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HomeMy WebLinkAbout05-4328 Leon P. Haller, Esquire Purcell, Krug & Haller J719North Front Street Harrisburg, P A 17102 717.234.4178 mtg@pkh.com Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDFIRST BANK vs. CIVIL ACTION - LAW WILLIAM C. SAXTON ACTION OF MORTGAGE FORECLOSURE Defendant t15'- L/3,;)g dJ 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 offor any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 A VISO LE RAN OEMANDADO A USTED EN LA CORTE. Sl DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y A VI SO, PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGlSTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCI0N CONTRA LAS QUEJAS EN EST A DEMANDA, RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTlCIPACION. ENTONCES, LA COUTE PUEDE. SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERlRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECROS IMPORT ANTES, LLEVE ESTA DEMANDA A UN ABOGADO IMMEDlA TEAMENTE, SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS). (2IS) 238.6300, CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MIDFIRST BANK, vs. WILLIAM C. SAXTON, CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE Defendant THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt ofthis notice disputes the validity ofthe aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff Plaintiff Q,r- ,/:JJ.<[ ~ ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MIDFIRST BANK, vs. CIVIL ACTION - LAW WILLIAM C. SAXTON, ACTION OF MORTGAGE FORECLOSURE Defendant COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is MIDFIRST BANK, a corporation whose address is 999 N.W. GRAND BOULEVARD SUITE 100 OKLAHOMA CITY, OK 73118 . 2. Defendant, WILLIAM C. SAXTON, is an adult individual whose last known address is 530 THIRD STREET WEST FAIRVIEW, PA 17025. 3. On or about, October 31, 1996, the said Defendant executed and delivered a Mortgage Note in the sum of$57,900.00 payable to NORTH AMERICAN MORTGAGE COMPANY, 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, Defendant 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 1349, Page 1016 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to HOMESIDE LENDING, INC. and was recorded in the aforesaid County in Mortgage Book 552, Page 446. The Mortgage was subsequently assigned to MIDFIRST BANK and was recorded in the aforesaid County in Mortgage Book 696, Page 281. Said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 530 THIRD STREET WEST FAIRVIEW, PA 17025 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on April 01,2005 and all subsequent installments thereon, and the following amounts are due on the Mortgage: Interest at $12.30 per day From 03/01/2005 To 09/01/2005 ( based on contract rate of 8.5000%) $52,820.32 $2,263.20 UNPAID PRINCIPAL BALANCE Accumulated Late Charges Late Charges $22.08 From 04/01/2005 to 09/01/2005 $330.27 $132.48 Escrow Deficit $295.89 Attorney's Fee at 5% of Principal Balance TOTAL $2,641.02 $58,483.18 * * Together with interest at the per diem rate noted above after September 01, 2005 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of Intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No.6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act No. 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time limitations as set forth therein or has 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 8.5000% ($12.30 per diem), together with other charges and costs including escrow advances incidental thereto to the date of eriff s Sale and for foreclosure and sale of the property within described. By: PURCELL, KRU Leon P. Haller, Es' re Attorney for Plaintiff J.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) '-"US A10 147646-683 LH#- 00LAPP510929 . NOTE . NeTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROV AL OF THE DEP AR.-TMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. ICily) PENNSYLVANIA [S,alo] OCT08ER 31, 1996 (Date] CAMP HILL 630 THIRD STREET, WEST FAIRVIEW. PA 17026-3100 [Proporty Address] I. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ "principal"), plus interest, to the order of the Lender. The Lender is 57.900.00 (this amount is caUed NORTH AM~RICAN MORTGAGE COMPANY . I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 8,500 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the 1ST day of each month beginning on DECEMBER 01 , 1996 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on NOVEMBER 01. 2026 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 3883 AIRWAY ORIVE, SANTA ROSA, CA 95403 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.s. $ 4. BORROWER'S RIGHT TO PREPA Y I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that lam doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and wbich sets maximum loan charges, is finally interpreted SO that the interest or other loan charges collected orto be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ij) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PA Y AS REQUIRED (A) Late Charge for Overdue Paymeuts If the Note Holder has not received the full amount of any monthly payment by the end of tbe date it is due, I will pay a late charge to the Note Holder. The amount of the cbarge will be of my overdue payment. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. 445.2\ 16 calendar days after 4,00% MUlTISTAlE FIXEO HAlE NlJIE-Single Family-FNMAlFHLMC Uniform InStrurnont Fon""~~jj~n ~-::~::::E FO:;; : ;;,:12....,0~;:';:~1.2,.7201 1~llmlllmm~I~lmllllllmlll 111111111111~111~lmlllll~ }5xhibl'f(18_" " .' . . (c) Notice of Default 1f I ain In default, the Note Holder may send me a written notice telling me that if I do not plly the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. {Dl No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do SO if I am in default at a later time. (El Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid hack by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example. reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. S. OBLIGAilONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any I"'rson who takes over these obligstioos. including the obligations of a guarantor, surety or endorser of this Note, is alllO obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that anyone of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the rig~t to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the righllo require the Nole Holder to give notice to other persons thatamounts due have not been paid. 10. ALLONGE TO THIS NOTE If an allonge providing Cor payment adjustments or for any other supplemental information is executed by the Borrower together with this Note, the covenants of the allonge shall be incorporated mto and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] o Graduated Payment Allonge 0 Other (Specify] 0 Other ISpeciCy) II. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Inslrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as Collows: Regulations (38 C.P.R. Part 36) issued under the Department of Veteran's ACfairs ("V.A.") Guaranteed Loan Authority (38 U.S.c. Chapter 37) and in effect on the date oC loan closing shall govern the rights, duties and liabilities of the parties to this loan and any provisions of this Note which are inconsistent with such regulations are hereby amended and supplemented to conform thereto. WITNESS THE HAND(S) AND SEAL{SI OF THE UNDERSIGNED. tJ.:u.:- c . c;~ WILLIAM C SAXTON SSN: 162-36-7698 SSN: (Seal) (Seal) ~Borrower -Borrower SSN: (Seal) (Seal) -Borrower ~BQrrower SSN: [S/Qn Qdglnal Onlyl ~-5V (8204) PI,_ 2 of 2 Far.. 3240 tUn . . . ; ::t ~ RECOURSE. PAV TO TI1E ()llOE.R Of ~y~ r........:;. ~. .~.: ., '. ?:' " .~", ~ ".' . l:l.OVESID'E l.'EliDIllG. l'Ne..OJ " Nomtl /lMER1UN MORTGAGE COMPA~'{s ~'''Ca~O . ~~~ - =--. ~~?;kah De Bel As.. , . "lnt Secretary 'PAY. TO TIlE ORDER OF . "~'~.!!.f ;'fQ; ':~{ljj..!; . !'/;; .': . WI;~OUT :!lECOunSE HOM~srnE LEiID!NG ~.~. rrelA t:AR.;1iALL '-' fn~,~ SENIOR VICE 'PRESIDENT ALL THAT CERTAIN piece or parcel of land situate in the Borough of West Fairview, Cumberland County, Pennsylvania, bounded and described as fallows, to wit: BEGINNING at a point in the western line of Third street at or opposite the center of the partition wall dividing properties known as No. 528 and No. 530 Third street, said point being one hundred thirty three and seventy six-one hundredths (133.76) feet south of the southwest corner of the intersection of Third street and May Avenue; thence westwardly through the center of the partition wall dividing properties known as No. 528 and No. 530 Third street and beyond one hundred two (102) feet, more or less, to a point in the eastern line of a Twenty (20) feet wide Alley; thence northwardly along the eastern line of said Twenty '(20) feet wide Alley twenty one and five-tenths (21,5) feet to a point; thence eastwardly along lands now or late of Charles R. Barns one hundred two (102) feet, more or less, to a point in the western line of Third street; thence southwardly along the western line of Third street twenty one and five-tenths (21.5) feet to a point, the Place of BEGINNING. ~h;b'f";3fl NM Midland Mortgage CO. P. O. Box 26648 Oklahoma City, Oklahoma 73126 Phone (800)552-3000 Fax (405)426.1739 Midland Mortgage CO. WTLUAM C SAXTON 530 3RD o;T El'OI.A, PA 17025-3130 0390 DODD 7588 7845 ~ 11 t I i~ I~ ~ .. iI 11 f l i Ii!l 1 f JtU1e 21. 2005 <n ~ (') ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Ihls t> all officIAl ni'tlee that the mortg~ge on VOUT home IS In default and thE lender Intends to fr>.teclosc SpeCIfic I.tJfonnahol1 about th~lJature of the default Is.p.rtlvlded on the attached pa!:!e... I.hs: HOMEQWN1;.R'S MORTGAGE ~SSTST -"'NeE l'ROGl<bM (HJ::MAP) may be "ble tq help to save your home, This nottee explall1s h_ow the prOlITam works To <ce IfHEMA}' can help. YOU m~lMEET WITH A C..Q)'JSUMER CREDJT COUNSELING AGENCY WITHIN 30 DA YS Qf THE DATE OF THIS NOTICE, Take thiS Notice Wlth YOU when you meet w.th the Coume],n\( !\gency. The name. address, and phone number ()J Consumer CredIt C;!,unsc1m~ ^~eneles Servl.'1E..YQ!!I (ounty are hste,g at the end of this Nottce. If you hay~y Questtons. ....ou m~cccall the Pcnns....lva,J1la HOUSing Fln!!.l]ce All:cnev toll free at 1-800-342-2397 (Pennsvlvanla onlvJ.,..Qut-or- state callers.p_lea., call 1-717-380-3940, (PeTS_ons with lmpalred he_annl( can can (717) 78_0.: 1869 nlls NotIce contains Important Iega! mformatlOn. rr you have any quesbons. representattves at the Consumer Cred.1 COWlselmg Agency may be able to help explall1't. You may also want to contact an attoTt1(y m your area, The local bar assoclallon may be ..ble to help you fil1d a lawyer. &JfJ~b,'f \'e i' Sll-j lO/ZO d ElZ-l m~3j3~ 3~V~lHOV\ QNV1QI~-WOJj W'WOI SD-Ol-!nv LA NOTIfICACION EN ADJUNTO ES DE SUMA IMPORTANCIA. PUES AfECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAClON OBTENGA UNA TRADUCCION INMEDlTAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA PUEDES SER ELEGIBLE PARA UN PRESTAMO PR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HlPOTECA Homeowner's Name(s) : Property Address: Loan Account No.: LenderlSer-lcer : WILLIAM C SAXTON 530 3RD ST. ENOLA, P A 17025-3130 47657757 Midland Mortgage Co HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY KE ELIGIBLE FOR FINANCIAL ASSISTANCE WmCH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGElVCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEl" CAUSED BY CffiCl.iMSTANCES BEYOND YOUR CONTROL. IF YOU fIA VE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOlJR MORTGAGE PAYMENTS, A]'\I-y) IF YOU MEET OTHER ELIGIBILIlY REQUIREMENTS ESTABLISHED BY THE PENNSYL V ANJA HOUSING FP.iA1'iCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you arc cl1titled to a temporary stay of fortclosure on your mortgage for thIrty (30) days from the date of this NotIce. Dunng that tIme you must arrange and attend a "facc-lo-face" meetmg With one ofthc consumer credIt counselIng agencIes lIsted at the end of thIS NotIce. TBIS MEETING MUST OC:CVR WITHIN iHE NEXT (30) D~YS. It YO\) DO NOT APPLY FOR EMERGENCY MORTGAGE ASStS]ANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF nus NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXP.LAINS How TO BRiNG YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -lfyou mCEt WIth one of the consumer credIt counselIng agencIes l1sted at thc End ofth,s Nolice. the lender may NOT take action agamst 5ll-, lO/EO d Ell-1 m~3,3~ 3~Vn~O~ aNVlal~-wo;, we,I:D, SD-Ol-!nv you for th1l1)' (30) days after tne date ofth,> meEting, The names, addresses and telephone numbers of dcsllmated c;p..!'sumcr credIt couns.~I",g al1enCleS fat the cOUlJJY 1n wnlcn the proper:v IS located are ~~t forth at the enfi of this NotIce, It 1S only necess"r)! to schedule one face-to-face meeting ^dvlse your Icndu nnmedl.atelv of your Intentions APPLICA TlO!" FOR MORTGAGE ASSrSTA1\ICE - Y"ur mortgage IS In default for thE reasons set forth later In thIS NOhce (see following pages for specIfic mformatlOn about the nature of your default) If you have tried and are unable to reso!\'e th,:, problem With the lender. you have tne r'ght to apply for finanCial aSSIstance from the HomEOWner's Emergency Mortgage A>>1~tance Program, To do so. you must fill out, Sign and file a completed Homeowner's Emergency Mortgagc ASSIstance Program ApplicatIOn with one of the de<Jgnated consumer crcdlt counselmg agenCies listed at lhe end of thiS N()bcE. Only conSumer cred,t counseling agcnclCs nave apphcations for the prOgram and they \'\'111 aSSISt you m suhm;Uing ~ complete appllcahon to the Pennsylvama Housmg Finance Agency, Your appllcatmn MUST be filed or postmaTkcd wltlnn thIrty (30) days of your face-to-face meetmg, YOU MUST FlLE YOUR APPLICA tr01\l PROMPTLY. IF YOl; F Aft TO DO SO OR IF YOt! DO Not FOLLOW THE OTtIER TIME PE~IODS SET FORTH I!'i THIS LETTER. FORECLOSURE MAY PROCEED AGAT!"ST YOUR HOME IMMEDIA TEL Y AND YOtTR APPLICATION FOR MORTG..\.GE ASSISTANCE WILL BE DENIED. AGENCY ACTION - A vaIlable funds for emergency mortgage assistance are vcry IImlled, They wlll he disbursed by the Agency under the ehpblhty crltena cstabhshed by the ,",ct Tne PCMsy1vama Housmg Fmance Agency has SIXty (60) days to make a decislon after It rece'vc, your applIcatlon, Dunng that lime. no fOTeclosure proccedmgs Will be pur>ucd agamst you If you h~ve met lhe Illne reqUIrements set forth above, You wlll be notIfied directly hy the Pennsy]va1lla Housmg F1l1ance Agency of lts deCISIOn on your applicatIon, NOTE: IF YOlT ARE CURRENTLY PROTECTED BY TIfF: flUNG OF A PEnTlON IN BANI<JWPTCY. THE FOLLOWING PART OF THIS NOTICE IS FOR Il"fOR'\1A TTON PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS Ai" ATTEMPT TO COLLECT THE DEBT. (If :"ou have tiled bankruptcy you can stili apply for Emergency Mortgage Assistance.) SL H LO/I>O d ELH W~~3,3~ 3~Vn~0I'i QNV1QI~-WOj, W'EI:O\ IO-O\-lnV HOW TO CURE YOUR MORTGAGE DEFAULT (Brim! it up to date). NA TURE OF tHE tlEFAULT - The MORTGAGE debt held by the above lender on yoU! property located at: 530 3RD ST ENOLA. PA 17025-3130 IS SERIQUSL Y IN OH AUL T because YOU HA VI': NOT MADE MONTHLY MORTGAGE l'A YMENTS for the following months and the folloWIng amounts are now past due: . Total Due $2 \91,72 whIch Ineludes: (a) Monthly payments from 4/1/2005 through (b) Uncollected Late Charges and Fees 6105 (at$552.01 per month) HOW TO CURE Tm OEF AUL T - You may cure the ddault wlthm THIRTY (30} DAYS of the date of this notice BY PAYING Tm: TOTAL AMOUNT PAST DUE TO tHE LENDER, WHICH IS $2191.72. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME PAST DUE DURING THE THIRTY DO} DAY PER 100, PavmeryJs mu,t be made elthcr bv cash. c.ashier's check. eert,fled check or money order m.a.de payable and senIJo: A tin, Ca shl ers Midland Mortgage Co. p.a, Bo~ 2(,8888 Oklahoma CIty. OK 73126 If YOV DO NOT CURE THE DEFAULT -If you do not cure the default WIthIn THIRTY DO} DA YS of the date of thiS N(\tlce. the lender intends to exercise its rh!bts to accelerale the morll!a2e debt. ThIS mean, that the cntlTe outstanding balanCE ofthls debt \V,II bc conSIdered due Immed,ately and you may lose the chance to pay the m<lTtpge In monthly mstallments, If full payment of the total amount past due IS not made WithIn THIRTY (30) DAYS. the lender also Intcnds to Instruct Its attorneys to start legal actIOn to foreclose upon your mort2a!!ed propertv. IF mE MORTGAGE 1s FORECLOSED UPON - The mortgaged property ",,11 be sold by the Shenff to payoff the mortgage debt. If thc lender refer> your case to Its atlomeys. but you cure Ihe deltnQueney befofe the lender begIn, legal proceedmgs agaInst you. YOU WIll stIll be requIred to pay the rea5onab1c attorney's fecs that were actually Incurred. up to $50,00. Howe"er, ,r legal procecd1l1gs are started agaInst you. you wtll have to pay all reasonable attorney's fees actually incurred by the lender even !fthey exceed $50 00, ^ny attorneY'5 fecs WIll be addcd to the amount you owe the Irnder. whIch may Include other reasonable costs. !f vou cure the default wit bin the mIRTY f30) DAY period, voU will not be required 10 pav attorn.v', fees. OTHER LENOEl{ REMEDIES - The lendcr may also suc you personally fOf the unpaid pnnclpal balance and all other sums due under the mortgage, RIGHT TO CURE THE DEY AtiLT PRIOR TO SHERIFF'S SALE - If you have not cured the default wlth,Tl thc THIRTY (30) DAY perIod and foreclosure proceedIng. have begun. you stIll have the f1~ht to cure the default and prevEnl the sale at any tIme up to one hour before the Sheriff's Sa.le You may do so by paYIn!! the total amount then past due. plus anv late or othcr charges then dUE. reaspnable attornfY's fees and costs connected W1th the foreclosure sale and any other costs conn~cJ.ed With the :;;'hcnff's Sale as spce1!ied In WTltml! bv the lender and bv performlng aT1\' other feQUlrements under the mo~~ Curing your default in the manner set 5Ll-J LO(50 d tL~-l lVHH3J3H 3~V~lH~ ON~lOI~-WOJJ W'vl:OI 50-01-!nv forth in thi~ notice will restore your mortl/age to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DAn: -It IS esttmated that the EarlIest date that such a Shmffs Sale ofthc mortgaged propc-rty could be held would be approximately SIX (6) months from the date of this l"otice. A nollce of the actual date of the Shenffs Sale \VJII be sent to you before the sale. Of course, the amount needed to cure the default WIll mcrease the longer you walt You may find out exactly what the reqUIred paymEnt or action WIll be by contactmg the lender HOW TO CONTACT THE LENDER: DeUUlIuencv A,slstance Center Midland Mortgage Co 999 NW Grand Blvd. SUite 110 Oklahoma City. OK 73118 Loss Mitil!ation Contact M,dland Mortgage Co, c/o Laura MatthEws 999 NW Grand Blvd. SUIte liD Oklahoma CIty. OK 73118 Phone (800)552-3000 Phone (405)426-1326 Emall: 1..~ut'a.Matlhews(@nudfir't...c.QlTI fax 405 426-1739 EFFECT OF SHERIFF'S SALE - You ,hould rEalIze that a Shenfrs Sale wll] end your ownershIp of the mortgaged property and your right to occupy It. If you eontmue to Itve 10 the property after the SherIn's Sale. a laWSUIt to remove you and yourfunushmgs and other hclongmgs could he started by the lendEr at any hme, ASSUMPTION OF MORTGAGE - You mayor may not be able to sell or transfer your home to a buyer or tr,msferee who will assume the mOTtgage debt. dependmg on the tems and cond,l1ons outlIned In your mortgage and provided that all the outstandmg payments. charges and attorney's fees and costs are paId pnor to or at the sale and that the other requirements of the mortgage arc satisfied, YOUl\1.\Y ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PA. Y OFF THE MORTGAGE DEBT OR. iO BORROW MONEY FROM ANOTBER LENDING INSTITUTION TO PAY OFF THE DEBT. TO HA VE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAvE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEf AUL T HAb OCCURRED. IF YOU CURE THE DEPAUL T (HOWEVER, YOU DO NOT HAVE THIS RIGl-IT TO CURE YOUR DEF AUL T MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LA WSVIT INSTrmD tJ1'oi'DER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HA VE TO SUCH ACTION BY THE LENDER 511-, lO/90d €11-1 lYiil,li l~Y~li~ ONY101~-WOJ, w'vl:OI 50-01-Jny TO SEtK PROTECTION UNDER FEDERAL BANKRUPTCY LAW 511-j 10/10 d El/-1 1V~~3d3~ 3~vn~a~ aNVlal~-WOJd w'\'I:O\ 5HI-!nv VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff MIDFIRST BANK. Said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: August 23, 2005 4i Jy '-[' //' .v, Leon ~( Haller, Esquire 1: ~ ~ ~ ~ n ,...., 0 <.;::::'l c~ ,;:'::,) -n <.:Jl ::;3 "- ~ \ 2 .*_--f"\ ~ f1'r ~ 0.J -~,hJ ~'\ ,,> -~'1 \.=..1 .,j , '~ \ ~ W ,~~,~ C) '-J ~ -:J ~.~~\ -,...- ~ -' _,_;:(0 (..'1 ....... C ': (.> \ :'2 "" -';.0 :"" 0) SHERIFF'S RETURN - REGULAR CASE NO: 2005-04328 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIDFIRST BANK VS SAXTON WILLIAM C SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SAXTON WILLIAM C the DEFENDANT , at 1830:00 HOURS, on the 25th day of August 2005 at 530 THIRD STREET ENOLA, PA 17025 by handing to WILLIAM SAXTON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 12.00 .00 10.00 .00 40.00 .~~~~~ R. Thomas Kline 08/26/2005 PURCELL KRUG Sworn and Subscribed to before By: HALLER ~ xf~ A ,1{ Deputy Sher'ff .J( day of me this ?A.D. MIDFIRST BANK, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA VS, CIVIL ACTION LAW WILLIAM C. SAXTON, NO, 2005-04328 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) WILLIAM C. SAXTON for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid Principal Balance Interest Per diem of $12.30 From 03/01/2005 To 09/01/2005 Accumulated Late Charges Late Charges ($22.08 per month to 09/01/2005) Escrow Deficit $52,820.32 $2,263.20 $330.27 $132.48 $295.89 5% Attorney's Commission TOTAL $2,641.02 $58,483.18 * * 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 Leon P. Haller PAL . # 15700 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 r ~~ "" '" -..... ~ ,.. ~~ \'~ '/"""- ~ , ,~ " ....... -t C> \ '""' \-' d c"j -, , ;-. ,..> <= c:.:> "" o C} -i - 1',) w - N PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MIDFIRST BANK, VS. CIVIL ACTION LAW NO. 2005-04328 WILLIAM C. SAXTON, DEFENDANT IN MORTGAGE FORECLOSURE NON-MILIT ARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed before me this 1L- day of (JCf 2005 11t/t'-' m &~ Notary Publit [;L[ -1 ~).' rC;-';NSYLVANI -r " Notarial Seal l.facl. "~' BemstG!J:I, Nota~, Publio C;~; .:,t j t.<!r~i5bt!rg, pauphi~ County L~'~.t~"~~:I:.::~~:~)n ExpnesAug. 21.2007 (\I',moor, Psni1sylvenLl fI.~-<;ocra~jon of Notaries ~ ~ c.:.;.,. o;;.,.n C) "'"', , " -. N "\i t..) .. N MIDFIRST BANK, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION LAW NO, 2005-04328 WILLIAM C. SAXTON, DEFENDANT(S) IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on September 19, 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 LeonP.Ha PA J.D. Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front Street Harrisburg, P A 17102 MIDFIRST BANK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2005-04328 WILLIAM C. SAXTON Defendant CIVIL ACTION LA W IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: September 19, 2005 TO: WILLIAM C. SAXTON 530 3RD STREET ENOLA, P A 17025 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 LA WYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CARLISLE, PA 17013 717-249-3166 By LEO L laintiff J.D. # 15700 1719N. Front St., Harrisburg, PA 17102 (717) 234-4178 o c ~. , [:, ~ ." c::> c;;:.;:) 0" CJ " -~ N ~ "...;~ (:7 N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2005-04328 PLAINTIFF Total Judgment Amount Interest Per diem of $ I 2,30 to sale date 3/8/2006 Late Charges $22.08 per month to sale date 3/8/2006 Escrow Deficit Appraisal $58,483.18 ./ $2,312.40 MIDFIRST BANK, VS, $639.39 WILLIAM C. SAXTON, DEFENDANT(S) $700.36 $325.00 TOTAL WRIT $62,460.33 .Plus additional interest, late charges and other costs to date of sheriffs sale. SALE DATE: Wednesday, March 08, 2006 (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: October 11,2005 "~ .9 Leon P. Haller PA 1.0. #15700 Attorney for Plaintiff 1719 North Front Street Harrisburg, PAl 71 02 (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 530 3RD STREET NOLA, P A 17025 CIVIL DIVISION Date: PROT BY DEPUTY ALL THAT CERTAIN piece or parcel of land situate in the Borough of West Fairview, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the western line of Third street at or opposite the center of the partition wall dividing properties known as No. 528 and No. 530 Third street, said point being one hundred thirty three and seventy six-one hundredths (133.76) feet south of the southwest corner of the intersection of Third street and May Avenue; thence westwardly through the center of the partition wall dividing properties known as No. 528 and No. 530 Third street and beyond one hundred two (102) feet, more or less, to a point in the eastern line of a Twenty (20) feet wide Alley; thence northwardly along the eastern line of said Twenty '(20) feet wide Alley twenty one and five-tenths (21c5) feet to a point; thence eastwardly along lands now or late of Charles R. Barns one hundred two (102). feet, more or less, to a point in the western line of Third street; thence southwardly along the western line of Third street twenty one and five-tenths (21.5) feet to a point, the Place of BEGINNING. HAVING TIlEREON ERECTED A DWELLING KNOWN AS 530 3RD STREET ENOLA, P A 17025 BEING THE SAME PREMISES WInCH Stephen J. Bond, Jr. and Eleanor Bond, by Deed dated 10/31/96 and recorded 11/4/96 in Cumberland County Deed Book 148, Page 662, granted and conveyed unto William C. Saxton. TO BE SOLD AS TIlE PROPERTY OF WILLIAM C. SAXTON ON JUDGMENT NO. 2005-04328 ASSESSMENT NO. 45-16-1050-122 ~~ ~ , ~ -\~ - i"-V J' <.J' """ ~~ Rs,,, c; s- ~? I~~ c ~ CS C) ~ (,,:' C~) , c...;.... ~ o ~:,. -' -- N -::'- {.:? - "'-' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4328 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDFIRST BANK Plaintiff (s) From WILLIAM C. SAXTON, 530 THIRD STREET, ENOLA P A 17025. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 530 THIRD ST.,ENOLA PA 17025 (SEE LEGAL DESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify hirn/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due 58,483.18 L.L. $.50 Interest $2,312.40 @ $12.30 PER DIEM TO SALE DATE OF 3/8/06 Atty's Comm % Due Prothy $ 1.00 Atty Paid $122.00 Other CostsLATE CHARGES OF $22.08 PER MONTH TO 3/8/06 = $639.39: ESCROW DEFICIT = 700.36: APPRAISAL = $325.00 Plaintiff Paid Date: OCTOBER 12, 2005 i.v:!!:b~ Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name LEON P. HALLER ESQ Address: 1719 N FRONT ST HARRISBURG PA 17102 Attorney for: PLAINTIFF Telephone: (717) 234-4178 Supreme Court ID No, 15700 PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MIDFIRST BANK, VS, CIVIL ACTION LAW NO. 2005-04328 WILLIAM C. SAXTON, 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 530 3RD STREET ENOLA, P A 17025: I. Name and address of the Owner(s) or Reputed Owner(s): WILLIAM C. SAXTON 530 3RD STREET ENOLA, P A 17025 2. Name and address of Defendant(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 lieD on the real property to be sold: CTCS Coordinator - Rye Township 2301 North 3rd Street Harrisburg, PA 17110 East Pennsboro Township 98 South Enola Drive Enola, P A 17025 Great Seneca Financial Corp. 15200 Shady Grove Road Rockville, MD 20850 Amy F. Wolpoff, Esquire Wolpoff & Abramson 4660 Trindle Road CampHill,PA 17011 HCR Manorcare, Inc. 1700 Market Street Camp Hill, P A 17011 David A. Baric, Esquire 17 West South Street Carlisle, P A 17013 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Northwest Consumer Discount Company d/b/a Lewistown Consumer Discount Company 25 West Market Street Lewistown, P A 17044 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 530 3RD STREET ENOLA, P A 17025 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated. ) 1 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. ~~~o Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE:October 11, 2005 o (,': ,....., c;;;::> c..:::> <;:,J1 o t.;-:J -. N -n -"" (-:? 1"-:' PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MIDFIRST BANK, VS. CIVIL ACTION LAW NO, 2005-04328 WILLIAM C. SAXTON, 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, March 08, 2006 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting ofa statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION A TT ACHED) THE LOCATION of your property to be sold is: 530 3RD STREET ENOLA, PA 17025 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2005-04328 JUDGMENT AMOUNT $58,483.18 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: WILLIAM C. SAXTON 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 ofthe within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 ALL THAT CERTAIN piece or parcel of land situate in the Borough of West Fairview, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the western line of Third street at or opposite the center of the partition wall dividing properties known as No. 528 and No. 530 Third street, said point being one hundred thirty three and seventy six-one hundredths (133.76) feet south of the southwest corner of the intersection of Third street and May Avenue; thence westwardly through the center of the partition wall dividing properties known as No. 528 and No. 530 Third street and beyond one hundred two (102) feet, more or less, to a point in the eastern line of a Twenty (20) feet wide Alley; thence northwardly along the eastern line of said Twenty .(20) feet wide Alley twenty one and five-tenths (21~5) feet to a point; thence eastwardly along lands now or late of Charles R. Barns one hundred two (102). feet, more or less, to a point in the western line of Third street; thence southwardly along the western line of Third street twenty one and five-tenths (21.5) feet to a point, the Place of BEGINNING. HAVING THEREON ERECTED A DWELLING KNOWN AS 530 3RD STREET ENOLA, P A 17025 BEING THE SAME PREMISES WHICH Stephen J. Bond, Jr. and Eleanor Bond, by Deed dated 10/31/96 and recorded 11/4/96 in Cumberland County Deed Book 148, Page 662, granted and conveyed unto William C. Saxton. TO BE SOLD AS THE PROPERTY OF WILLIAM C. SAXTON ON JUDGMENT NO. 2005-04328 ASSESSMENT NO. 45-16-1050-122 0 "', 0 C.? ~::; c.:.:> -n ~, CJ ::;:J (""") -I r0 -;:"1 -..- (...) ,-- ..-./ , .-... (..,0 Midfirst Bank VS William C. Saxton The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-4328 Civil Term Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on January 30, 2006 at 5:05 o'clock PM, she served a true copy ofthe within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: William C. Saxton, by making known unto William Saxton, personally, at 530 Third Street, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 09, 2006 at 11:26 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of William Saxton, located at 530 Third Street, Enola, Pemlsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: William C. Saxton, by regular mail to his last known address of 530 Third Street, Enola, P A 17025. This letter was mailed under the date of January 31,2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Haller. Sheriffs Costs Docketing Poundage Advertising Posting Handbills Levy Mileage Surcharge Law Library Prothonotary Share of Bills 30.00 16.14 15.00 15.00 15.00 26.40 20.00 .50 1.00 21.05 J MIDFIRST BANK, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA VS, CIVIL ACTION LAW NO, 2005-04328 WILLIAM C. SAXTON, 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 530 3RD STREET ENOLA, P A 17025: I. Name and address of the Owner(s) or Reputed Owner(s): WILLIAM C. SAXTON 530 3RD STREET ENOLA, P A 17025 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: CTCB Coordinator - Rye Township 230] North 3'd Street Harrisburg,PA ]7110 East Pennsboro Township 98 South Enola Drive Enola, P A 17025 Great Seneca Financi:l.! Corp. 15200 Shady Grove Road Rockville, MD 20850 Amy F. Wolpoff, Esquire Wolpoff & Abramson 4660 Trindle Road Camp Hill, PA 17011 HCR Manorcare, Inc. 1700 Market Street Camp Hill, P A 17011 r11 :[ d h I DO SGGl ::.:;'.\.; "i ,. MIDFIRST BANK, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS, CIVIL ACTION LAW NO, 2005-04328 WILLIAM C. SAXTON, DEFENDANT(S) IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, March 08, 2006 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting ofa statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION A TT ACHED) THE LOCATION of your property to be sold is: 530 3RD STREET ENOLA, PA 17025 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2005-04328 JUDGMENT AMOUNT $58,483.18 THE NAMES OF THE OWNERS OR REPUTED OWNERS ofthis property is: WILLIAM C. SAXTON t, / 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 here:in. 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 PROMPTL Y. .. ... .. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED, 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, P A 17102 (717) 234-4178 't. ALL THAT CERTAIN piece or parcel of land situate in t:he Borough of West Fairview, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the western line of Third Stl:eet at or opposite the center of the partition wall dividing properties known as No. 528 and No. 530 Third street, said point being one hundre,d thirty three and seventy sh~-one hundredths (133.76) feet sDuth of the southwest corner Df the intersection of Third Street and May Avenue; thence westwardly thrDugh the center Df the partition wall dividing properties known as No. 528 and No. 530 Third street and beyond one hundred two (102) feet, more or less, to a point in t:he eastern line Df a Twenty (20) feet wide Alley; thence northwardly along the eastern line of said Twenty '(20) feet wide Alley twenty one and five-tenths (21c5) feet tD a point; thence eastwardly along lands now or late of Charles R. Barns one hundred two (102). feet, more or less, to a point in the western line of Third Street; thel)ce southwardly along the western line of Third Street twenty one and five-tent:hs (21.5) feet to a point, the Place of BEGINNING. HAVING THEREON ERECTED A DWELLING KNOWN AS 530 3RD S1llliET ENOLA, P A 17025 BEING THE SAME PREMISES WHICH Stephen 1. Bond, Jr. and Eleanor Bond, by Deed dated 10/31/96 and recorded 11/4/96 in Cumberland County Deed Book 148, Page 662, granted and conveyed unto William C. Saxton. TO BE SOLD AS THE PROPERTY OF WILLIAM C. SAXTON ON JUDGMENT NO. 2005-04328 ASSESSMENT NO. 45-16-1050-122 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4328 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MID FIRST BANK Plaintiff (s) From WILLIAM C, SAXTON, 530 THIRD STREET, ENOLA PA 17025. (I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 530 THIRD ST.,ENOLA PA 17025 (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 attaclunent has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attaclunent is fomld 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 58,483,18 LL $.50 Interest $2,312.40 @ $12.30 PER DIEM TO SALE DATE OF 3/8/06 Atty's Comm % Due Prothy $ 1.00 Atty Paid $122.00 Other CostsLA TE CHARGES OF $22.08 PER MONTH TO 3/8/06 = $639,39: ESCROW DEFICIT ~ 700.36: APPRAISAL = $325.00 Plaintiff Paid fJ~.JL,- ~~Is~~1 Date: OCTOBER 12, 2005 Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name LEON P. HALLER ESQ Address: 1719 N FRONT ST HARRISBURG PA 17102 Attorney for: PLAINTIFF Telephone: (717) 234-4178 Supreme Court lD No, 15700 Real Estate Sale # 21 On November 30,2005 the Sherifflevied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 530 Third Street, filed with this writ and by this reference incorporated herein. ( .,.,:) c:;;;J =v;:l c:::a @ (iVU Enola, more fully described on Exhibit "A" Date: November 30, 2005 By: ){J(L~ )lfVJ.J~ Real Estate Sergeant i'l ( ,r __: 'l.. '.....; r: I' THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co" a cOlporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday! Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2006, That neither he nor said Company is interested in 1he subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co, aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317, PUBLICATION COPY SA L E #21 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 REAL ESTATE SALE No. 21 Wrlt No. 2IIOS-432lI Civil Term Mlclflrst Bank Va WIlliam C. Saxton Ally: Leon Haller DESCRIPTION AlL THAT CERTAIN piece or j>lIt<l 01 land situated in the Borougb of West FaUview nIkIa East l'<1msiloro T.....mf. Cumberland County. Pennsylvania., bound-ed aM described as follows, ton BEGINNING at a point in the Western line of Third Street at or opposite the center of the partition wall tlividiD8prop<tties know.. No, 528 and No, 530 TbinI s...t, said point bemg ooe Iumdred thirty three and ..vtnty six_ bund- _ (133,76) feet south of1he Southwest"""" of the intersection of Third Sbeet and May Avenue; lbence Westwardly through fhe center of 1he panilioo wall tIividiD8 prop<tties /mown.. No, 528 and No, 530 TbinI s...t and beyond ooe Iumdred two (102) feet.""", or leu,'" point in 1heEaslerolineofa'lWeoly(20)leetwmeAlley; 1hePceNodhwanllya/orJg lbeEaslem line 01 said _(20}leetwmeAlley_ooeandfive- tenm. (215) leet '" . point; 1hePce EastwanIIy along lands now or: Iatt of Charles I.. Bams one Iumdred two (102) feet.""", of leu... a point in 1he Western line ofTbinl Stnoet; 1hePce SouthWlllllly a/orJg lbe WII'= line ofThinl S"", _ OIlOandfive-tenlhs (215) feet.. . point, lbe place ofBEGlNNl!lG, HAVING TIIEREON erecte;!. dwclling /mown ..5303nls...tEnola.PA IW BEING TIlE SAME -"" which Sttphon J, BoIld.Jr. and Bleanor_.hy Deed dared 10/31/ 96 and recooled 1114196 in Cumberland County Deed Book 148. Page 662 plod and <OO'Ieyed unto WJIliamC;Saxton. TO BE SOLD.. the prop<<Iy of William C, SntmI011 Judgml:ntNo,2OlJ5.04328 ASSESSMENTNo,45-16-105t).122 PROOF OF PUBLICATION 01-' i\OTICE li'i ~UMBERLAJ\D LAW ,JOURNAL I Under Act \0. 587, appro;ced May I (j, I') 29). p, L 1784 STATE OF PENNSYLVANI\ : 55. COUNTY OF CUi\lBERLAl\lJ : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Joumal, of the County and State afolTsaid, bein", duly SWI)I'" according tl( law. dcposes lllld says that the Cumberland Law Joumal, a legal periodical publdlcd in the Bowugh of Carli sic in the County and State aforesaid, was established JauLlary 2, I ')';2, and designated bv the lucal courts as the official legal periodical for Ihe publication U[' ,tll Jegalnoticl's, and 1111';, si'le'c January 2. 1952, been regularly issued weekly in thc said COUIlI.". and that th printed noticl' or publication attached hereto is exactly thc same as was printed i[1 the regular editions lllld ic;sLlcs of the said Cumberland Law Joumal on the {(lllowing dates, V1Z: .January '20. 27, icbruary 3, 20Ur, Aflialll ['mtlleT dql0SCS iTilt he is authwized to vcrif:, ihis statement by the Cumberland Law Journal. a legal [lcriodical ' 'general circulation, :md Ih:[[ he is not interested in the subject matter 01' tile aforesaid notice' or advertisement. and that all allegations in the foregoing statements a~ to tin1l'. pLlce and .,_'ilaracter ofpuhlicatioll ~!l'e trlle. '~r'Y '- ~( --- Mal:le oyne, E(~t (' SWt JR, :\NU;UBSCRIBED before me this __ ,~_d'lV ,,1' ! cbruarv. 2006 _~L .k/Jrffl/1/ Notary rl REAL ESTATE SALE NO. 21 Writ No. 2005-4328 Civil Midfirst Bank vs, William C. Saxton Atty.: Leon Haller ALL THAT CERTAIN piece or parcel of land situate in the Bor- ough of West Fairview k/n/a East pennsboro Township, Cumberland County. Pennsylvania. bounded and described as follows, to wit: BEGINNING at a pOint in the western line of Third Street at or opposite the center of the partition wall dividing properties known as No. 528 and No. 530 Third Street, said point being one hundred thirty three and seventy six-one hun- dredths (133.76J feet south of the southwest comer of the intersec~ tlon of ThIrd Street and May Avenue; thence westwardly through the cen- ter of the partition wall dividing prop- erties known as No. 528 and No. 530 Third Street and beyond one hundred two (102) feet, more or less, to a point in the easlem Hne of a Twenty (20) feet wide Alley; thence northwardly along the eastern line of said Twenty (20) feet wide Alley twenty one and five-tenths (21.5) feet to a point; thence eastwardly along lands now or late of Charles R. Barns one hundred two (102), feet. more or less. to a point in the western line of Third Street; thence southwardly along the western line of Third Street twenty one and five- tenths (21.5) feet to a point, the Place of BEGINNING, HAVING THEREON ERECrED A DWELLING KNOWN AS 530 3RD STREET, ENOLA, PA ] 7025. BEING THE SAME PREMISES WHICH Stephen J. Bond, Jr. and Eleanor Bond. by Deed dated 10/ 31/96 and recorded 11/4/96 in Cumberland County Deed Book 148. Page 662. granted and con- veyed unto William C. Saxton, TO BE SOLD AS THE PROp. ERTY OF WILLIAM C. SAXTON ON JUDGMENT NO, 2005.04328. ASSESSMENT NO. 45. I 6. 1050. 122, Leon P. Haller Purcell, Krug & Haller 1719 N. Front Street Harrisburg, PA 17102-2392 (717) 234-4178 lhaller@pkh.com MIDFIRST BANK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW VS. NO. 2005-04328 WILLIAM C. SAXTON, Defendant IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PROTHONOTARY: Please mark the judgment entered against the Defendant satisfied of record. R BY: Leon P; Attorney aller ID #15700 for Plaintiff DATE: June 15. 2006 o ~~~ ....., (~-.:l 0:::'::, <::7'" r"-,) ::~) f"":' C,,;