HomeMy WebLinkAbout14-0569 Supreme Court a , ennsylvania
Coutt% C6inm6<lTleas For Prothonotary Use Only:
Cv C�nVe t Docket No:
CUIRLAND County /�.. J /�
V v C�
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court.
Commencement of Action:
Complaint 0 Writ of Summons Q Petition
S
E Transfer from Another Jurisdiction [3 Declaration of Taking
C Lead Plaintiffs Name: Lead Defendant's Name:
T MIDFIRST BANK. PEGGY J. STONER A /K /A PEGGY JOAN STONER
Dollar Amount Requested: Owithin arbitration limits
I Are money damages requested? Q Yes No (check one) iaoutside arbitration limits
O
N Is this a Class Action Suit? El Yes J3 No Is this an MDJAppeal? D Yes El No
A Name of Plaintiff/Appellant's Attorney: Leon P. Haller / Jill M. Wineka
Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
Intentional Buyer Plaintiff Administrative Agencies
El Malicious Prosecution El Debt Collection: Credit Card Board of Assessment
Motor Vehicle Debt Collection: Other Board of Elections
Nuisance ® Dept. of Transportation
Premises Liability Statutory Appeal: Other
S Product Liability (does not include
E mass tort) El Employment Dispute:
Slander/Libel/ Defamation Discrimination
C El Other: Employment Dispute: Other Zoning Board
Other:
I_ Q Other:
0.. MASS TORT
0 Asbestos
N El Tobacco
E] Toxic Tort - DES
Q Toxic Tort -Implant
Toxic Waste REAL PROPERTY MISCELLANEOUS
Other: [3 Ejectment lJ Common Law /Statutory Arbitration
B El Eminent Domain/Condemnation Declaratory Judgment
I] Ground Rent Mandamus
Landlord/Tenant Dispute E] Non - Domestic Relations
Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABLITY [3 Mortgage Foreclosure: Commercial El Quo Warranto
Dental 0 Partition El Replevin
Legal l2 Quiet Title Q Other:
Medical Other:
Other Professional:
Updated 11112011
_'r THE QTt(GN
JTAR
I
Leon P. Haller, Esquire 201 JAN 29
Purcell, Krug & Haller �M 10 : 1 4
1719 North Front Street CUMBERLAND COUNTY
Harrisburg, PA 17102 PENNSYLVANIA
717.234.4178
mtg @pkh.com
MIDFIRST BANK IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
PEGGY J. STONER A/K /A PEGGY JOAN STONER ACTION OF MORTGAGE FORE? OSURE
Defendant ///, 5 -69
� L
v r
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 32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
717 - 249 -3166
AVISO
LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES
ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA
Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL
PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA.
RECUERDE: SI USTED NO R.EPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU
PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE
USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED
PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE.
SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE
ABOGADOS), (215) 238 -6300.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET
CARLISLE, PA 17013 n
717 - 249 -3166 �Q,�• 7 `� jY
MIDFIRST BANK, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION LAW
PEGGY J. STONER A/K/A PEGGY JOAN ACTION OF MORTGAGE FORECLOSURE
STONER,
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
MIDFIRST BANK, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
PEGGY J. STONER A/K/A PEGGY JOAN ACTION OF MORTGAGE FORECLOSURE
STONER,
Defendant
COMPLAINT IN MORTGAGE FORECLOSURE
1. The Plaintiff is MIDFIRST BANK, a Federally Chartered Savings Association, whose address is 999
N.W. GRAND BOULEVARD OKLAHOMA CITY, OK 73118.
2. The Defendant, PEGGY J. STONER A/K/A PEGGY JOAN STONER, is an adult individual whose last
known address is 542 SHALOM DRIVE, NEW OXFORD, PA 17350.
3. On or about, November 20, 2007, the Defendant executed and delivered a Mortgage Note in the sum of
$57,165.00 payable to GMAC MORTGAGE, LLC f/k/a GMAC 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, the Defendant made, executed, and delivered to Mortgage Electronic
Registration Systems, Inc. as Nominee for GMAC Mortgage, LLC f/k/a GMAC Mortgage Corporation,
a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County
and Commonwealth on December 17, 2007 as Instrument Number 2007746441 conveying to original
Mortgagee the subject premises. The Mortgage was subsequently assigned to MIDFRIST BANK and
was recorded on October 21, 2013 in the aforesaid County as Instrument Number 201334373. The said
Mortgage and Assignment are incorporated herein by reference.
5. The land subject to the Mortgage is: 313 SCENIC DRIVE, MECHANICSBURG, PA 17055 and is more
particularly described in Exhibit `B" attached hereto.
6. The Defendant is the real owner of the property.
7. The Mortgage is in default due to the fact that the Mortgagor has failed to pay the installment due on
July 01, 2013 and all subsequent installments thereon, and the following amounts are due on the
Mortgage:
UNPAID PRINCIPAL BALANCE $39,645.90
Interest at $7.20 per day $1,763.04
From 06/01/2013 To 02/01/2014
( based on contract rate of 6.6250 %)
Accumulated Late Charges $163.62
Good through 01/08/2014
Escrow Deficit $841.64
Corporate Advance $967.00
Attorney's Fee at 5% of Principal Balance $1,982.30
TOTAL $45,363.50
"Together with interest at the per diem rate noted above after February 01, 2014 and other charges and
costs to date of Sheriff's Sale.
The attorney's fees set forth above are inconformity 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. Notice of intention to foreclose and to accelerate the loan balance was sent to the Defendant by letter
dated November 11, 2013 as required by Pennsylvania Act No. 6 of 1974, as amended. A copy of the
November 11, 2013 Act 6 Notice is attached hereto and marked Exhibit "C ".
9. 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.
10. The Defendant is not a member of the Armed Forces of the United States of America, nor engaged in
any way which would bring her within the Soldiers and Sailors Relief Act of 1940, as amended. A copy
of the website report from the Department of Defense Manpower Data Center, confirming non - active
military duty is attached as Exhibit "D ".
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned
total amount due together with interest at the rate of 6.6250% ($7.20 per diem), together with other charges and
costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of
the property within described.
By:
PURCELL, KRUO'& HALLER
Leon P. Haller, Esquire
I.D. # 15700
Jill M. Wineka
I.D. #58802
Attorneys for Plaintiff
1719 N: Front Street
Harrisburg, PA 17102
(717- 234 -4178)
NOTE
• iW•140: 181341108
Muithtt>ste NOTE FRA Cam Number
441- aoes17 -o-703
i
November 20, 2007
' CSI
I 313 Scenic Dr, )4acbanieabarg, PA 17055
VftpeM Aft
1. PARTIES
'Borrewet' means eeeh person SiSdug a t &a end of this Note, end the parson's sueetarrora aad assigns. 'Leader'
means
CMXC Mortgage, LLC f /k/a cmAC Mortgage Corporation
and its successors and assigns
2 Bt3RHOW1•.H'S PROmm TO PAY; VMRM
in return a loan received from Lender Borrowa ntamiSa+ pag rmelpal arm of
Fifty Seven Thousand ore Hturdr Sixty Five net 0 0o
I)CIIeaa (U. S. S 57,165.00 ). plw interest, to the order of Linda. Intrust will Ix chargad w -paid
principal, firm the date of d *w3cmeet of the loan proceeds by Leads. at the rate of Six and 625/1000
!'a (. 6.625' X) per year natil the ful) amount of prig paf has been paid.
3. PBOME TIO PAY SECURED
Borrower' a promise to pay is secured by a mortgage, deed of twist or similar security instrument that is dated the
same date a this Nom and called the 'Security Instrument' The Security hum ment protects the Linda 5om loam
which might result if Borrower defaults under this Note.
4. MANNER OF PAYMENT
(A) Time
Borrower *ball mare a payment of principal and interest to Leader an the fast day of each momb beginning
on January 1 2008 . Any principal and interest '=Amin'° on the first day
of beceuober 2022 , will be due on that data which is called the maturity date.
.(S) Place
Payment shall be made at
P.O. Box 780, waterloo, IA 50702 -0780, ATT'Na Payment Procaaaing I
or at nub place as Leader may de sigmta in writing by notion to Borrower.
(C) Amount
Each monthly psymgd of principal and bAcrest will be in the amount of U. S. $ 501.91
This amount will be pert of a larger monthly payment required by the Security instrummt, that shall be applied to
principal, interest and other items in the order described in the Sec airy Instscmeat
(D) Alberta to tbb Note for payorenYedjus4ments
If an allonge providing for payment adjtrsmtants is emartod by Borrower togcthrr with this Note, the
covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if tha-
allonge were a part of this Note. [Check applicable box)
❑ Graduateal Payraeot Ailoega ❑ twia8 Equity A1longe ❑ other [veoi y)
S DORROWItWS RIGIitT TO PREPAY
Bormwer her the right to pay the debt evidenced by this Notc in whole or in part without charge or para]ty, oa
i the first day of any month. Lender shall accept prepaymerm to other days provided that borrower pays interest on the
, mount prepaid far the remainder of the month to the extent requkad by Leader and permitted by regulations of the
Secretary. If Borrower makes a partial prepayment. there will be no changes in the due date or in the amount of the
monthly payment unless Lander agroes in writing to those changes.
G $ORROWRWS FA[I,IAM TO PAY
(A) Late Charts for Overdue Payment
If Lender has not received the flrtl monthly psymmt requited by the Soauity Instrument. as described in
Paragraph 4(C) of this Note, by the end of f>fteen calends' days after the payment is due, Lander may uolie4 a late
charge in the amount of Four and 00/100 PC—t( 4.000 46) of the overdue amount of
each payment `
If Borrower defaults by felling to pay in full any monthly payment„ then Linda may, exoept as limited by
regulations of the Secretary in the case of payment defaults; rewire mimadiete payment in full of the principal balmnoc
remaining due and all ac=ed intact Lender may choose not to extxtim this option without waiving its rights in the
event of any subsatueat default. In many cammstan6is regulations issued by the Secretary will limit Leader s rights to
require flmnaGate prymam in full in the case of payment defaults. This Note does not authorize sooderation when not
permitted by HUD regnlatiom As used in this Note, 'Seactaty' means the Secretary of [lousing and Urban
Development or his or her designee
• trHA t4oti�.a tenet ma
4MACM . FNM.0099.Fat (NO" hp r err 2 InaY4
400375460 i
h fbI �°
• i
(C) Pamenrt of costa and Eipara x '
If Leader has required immodiste payment in fill, as described above, Lender may require Borrower to pay
costs and cTeases kohding raeaoaaWe acid costomary sttmney'a fns for enforcing this Note to the extent not prohibited
by applicable low. Such few and costs ahali bear interest from the date of disbursement at the some rate as the principal
of thin Note,
1. WAIVERS
Borrower and any other person who has obligations tinder this Note waive the rights of presoatmmt and notice of
dislwnor. 'Presentment' teams the right to require Lender to demand payment of amounts due. 'Notice of dishonor
meens the right to require Leader to give notice to other persons that amonnta due have not been paid.
& GIVING OB NOTICES
'Unless applioebla law requires a different method, any notice that muter be given to Borrower under this Note will
be given by delivering it er by mailing it by first class maid to Borrower d the property address above or at a different
address if Borrower has given Leader a notice of Borrow a different address.
Any notice that ed t must be given to Leader under this Note will be given by first olaas maid to Lender at the address
atated in Paragraph 4(B) or at a different address if Burrower is given a notice: of that different address.
9. OBLIGATIONS OF PERSONS DNDEA TIM NOTE
If mom than one person sips this Notr, each peeaon is fully and pesnoally obligated to keep all of the promises
made in this Note, including the promise to pay the fhU amount bwal. Any person who is a guarantor, surety or endorser
of this Note is also obligated to do these tbings•' Any person who takers over these obligations, including the obligations
of a guarantor; surety or endorser of this Note, is also obligated to Icap all of the promises trade in this Note. Leads
may cdorm its rights tinder this Note against each person individua[ty or against all signatories together. Any one
person eigaing this Note may be required to pay all of the amounts owed tmdix this Note,
This is a contract tinder seal and may be enforced render 42PA. C.S. Section 5529(b) .
BY SIGNING BELOW, Borrower accepts and agrees to the teems and covenaafs contained in this Note.
Peggy 3 t r (seal)
(seal)
- Ek
i (Sed)
.eneeorrr
(Sills 0N ml O,r>
f
ALL THAT CERTAIN TRACT OF PARCEL OF LAND SITUATE IN THE
TOWNSHIP OF UPPER ALLEN COUNTY OF CUMBERLAND AND STATE OF
PENNSYLVANIA BEING MORE PARTICULARLY BOUNDED AND DESCRIBED
AS FOLLOWS TO WIT:
BEGINNING. AT AN IRON PIPE ON THE NORTHERN SIDE OF SCENIC DRIVE '
(20 FEET WIDE) AT THE CORNER OF LANDS NOW OR FORMERLY OF THE
EVANGELICAL UNITED BREATHEREN CHURCH OF SHEPARDSTOWN;
THENCE CROSSING SAID SENIC DRIVE AND ALONG THE LINE OF SAID
LANDS NOW OR FORMERLY OF THE EVANGELICAL UNITED BRATHEREN
CHURCH OF SHEPARDSTOWN SOUTH FIFTY ONE (51) DEGREES ZERO (00)
MINUTES EAST A DISTANCE OF ONE HUNDRED SIXTY - FOUR AND FORTY
EIGHT ONE HUNDREDTHS (164.48) FEET TO AN IRON PIPE ON THE LINE OF
LANDS NOW OR FORMERLY OF RICHARD J WILDMAN; THENCE ALONG THE
LINE OF SAID LANDS NOW OR FORMERLY OF RICHARD J WIL• DMAN SOUTH
THIRTY NINE (39) DEGREES NINETEEN (19) MINUTES WEST A DISTANCE OF
ONE HUNDRED EIGHTEEN AND EIGHTY FOUR ONE HUNDREDTHS (118.84)
FEET TO AN IRON PIPE AT A CORNER COMMON TO LOTS NOS 1,2 AND 3 ON
THE HEREINAFTER MENTIONED FINAL SUBDIVISION PLAN; THENCE
ALONG THE DIVIDING LINE BETWEEN LOTS NOS 1 AND 2 ON SAID PLAN
NORTH FORTY SIX (46) DEGREES FORTY NINE (49) MINUTES WEST A
DISTANCE OF ONE HUNDRED THIRTY THREE AND FORTY ONE ONE
HUNDREDTHS (133.41) FEET TO AN IRON PIN; THENCE CONTINUING ALONG
THE SAME NORTH EIGHTEEN (18) DEGREES' TEN (10) MINUTES WEST A
DISTANC EOF EIGHTY FIVE (85) FEET TO A POINT ON THE NORTHERN SIDE
OF SCENIC DRIVE AFORESAID THENCE ALONG THE NORTHERN SIDE OF
SCENIC DRIVE NORTH SEVENTY ONE (71) DEGREES FIFTY (50) MINUTES
EAST A DISTANCE OF SEVENTY FIVE (75) FEET TO. AN IRON PIPE THE POINT
AND PLACE OF BEGINNING
CONTAINING 0.460 ACRES (20M069 SQUARE FEET) TOGETHER WITH
IMPROVEMENTS THEREON ERECTED
PARCEL ID: 42- 28- 2419 -034A
Commonly known as 313 Scenic Drive Mechanicsburg, PA 17055
r. -
Midland Mortgage
A Division of MidFirst Bank
11/11/13
Irk
MD441 R91 E 91 61 P 1 6f2
PEGGY J STONER
f^3 313 SCENIC DR
L-` MECHANICSBURG PA 17055 -5163
NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE LOAN BALANCE
UNDER SECTION 403 OF PENNSYLVANIA ACT NO.6 OF 1974
RE: 313 SCENIC DR
MECHANICSBURG PA 17055 -0000
Loan Number 0053479806
Dear Borrower:
The MORTGAGE held by MidFirst Bank (Lender), serviced by Midland Mortgage, on your property located
at the address above IS IN SERIOUS DEFAULT because you have not made monthly payments totaling
$3,562.93 for the months of 07/01/13 through 11/01/13. Late charges and other charges have also accrued
to this date in the amount of $45.00. The total amount now required to cure the default (or in other words, to
get caught up on your payments), as of the date of this letter, is $3,517.93.
You may cure this default within THIRTY -FIVE (35) DAYS of the date of this letter, by paving to Midland
M the above payment of $3 517 93 plus any additional monthly payments and late charges which
may, fall due during this period. Such payment must be made either by cashier's check, certified check or
money order, and made to Midland Mortgage at P.O Box 268888, Oklahoma City, OK 73126 -8888.
If you do not cure the default within THIRTY -FIVE (35) DAYS, the Lender intends to exercise its right to
accelerate the mortgage payments This means that whatever is owing on the original amount borrowed will
be considered due immediately and you may lose the chance to pay off the original mortgage in monthly
installments. If full payment of the amount of default Is not made within THIRTY -FIVE (35) DAYS, the
Lender also intends to instruct its attorneys to start a lawsuit to foreclose your mortgaged property. If the
mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt If
the Lender refers your case to its attorneys, but you cure the default before before they begin legal
proceedings against you, you will still have to pay the reasonable attorney's fees, actually Incurred, up to
$50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's
fees even if they are over $50.00. Any attorneys fees will be added to whatever you owe, which may also
include reasonable costs. If you cure the default within the thirty -five day period you will not be reauired to
pay attorney's fees
The Lender may also sue you personally for the unpaid principal balance and all other sums due under the
mortgage.
`If you have received a bankruptcy discharge of the debt secured by the Mortgage /Deed of Trust or you are currently In bankruptcy
under the protection of the automatic stay, this letter Is not an attempt to collect the debt, but any default will need to be cured to avoid
foreclosure. if your loan was in default at the time MidFirst Bank acquired the servicing of your loan and you have not filed bankruptcy
or received a discharge of the debt secured by the Mortgage/Deed of Trust, we are required to advise you that this communication is
from a debt collector, this Is an attempt to collect a debt, and any information obtained will be used for that purpose.
Midland Mortgage Delinquency Assistance Center
P.O. Box 268806.Oklahoma City, OK 73126 -8806 • Tel 1- 800 -552 -3000 • Fax 1.405 -767 -5815 . www.Mymidiandmortgage.corn
Qualified Written Requests, Notice of Errors, Information Requests, and Credit Disputes must be sent to:
P.O. Box 268959.Oklahoma City, OK 73126 -8959
� c
�� I r f t
A4& Midl and Mortgage Moam as¢oieirxaa '
A Division of MidFirst Bank
If you have not cured the default within the thirty-five day period and foreclosure proceedings have begun,
you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs
foreclosure sale You may do so by paving the total amount of the unpaid monthly payments plus any late or
other charges then due, as well as the reasonable attomey`s fees and costs connected with the foreclosure
sale, and by performing any other requirements if any, under the mortgage It is estimated that the earliest
date that such a Sheriff's sale could be held would be approximately six months from the date of this letter.
A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to
cure the default will increase the longer you wait. You may find out at any time exactly what the required
payment will be by calling Midland Mortgage at the following number: 1- 800 -552 -3000. This payment must
be made by cashier's check, certified check or money order and made payable to Midland Mortgage at the
address stated above.
You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to
remain in it, if you continue to live In the property after the Sheriffs sale, a lawsuit could be started to evict
you.
You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL
THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY
FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO
SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR
TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE
OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO
OR AT THE SALE, AND ANY OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED.
CONTACT MIDLAND MORTGAGE TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT
MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY
ACTING ON YOUR BEHALF.
If you cure the default, the mortgage will be restored to the same position as if no default had occurred.
However, you are not entitled to this right to cure your default more than three times in any calendar year.
It is important that you call our office as soon as possible to discuss the options available to you. Our Loan
Counselors may be reached toll -free at 1- 800 -552 -3000, Monday through Friday, 8:00 a.m, to 9:00 p.m.
(Central Time).
Sincerely,
Delinquency Assistance Center
Midland Mortgage, a Division of MidFirstBank
Loan Number 0053479806
'If you have received a bankruptcy discharge of the debt secured by the Mortgage /Deed of Trust or you are currently in bankruptcy
under the protection of the automatic stay, this letter Is not an attempt to collect the debt, but any default will need to be cured to avoid
foreclosure. if your loan was in default at the time MidFirst Bank acquired the servicing of your loan and you have not filed bankruptcy
or received a discharge of the debt secured by the Mortgage /Deed of Trust, we are required to advise you that this communication is
from a debt collector, this is an attempt to collect a debt, and any information obtained will be used for that purpose.
Midland Mortgage Delinquency Assistance Center
P.O. Box 268806.Oklahoma City, OK 73126.8806 • Tel 1 -800 -552 -3000 • Fax 1-405 -767 -5815 • www.MyMidiandMortpge.com
Qualified Written Requests, Notice of Errors, Information Requests, and Credit Disputes must be sent to-
P.O. Box 268959 Oklahoma City, OK 73126 -8959
Department of Defense Manpower Data Center Results as of: Jan-27-2014 10:34:40 AM
SCRA 3.0
Stew., RepoTt
ti t Pursuant to Service meffiblers Civil Relief Act
Last Name: STONER
First Name: PEGGY
Middle Name: J
Active Duty Status As Of: Jan -27 -2014
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Du End Date status - service Component
NA NA No.. NA
This response reflects the individuals' active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Da s of Active Duty Status Date
Active Duty Start Date - Active Duty End Date Status - Service Component
NA NA _ �,.r , . No NA
This response relects where the Individual left active duty statuswlthln 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Dutv on Active DutY Status Date
Order Notification Start Date Order Notification End Date - - - Status - Service Component
NA I NA No NA
This response reflects whether the individual or his/her unh has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpowe I'D ata Center, fiased the information that you provided, the above is the status of
the individual on the active duty status date as to all branches. of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Aaj 4"
.r+
Mary M. Snavely- Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
I ' b <l
l
Department of Defense Manpower Data Center Results as of: Jan-27-2014 10:34:53 AM
SCRA 3.0
r� F
tats Report
Pursuant to Servicememben Civil Relief Act .
f�
Last Name: STONER
First Name: PEGGY
Middle Name: JOAN
Active Duty Status As Of: Jan -27 -2014
. On Active Duty On Active Duty Status Dale - -
Active Duty Start Date Active Duty End Date - Status Service Component
NA NA No NA
This response reflects the individuals' active duty status based on the Active Duty Status Date
Lek Active Duty Within 367 Days of Active Duty Status Date. -
Active Duty Start Date Active Duty Eno Date Status - service Com onent
NA NA - - `. - . 'No� - .. NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date
Order Notification Start Date Order Notification End Date - Status service Component
NA NA - No - NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicemember or his /her unit receiving notification of future orders to report for Active Duty.
14'
4"4 .6- _
Mary M: Snavely- Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
h f;
I
COMPANY NAME; MIDFIRST BANK
I
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct upon my
personal knowledge and upon information and belief.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unworn falsification to authorities.
Dated
C .
By
Melanie CarNr-
Title Vice President
i
7 14 JAN 29 10: 14
MIDFIRST _,BAN.K : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA
Plaintiff(s)
VS.
PEGGY J. STONER A /K /A PEGGY JOAN
STONER l �.
Defendant(s) Civil
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, you may be able to
participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer you must take the following steps to be eligible for a
conciliation conference First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal
Services at (717)243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative,
at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal
representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal
representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If
you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will
prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days
of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender
before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to
be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the
appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that
a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format
attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed
with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation
conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out
reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE
STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully s itt
1/28/14
Date Leon P. g:aller / Milk M. Wineka
Attorney-for Plaintiff
Purcell, Krug and Haller
1719 North Front Street
Harrisburgg PA 17101
PA ID' 1570a / 58802
MIDFIRST BANK IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff(s)
VS.
PEGGY J. STONER A /K /A PEGGY JOAN
STONER
Defendant(s) Civil
REQUEST FOR CONCILIATION CONFERENCE
Pursuant to the Administrative Order dated February 28 2012 governing the Cumberland
County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as
follows:
1. Defendant is the owner of the real property which is the subject of this mortgage
foreclosure action;
2. Defendant lives in the subject real property, which is defendant's primary
residence;
3. Defendant has been served with a "Notice' of Residential Mortgage Foreclosure Diversion
Program: and has taken all of the steps required in that Notice to be eligible to participate in a
court- supervised conciliation conference.
The undersigned verifies that the statements made herein are true and correct. I understand that
statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to
authorities.
Signature of Defendant's Counsel /Appointed Date
Legal Representative
Signature of Defendant Date
Signature of Defendant Date
w
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances to determine
possible options while working with your
Please provide the following information to the best of your knowledge:
CUSTOMERIPRIMARY APPLICATION
Borrower name (s):
Property Address:
City: State: Zip:
Is the property for sale? Yes ❑ No ❑ Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied: Yes ❑ No ❑
Mailing Address (if different)
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
CO- BORRO WER
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
INF FINANCIAL
First Mortgage Lender:
Type of Loan:
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $ Included Taxes and Insurance:
- Date of Last Payment:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ❑ No ❑ _ if yes, provide names, location of court, case number & attorney:
Asset Amount Owed: Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile #1 : Model: Year:
Amount owed: Value:
Automobile #2 : Model: Year:
Amount owed: Value:
Other transportation (automobiles, boats motorcycles): Model:
Year: Amount owed: Value:
Monthly Income
Name of Employers:
1. Monthly Gross Monthly Net
2. Monthly Gross Monthly Net
3. Monthly Gross Monthly Net
Additional Income Description (not wages):
1. Monthly Amount:
2• Monthly Amount:
Borrower Pay Days: Co- Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2 Mortgage Utilities
Car Payment(s) Condo /Neigh. Fees
Auto Insurance Med. (not covered)
Auto fuel /repairs Other Prop. Payment
Install. Loan Payment Cable TV
Child Support/Alim. Spending Money
Day /Child Care /Tuft. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income and Expenses:
Have you been working with a Housing Counseling Agency?
Yes ❑ No ❑
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office): Fax:
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance?
Yes ❑ No
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Please provide the following information, if know, regarding your lender or lender's loan
servicing company:
Lender's Contact (Name): Phone:
Servicing Company (Name):
Contact: Phone:
AUTH
I/We, authorize the above
named to use /refer this information to my lender /servicer for the sole
purpose of evaluating my financial situation for possible mortgage options. I /we
understand that I /we am /are under no obligation to use the services provided by the above
named
Borrower Signature Date
Borrower Signature Date
Please forward this document along with the following information to lender and
lender counsel:
V Proof on income
V Past 2 bank statements
V Proof of any expected income for the last 45 days
V Copy of a current utility bill
V Letter explaining reason for delinquency and any supporting documentation
V (hardship letter)
Listing agreement (if property is currently on the market)
V Copy of 2 years of federal income tax returns
V Copy of deed
LEON P. HALLER, ESQUIRE
PURCELL, KRUG & HALLER
1719 NORTH FRONT STREET
HARRISBURG, PA 17102 -2392
(717)234-4178
ATTORNEY FOR PLAINTIFF
U.S. BANK NATIONAL ASSOCIATION
TRUSTEE FOR THE PENNSYLVANIA
HOUSING FINANCE AGENCY
Plaintiff
vS.
PEGGY J. STONER A /K /A PEGGY JOAN
STONER
r 'RC tfLPU TAr\
APR -2 PM I: 142
CUMBERLAND COUNTY
PENNSYLVANIA
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 14 -569 CIVIL
: IN MORTGAGE FORECLOSURE
Defendant
MOTION TO LIFT STAY IMPOSED BY THE MORTGAGE
FORECLOSURE DIVERSION PROGRAM
AND NOW comes Plaintiff, U.S. Bank National Association Trustee for The
Pennsylvania Housing Finance Agency, through it's counsel, Leon P. Haller,
and in accordance with Paragraph (k) of the Order of February 28, 2012,
establishing the Mortgage Foreclosure Diversion Program, represents as
follows:
1. The within foreclosure action was filed January 29, 2014.
2. Service of the Complaint and Notice of Residential Mortgage
Foreclosure Diversion Program was made on February 11, 2014.
3. The Notice of Residential Mortgage Foreclosure Diversion Program
was served on Defendant on February 11, 2014, a copy of the
Sheriff's Return is attached hereto and made a part hereof as
Exhibit "A ".
4. The property subject to the Mortgage is vacant.
5. The real estate is not owner occupied
6. Defendant has not opted to participate in the Mortgage
Foreclosure Diversion Program.
7. Plaintiff, in accordance with the provisions of the Mortgage
Foreclosure Diversion Program, requests that the stay be lifted.
WHEREFORE, Plaintiff requests that the stay imposed by the
Cumberland County Mortgage Foreclosure Diversion Program be lifted to allow
Plaintiff to proceed with the foreclosure action.
PURCELL, KRUG & HALLER
By:
Dated: April 1, 2014
Leon P. Haller
1719 North Front- Street
Harrisburg, PA 17102-2392
(717)234 -4178
Attorney ID #15700
Attorney for Plaintiff
James W. Muller
Sheriff
Len J. Supenski
Chief Deputy
SHERIFF'S OFFICE OF ADAMS COUNTY
Bernard A. Yannetti, Jr.
Solicitor
Kevin E. Miller
Lieutenant
MIDFIRST BANK
vs.
PEGGY J. STONER
Case Number
2014 -569
SHERIFF'S RETURN OF SERVICE
02/11/2014 06:24 PM - Deputy Scott Bailey, being duly sworn according to law, deposes and says, the Complaint in
Mortgage Foreclosure & Notice of Residential Mortgage Foreclosure Diversion Program was served upon
PEGGY J. STONER at 542 SHALOM DRIVE, NEW OXFORD, PA 17350 by handing a true and attested
copy to a LEONARD STONER, Brother, adult -in- charge of residence at time of service, and made known
the contents thereof.
SCOTT BAILEY, DEPUTY
SHERIFF COST: $31.44 SO ANSWERS,
February 20, 2014
JAMES W. MULLER, SHERIFF
COSTS
DATE CATEGORY MEMO CHK # DEBIT CREDIT
02/03/2014 Advance Fee Advance Fee 191384 $0.00 $150.00
02/03/2014 Docket & Return FREEZE $9.00 $0.00
02/03/2014 Service FREEZE $9.00 $0.00
02/20/2014 Mileage FREEZE $13.44 $0.00
02/20/2014 Refund 1858 $118.56 $0.00
Affirmed and subscribed to before me this
4TH day of MARCH
NOTARY
2014
BALANCE:
$150.00
$150.00
$0.00
(c)�CoountySurte Sheriff. Teleos lf7 Inc.
is f. ItI/>Jlb.'
VERIFICATION
I verify that the statements made in the foregoing
Petition to Lift Stay, 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: April 1, 2014
,
LEON P. HALLER, ESQUIRE
PURCELL, KRUG & HALLER
1719 NORTH FRONT STREET
HARRISBURG, PA 17102 -2392
(717)234 -4178
ATTORNEY FOR PLAINTIFF
U.S. BANK NATIONAL ASSOCIATION
TRUSTEE FOR THE PENNSYLVANIA
HOUSING FINANCE AGENCY
vS.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff : CIVIL ACTION - LAW
: NO. 14-569 CIVIL
PEGGY J. STONER A /K /A PEGGY JOAN
STONER
Defendant
: IN MORTGAGE FORECLOSURE
CERTIFICATE OF SERVICE
I, Leon P. Haller, the undersigned, Attorney for
Plaintiff, hereby certify that I served on the 1st day of April, 2014, a copy
of the Petition to Lift Stay Imposed by Mortgage Foreclosure Diversion Program
upon each of the following persons at the addresses shown below:
Peggy J. Stoner
542 Shalom Drive
New Oxford, PA 17350
Dated: April 1, 2014
Leon P. Haller
Attorney for Plaintiff
U.S. BANK NATIONAL ASSOCIATION
TRUSTEE FOR THE PENNSYLVANIA
HOUSING FINANCE AGENCY
VS.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff : CIVIL ACTION - LAW
: NO. 14-569 CIVIL
PEGGY J. STONER A/K/A PEGGY JOAN : IN MORTGAGE FORECLOSURE
STONER
Defendant
ORDER
AND NOW, this 41 . day of
, 2014, upon
consideration of Plaintiff Petition to Lift Stay, Notice of the Residential
Mortgage Foreclosure Diversion Program having been served on February 11,
2014, the mortgaged premises appearing to be vacant and not owner occupied,
IT IS HEREBY ORDERED that the stay imposed by the Mortgage Foreclosure
Diversion Program be lifted and Plaintiff may proceed with its mortgage
foreclosure action.
BY THE COURT:
a p29.1si,
r4447 L. 11.1
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
..Ili.. Pr ?O-H.i0( ✓
20114 APR 1 1 PH 2: 66
CLI.11RERLA ii) COOT
PENNSYLVANIA
RIFF
Midfirst Bank
vs.
Peggy J. Stoner
Case Number
2014 -569
SHERIFF'S RETURN OF SERVICE
01/30/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Peggy J. Stoner, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Adams, Pennsylvania to serve the within
Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure
according to law.
01/31/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Occupant, but was unable to locate the Defendant in his bailiwick.
The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion
Program and Complaint in Mortgage Foreclosure as "Not Served" at 313 Scenic Drive, Upper Allen
Township, Mechanicsburg, PA 17055. The residence is vacant.
02/11/2014 06:24 PM - The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint
in Mortgage Foreclosure served by the Sheriff of Adams County upon Leonard Stoner, Brother in Law ,
who accepted for Peggy J. Stoner, at 542 Shalom Drive, New Oxford, PA 17350. James W. Muller,
Sheriff, Return of Service attached to and made part of the within record.
SHERIFF COST: $70.30 SO ANSWERS, I
April 02, 2014 RONNY R ANDERSON, SHERIFF
(c) CountySuito Sheriff Teleosoft. Inc.
James W. Muller
Sheriff
Len J. Supenski
Chief Deputy
SHERIFF'S OFFICE OF ADAMS COUNTY
Bernard. A. Yannetti, Jr.
Solicitor
Kevin E. Miller
Lieutenant
MIDFIRST BANK Case Number
vs.
PEGGY J. STONER 2014 -569
SHERIFF'S RETURN OF SERVICE
02/11/2014 06:24 PM - Deputy Scott Bailey, being duly sworn according to law, deposes and says, the Complaint in
Mortgage Foreclosure & Notice of Residential Mortgage Foreclosure Diversion Program was served upon
PEGGY J. STONER at 542 SHALOM DRIVE, NEW OXFORD, PA 17350 by handing a true and attested
copy to a LEONARD STONER, Brother, adult -in- charge of residence at time of service, and made known
the contents thereof.
SHERIFF COST: $31.44
February 20, 2014
DATE CATEGORY
02/03/2014 Ariva ce Fee
02/03/2014 Docket & iteturn
02/03/2014 Service
02/20/2014 Mileage
02/20/2014 Refund
COSTS
MEMO
SCOTT BAILEY, DEPUTY
SO ANSWERS,
JAMES W. MULLER, SHERIFF
Advance Fee
CHK # DEBIT CREDIT
191384 $0.00 $150.00
$9.00 $0.00
$9.00 $0.00
$13.44 $0.00
1858 $118.56 $0.00
BALANCE:
$150.00 $150.00
$0.00
Affirmed and subscribed to before me this
20TH day of FEBRUARY
NOTARY
2014
(c) C^u.^.tySuite Sheriff, rmeusrfl. Inc
LEON P. HALLER, ESQUIRE
PURCELL, KRUG & HALLER
1719 NORTH FRONT STREET
HARRISBURG, PA 17102-2392
(717) 234-4178
ATTORNEY FOR PLAINTIFF
MIDFIRST BANK
Plaintiff
vs.
PEGGY J. STONER A/K/A PEGGY JOAN
STONER
Defendant
THE E P!\V I HCN0 f
20k JUN -4 AM 9: 44
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 14-569 CIVIL
: IN MORTGAGE FORECLOSURE
•
•
AMENDED MOTION TO LIFT STAY IMPOSED BY THE MORTGAGE
FORECLOSURE DIVERSION PROGRAM
AND NOW comes Plaintiff, MidFirst Bank, through it's counsel, Leon P.
Haller, and in accordance with Paragraph (k) of the Order of February 28,
2012, establishing the Mortgage Foreclosure Diversion Program, represents as
follows:
1.
The within foreclosure action was filed January 29, 2014.
2. Service of the Complaint and Notice of Residential Mortgage
Foreclosure Diversion Program was made on February 11, 2014.
3. The Notice
was served
of Residential Mortgage Foreclosure Diversion Program
on Defendant on February 11, 2014, a copy of the
Sheriff's Return is attached hereto and made a part hereof as
Exhibit "A".
4. The property subject to the Mortgage is vacant.
5. The real estate is not owner occupied
6. Defendant has not opted to participate in the Mortgage
Foreclosure Diversion Program.
7. Plaintiff, in accordance with the provisions of the Mortgage
Foreclosure Diversion Program, requests that the stay be lifted.
8. By Order dated April 4, 2014, the stay had been lifted. However,
Plaintiff's counsel had inserted the wrong Plaintiff, a copy of
said Order is attached hereto and made a part hereof.
WHEREFORE, Plaintiff requests that an Amended Order be issued
lifting the stay imposed by the Cumberland County Mortgage Foreclosure
Diversion Program.
PURCELL, KRUG & HALLER
By:
Dated: June 3, 2014
eon P. Haller
1719 North Front Street
Harrisburg, PA 17102-2392
(717)234-4178
Attorney ID #15700
Attorney for Plaintiff
U.S. BANK NATIONAL ASSOCIATION
TRUSTEE FOR THE PENNSYLVANIA
HOUSING FINANCE AGENCY
Plaintiff
•: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
vs. : NO. 14-569 CIVIL
PEGGY J. STONER A/K/A PEGGY JOAN : IN MORTGAGE FORECLOSURE
STONER
Defendant
AND NOW, this
ORDER
day of , 2014, upon
consideration of Plaintiff Petition to Lift Stay, Notice of the Residential
Mortgage Foreclosure Diversion Program having been served on February 11,
2014, the mortgaged premises appearing to be vacant and not owner occupied,
IT IS HEREBY ORDERED that the stay imposed by the Mortgage Foreclosure
Diversion Program be lifted and Plaintiff may proceed with its mortgage
foreclosure action.
BY THE COURT:
A
J.
VERIFICATION
I verify that the statements made in the foregoing Revised
Petition to Lift Stay, 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.
Leon P. Haller
Dated: June 3, 2014
LEON P. HALLER, ESQUIRE
PURCELL, KRUG & HALLER
1719 NORTH FRONT STREET
HARRISBURG, PA 17102-2392
(717)234-4178
ATTORNEY FOR PLAINTIFF
MIDFIRST BANK
Plaintiff
vs.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION
: NO. 14-569 CIVIL
PEGGY J. STONER A/K/A PEGGY JOAN : IN MORTGAGE FORECLOSURE
STONER
Defendant
CERTIFICATE OF SERVICE
I, Leon P. Haller, the undersigned, Attorney for
Plaintiff, hereby certify that I served on the 3rd day of June, 2014, a copy
of the Revised Petition to Lift Stay Imposed by Mortgage Foreclosure Diversion
Program upon each of the following persons at the addresses shown below:
Peggy J. Stoner
542 Shalom Drive
New Oxford, PA 17350
Leon P. Haller
Dated: June 3, 2014 Attorney for Plaintiff
MIDFIRST BANK
vs.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff : CIVIL ACTION
: NO. 14-569 CIVIL
PEGGY J. STONER A/K/A PEGGY JOAN : IN MORTGAGE FORECLOSURE
STONER
Defendant
AMENDED ORDER
AND NOW, this Sr day of (low—
, 2014, upon
consideration of the Amended Motion to Lift Stay, Notice of the Residential
Mortgage Foreclosure Diversion Program having been served on February 11,
2014, the mortgaged premises appearing to be vacant and not owner occupied,
IT IS HEREBY ORDERED that the stay imposed by the Mortgage Foreclosure
Diversion Program be lifted and Plaintiff may proceed with its mortgage
foreclosure action.
BY THE COURT:
aopi 'Es trit [c.c.(
)1441 661,
Noodz—
eV/
tolgpV
C.J
C—
nc
PO
N)
;1J
MIDFIRST BANK,
PLAINTIFF
VS.
PEGGY J. STONER A/K/A PEGGY JOAN STONER,
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 14-569
MORTGAGE FORECLOSURE
PRAECIPE
TO THE PROTHONOTARY OF THE WITHIN COUNTY:
Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) PEGGY J.
STONER A/K/A PEGGY JOAN STONER 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 $39,645.90
Interest $1,763.04
Per diem of $7.20
From 06/01/2013
To 02/01/2014
Accumulated Late Charges
Corporate Advance
Escrow Deficit
5% Attorney's Commission
TOTAL
$163.62
$967.00
$841.64
$1,982.30
$45,363.50
**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
By
. Haller PA I.D. # 15700
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
.i�. 0?
Ck /9Y032..,
Mi. 344.o?
1Va6E_ /r
MIDFIRST BANK,
Vs.
PEGGY J. STONER A/K/A PEGGY JOAN STONER,
DEFENDANT(S)
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 14-569
IN MORTGAGE FORECLOSURE
CERTIFICATE OF SERVICE
PURSUANT TO PA. R.C.P. 237.1
I hereby certify that on July 1, 2014 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.
. Haller PA I.D. # 15700
Attorney for Plaintiff
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
4,
MIDFIRST BANK,
VS.
Plaintiff
PEGGY J. STONER A/K/A PEGGY JOAN
STONER
Defendant
DATE OF THIS NOTICE: July 1, 2014
TO:
PEGGY J. STONER
A/K/A PEGGY JOAN STONER
542 SHALOM DRIVE
NEW OXFORD, PA 17350
PEGGY J. STONER
A/K/A PEGGY JOAN STONER
313 SCENIC DRIVE
MECHANICSBURG, PA 17055
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 14-569 CIVIL
CIVIL ACTION LAW
IN MORTGAGE FORECLOSURE
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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE
YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU
WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICE TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE,
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
717-249-3166
By
LEON P. HALLER, Attorney for Plaintiff
I.D. # 15700
1719 N. Front St., Harrisburg, PA 17102
(717) 234-4178
MIDFIRST BANK,
VS.
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 14-569
PEGGY J. STONER A/K/A PEGGY JOAN STONER,
DEFENDANT
IN MORTGAGE FORECLOSURE
AFFIDAVIT
COMMONEALTH OF PENNSYLVANIA :
SS
COUNTY OF DAUPHIN
I, LEON P. HALLER, Attorney for the Plaintiff in the above matter, being duly
sworn according to law, hereby certify that the Mortgage in the above case is insured by
the Federal Housing Administration under Title II of the National Housing Act (12
U.S.C.A. Section 707 1715z11) and therefore does not fall within the provisions of PA
Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program).
Sworn to and subscribed
before methis day
of 20 /
Not
11111111w
ublic
.:WEALTH OF P'ENNSYLVANIA
i...!OTARIAL SEAL
lc.. PERRI:Li L Notary Public
Twp., Dauphin County
".•.• F.F.xpires August 08, 2018
COMMONWEALTH Or =Mal&
NOTARIAL SEAL
MARYLAND K. FERRETTI, Notary Pubilo
Lower Paxton TWp., Dauphin County
My Commission Expires August 08, 2018
MIDFIRST BANK,
VS.
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 14-569
PEGGY J. STONER A/K/A PEGGY JOAN STONER,
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 County,
LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the
Defendants above named are not on active duty in the Military Service nor engaged in any way which
would bring them within the Servicemembers' Civil Relief Act. A copy of the search through the
Defense Manpower Data Center website is attached.
Sworn to and subscribe
EON P. HALLER, ESQUIRE
COMMONWEALTH OF PENN$$YLo, VANIA�
NOTARIAL SEAL
MARYLAND K. FERRETTI, Notary Public
Lower Paxton Twp., Dauphin County
My Commission Expires August 08, 2018
Department of Defense Manpower Data Center
Status Report
Pursuant to ,Servicerrtenbers Civil Relief Act
Last Name: STONER
First Name: PEGGY
Middle Name: JOAN
Active Duty Status As Of: Aug -29-2014
Results as of : Aug -29-2014 11:15:21 AM
SCRA 3.0
On Active Duty On Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA
No
NA
This response reflects the individuals' active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Das of Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA
No
NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Futu e Call -Up to Active Duty on Active Duty Status Date
Order Notification Start Date
Order Notification End Date
Status
Service Component
NA
NA
No
NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Mary M. Snavely -Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as
the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the
individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family
member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the
protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the
"defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status
date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c).
This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service
authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1).
Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
Certificate ID: BCS3YECD2022N20
THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PA
DAVID D. BUELL, PROTHONOTARY
One Courthouse Square • Suite100 • Carlisle, PA • 17013
(717) 240-6195
www.ccpa.net
Midfirst Bank
Vs. NO 14-569 Civil Term
CIVIL ACTION — LAW
Peggy J. Stoner a/k/a Peggy Joan Stoner
WRIT OF EXECUTION
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell
the following described property:
(1) See legal description.
(2) (Specifically describe personal property when judgment results from a mortgage covering
both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code)
NOTE: Description of property must be attached to the writ.
Amount Due: $45,363.50 L.L.: $.50
Interest per diem of $7.20 to sale date 12/3/2014
Atty's Comm: Due Prothy: $2.25
Atty Paid: $219.05 Other Costs:
Plaintiff Paid:
Date: 9/4/2014
(Seal)
' w
REQUESTING PARTY:
Name: Leon P. Haller, Esquire
Address: PURCELL, KRUG & HALLER
1719NorthFront Street
Harrisburg, PA 17102
Attorney for: Plaintiff
Telephone: 717-234-4178
Supreme Court ID No. 15700
David D. Buell, Prothonotary
E. 6762/2e14/-----"
Deputy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW AT NO. 14-569
MIDFIRST BANK,
PLAINTIFF
VS.
PEGGY J. STONER A/K/A PEGGY JOAN STONER,
DEFENDANT(S)
Total Judgment Amount
Interest
Per diem of $7.20 to sale
date 12/3/2014
Additional Late Charges
Escrow Deficit
$45,363.50
TOTAL WRIT
*Plus additional interest, late charges and other costs
to date of sheriff's sale.
SALE DATE: Wednesday, December 03, 2014
(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: August 29, 2014
Attorney for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
on P. Haller
PA I.D. #15700
WRIT OF EXECUTION - MORTGAGE FORECLOSURE
ONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMB
D
TO THE SHERIFF OF CUMBERLAND
To satisfy the judgment, interes
sell the property described in the a
PA 17055
Date:
SS
costs in the abov
ed description known as
.bve_
-2Lc
9' 7c,3
3/0407
tioned case, you are directed to levy upon and
C DRIVE MECHANICSBURG,
PROTHONOTARY/CLERK CIVIL
S ON
BY
DEPUTY
.10
ALL THAT CERTAIN TRACT or parcel of land situate in the Township of Upper Allen, County of
Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at an iron pipe on the northern side of Scenic Drive (20 feet wide) at the corner of lands
now or formerly of the Evangelical United Brethren Church of Shepardstown; thence crossing said
Scenic Drive and along the line of said lands now or formerly of the Evangelical United Brethren
Church of Shepardstown, South 51 degrees zero minutes East a distance of one hundred sixty four and
forty eight one -hundredths (164.48) feet to an iron pipe on the line of lands now or formerly of Richard
J. Wildman; thence along the line of said lands now or formerly of Richard J. Wildman, South 39
degrees 19 minutes West a distance of one hundred eighteen and eighty four one -hundredths (118.84)
feet to an iron pipe at a corner common to Lots Nos. 1, 2 and 3 on the hereinafter mentioned Final
Subdivision Plan; thence along the dividing line between Lots Nos. 1 and 2 on said plan, North 46
degrees 49 minutes West a distance of one hundred thirty three and forty one one -hundredths (133.41)
feet to an iron pin; thence continuing along the same, North 18 degrees 10 minutes West a distance of
eighty five (85) feet to a point on the northern side of Scenic Drive aforesaid; thence along the northern
side of Scenic Drive, North 71 degrees 50 minutes East, a distance of seventy five (75) feet to an iron
pipe, the point and place of beginning.
Containing 0.460 acres (20,069 square feet), together with improvements thereon.
Being Lot No. 2 on the Final Subdivision Plan for Edward R. Burket dated July 11, 1985 and recorded in
the Recorder of Deeds Office in and for Cumberland County, Pennsylvania in Plan Book 48, Page 48-A.
HAVING THEREON ERECTED A DWELLING KNOWN AS 313 SCENIC DRIVE
MECHANICSBURG, PA 17055
TAX PARCEL NO. 42-28-2419-0340
BEING THE SAME PREMISES WHICH Edward R. Burket and Helen M. Burket, his wife, by deed dated
09/24/85 and recorded 09/25/85 in Cumberland County Record Book 31, Page 719, granted and conveyed
unto Peggy Joan Stoner. Peggy Joan Stoner is a/k/a Peggy J. Stoner.
TO BE SOLD AS THE PROPERTY OF PEGGY J. STONER A/K/A PEGGY JOAN STONER ON
JUDGMENT NO. 14-569
MIDFIRST BANK,
VS.
PEGGY J. STONER A/K/A PEGGY JOAN STONER,
DEFENDANT(S)
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 14-569
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 313 SCENIC DRIVE MECHANICSBURG, PA 17055:
1. Name and address of the Owner(s) or Reputed Owner(s):
PEGGY J. STONER A/K/A
PEGGY JOAN STONER
542 SHALOM DRIVE
NEW OXFORD, PA 17350
PEGGY J. STONER A/K/A
PEGGY JOAN STONER
313 SCENIC DRIVE
MECHANICSBURG, PA 17055
2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1)
above: SAME
3. Name and address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
4. Name and address of last recorded holder of every mortgage of record:
PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW):
Beneficial Consumer Discount Company d/b/a
Beneficial Mortgage Co. of Pennsylvania
4910 Carlisle Pike
Suite 104
Mechanicsburg, PA 17050
5. Name and address of every other person who has any record lien on the property:
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
313 SCENIC DRIVE
MECHANICSBURG, PA 17055
(In the preceding information, where addresses could not be reasonably ascertained, the same is
indicated.)
I verify that the statements made in this Affidavit are true and correct to the best of my personal
knowledge, information and belief. I understand that false statements herein are made subject to the
penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorit
DATE: August 29, 2014
-:n P. Haller PA I.D. #15700
Purcell, Krug & Haller
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
MIDFIRST BANK,
VS.
PLAINTIFF
PEGGY J. STONER A/K/A PEGGY JOAN STONER,
DEFENDANT(S)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 14-569
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1
TAKE NOTICE:
-u3 .� _
rn nir*^-'
That the Sheriff's Sale of Real Property (real estate) will be held:.., -----E73 `0 ,
cn r" -k
-< . - r-
DATE: Wednesday, December 03, 2014 t c -r "'
M C,,7 77
r .
TIME: 10:00 O'clock A.M. ,._ c iN'
CT
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:
313 SCENIC DRIVE
MECHANICSBURG, PA 17055
THE JUDGMENT under or pursuant to which your property is being sold is docketed in the
within Commonwealth and County to:
No. 14-569 JUDGMENT AMOUNT $45,363.50
THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is:
PEGGY J. STONER A/K/A PEGGY JOAN STONER
al
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
32 South Bedford Street
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 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, PA 17102
(717) 234-4178
ALL THAT CERTAIN TRACT or parcel of land situate in the Township of Upper Allen, County of
Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at an iron pipe on the northern side of Scenic Drive (20 feet wide) at the corner of lands
now or formerly of the Evangelical United Brethren Church of Shepardstown; thence crossing said
Scenic Drive and along the line of said lands now or formerly of the Evangelical United Brethren
Church of Shepardstown, South 51 degrees zero minutes East a distance of one hundred sixty four and
forty eight one -hundredths (164.48) feet to an iron pipe on the line of lands now or formerly of Richard
J. Wildman; thence along the line of said lands now or formerly of Richard J. Wildman, South 39
degrees 19 minutes West a distance of one hundred eighteen and eighty four one -hundredths (118.84)
feet to an iron pipe at a corner common to Lots Nos. 1, 2 and 3 on the hereinafter mentioned Final
Subdivision Plan; thence along the dividing line between Lots Nos. 1 and 2 on said plan, North 46
degrees 49 minutes West a distance of one hundred thirty three and forty one one -hundredths (133.41)
feet to an iron pin; thence continuing along the same, North 18 degrees 10 minutes West a distance of
eighty five (85) feet to a point on the northern side of Scenic Drive aforesaid; thence along the northern
side of Scenic Drive, North 71 degrees 50 minutes East, a distance of seventy five (75) feet to an iron
pipe, the point and place of beginning.
Containing 0.460 acres (20,069 square feet), together with improvements thereon.
Being Lot No. 2 on the Final Subdivision Plan for Edward R. Burket dated July 11, 1985 and recorded in
the Recorder of Deeds Office in and for Cumberland County, Pennsylvania in Plan Book 48, Page 48-A.
HAVING THEREON ERECTED A DWELLING KNOWN AS 313 SCENIC DRIVE
MECHANICSBURG, PA 17055
TAX PARCEL NO. 42-28-2419-0340
BEING THE SAME PREMISES WHICH Edward R. Burket and Helen M. Burket, his wife, by deed dated
09/24/85 and recorded 09/25/85 in Cumberland County Record Book 31, Page 719, granted and conveyed
unto Peggy Joan Stoner. Peggy Joan Stoner is a/k/a Peggy J. Stoner.
TO BE SOLD AS THE PROPERTY OF PEGGY J. STONER A/K/A PEGGY JOAN STONER ON
JUDGMENT NO. 14-569
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MIDFIRST BANK CIVIL DIVISION
CASE NO. 14-569
Plaintiff
VS.
PEGGY J. STONER A/K/A PEGGY JOAN STONER,
Defendant
NOTICE OF THE DATE OF CONTINUED SHERIFF SALE
C.=
IN)
THE SHERIFF'S SALE SCHDULED FOR DECEMBER 3, 2014 @10:00 AM IN THE ABOVE CAPTIONED
MATTER HAS BEEN CONTINUED TO FEBRUARY 4, 2015 @ 10:00 AM
DATE: November 21, 2014
B
AttordeiLeon P. aller----
PURCELL KRUG & HALLER
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
Attorney ID #15700
MIDFIRST BANK
VS.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CASE NO. 14-569
Plaintiff
PEGGY J. STONER A/K/A PEGGY JOAN
STONER,
Defendant
NOTICE OF THE DATE OF CONTINUED SHERIFF SALE
THE SHERIFF'S SALE SCHDULED FOR DECEMBER 3, 2014 @10:00 AM IN THE ABOVE CAPTIONED
MATTER HAS BEEN CONTINUED TO JANUARY 7, 2015 @ 10:00 AM
DATE: December 2, 2014
Attorney Leon P. Haller
PURCELL KRUG & HALLER
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
Attorney ID #15700
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
MIDFIRST BANK CIVIL DIVISION
CASE NO. 14-569
Plaintiff
vs.
PEGGY J. STONER A/K/A PEGGY JOAN
STONER,
Defendant
NOTICE OF THE DATE OF CONTINUED SHERIFF SALE
THE SHERIFF'S SALE SCHDULED FOR JANUARY 7, 2015 @10:00 AM IN THE ABOVE CAPTIONED
MATTER HAS BEEN CONTINUED TO FEBRUARY 4, 2014 @ 10:00 AM
DATE: January 6, 2015
BY
Attorney Leon P. Haller
PURCELL KRUG & HALLER
1719 North Front Street
Harrisburg, PA 17102
(717)234-4178
Attorney ID#15700