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HomeMy WebLinkAbout05-1518 Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 717.234.4178 mtg@pkh.com ~ _. J ..Je.JVVv--.. O.5---~ I...'; If ~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDFIRST BANK vs. CIVIL ACTION - LAW JOHN E. MAURER AND CAROL L. MAURER ACTION OF MORTGAGE FORECLOSURE Defendants THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CARLISLE, PA 17013 717-249-3166 A VISO 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. 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA. EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUlR 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 EST A DEMANDA A UN ABOGADO IMMEDIA TEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (2 J 5) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PAl 70 I3 717-249-3166 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MIDFIRST BANK, vs. JOHN E. MAURER AND CAROL L. MAURER, 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 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 ofthis 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 JOHN E. MAURER AND CAROL L. MAURER, ACTION OF MORTGAGE FORECLOSURE Defendants COMPLAINT IN MORTGAGE FORECLOSURE I. Plaintiff is MIDFIRST BANK, a corporation whose address is 999 N.W. GRAND BOULEVARD SUITE 100 OKLAHOMA CITY, OK 73118 . 2. Defendants, JOHN E. MAURER AND CAROL L. MAURER, are adult individuals whose last known address is 3541 MARCH DRIVE CAMP HILL, PA 17011. 3. On or about, May 30, 1986, the said Defendants executed and delivered a Mortgage Note in the sum of $54,200.00 payable to GMAC MORTGAGE CORPORATION OF P A, 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 ofthe 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 817, Page 176 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to SOURCE ONE MORTGAGE SERVICES CORPORATION and was recorded in the aforesaid County in Mortgage Book 436, Page 478. The Mortgage was subsequently assigned to NATIONSBANC MORTGAGE CORPORATION and was recorded in the aforesaid County in Mortgage Book 503, Page 660. The Mortgage was subsequently assigned to MIDFIRST BANK and was recorded in the aforesaid County in Mortgage Book 599, Page 998. Said Mortgage and Assignments is incorporated herein by reference. 5. The land subject to the Mortgage is: 3541 MARCH DRIVE CAMP HILL, PAl 7011 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 November 01,2004 and all subsequent installments thereon, and the following amounts are due on the Mortgage: Interest at $9.95 per day From 10/01/2004 To 04/01/2005 (based on contract rate of9.5000%) $38,211.00 $1,810.90 UNPAID PRINCIPAL BALANCE Accumulated Late Charges Late Charges $18.23 From 11/01/2004 to 04/01/2005 $124.89 $91.15 Escrow Credit ($316.74) Attorney's Fee at 5% of Principal Balance TOTAL $1,910.55 $41,831.75 * * Together with interest at the per diem rate noted above after April 01, 2005 and other charges and costs to date of Sheriffs Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. 1fthe 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 oflntention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No.6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act No. 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 9.5000% ($9.95 per diem), together with other charges and costs including escrow advances incidental thereto to the date of eriffs Sale and for foreclosure and sale of the property within described. By: PURCELL,KRUG HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, P A 17\02 (717-234-4178) .~-t~ '" ,.-.( ......, VA FIOfm lo-ft336a (Home. Loan) Revise,1 Marcll 1978. Use Op- tional Section 1810 Title 38. U.S.C'. A.:ceptable to f'edctal'Na. liona! Mortlage Association. PENNSYLVANIA MORTGAGE NOTE --'. ; Camp Hill <HtMC tNH: 409&78503 FOR VALUE RECEIVED, the undersigned,' ...: ...... - .:.:: Pe~syhania. 54,200.00 . MAY 30 . 19 86 John B. Maurer Carol L. Maurer , hereinafter called the Maker, promises to pay to " .' ,;'.GMAC MORTGAGE CORPORATION OF PA a corporation organized and existing under the laws of the state of Pennsylvania hcr~1J1after designated as the Payee, the principal sum of FIFTY FOUR THOUSAND TIlO HUNDRED nnd 0/100 Dollars (S 54,200.00 ). witn interest from date at the rate of NINE AND ONE HALF per cen. tum ( 9.500 %) per annum on the unpaid balance until paid. The said principal and interest shall be payable at the office of 7320 Old York Road, Philadelphia, PA 19126 in al or ~L.ch place as the holder may designate in writing in monthly installments of nYR HUNDRED FtFTY FIVE and 74/100 Dollars ($ 455.74), commencing on the Imt day of JulV. ~986 .IRxxx ,and on the first day of each month there.after until the principal and int~rest are fully paid, eXI~pt that the final payment of the entire indebtedness evidenced hereby, if not sOOner paid, shall~. d~e and pa.yable on the flrst day of June 2016 . or order, Privilege is reserved to prepay at an)Ltjme, with"O~t premium or fee, the entire llldebtedness or any part ther'~of not lesS" than the amount .of.op~ .ir.stallment, or One Hundred Dollars (SIOO,OO), whichever is less. Prepayment in fuU'shall be credited on"the date received. Partial prepayment, other than on an installment due d.ate, need not be credited until the ncxt:folloY'ing installment due date or thirty days after such pre- payment, whichever is earlier. ' ." ( l ." - Simultan~sly_\\'ith the ext'c.uUml of thl:; Note the Mak~l' hns cx~uted and delivered to the Payee a Mortgngc secured upon certain plf'mbeS' .Sltu1\t~d in the Count.... of Cumberland ' Commonwealth of 'Penns'lva~ia: mt1]"t particularly described ill the Mortgage. All of the terms, cove. nants, provisions. conditions,'.stipulationr;:and agreements rontained ill Mid Mortgage to be kept and performed by the Maker are hE:reb)" mane a pnl't of thi~ Note to the samt! exti!nt :md with the same fo:;-.:e and effect as if the)' \':f'rc fuil)' fct forth hl:'l'eir.. nnd the Maker t:o\"enauts and agrees to perform th.~ t;ame, or cause the- Same- to h~ kept lIOn pf'rrorn~ed, Rtl'ictl), in accordant'e with the terms llnd pro- visions thereof. The whole. of_ the princiJ.lul sum 01' anr pHrt thereof, and of any other gums of money pecured by the Mortgage gi\'cu to seeure this Note, shall. forthwith, at th('- optiOtl of tht. Pll}'ee or anr subsequent holder thereof, become due and parable jmmt'dilltely, without I!olice OJ" demand. jf default bE' made in an) paym(,llt under this Note, and if thE' default. i~ not. made good prior to the due date or the next such installment; 01' upon the hllppening of fillY df'fl\ult which, by the terms of the MOl'tgal5e given to sec-Jre this Note. shEtH entitle the Payee, or an,)' ~ubseque:-nt holder beteot, to d'-!cJlil'e the same, or any palt thereot, to be due and paYllble. The Ma.ker dO{'s hcr~b)' empower any attorney of any f.'O.II.t of recol'd w:thin the l~nited States or elsewhel""e to appear for Mnker, with or without a declaration n1C'd. and cOllfef'.s judgment or judg- me:.lts against said Makel' in favor of the Payee or any sub~equent holder hereof, R!{ of any term, f01" the entire unpaid principal of thil; Note. and nil other !\ums paid by the holdei' hen!Of to or on behalf of the Maker pUJ'suant to thE' terms of this Note or said Mortgage. and all <In-enrages of i1.terest there- on, togeth<er with costs of suit, attorney's commission of Flu: ~, for ('ollection, and a. :r(~lease of all errors, on which judgment execution OJ' execuUons may issue forthwith. The Maker hereby waives the right of inquisition on all propert). levied upon to collect the indebtednes~ e,..idenced hereby and dOtl!l volulltarily condemn. thE' Sflrnc and authorizes the Prothonotary to enter :mrh condemnation, and waives and releases all laws, now in force or hereafter enadf'd, relating to e;(cmption, appraisement or ;,tay of execution. The agreements herein crmtnined shall bind, ar.d the benefits and advantage~ shaH inure to, the rE:spective Sllccessor~ and as~igns of the parties hereto. Wherever UllCll, the singular number shall in- elude the plural, the plural the singular, and the use of any gE!ndE.'r shall be applicablc UI all genders. IN WITNESS WHERF..OF, the Maker has caused these presents to be executed under seal the day and ~~;:e:~s~~:e ~::t~~l;vered ~/~.nuuuu uun.(SEAL) ;t Presence of: .~a . . ot4nu'~~(~~~'<-~'u. u:u~:::~: (~(~~:;.;,A~====-_==_=~..m____~=_=,:.,." ~_'_=__~= '~;'..;nn.~.~~n (SEAL) THINs To CERTIFY that this is t}le ~<!t~. ~~s~J~~ed ~ ~nd secured by Mo~tir~'ge of even date he~e- with secured on real estate situate in o.1.flUJ-.VL1JJ..flf.l-J County, Commonwealth of PennsyJvarua. VAl~~,~~'~~g.~ ./-.!/a,,/,).AyJ"!.Jtt:~~'1~..u (052) ~l CO:.' ,;S:.:< ""IRES~:;VY ~~:El9:u'b:j "II It"'" """i<. . <;loIMu_.""," wwU . I '""-= .......:::!.....:.1!,...........111 ...-,.'~""__4r..".....__.__,_._.......""'...,_ ., ""' 1110;'_ ".-.,. :~~.""......._- --- - - .IilI\ \"'- - WITHOut RECOURSE PAY TO THE ORDER OF GMAC ~ . . Sou't'l'e On (GLE CORPORATION OF. PA .. - . e Morlgng\! Sm-vi..a Corp. ASsistant Secretary Ptl.\' iC ...;~ ,.~ _ 1II\I\m'\'~\I\I\I'\I\II\\1 80500\$2~ I \$4?4Q06Ct to ~.ltllfO.iI.'8~lb1mlIlIlr..,..~4lItll --_.~ \\.;.t.~(~~ ";;~; ~6.,Tj:;,::-~ ~.~~::!~ocp. BY- .~'.i<."';~~'~ ~ 1'/>.'/tO~(ll\~ ~~ -- - :.::.----: ~ ~~. ~ECIJlI'IE 'lICE ~ WITHOUT RECOURSE PAY TO THE ORDER OF: FROM MIOl'lAS I BANK av:JjJtwt~ VICE RESIDENT IlETTE J. GARVER -- - ~ NOTE ENDORSEMENT ALLONGE POOL#: FHLMC 327 LOAN#: 42582885 LOAN AMOUNT: 54200,00 BORROWER'S NAME: JOHN E MAURER PROPERTY ADDRESS: 3541 MARCH DR CAMPHll..L,PA 17011-5011 Pay to the order of with recourse this 1 st day of January, 2003 MIDFlRST BANK. r~d.('d 1; /) C~il(U' Natalie D. Jones, Vice President .-. A.' "..-...., ,- .,,,- ........_ ~......-..._"-=---_....__."...,....""w_"..._....,_,'....~~___.._...--......,..'..~rI......,, .......,...,.!'.,~...._......-...__.........__"."""...,.. Jll.L 711"" CERTAIN piece or P"~c:el or llln11, .ltuate In .tho Il<>ruUCJh or Co",!, lIill, ro"""rly Kompd.n 1O>....3hlp. Cumberland County, p~nnsyl.anla, "",rc p.lrth:ulac1y h;:;Iundcd ~nd d~~cclbed 8.& loJ1O\JS, to "it; 8~1~ItlG at a point on t~u SOUthern Dic~ of ~cch Dtivc, ~lch polnt 19 .ot tflfo:. dividing 11D8s ot lDts ~rrd 127 and 128 on tho hereilla(ter mentioned ~l~r. of Lot~:~ thence South 41 degree~ 26 mlnu~~~ Ea~~ ~long fiaid dividll~ liut ~ di,sl.ance o( 102.98 fiC'C'c l-o OIl point at 1.:.:Jd3 now or_ 14tC! of Cam;> Hill ~ultr corpor~tiQn= ~henc. ~cth Sl dcq~~ea 40 ~inutes EaSt alon9 atorCQCnlS~~ Hl:Hct.. of CaDi) Hill pc<:!lt.y Cocpor&:lt.ion. a d.l6lallce of 10.10 {eet. to " poillt o::.t (hI:::' divi:510tl U,,<!: or t,or.s: nWfll.j(,:t'c:d 12U and 129 on ::.aid "Ion: thotlel.:' N'oC"th 41 d(l:JC4.'Cs 26 rnil\ute:s West 410ng :;..)~d divi!;.ic..11 line .i!I dist{,nc;C' 01 10fJ_7l [(Jel (0 u point on t.he Southerly 6ide of t1CJ(~h O'[ivc: tnc.ncC' $o':Jth 4lJ ~'"Y['''''e$ 34 lI.inLlt.-c~ "~t:~t .along rtarc:h Dri'\l~ .a Qi5t~nce of 10 .!eet to II ~lnl:._ the p141lc<,: o( hEGll;~ilNG, ~~]~G Lot No. ~2B, alock F, Scc~ion 2. Plan ol lo~ o( ~Lir~J~ VilJ~~cl tL~OC~~ in ar~ to~ [he County of CUmberland in Plan Book 9, pdge 12. fJ<h;bi1 "8" .. . I' 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 ''-:\ \ \ \ G .-:) (1 [\ By ,~,>\~~ '. Title \J ~' \:=:~rU:. i-~\.()\..cd, \. * . ~f'\ - ....... to ()' 'r G"- '" ...... ~ w "- '- "b ~ J\ g ~::: ~:;~,~;'~': 7'" ;?: L ~~~ ~"',:~ ~:'-~ "2: () ~:::.() ,. ( z :.2 ~ ~ " , I. ~ ~ 1.7'';;'> cJ' ~ ;; r-:> r-:> ~ '-P. t.n 0) q, ~-r, ':';,b~ -:o::=( ~~::?" V\.' ',", ':7- t)\ .-4 ,. ~~ SHERIFF'S RETURN - REGULAR CASE NO: 2005-01518 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIDFIRST BANK VS MAURER JOHN E ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MAURER JOHN E t e DEFENDANT , at 1821:00 HOURS, on the 29th day of March , 2005 at 3541 MARCH DRIVE CAMP HILL, PA 17011 by handing to JOHN MAURER a true and attested copy of COMPLAINT - MORT FORE together ith and at the same time directing His attention to the contents th reof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 10.36 .00 10.00 .00 38.36 So Answers: -?'>--;;;f::~::;~J::":';'C: "#-.1 R. Thomas Kline 03/31/2005 PURCELL KRUG HALLER Sworn and Subscribed to before i ~~ day of I 0:) By: / Depu tJv-- J Sheriff , SHERIFF'S RETURN - REGULAR CASE NO: 2005-01518 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIDFIRST BANK VS MAURER JOHN E ET AL BRYAN WARD Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MAURER CAROL L t e DEFENDANT , at 1821:00 HOURS, on the 29th day of March 2005 at 3541 MARCH DRIVE CAMP HILL, PA 17011 by handing to JOHN MAURER, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together ith and at the same time directing His attention to the contents th reof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ..,//" ,.~ 7';.y~{",f':,.: ( "~,, ,1_..;-:,7' /."...,.:.<:......".-~:...r.: R. Thomas Kline 03/31/2005 PURCELL KRUG HALLER Sworn and Subscribed to before By: ~ me this of A.D, ..~ SHERIFF'S RETURN - OUT OF COUNTY , CASE NO: 2005-01518 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIDFIRST BANK VS MAURER JOHN E ET AL R. Thomas Kline , Sheriff or Deputy Sheriff wh being duly sworn according to law, says, that he made a diligent sea ch and and inquiry for the within named DEFENDANT , to wit: MAURER JOHN E but was unable to locate Him in his bailiwick. He therefo e deputized the sheriff of DAUPHIN County, Pennsylvan a, to serve the within COMPLAINT - MORT FORE On March 31st , 2005 , this office was in receipt of t e attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin County Postage 6.00 9.00 10.00 30.00 .37 55.37 03/31/2005 PURCELL KRUG So answ,::r-s: /"~? /' A ~c~,/ R. Thomas Kline Sheriff of Cumberland County HALLER Sworn and subscribed to before me this (~~ day of -A K t rIM\) ~1 he The Court of Common Pleas of Cumberland County, Pen as ylvania Midfirst Bank VS. John E. Maurer No. 05-1518 civi 1 OW, March 23, 2005 , I, SHERlFF OF CUMBERLAND COUNT t, PA,do reby deputize the Sheriff of Dauphin County to execute thi~ V, Trit, this putation being made at the request and risk ofthe Plaintiff. ~~ ~/' ~ ,- >r',.,~( .. -'~'''-'". '#""/ /. .- ......?~...,,-,.,el~>~. _-r ",:::--'~~R F ~.i- ..~ ... Sheriff of Cumberland County, , Affidavit of Service W, ,20_, at 0' clock M. se "\led the thin on handing to copy of the original d made known to the contents ther e f. So answers, Sheriff of Cou nt:,PA COSTS om and subscribed before SERVICE $ this _ day of ,20 - MILEAGE AFFIDAVIT $ . In N de No WI up at by a an Sw me @ffice of tlp~ ~4criff William T. Tully Solicitor J. Daniel Basile Chief D puty Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chi f Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania MIDFIRST BANK vs County of Dauphin MAURER JOHN (PERSONAL SERVICE NLY) Sheriff's Return No. 0529-T - -2005 OTHER COUNTY NO. 05-1518 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for MAURER JOHN (PERSONAL SERVICE ONLY) the DEFENDANT named in the within MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, March 25, 2005 PER HELEN MAURER WIFE OF JOHN DEFT IS 78 YEARS OLD, DOES NOT HAVE A MORTGAGE, NEVER LIVED IN CAMP HILL AND DOES NOT KNOWN A CAROL L MAU ER Sworn and subscribed to So Answers, JR~ before me this 29TH day of MARCH, 2005 Sheriff of Dauphin County, Pa. ~r;1J~ By NOTARIAL SEAL MARY JANE SNYDER, Notary Puhlic Highspirc, Daupl11n County My Commission Expires Sept 1, 2006 Deputy Sheriff Sheriff's Costs:$30.00 PD 03/24/ 005 RCPT NO 205217 MlDFIRST BANK, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW VS. NO. 2005-01518 JOHN E. MAURER CAROL L. MAURER, DEFENDANT(S) IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS: You are hereby notified that on ?p.o 1<:>,>"- the following judgment has been entered against you in the above-captioned matter: $41,831. 75 and for the sale and foreclosure of your property located at: 3541 MARCH DRIVE CAMP HILL, PA 17011 Dated: June 15,2005 Attorney for Plaintiff: Leon P. Haller 1719 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4178 I hereby certify that the following person(s) and their respective addresses are the proper individuals to receive this Notice pursuant to P A R.C.P. No. 236 JOHN E. MAURER 3541 MARCH DRNE CAMP HILL, PA 17011 CAROL L. MAURER 3541 MARCH DRNE CAMP HILL, PA 17011 PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MIDFIRST BANK, VS. CIVIL ACTION LAW JOHN E. MAURER CAROL L. MAURER, NO. 2005-01518 DEFENDANT(S) MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant( s) JOHN E. MAURER AND CAROL L. MAURER for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiffs damages as follows: Unpaid Principal Balance Interest Per diem of$9.95 From 10/0112004 To 04/0112005 Accumulated Late Charges Late Charges ($18.23 per month to 04/0112005) Escrow Deficit $38,211.00 $1,810.90 $124.89 $91.15 $316.74 5% Attorney's Commission TOTAL $1,910.55 $41,831.75 **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. By PURCELL, KRUG & HAL aller PA LD. # 15700 North Front Street arrisburg, P A 17102 (717) 234-4178 ~ l ~ ~\\ - -- If' ~ v ...C) ~ l;' u ...... -c' ~ ~ ~ ~1A,- \ o ~-~.; :;; ~ r-> = = "'"' ,- s; 1') CO o -n .-1 ::c .,.~ rl1pl :q C!J .'..''-.) ,"") .L '::---1 C) 2~t4 :~rn ~ ~ -< "" ::;;: r;y U1 PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MIDFIRST BANK, Vs. CNIL ACTION LAW NO. 2005-01518 JOHN E. MAURER CAROL L. MAURER, IN MORTGAGE FORECLOSURE DEFENDANT(S) CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on April 21, 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 attached Notice. By Leon P. PA LD. # 15700 Attome or 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. 2005-01518 JOHN E. MAURER AND CAROL L. MAURER Defendants CIVIL ACTION LAW IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: April 21, 2005 TO: JOHN E. MAURER 3541 MARCH DRIVE CAMP HILL, PA 170ll CAROL L. MAURER 3541 MARCH DRIVE CAMP HILL, P A 170 II TffiS 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 WRITIEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 '- . ~Y. LEON P. R, Attorney for Plaintiff LD. # 1570 1719N. Front St., Harrisburg, PA 17102 (71 7) 234-4178 ,..> = ~ <- C'. ~':"~ L~:': "7 ::'1 -<. . N c::> ~ .-\ :t>n r"C -.-.1'",.., ''''9 /~(-, .~ -' "':'':".~1 <?t~, ',,;'rf, '~, .~ :=< -a ~. r:-? cfl - PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MIDFIRST BANK, VS. CIV1L ACTION LAW NO. 2005-01518 JOHN E. MAURER CAROL L. MAURER, 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 Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed /' before me this /.1i- day : Of~20-2j: LE , " NOTARIAL SEAL MARYLAND K FERREITI, Notary Public ~ow;r Paxton Twp., Dauphin County y omm:sslon E es Aug. 8. 2006 .--> "'" = ~, ~ N co -c -' -""' o "'n :;i."" rnr:: ",.",..q ~D:r '~~_S\ ~~S ~~A ~ -r:"" ~~ I);' ef\ N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2005-01518 MlDFIRST BANK, DEFENDANT(S) Total Judgment Amount Interest Per diem of$9.95 to sale date 12/7/2005 Late Charges $18.23 per month to sale date 12/7/2005 Escrow Deficit $41,831.75 $2,437.75 PLAINTIFF VS. $127.6] JOHN E. MAURER CAROL L. MAURER, $2,000.00 TOTAL WRIT $46,397.11 'Plus additional interest, late charges and other costs to date of sherifCs sale. SALE DATE: Wednesday, December 07, 2005 (PROTHONOTARY'S USE) Pltf. Paid Deft. Paid Due ProthlClerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned . Haller I.D. #15700 Date: June 15,2005 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 levy upon and sell the property described in the attached description known as 3541 MARCH DRIVE, CAMP HILL, PA 17011 Date: (Pl.,;..o ( as"- ::=;:=Y/~mlON DEP TY ~ -- ~ ~ () - ~ ~-;:.~~~ ; ~ - ~ , ~\~ \~ \b ...:i u 1;':;. \ ~ ~ ~~ {\ ~ '- - \r iU \ ...& ' ~ \ ~ V \ f; 6' '- '-" ~ = c? "-" :1...,., (,.... s 0'r" ~- -alii ~ :DC( 0 00 '::::;:}":"r, -0 _,_~"n -:>' r;':~(~ -~ ;-;;)Ct1 f:? '::::4 ""J:> ""1 en ?l --'. f'J - ALL TllAT CERTAIN piece or patce1 of land, situate in the Borough of Camp Hill, formerly Hampden Township, CUmberland County, pennsylvania, more particularly bounded and described as follows, to wit: BEXlINNING at a point on the Southern side of March Drive, whiCh point is at the dividing lines of lots numbered 127 and 128 on the hereinafter mentioned Plan of Lots: thence South 41 degrees 26 minutes East along said dividing line a distance of 102.98 feet to a point at lands now or late of Camp Hill Realty corporation; thence North 51 degrees 40 minutes East along aforementioned lands of Camp I\ill Realty Corporation, a distance of 70.10 fE,et to a point at the division line of Lots numbered 128 and 129 on said Plan: thence North 41 degrees 26 minutes West along said division line a distance of 106.77 feet to a point on the Southerly side of March Drive; thence South 48 degrees 34 minutes West along March Drive a distance of 70 feet to a point, the place of BEGINNING. BEING Lot No. 128, Block F, Section 2, Plan of lots of Trindle Village, recorded in and for the County of CUaberland in Plan Book 9, page 12. HA VlNG THEREON ERECTED A DWELLING KNOWN AS 3541 MARCH DRNE, CAMP HILL, PA17011 BEING THE SAME PREMISES WHICH Samuel H. Kim by deed dated 5/30/86 and recorded 6/4/86 in Deed Book "X", Volume 31, Page 903, granted and conveyed unto John E. Maurer and Carol L. Maurer. TO BE SOLD AS THE PROPERTY OF JOHN E. MAURER AND CAROL L. MAURER ON JUDGMENT NO. 2005-01518 ASSESSMENT NO. 01-22-0531-072 , PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MlDFIRST BANK, VS. CIVIL ACTION LAW NO. 2005-01518 JOHN E. MAURER CAROL L. MAURER, DEFENDANT(S) IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 3541 MARCH DRIVE CAMP HILL, PA 17011: 1. Name and address of the Owner(s) or Reputed Owner(s): JOHN E. MAURER 3541 MARCH DRIVE CAMP HILL, PA 17011 CAROL L. MAURER 3541 MARCH DRIVE CAMP HILL, PA 17011 2. Name and address ofDefendant(s) in the Judgment, if different from that listed. in (I) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN Keystone Fuel Oil P. O. Box 157 CampHill,PA 17011 Keystone Fuel Oil c/o Matthew J. Eshelman, Esquire 2109 Market Street Camp Hill, PA 17011 4. Name and address oflast recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): M & T Bank f/k1a Dauphin Deposit Bank & Trust Company P. O. Box 4800 Harrisburg, P A 17111 M & T Bank 3805 Trindle Road Camp Hill, P A 17011 Allfirst Bank 28 South Charles Street Baltimore, MD 21201 Allfirst Bank 3045 Market Street Camp Hill, P A 17011 Pennsylvania Housing Finance Agency 211 North Front Street Harrisburg, PA 17101 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 3541 MARCH DRIVE CAMPHILL,PA 17011 (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 PAC,S. Section 4904 relating to unsworn falsification to authorities. J.D. #15700 Puree, g & Haller 171 orth Front Street Hanisburg, PA 17102 (717) 234-4178 DATE:June 15, 2005 ::'} ( -7 =1 -< , "" ~~~ '-'" (- ~;:: .....:: o ,., :T! fTl:IJ r' -Om :-:.uO CJ 1 '.:I(J ,~m :-'-1 ~3;j .< f',) o :? ....... 1';,) en w .- PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA MIDFIRST BANK, VS. CIVIL ACTION LAW NO. 2005-01518 JOHN E. MAURER CAROL L. MAURER, 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, December 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 ofthe property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION A TT ACHED) THE LOCATION of your property to be sold is: 3541 MARCH DRIVE CAMP HILL, P A 17011 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2005-01518 JUDGMENT AMOUNT $41,831.75 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: JOHN E. MAURER and CAROL L. MAURER A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty A venue 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 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 Hanisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN piece or pucel of land, situate in the Borough of Camp Bill, formerly Bampden Township, Cumberland county, Pennsylvania, more particularly bounded and described as follows, to ",it: BEGINNING at a point on the Southern side of Mar-ch Drive, which point is at the dividing lines of lots numbered 127 and 128 on the hereinafter mentioned Plan of Lots; thence South 41 degrees 25 minutes East along 8aid diViding line a distance of 102.98 feet to a point at l~lds now or late of Camp Hill Realty corporation; thence North 51 degrees 40 minutes East along aforementioned lands of Camp Hill Raalty Corporation, a distance of 70.10 fE,et to a point at the diVision line of Lots numbered 128 and 129 on said Plan; thance North 41 degrees 26 minutes West along said division line a distance of 106.77 feet to a point on the Southerly side of March Drive; thence South 48 degrees 34 minutes West along March Drive a distance of 70 feet to a point, the place of BEGINNING. BEING Lot No. 128, Block F, Section 2, Plan of lots of Trindle Village, recorded in and for the County of CUllOerland in Plan Book 9, page 12. HA VlNG THEREON ERECTED A DWELLING KNOWN AS 3541 MARCH DRNE, CAMP HILL, PA 17011 BEING THE SAME PREMISES WHICH Samuel H. Kim by deed dated 5/30/86 and recorded 6/4/86 in Deed Book "X", Volume 31, Page 903, granted and conveyed unto John E. Maurer and Carol 1. Maurer. TO BE SOLD AS THE PROPERTY OF JOHN E. MAURER AND CAROL 1. MAURER ON JUDGMENT NO. 2005-01518 ASSESSMENT NO. 01-22-0531-072 n ~.~; r-.. , z -<~' ...., = = c.n (- S 1'-) C> o -n ::T!"T1 rl1-- , -om :uo 01 .---1 e) ;;]",::r, ~~j (') [Srn ~ '-0 ::< ""D ~ r:-? (J1 (,o) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDFIRST BANK Plaintiff (s) From JOHN E. MAURER AND CAROL L. MAURER @ 3541 MARCH DRIVE, CAMP HILL, PA 17011 NO 05-1518 Civil CIVIL ACTION - LAW (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) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a narned garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $41,831.75 L.L..50 Interest $2,437.75, PER DIEM OF $9.95 TO SALE DATE un /2005 LATE CHARGES $127.61 AND $18.23 PER MONTH TO SALE DATE 12nt2005, ESCROW DEFICIT $2,000.00 Atty's Corom % Due Prothy $1.00 Ally Paid $ 191.23 Other Costs Plaintiff Paid Date: 6/20/05 CURTIS R. LONG (Seal) By: Deputy REQUESTING PARTY: Name LEON P. HALLER Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: (717) 2344178 Supreme Court ID No. 15700 Midfirst Bank VS John E. Maurer and Carol L. Maurer In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-1518 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is retumed STAYED per instructions from Attorney Leon Haller. Sheriffs Costs: Docketing Poundage Advertising Levy Surcharge Law Library Prothonotary Share of Bills 30.00 2.25 15.00 15.00 30.00 .50 1.00 20.89 $114.64 Sworn and subscribed to before me 2005, A.D. j ~(~d , R. Thomas Kline, Sheriff BY ,J6cit; f~ Real Estatd Deputy )S~ u.... ,,>') ?t 'I cGv /10 fY;z., t ! PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MIDFIRST BANK, YS. CIVIL ACTION LAW DEFENDANT(S) NO. 2005-01518 JOHN E. MAURER CAROL L. MAURER, 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 3541 MARCH DRIVE CAMP HILL, PA 17011: 1. Name and address of the Owner(s) or Reputed Owner(s): JOHN E. MAURER 3541 MARCH DRIVE CAMP HILL, PA 17011 CAROL L. MAURER 3541 MARCH DRNE CAMP HILL, PA 17011 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 recor?-pel\;::<f1 t~~ real property to be sold: UNKNOWN (": :;:;:; -h <_ -l .~~~ ff1 ~ n-: C1 , (~) , ._;-j :-;2 2~:~ ~:-:-)rn -I ?D .-< Keystone Fuel Oil P. O. Box 157 Camp Hill, PA 17011 1',) C) -' Keystone Fuel Oil c/o Matthew J. Eshelman, Esquire 2109 Market Street Camp Hill, PA 17011 1".) (}l (.oj 4. Name and address oflast recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): . M & T Bank f/kla Dauphin Deposit Bank & Trust Company P. O. Box 4800 Harrisburg, P A 17111 M & T Bank 3805 Trindle Road Camp Hill, PA 17011 Allfirst Bank 28 South Charles Street Baltimore, MD 21201 All first Bank 3045 Market Street Camp Hill, P A 17011 Pennsylvania Housing Finance Agency 211 North Front Street Harrisburg, PAl 71 0 1 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, P A 17013 TENANT/OCCUPANT 3541 MARCH DRNE CAMP HILL, PA 17011 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated. ) f I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 P A C.S. Section 4904 relating to unsworn falsification to authorities. LD. #15700 Puree, g & Haller 171 orth Front Street Harrisburg, PAl 7102 (717) 234-4178 DATE:June 15,2005 " .. PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA MlDFIRST BANK, VS. CIVIL ACTION LAW NO. 2005-01518 JOHN E. MAURER CAROL L. MAURER, DEFENDANT(S) IN MORTGAGE FORECLOSURE That the Sheriffs Sale of Real Property (real estate) will be held: n ....., 0 <= c = -n <-" ,- --l l"-:' :r:-n S rl1p ...'~ ..,.....,m ", -nO CJ ~~~J "'" ::::;;-\1 l;~~ c'"5 -~,. (Srn N -", c.n ?D ""^' "< NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: DATE: Wednesday, December 07, 2005 TIl\1E : 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION A TT ACHED) THE LOCATION of your property to be sold is: 3541 MARCH DRIVE CAMP HILL, P A 17011 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2005-01518 JUDGMENT AMOUNT $41,831.75 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: JOHN E. MAURER and CAROL L. MAURER A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file 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 Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, P A 171 02 (717) 234-4178 l\L~ TllAT CERTAIN piece or parcel of land, situate in the Borough of Camp Hill, formerly Hampden TOwnship, Cumberland County, pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Southern side of Ma!:"ch Drive, Io'hich point is at the dividing lines of lots numbered 127 and 128 on the hereinafter mentioned Plan of Lots; thence South 41 degrees 26 minutes East along said dividing line a distance of 102.98 feet to a point at l~~ now or late of Camp Hill Realty corporation; thence North 51 degrees 40 minutes East along aforementioned lands of Camp I\ill Realty Corporation, a distance of 70.10 fE!et to a point at the division line of Lots numbered 128 and 129 on said plcm; thence North 41 degrees 26 minutes West along said division line a distance of 106.77 feet to a point on the Southerly side of March Drive; thence South 48 degrees 34 minutes West along March Drive a distance of 70 feet to a point, the place of BEGINNING. BEING Lot No. 128, Block F, Section 2, Plan of lots of Trindle Village, recorded in and for the county of CUaberland in Plan Boo); 9, page 12. HAVING THEREON ERECTED A DWELLING KNOWN AS 3541 MARCH DRlVE, CAMP HILL, PA 17011 BEING THE SAME PREMISES WHICH Samuel H. Kim by deed dated 5/30/86 and recorded 6/4/86 in Deed Book "X", Volume 31, Page 903, granted and conveyed unto John E. Maurer and Carol L. Maurer. TO BE SOLD AS THE PROPERTY OF JOHN E. MAURER AND CAROL L. MAURER ON JUDGMENT NO. 2005-01518 ASSESSMENT NO. 01-22-0531-072 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSY,L VANIA) COUNTY OF CUMBERLAND) NO 05-1518 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDFIRST BANK Plaintiff (s) From JOHN E. MAURER AND CAROL L. MAURER @ 3541 MARCH DRIVE, CAMP HILL, P A 17011 (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) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee. you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $41,831.75 L.L..50 Interest $2,437.75, PER DIEM OF $9.95 TO SALE DA TE 12n/2005 LATE CHARGES $127.61 AND $18.23 PER MONTH TO SALE DA TE 12n/2005, ESCROW DEFICIT $2,000.00 Atty's Comm % Due Prothy $1.00 Atty Paid $ 191.23 Plaintiff Paid Other Costs Date: 6/20/05 CURTIS R. LONG (Seal) By: Deputy REQUESTING PARTY: Name LEON P. HALLER Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: (717) 2344178 Supreme Court ID No. 15700 Real Estate Sale #10 On September 01, 2005 the Sherifflevied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, PA Known and numbered as 3541 March Drive, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 01,2005 ByJoc0Jrnd~ Real Estate Sergeant (i!!!I. " cu;J Cj@ c:::=:J @ GW L 0 : II 't;j I Z Nnr ~DOl '.r ". ,Ui Leon P. Haller Purcell, Krug & Haller 1719 N. Front Street Harrisburg, PA 17102-2392 (717) 234-4178 Ihaller@~kh.com Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW MIDFIRST BANK, VS. NO. 2005- 01518 JOHN E. MAURER AND CAROL L. MAURER, Defendants IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PROTHONOTARY: Please mark the judgment entered against the Defendant satisfied of record, because the mortgage has been reinstated and the default cured. PURCELL, KRUG & HALLER B~ 'Leon . Haller ID #15700 Attorney for Plaintiff DATE: June 14. 2006 c-' C::J ..:,~ ':0 s ~-"' - 0' C) -n --\ :,C-n i~?~, -0 ~"~ (-!(-) .-en ~-) :;.-\ "C" ':Q '-:~ 0)