (Seal) -Borrower (Seal) ~Bonower (Seal) ..Bol'lO'tVCl -'.tRlfOOlJ... "'2of2 ~':$1N Original ~ ~":"I~ ~....;-~-,;;...~o" '\. I : ./:; ;~~:~i:~€:ERTAIN lot or trad of land known as part of LOt No. 15,In May's , ~:J,..;.- S~onlf' l!dJihon to West Fairvlew, Cumberland County, Pennsylvania, more ,", . ," ...1 '<'\"-' ..partic:q:laiiY.llounded and described as follows to wit: ~:...-.~ ; .'::.~'.-':...~:.~"'''' .:. : BEGINNING: at Ii point 64 feet southeast from Locust Street (and on the Western side of Third $treet) and southeastern corner of lot now or (ormerly of Frederick E. E, Givler; the~ce In a southwestern course along lot now or formerly of Givler, 105 feet, more or :)ess, to an alley; thence along said ailey In a southeastern course, 15 feet to a lot now or formerly o(Emllo Maish of which this formed a part; thence in a I northeastern coune along lot now or formerly of MaIsh, 105 feet, more or less, to I Third Street; thence in northwestern coune along Third Street, 18 1/3 feet the place , ofBeglnning. , , I Having thereOn erected a two and one-half story dwelling and necessary outbuilding known and n~mbered as 442 Third Street, West Fairview, Pennsylvania. I ~ Midland Mortgage Co. P.O.Box26648 o klahOD1a City, 0 klabo,," a 13126 P&clIEse (800) S~2-.!OOO J=.x (40S) 9'6a267? NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE LOAN B^LANCE UNDER SECTION 403 OF PENNSYLVANIA ACT NO.6 01.' 1914 DATE: 121281()4 TO: RANDY L BE:MJER 442 3RD ST ENOLA PA 17025.3126 This is nol an cffort to coUccl on validly dischargeable obligations. We are followmg policy and procedutal requirements intended to afford you the 0 l><>rtUnity \0 avoid foreclosure on your property. RE: MMC# 46259509 FHNVAlPM1# 4416268142703 Dear Mortgagor(s); Midland Mortgage Company is the holder ofa Mortgage and a Note on the abo'" premises, or is the mortgag,,"selVicing agent for such holder. As oftbe date of this Dotice. THE MORTGAGE IS TN DET AUL T 51 ATU5 becaa.e of Don-paymenl of the following: Payments, late charges, and advances from 05101104 through \2/28104. The lotal amount now required 10 cure the default. or in other words to get caught up on your payments, is $5.137.23. All payments referred to in this notice must be in the form ofCashier's or Cenified Check made payable to Midland Mortgage Company and must be receIved at: Mldlll"d Mortgage Company P 0 Bo:t 268888 Oldabomo City. OK 73126-8888 not later than the dates and times specified herein. In the event paymen.t (a.. specified in the proceeding paxagrapb) is not made wtTlJU'i ntIRTY (30) DAYS from the date of this letter. II is the intentiQn of the holder oftbe mortgage. through this company. to accelerate (dedare due and payable innnediately tbe entire loan) the mortgage obligation and all other lawful cbarge~ and instrucl our attorney to institute MORTGAGE FORECLOSURE PROCEEDING. (A) }fyou wisb to emu; THE DEFAULT within thirty (30) days from the date Qfthis letter. you must pay the TOTAL AMOUNT DUE stated above. plus all addiliQnal monlldy illStalhnent if payment is made aller the I" day of rhe oexl mQnth. plus an addilionallatl: charge if due at time of payment and not included above A LATE C1!ARGE is due with each mortgage payment that IS paid mQ!"c than filleen (15) days after the due dati:. Your current monthly insullmenl is $613.69. Z69-, ,O/ZO d BBI-l m~3,3~ 3~V~ldOli ONV10I~-WOJ, W09~: \0 ,O-Io-g., (8) If payment is mad. AfttR THIRty (30) 1>A YS from the dare oflhis letter. but BEFORE FORECLOSURE PROCEEDING bas been startl:d, Ibe amount you will have 10 pay WIll also include the regular monthly installments and late charges then due, plus. if incurred, any A TTORl'lEY'S FtE OJ' NOT MORE mAN S50.00 and any title report costs. winch amount can be obtained by contacting Midlaod Mortgage Company at 1-800-552-3000, extellsion 1799, AFtER FORECLOSUJU; PROCEEDlJ'lG RAS BEEN ST "'-RTtD. you have lhe right to STOP the foteclosure acbon any time up to ONE (lllJOtJR BEFORE \he commencement of Ihe SRER.IFr'S SALE by paying the entire amount due at the time. wluch shall include all delinquent itlstalIments and unpatd lote charges. together wilh REASON i\1lU: LEGAL FEES ACTUALLY lJ'lCtJRJU!:D. cosl and other sums related to the foreclosure action. which amounl can be obtamed by contacting Midland Mortgage Company .11-800.552.3000. Should you rAIL 10 tcinstat. the loan as OUllined above. the mortgage premises will be SOLD AT SHERIFF'S SALE, which WIll !alte place apptOxlntalely seven (7) to cleven (1) weeks following SERVICE of the Complaint in Mortgage Foreclosure, at which lime your OWNERSHIP mtm:st in mortgaged premises will be TERMINATED, and thereafter, If occupied, proceedings will be talten to ODT AlN POSSESSION of the real estale. You /lave the right to REFINANCE nn: LOAN with anoUler l""diog institution or TRANSFER THE PROPERTY to another person. under and subject to the e'listing mortgage. That person will bave the SAME RIGHT TO CURt ttrE DEl' A UL T as you have, sobject to the same limitatiOll ""d requirements. You may CURE UEFAULTSup to three (3) times in any calendar year. Upon eure ora default you WIll be in the same tm"tion as iftherc had beetll'/O DEFAULT. A default maybe cured by ANYONE on your behalf. SiDeerely, Midland Mortgage Company Colleebon Department ~ IT' <0 f'- u.s Post,,' Service CERTIFIED MAIL RECEIPT (Ocm':st,c M.'1f/ Only: No 'n,;u,.;tnc~ COIlc-r~ge PrOT/'de(1) U"I o <0 U"I 4~ff~1 A 1L'-1t,J\ """""" . U"I o t:J o ~P/lld9Ct1=M re.<Iv_'~n_ 0_0......._ J) I1;I'l(JvI"",mAl'lfAecN*'odl .... .... """"""'.... -- ~- V'I- c..-\- (0 .............-$ :t- O t::I t'- ~'ADt7/0J'- -----,,--..-..."--,-,. OTPOb/lt). l:1if.iiiiii:~--"'---"'-'."---'----""--'--"_.'''-''''- 269-j SO/EO d 88L-1 lV~~3,3~ 3~V~1~~ QNV1QI~-WOJ, WdL~: 10 SO-IO-go, Midland Mortgage Co. P.O.Box26648 o klaho",. City, 0 klahom a 73126 P&.OD~ (IUtG) 5!~~!ooa Fa~ (1.05) ~4G_Z"7 NOTICE OF J:NTeNTION TO FORECLOSE AND ACCELERATE LOAN BALANCE UNDER SECTION 403 Ot: PENNSYL Y ANlA ACT J:oIO. 6 OF 1974 VA TE: 12128/()4 TO: STACY t BENDER 442 3RD S1 ENOLA. PA 17015-3126 This is oot an effort to collect OD validly dischargeable obligations, We are following policy and procedural requirelllCnts mtended to afford you the oppol'tunlty to avoid foreclosure on yow- property. RE: MMClil46259509 FBU\rVACPMI# 4416268142703 De..,. Mortgagot{s): Midland Mortg.ge Company is the holder of a Mortgage and a Note on the above premises. or is the mortgage-servicmg ageol for such bolder. As of the d>.tc of this notice. THE MORTGAGE IS IN I>EF AUL T STATUS because of noD-payment of the follo""ng: Payments. bte charges. and advances from 05/01104 through 12/13/04. The total amount now reqwred to cure the default or III other words to get caught up on your payments. is $5.137.23. All p.yments Tefemd to in this notice must be in the fonn of CaslUer's or Certified Che<:k made l>ayablc to Midland Mortgage Company and lIlust be received .t: Midland Mortgage Company p 0 Bo. 268888 Oklahorna City. OK 73126-3888 not later than the dates and times specified herein. In the event payment (as specified in the pt'OC""ding pangnph) is not made w:rT1Ul'I THIRTY (30) lJA YS fulm the da.te oflhis letter. it is the intenlion of the bolder offue mortgage, through this company. to aceelerale (declare due and payable imnlcdlately the entire loan) the mortgage obligatioll alld aU other lawful charges and instruct our attorney to institute MORTGAGE rORECLOSmu: PROCEEDING. (A) If you wish to CUlU; ntt DEFAULT within thirty (30) days from the d>.te efllusletter. you must pay the TOTAl. AMOUNT DUE stated above. plus an additiotlal monthly installment ifl>ayment is made after the 1 ~ da.y of the oext month, plus an additiona1late charge if due at time of payment and not mcluded above. A tATE CHARGE is due with each mortga~ payment that is paid more th.an fifteen (15) days after the due da.te. Your Cutrellt mOlllhly installment is $613.69. 169-, sO/rO d SSl-l lV~~3,3~ 3~V~1~~ QNV101~-WOJ, WOlf: 10 sO-IO-qS! (B) If payment is made AITE1l. THIRTY (30) DAYS from the date of this leller, but BEFORE FOR.tCLOSUlU: PR.OCEEDING has been started. the amount you will have to pay will also indude the regular monthly instat1ments lllld late charges then due, plus, If incurred. any A TIORl'Q;;Y'S FEE OF NOT MORE ntAJ"l S50.oo and any titte report costs, which ammmt can be obtained by contacting M,dland Mortgage Company at 1-800-552-3000, e~t=ion 1799. AFTER FORECLOSURE 'PROCEEDING HAS BEEN STARTED. you have !he right to STOP !he foreclosure action any time up to ONE (1) HOUR BtFORE the commencement of the SHERIFF'S SALE by pa}'lng the entire all10unt due at the time, which shaD include all delinquent installments aad unpaId tate cbuges. roget\ler with REASONABLE LEGAL fEES ACTUALLY INCUR.IU:D. cost and other sums related to the foreclosure action. winch amount eall be obtamed by contacting Midland Mortgage Company at 1-800-552-3000. Should you FAIL to reinstate the loan as outlined above, the mortgage premises will be SOLD AT SttElUFY'S SALE. which will tili place aP!'roximately seven (7) to eleven (11) Wl:eks following SERVlCE of the Complaint in Mortgage Foreclosure, at which lIme your OWNERSUIl' interest in mortgaged premises will be ttRMINAlED, and thereafter, If occupied, proceedings will be taken to OBr AJN POSSESSION of the real estate. You have the right to REFINANCE THE LOAN witb .nother lending institution or tRANSFER THE Ptl.OPERTY to another person. under and subject to the exislll1g mortgage. That person will have the SAMt RIGHT TO CURE THE DEF AUL T as you have. subject to the same linntahon aad requirements. You 1Il3)' CURE DEF AUt. TS up to three (3) till1e5 Itt any calendar year. Upon cure of a default you will be in the ,ame position as If there bad been NO DtF AUL T. A default may be cured by ANYONE 011 your behalf. Sincerely, Midland Mortgage Company Collechon Department U.S. PO$\al Service CERTIFIED MAIL RECEIPT {Don1p:,;tit: Mal! Only. NO fn$Ul?ncc ClJ'vsr?yt" P,-clf1d.;;t1' CJ c:l tr ..... Ln CJ '" '" IAUt.. -" Ln CJ C Rf'II"' RedEdr.oe o te.4.r_ ~'lR~ C A~~I='OO -D 1e.<:l......,A./;>("'~ .-. .-. """"""'.... - - plJ..P w 1bIoI_&.....$ or ~ 'WOif.~'t:~~-O..~-,. t - .. --------- ~~~_....._-----_..,_..__._'--_._---'--'- 269-, SO/50 d 86L-1 1V~!3,3~ 3m1~0\'l ONV101~-WOJ, WdW 10 50-10-~" 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 ';;'/11/05 By Title . Vice President -"q. ....1 Q lrl 1- f'\l:. ~ - - () t- D -U ~ ~ ?- G" - ~ U1 ~ ~~ ~";'J(' 0 Cf\ .~ -~,~" {, ~ SHERIFF'S RETURN - REGULAR CASE NO: 2005-00868 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIDFIRST BANK VS BENDER RANDY L ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, was served upon says, the within COMPLAINT - MORT FORE BENDER RANDY L t e DEFENDANT , at 1625:00 HOURS, on the 23rd day of Februar ,2005 at 442 3RD STREET ENOLA, PA 17025 RANDY BENDER by handing to a true and attested copy of COMPLAINT - MORT FORE togethe with and at the same time directing His attention to the contents hereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 11.84 .00 10.00 .00 39.84 So Answers: ...~ R. Thomas Kline 02/28/2005 PURCELL KRUG HALLER Sworn and Subscribed to before By: me this 7 day Of~ Ol/?c:>. ')-- A. D . 1V{':~ -m~A)~ Prothonotar CASE NO: 2005-00868 P SHERIFF'S RETURN - REGULAR ~. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIDFIRST BANK VS BENDER RANDY L ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE BENDER STACY L DEFENDANT was served upon at 442 3RD STREET , at 1625:00 HOURS, on the 23rd day of Februar ,2005 ENOLA, PA 17025 RANDY BENDER, HUSBAND by handing to a true and attested copy of COMPLAINT - MORT FORE togethe with and at the same time directing His attention to the contents hereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 R. Thomas Kline 02/28/2005 PURCELL KRUG HALLER Sworn and Subscribed to before By: me this 7 day of ~ t><€'='---- A.D. 4~~-'/-~ ~ I Prothonota)1Y '~J -- NO. 2005-00868 ..... . MIDFlRST BANK, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION LAW RANDY L. BENDER STACY L. BENDER, DEFENDANT(S) 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) RANDY L. BENDER and STACY L. BENDER for failure to plead to the above action withi twenty (20) days from date of service ofthe Complaint, and assess Plaintiffs damages as follows: Unpaid Principal Balance Interest Per diem of$13.89 From 04/0112004 To 03/0112005 Accumulated Late Charges Late Charges ($19.15 per month to 03/0112005) Escrow Deficit 5% Attorney's Commission TOTAL $61,432.56 $4,639.26 $246.27 $191.50 $687.21 $3,071.63 $70,268.43 **Together with additional interest at the per diem rate indicated above from the date herein, ased on the contract rate, and other charges and costs to the date of Sheriffs Sale. By PURCELL, KRUG & HALL aller P A I.D. # 15700 orth Front Street Harrisburg, P A 17102 (717) 234-4178 ~. ~ b ~, ~~ ~ . (::'\ 9.; ~ ~ ~ ~ , ~ ~ ~ ~ v)\: ~ ~, '0 (') c ..", lJ::::'~ D."!~~! ;2/' en ;;J,?~,: ~r' -- ..c' ...- ;r;;~~' :::JI: .c: - :< <:::> w ~ ~ = "'" ".. ~ N O'l o '"Tl :r' m:tJ r- ::om JJO 0' =roQ (S:D '0.(") iyn '-I :IE .< , MIDFIRST BANK, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VA IA VS, CIVIL ACTION LAW NO, 2005-00868 RANDY L. BENDER STACY L. BENDER, DEFENDANT(S) IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS: You are hereby notified that on tj,;;Jto ,c>S' against you in the above-captioned matter: the following judgment has be n entered $70,268.43 and for the sale and foreclosure of your property located at: 442 THIRD S REET WEST F AIRVIEW, PENNSYL VANIA 17025 ,JU Dated: April ~, 2005 /5/ ~' ,e )(.9-/'1.//- PROTHON6TARY /;ec~ 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 indivi uals to receive this Notice pursuant to PA R.C.P. No. 236 RANDY L. BENDER 442 THIRD STREET WEST FAIRVIEW, PA 17025 STACY L. BENDER 442 THIRD STREET WESTFAIRVIEW,PA 17025 (III'~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2005-00868 MIDFIRST BANK, Total Judgment Amount Interest Per diem of$13.89 to sale date 9/7/2005 Late Charges $19,15 per month to sale date 9/7/2005 Escrow Deficit PLAINTIFF VS. RANDY L. BENDER STACY L. BENDER, DEFENDANT(S) 70,268.43 v $2,569,65 $114.90 $2,000,00 TOTAL WRIT $74,952.98 .Plus additional interest, late charges and 0 er costs to date of sheriffs sale. SALE DATE: Wednesday, September 07, 2 05 (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 e. Date: April 22, 2005 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to Ie sell the property described in the attached description known as 442 TIDRD STREET, WEST F AI PENNSYLVANIA 17025 Date: PROTHONOTARY/CLERK CIVIL DIVIS ON BY DEPUTY upon and VIEW, ,,- , ALL THRAT CERTAIN lot or tract of land known as part of Lot No. 15 In May's Seeon Addition to West Fairview, Cumberland County, Pennsylvania, more particularly bounded and describ d as follows to wit: BEGINNING at 8 point 64 feet southeast from Locust Street (and on the Westem side of ird Street) and southeastem corner of lot now or formerly of Frederick E. E, Givler; theuce In a outhwestem course aloog lot now or (ormerly of Givler, 105 feet, more or less, to an alley; thence along aid alley in a southeastem course, IS feet to a lot now or formerly ofEmIlo Maish of which this formed part; thence in a nortbeastem course along lot now or formerly of MaIsh, 105 feet, more or less, to Street; thence in lIorthwestem course along Third Street, 18 113 feet the place of Beginning. HAVING THEREON ERECTED A DWELLING KNOWN AS 442 THIRD STREET, WES F AIRVIEW, PENNSYL V ANlA 17025 BEING THE SAME PREMISES WHICH Frederick L. Gerrick and Peggy A. Gerrick by deed d ted 6/14/00 and recorded 6/25/00 in Deed Book 224, Page 1, granted and conveyed unto Randy L. B nder and Stacy L. Bender. TO BE SOLD AS THE PROPERTY OF RANDY L. BENDER AND STACY L. BENDER 0 JUDGMENT NO. 2005-00868 ASSESSMENT NO. 45-17-1044-027 .' --- ~ -... ~ ~ W ",:--f:\ , Cv , ';\' ~ ~ "" '0 B ~ ~ ~ ~ ~ ~ (') ...., 0 ~ ~ ~. = ~ c = "'11 -..1:::, c.n ~. ~". x- ~." < "UU! ~ ~ \ rr;f;-: -U m-- f ,( 7."1', :::0 r ~. ~-> \ t~5:~ -urn N :oy -< CT> ,?O , r'. -1_," . '" <' ". :;r:-ri ~ f . " "1>- C)_. - ~ ~ ~~ .:..,... ~ -' ,.,....0 "'::..,-' ;,',,:;.rn <:;.- "-~ : PC: - ~', Z .. ~ -., CJ :'1) -< w .< ,~ '-.., ~ ". ~ 'vv \J W c; ~ ~ ~ - COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-868 Civil CIVIL ACTION - LAW WRIT OF EXECUTION and/or A TT ACHMENT TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MID FIRST BANK Plaintiff (s) From RANDY L. BENDER AND STACY L. BENDER (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 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) 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$70,268.43 L.L.$.50 Interest per diem of $13.89 to sale date 9/7/2005 $2,569.65 Atty's Corom % Due Prothy $1.00 Atty Paid $137.84 Other CostsLate Charges $19.15 per month to sale .Plus additional interest, late charges and other costs to date of sherifrs sale. Sale Date Sept. 7, 200 Escrow Deficit $2,000.00 date 9/7/2005 $114.90 Plaintiff Paid Date: April 26, 2005 CURTIS R. LONG (Seal) Prothonotary By: '~UL j:', ){P1<r ~.; Deputy REQUESTING PARTY: Name Leon P. Haller, Esq. Address: 1719 North Front Street Harrisburg, P A 17102 Attorney for: Plaintiff Telephone: 717-234-4178 Supreme Court ID No. 15700 , PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENN SYLVAN A MlDFIRST BANK, Vs. CIVIL ACTION LAW NO. 2005-00868 RANDY L. BENDER STACY L. BENDER, IN MORTGAGE FORECLOSURE DEFENDANT(S) CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on March 17, 2005 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 ttached Notice. By Leo . aller PA LD. # 15700 omey for Plaintiff Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA , MIDFIRST BANK, VS. NO. 2005-00868 RANDY 1.. BENDER AND STACY 1.. BENDER Defendants CIVIL ACTION LAW IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: March 17,2005 TO: RANDY 1.. BENDER 442 THIRD STREET WESTFAIRVIEW, PA 17025 STACY 1.. BENDER 442 THIRD STREET WEST F AIRVIEW, P A 17025 TillS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAIN FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEB IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARA CE 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 OU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIG TS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAW ER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND UT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 717-249-3166 LEON P. H , Attorney for Plaintiff I.D.# 15 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 (') ....., ~ = s; = G>" ~,... ". :r.! -ocu \1-;n'~ -u rn~ :;u Z N ::gd UJ (j> 0.1 ..~~- ,-II,! I':; ".T- -rj ~~;. ~ ~)o -" tsrn - -..A ~ c:> ;~ W :.< MIDFIRST BANK, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANI VS. CIVIL ACTION LAW NO. 2005-00868 RANDY L. BENDER STACY L. BENDER, DEFENDANT IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and Co nty, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states t at the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in an way which would bring thern within the Soldiers and Sailors Relief Act of 1940, as arnended. Sworn to and subscribed before me this;LL day of afJjL~ I 20 tJ5/ ~ . / --.dj >1(iJ)~A:~J!) ~/h~ . Notary blic ) \~ -- :d"-"'-"NOTARIAl SEAL ~ \ MARY i_AND ~I, Q'::\1RETII. Notary Pubhc \ lower P8xiO~ -fwP." Dauphin CountY6 I ~11'J C,~~r.11T'IHs\on ExpIres AUjl.:-~'~O_ .,:~_..-"'_._-~" . (') c ~ -oF}': rpr - 7~.T.' 2C ~~ =<! ,..., = = "" :>>0 -U :::0 N 0"\ ",. :x o -n :I!" m- -0 Hi -n? (,)0 -I" Ys:d ~,..o ;:';;im '~. '~ ~ "< o w -- NO. 2005-00868 . MIDFIRST BANK, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW VS. RANDY L. BENDER STACY L. BENDER, DEFENDANT(S) IN MORTGAGE FORECLOSURE The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of he date the praecipe for the writ of execution was filed, the following information concerning the real pr perty located at 442 THIRD STREET, WEST FAIRVIEW, PENNSYLVANIA 17025: AFFIDAVIT PURSUANT TO RULE 3129.1 1. Name and address ofthe Owner(s) or Reputed Owner(s): RANDY L. BENDER 442 THIRD STREET WESTFAIRVlEW,PA 17025 STACY L. BENDER 442 THIRD STREET WEST FAIRVIEW, PA 17025 2. Name and address of Defendant(s) in the Judgment, if different from that listed. 'n (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien n 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 prope y: UNKNOWN 6. Name and address of every other person who has any record interest in the p operty and whose interest may be affected by the sale: UNKNOWN Y" , 7. Name and address of every other person of whom the Plaintiff has knowledge ho has any interest in the property which may be affected by the sale: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PAl 7013 TENANT/OCCUPANT 442 THIRD STREET WEST F AIRVIEW, PENNSYLVANIA 17025 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated. ) I verify that the statements made in this Affidavit are true and correct to the best of my ersonal knowledge, information and belief. I understand that false statements herei re ade subje t to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to . Ie ~- /: eonP. HallerPALD. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 DATE: April 22, 2005 .... ... (') ...., = 0 c = .1 :<"'" "" -:.i{l:' :::- :r::n 1'1,,- -0 7....;..: :;0 ~Fn ~l;L N :uy _./ 0" r::::- 00 ._,~ ~i)r ". }:~ :x ,:;>. :t~c: ~:;,)(n ~-'::. ~ =< C> ~ W .< ~ MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYL V A IA VS, CIVIL ACTION LAW NO. 2005-00868 RANDY L. BENDER STACY L. BENDER, 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, September 07, 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 mainl consisting of a statement ofthe measured boundaries of the property, together with a brief mention ofth buildings and any other major improvements erected on the land. (SEE DESCRIPTION A TT ACHED) THE LOCATION of your property to be sold is: 442 THIRD STREET WEST FAlRVIEW, PENNSYLVANIA 17025 THE JUDGMENT under or pursuant to which your property is being sold is dockete in the within Commonwealth and County to: No. 2005-00868 JUDGMENT AMOUNT $70,268.43 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: RANDY L. BENDER and STACY L. BENDER ~ .' A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or gove nmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale receiv d and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipaliti s that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and di tribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless sorneon 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 t e 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 1F 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 TAKE TO PAY THE JUDGMENT Yon may have legal rights to prevent your property from being taken away. A lawye. can advise you more specifically of these rights. If you wish to exercise your rights, YOU M ST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU C FREE LEGAL ADVICE: R GET 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 t open the judgment if you have a meritorious defense against the person or company that has entered . udgment against you. You may also file a petition with the same Court if you are aware of a legal de ct 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 t e within County to set aside the sale for a grossly inadequate price or for other proper cause. Thi 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 p agraphs must be presented to the Court of Common Pleas of the within County. The petition must be s rved 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 Admin strator's Office - Civil Division, of the within County Courthouse, before a presentation of the petiti to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 ALL THRAT CERTAIN lot or tract of land known as part of Lot No. 15 In May's Seco d Addition to West Fairview, Cumberland CoUDty, Pennsylvania, more particularly bounded and descri ed as follows to wit: BEGINNING at a point 64 feet southeast from Locust Street <and on the Western side 0 Third Street) and southeastern corner of lot now or formerly of Frederick E. E, Givler; thence In a southwestern coune along lot now or (ormerly of Givler, 105 feet, more or less, to an alley; thence along aid alley In a southeastern course, 15 teet to a lot now or formerly of Emllo Maish of which this formed part; thence In a northeastern course along lot now or formerly of Maish, 105 feet, more or less, to Third Street; thence In lIorthwestern coune along Third Street, 18 1/3 feet the place of Beginning. HA VlNG THEREON ERECTED A DWELLING KNOWN AS 442 THIRD STREET, WES FAlRVIEW, PENNSYLVANIA 17025 BEING THE SAME PREMISES WHICH Frederick L. Gerrick and Peggy A. Gerrick by deed ted 6/14/00 and recorded 6/25/00 in Deed Book 224, Page 1, granted and conveyed UTlto Randy L. ender and Stacy L. Bender. TO BE SOLD AS THE PROPERTY OF RANDY L. BENDER AND STACY L. BENDER 0 JUDGMENT NO. 2005-00868 ASSESSMENT NO. 45-17-1044-027 (') G -0\,).; [TiT'" ~~i: c- ~~ =< "" "'" 5\ ro ;:;0 N C1' ~ ~:IJ :g~ 9!Q; :.3_ "'1 ~ <;,;('") ~ /..-,-rn ~ ~ Cl ~ &' - - PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MIDFIRST BANK, VS. CIVIL ACTIION LAW NO. 2005-00868 RANDY L. BENDER STACY L. BENDER, DEFENDANT(S) IN MORTGAGE FORECLOSURE RETURN OF SERVICE 10 I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on -13~ , a true and correct copy ofthe 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, which mailing receipts are attached. Service addresses are as follows: RANDY L. BENDER 442 THIRD STREET WEST F AIRVIEW, P A 17025 STACY L. BENDER 442 THIRD STREET WEST FAIRVIEW, PA 17025 DOMESTIC RELATIONS Cumberland Connty Courthouse 13 North Hanover Street Carlisle, P A 17013 TENANT/OCCUPANT 442 THIRD STREET WEST F AIRVIEW, PENNSYLVANIA 17025 / :~~ Attorneys for Plaintiff 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 LAW OFFICES HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR. JILL M. WINKA BRIAN 1. TYLER NICHOLE M. STALEY Q'GORMAN f?lJ~ ~ rJ ~ 1719 NORTH FRONT STREET HARRISBURG, PENNSVL VANIA 171 02-2392 TELEPHONE (717) 234-4178 FAX (717) 234-1206 HERSHEY (717)533-3836 JOSEPH NISSLEY (1910-1982) JOHN W. PURCELL VALERIE A. GUNNOF COUNSEL RANDY L. BENDER 442 THIRD STREET WESTFAIRVIEW,PA 17025 STACY L. BENDER 442 THIRD STREET WEST FAIRVIEW, PA 17025 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, P A 17013 TENANT/OCCUPANT 442 THIRD STREET WEST FAIRVIEW, PENNSYLVANIA 17025 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 subj ect 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 against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, i~ed of said Sheriff's Sale. B~~ Haller P A LD.15700 ~ ~<\ttorney for Plaintiff PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MIDFIRST BANK, VS. CIVIL ACTION LAW NO. 2005-00868 RANDY L. BENDER STACY L. BENDER, DEFENDANT(S) IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, September 07, 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 ATTACHED) THE LOCATION of your property to be sold is: 442 THIRD STREET WEST FAIRVIEW, PENNSYL VANIA 17025 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2005-00868 JUDGMENT AMOUNT $70,268.43 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: RANDY L. BENDER and STACY L. BENDER 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 mOligages 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 ofthe 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 exercis,e 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 Ph;'as 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 a 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 fi)r 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 COlmty. 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 7:w.D 3'Il1 "184& 1.~5 5171 TO: STACY L. BENDER 442 THIRD STREET WEST FAIRVIEW, PA 17025 SENDER: REFERENCE: pS Form 3800 June 2000 RETURN Postage , RECEIPT Certified Fee 0,30 SERVICE Return Receipt Fee , 75 Restricted Delivery , 50 Total Postage & Fees. c , .15 us Postal Service ~ Receipt for /,-<' t:.i ($t!~113 .? ~) Certified Mail ~ .-~ .:>r No Insurance Coverage Provided ~i!i! 00 Not Use for International Mail ~ ~.. USP '0'0" __n__._.__..__._____.__..____ -.----.--- ..-.._-..- $_--_ ..-, ---- , 7:Ll.D 3'Il1 "184& 1."125 5W TO: RANDY L. BENDER 442 THIRD STREET WEST FAIRVIEW, PA 17025 SENDER: REFERENCE: PS Form 3800 June 2000 RETUAN Postage RECEIPT Certffied Fee SERVICE Return Receipt Fee Restricted Delivery Toral Postage & Fees ~ o , US Postal Service ,- , Receipt for Certified Mail po$'l'l /0 <$>2 ~J JlJN 13 ~'B\ Ul ' 2t1'.!5':o ~ ;.; -- ---~~-,:~~,\...._,------ No Insurance Coverage Provided 00 Not Use for International Mail MIDLAND MORTGAGE COMPANY v. RANDY L. BENDER STACY L. BE'IDER Cumberland County Sale 9/7/2005 U. S. POSTAL SERVICE CERTIFICATE OF MAILING an compliance with Postal Service Form 38771 Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 Postage: One piece of ordinary mail addressed to: RANDY L. BENDER 442 THIRD STREET WEST FAIRVIEW, PA 17025 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 Postage: One piece of ordinary mail addressed to: STACY L. BENDER 442 THIRD STREET WEST FAIRVJEW, PA 17025 Postmark: 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 Postage: One piece of ordinary mail addressed to: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 Postmark: ,<:'::''-.~-~1,'.)~ _'. -'('r/ \0Jj \('- i' .ii.:"" 1- <<.~ ",",';:" ----,'~ / ,8 8\.1" "'"--_._"" I-Il~~.=..r. . ~ II.. ": .=:---........... -- : ; "" -.-- PIlNfY BOWlS ., 00 . I' ~ 02 1A $ 00.9 0004353871 JUN 13 2005 , . MAILED FROM ZIP CODE 17102 MIDLAND MORTGAGE COMPANY v. RANDY L. BENDER STACY L. BENDER Cumberland County Sale 9/7/2005 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In comoliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 Postage: One piece of ordinary mail addressed to: TENANT/OCCUPANT 442 THIRD STREET WEST FAIRVIEW, PENNSYLVANIA 17025 Postmark: ~<S POs/;q ~~ Q(<' .~ 0 ------;::::t::./~ . ~ d IY ~=AiiiiUIJ"""" 'z ~ ~ I'nm~ ll.O'NI5 . : ::> $ 00.900 021A JUN13 2005 . . ~~~ti~~~6~ ZIP CODE 17102 CJ ....> Q, c"::) ~ c? \,_. ,.:._11 ;:"'" ..... :T--n (:":: rni.o;;:: Gj ~'(l rr< \'oJ :{lY 0' i.?,() " -"'" < .~_:~- ~/"j r-:-? t)rn ~.:,.~ :n '" -<. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Midfirst Bank is the grantee the same having been sold to said grantee on the 7th day of Sept A.D., 2005, under and by virtue of a writ Execution issued on the 26th day of April, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 868, at the suit of Midfirst Bank against Randy L Bender & Stacy L is duly recorded in Sheriffs Deed Book No. 271, Page 1146. IN TESTIMONY WHEREOF, I have hereunto set rny hand and seal of said office this 3~ day of CJ-iiIi-U.. f1 , A.D. O? (ff)J---- 0. \ ' , '. Re order of Deeds . CUmllo_ County, CIrI*. Pit. ElqlIroo the RIll MclndiIy of Jon. 2001 Midfirst Bank VS Randy L. Bender and Stacy L. Bender The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-868 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on June 14,2005 at 7:53 o'clock PM, he served a true copy ofthe within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Randy L. Bender and Stacy L. Bender, by making known unto Stacy L. Bender, personally and adult in charge for Randy L. Bender, at 103 Laurel Drive, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on July 13,2005 at 4:09 o'clock P.M., he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Randy L. Bender and Stacy L. Bender, located at 442 Third Street, West Fairview, 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: Randy L. Bender and Stacy L. Bender, by regular mail to their last known address of 103 Laurel Drive, Enola, P A 17025. These letters were mailed under the date of July 01, 2005 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 Courthouse, Carlisle, Cumberland County, Pennsylvania on September 07, 2005 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Leon P. Haller for Midfirst Bank. It being the highest bid and best price received for the same, Midfirst Bank of999 N.W. Grand Blvd., Suite 100, Oklahoma City, OK 73118 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of$875.64. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail $30.00 17.17 15.00 15.00 30.00 10.00 .50 1.00 24.00 2.17 Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $ 15.00 30.00 335.00 268.10 18.20 25.00 39.50 875.64 Sworn and subscribed to before me 2005, A.D. So ~~~,w/ ~ r~P '.., R. Thomas Kline, Sheriff BY ,,-bd.~ "\Mdf, Real Estate ergeant ~' ~ ,. ull jV' 3/.0>-1) U?. 5/.3(,:z..., R..u. ) C 'it.::7 PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MIDFIRST BANK, VS. CIVIL ACTION LAW ~:1 DEFENDANT(S) IN MORTGAGE FORECLOSURE 0'" ,,,.......,, {^' "t, \'~4J= NO. 2005-00868 RANDY L. BENDER STACY L. BENDER, 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 442 THIRD STREET, WEST FAIRVIEW, PENNSYLVANIA 17025: I. Name and address of the Owner(s) or Reputed Owner(s): RANDY L. BENDER 442 THIRD STREET WESTFAIRVIEW,PA 17025 STACY L. BENDER 442 THIRD STREET WEST FAIRVIEW, PA 17025 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 oflast 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 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle,PA 17013 TENANT/OCCUPANT 442 THIRD STREET WEST F AIRVIEW, PENNSYLVANIA 17025 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief I understand that false statements here' re ade subject to the penalties of 18 P A C.S. Section 4904 relating to unsworn falsification to Ie eon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 DATE: April 22, 2005 PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MIDFIRST BANK, VS. CIVIL ACTION LAW NO. 2005-00868 RANDY L. BENDER STACY L. BENDER, DEFENDANT(S) IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: Wednesday, September 07,2005 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 ATTACHED) THE LOCATION of your property to be sold is: 442 THIRD STREET WEST FAlRVIEW, PENNSYLVANIA 17025 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2005-00868 JUDGMENT AMOUNT $70,268.43 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: RANDY L. BENDER and STACY L. BENDER 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 mnnicipalities 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 obj ects 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 a 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, P A 17102 (717) 234-4178 ALL THRAT CERTAIN lot or tract of land known as part of Lot No. 15 In May's Second Addition to West Fairview, Cumberland County, Penusylvanfa, more particularly bounded and described as fonows to wit: BEGINNING at 8 point 64 feet southeast from Locust Street (and on the Western side of Third Street) and southeastern comer of lot now or formerly of Frederick E. E, Givler; thence In a southwestern course alollg lot now or {ormerly of Givler, 105 feet, more or less, to an alley; thence along sald alley In 8 southeastern course, 15 feet to a lot now or formerly of Emllo Maish of which this formed a part; thence In a nortIleastern course along lot now or formerly of Maish, 105 feet, more or less, to Third Street; thence In 1I0rthwestern course along Third Street, 181/3 feet the place of Beginning. HAVING THEREON ERECTED A DWELLING KNOWN AS 442 THIRD STREET, WEST FAJltVIEVV,PENNS)1LVANIA17025 BEING THE SAME PREMISES WHICH Frederick L. Gerrick and Peggy A. Gerrick by deed dated 6/14/00 and recorded 6/25/00 in Deed Book 224, Page 1, granted and conveyed unto Randy L. Bender and Stacy L. Bender. TO BE SOLD AS THE PROPERTY OF RANDY L. BENDER AND STACY L. BENDER ON JUDGMENT NO. 2005-00868 ASSESSMENT NO. 45-17-1044-027 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 05-868 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MID FIRST BANK Plaintiff (s) From RANDY L. BENDER AND STACY L. BENDER (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 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) 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. Amount Due$70,268.43 L.L.$.50 Interest per diem of $13.89 to sale date 9/7/2005 $2,569.65 Atty's Comm % Due Prothy $1.00 Atty Paid $137.84 Other CostsLate Charges $19.15 per month to sale Escrow Deficit $2,000.00 date 9/7/2005 $114.90 'Plus additional interest, late charges and other costs to date of sheriffs sale. Sale Date Sept. 7, 2005 Plaintiff Paid Date: April 26, 2005 CURTIS R. LONG (Seal) Prothonotary By ?<7f1';/V1L<-): X/47. W Deputy REQUESTING PARTY: Name Leon P. Haller, Esq. Address: 1719 North Front Street Harrisburg, P A 17102 Attorney for: Plaintiff Telephone: 717-234-4178 Supreme Court ID No. 15700 Real Estate Sale #37 On May 11, 2005 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 442 Third Street, West Fairview, more fully described on Exhibit "A" filed with this writ and by this reference incoi-porated herein. Date: May 11,2005 By: Judn J~ Real Estat6 Deputy 8l :l d qZ 'deW S~~l ":,:) ')..Ji-\\U'-:' ," ,(, :;'.-:,l\_\jC .Jj\'dJ,~'S ' c:') J.~ - ~ ~ ~ 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant 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 pnblished 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 continnously 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 19th and 26th day(s) of July and the 2nd day(s) of August 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 Mis eous Book "M", Volume 14, Page 317. COpy SALE #37 NOTARY PUBLIC My commission expires June 6, 2006 PUBLICATION CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE 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 268.10 IlUL ISTATE IlAUI .....11 WrIt.... ~T .. CIWIr.m Mktiret 8MlI: 2~1&' ....'.[~.f*l. , ALL. TIIAT CI!IlI'AIN lot ot ... of ... ...... as port ofLdt No. ISia May', SIIiIoiI AiIditionIOWeIlFairview,beiag.......... 'JIlrasbipofEasl'_(_yWes, _I. Cumb<rlad ~. P"",yl...... _lIIIl_asfullow.101I'iI: BEGINNING" a poiDl64 feet soudleaac from Loaot_(aud...IbeWcstem side of Third Street) and soutbeI61cm ~cmer of lot now or fotmerlyol_EEGM<<;dJooo:eia. soolbwestetncqune alobs lot now or formerly of Givi<r, IOSfect.more.otlesa,lOanalley;dJooo:e aloog said alleyiaa_....... IS f<<< 10 . lot ,.,.. otlomcdy of EmiIo _ of whicb tbisfamrdapart;1beftceinallOdbeastemcourse a1<luglot....otfulmalyofMa1ab,IOSfeet. more or less. to Third' Street; Ibcnce in llOlIb_couraeaJotiglbitds.iet,ISlIJfeet to Ibe place of ll1!GINNING. HAVING -. """'"<I a dwclIiI>g known as 442lbitdS-. W..._,PA 17025, BEING Ibe......... wbi<:b_1. Gcaid; lIIIlPlW A. Geaidt by doe<! datodlill41 00 lIIIl_ _ia Deed Book 2201, Pase 1,8JUlIedlllll""""Y"l_Raudy1._ lIIIlSta<yL)kodcr. TO BE SQLD as Ibe _ of Raody 1. Beado:lIIIlSrxy1._...Judsme,loNo, ~.. ASOIK!C!\P'tt NO. 46-11-1044-027. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.l784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, 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, V1Z: July 15, 22, 29, 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 29 day of Julv. 2005 NO IAL SEAl LOIS E. SNYDER, Notary Public Carlisle Boro. Cumberland County My Commission Expires March 5, 2009 '...' ~ . ,~~;. , \1-.::., '..l;_"', REAL ESTATE SALE NO. 37 Writ No. 2005-868 Civil Midfirst Bank VS. Randy L. Bender and Stacy L. Bender Atty.: Leon P. Haller ALL THAT CERTAIN lot or tract of land known as part of Lot No. 15 in May's Second Addition to West Fairview, being sUuate in the Town- ship of East Pennsboro (formerly West FaiIview), Cumberland County, Pennsylvania, bounded and described as follows. to wit: BEGINNING at a point 64 feet southeast from Locust Street (and on the Western side of Third Street) and southeastern comer of lot now or formerly of Frederick E. E. GMer: thence in a southwestern course along lot now or formerly of Givler, 105 feet. more or less, to an alley: thence along said alley in a south- eastern course. 15 feet to a lot now or formerly of Emilo Malsh of which this formed a part: thence in a north- eastern course along lot now or for- merly of Malsh, 105 feet. more or less. to Third Street: thence in a northwestern course along Third Street, 18 1/3 feet the place of Be- ginning. HAVING THEREON ERECTED A DWELLING KNOWN AS 442 THIRD STREET. WEST FAIRVIEW. PENN- SYLVANIA 17025. BEING THE SAME PREMISES WHICH Frederick L. Gerrick and Peggy A. Gerrick by deed dated 6/ 14/00 and recorded 6/25/00 in Deed Book 224. Page 1, granted and conveyed unto Randy L. Bender and Stacy L. Bender. TO BE SOLD AS THE PROP- ER'IY OF RANDY L. BENDER AND STACY L. BENDER ON JUDGMENT NO. 2005-00868. ASSESSMENT NO. 45-17-1044- 027.