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HomeMy WebLinkAbout02-2158FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff VS. CRAIG A. BRUNGARD, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CiVIL ACTION - LAW : : ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is FEDERAL NATIONAL MORTGAGE ASSOCIATION, a corporation acting through its servicing agent Washington Mutual Home Loans, Inc. whose address is P.O. BOX 3147, MILWAUKEE, WISCONSIN 53201-3147. Defendant, CRAIG A. BRUNGARD, is an adult individual whose last known address is 1015 CHIPPENHAM ROAD, MECHANICSBURG, PENNSYLVANIA 17055. 3. On or about, June 25, 1993, the said Defendant executed and delivered a Mortgage Note in the sum of $120,000.00 payable to MELLON BANK, N.A., which Note is attached hereto and marked Exhibit "A". 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 1145, Page 727 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to Mellon Mortgage Company and was recorded in the aforesaid County in Mortgage Book 506, 918. The Mortgage was subsequently assigned to Fleet Real Estate Funding Corp. and was recorded in the aforesaid County in Mortgage Book 493, Page 1093. The Mortgage was further assigned to Federal National Mortgage Association and was recorded in the aforesaid County in Mortgage Book 609, Page 1131. Said Mortgage and Assignments are incorporated herein. 5. The land subject to the Mortgage is: 1015 CH1PPENHAM ROAD, MECHANICSBURG, PENNSYLVANIA 17055 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the property. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on January 01, 2002 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $15.02 per day From 12/01/2001 To 06/01/2002 ( based on contract rate of 6.625%) $82,748.04 $2,733.64 Late Charges $53.15 From 01/01/2002 to 06/01/2002 $265.75 Attorney's Fee at 5% of Principal Balance TOTAL $4,137.40 $89,884.83 **Together with interest at the per diem rate noted above after June 01, 2002 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 ora 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 foreclosure 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. Plaintiffhas complied with the procedures required by Pennsylvania Act 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 Pennsylvania 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 6.625% ($15.02 per diem), together with other charges and costs including escrow advances incidental thereto to the date~ff~Sherift?s 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, PA 17102 (717-234-4178) Fmc74185.ti~ (1696x2800x2 ti~) [46] Fmc74185.t±~ [1696x2800x2 titt) [47] ..... mmm~qm ,4', Fmc40373 (1696x2800x2 tiff) [25] ALL THAT CERTAIN lot of lend Situate in H&mpden Township, CumberlInd County, Pennsylvm~i&, being Lot #212, Kingswood, Phe~e II, as reco=ded tn Cumberland County Pl&n Book 5S, Page 93, more BEGIh~NINO st a point on the West side of Chippenham Road, North (125.00') of the intersection of the North side of Dorset Drive West (S 82o53'22" W) a distance Of One Hundred Twelve and One On.-Hundr~dths feet (112.01') to m point at line of Lot NO,. 199; thence by ~ame North Twenty-Eight degrees Fifty-one minutes Thirty-Five seoonde West (N 28c51'35'' W) a dist.nce of Ninety-Five .nd Thirty-Four One-Hundredths feet (95,34') to a point et line of minutes Thirty-one seconds East (N 66"28'31" E) a distance of One ~hlndrzd ~:r~y-Two and Nine~y-Sev~n One-HundredtSs feet (]42.97') to a to the right haying a rsdiu~ of Two Hundred Fifty feet (250.00') all arc length of Seventy-.One and Fifty-Eight One-Hundredths feet 71.58') to e point; thence by same South Seven degrees Seven minutes ~ifteen seoonds East (S 07 07 15 E) e,distanc of Flf~y-Eight and COMPANY NAME: Federal National Mortgage Association 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 May 01, 2002 Title C: --.4 SHERIFF'S CASE NO: 2002-02158 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEDERAL NATIONAL MORTGAGE ASSN VS BRUNGARD CRAIG A RETURN - REGULAR BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BRUNGARD CRAIG Athe DEFENDANT , at 1730:00 HOURS, on the at 1015 CHIPPENH3~M ROAD 7th day of May , 2002 MECHANICSBURG, PA 17055 CRAIG BRUNGARD by handing to 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 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this /7 ~ day of  ~L~ A.D. / ~rothonotary So Answers: R. Thomas Kline 05/08/2002 By: Deputy Sheriff FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff vs. CRAIG A. BRUNGARD Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2158 CIVIL TERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE P RA E C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter ~uD~MENT "in rem" in favor of the Plaintiff and against Defendants Craig A. Brungard 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 $15.02 from 12/1/01 to 6/1/02) Accumulated late charges and Late charges ($53.15 per month to 6/02) 5% Attorney's Commission $82,748.04 $ 2,733.64 $ 265.75 $ 4,137.40 TOTAL $89,884.83** / ** Together with additional interest at the per diem rate indicated above from June 1, 2002, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, L~. Haller Pa I.D/#15700 -1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff VS. CRAIG A. BRUNGARD Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2158 CIVIL TERM CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. F~%LLER, 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 /0 20 Nota~ Public NOTARIAL SEAL ANGELA J. GLASS, Notary Public Cityof Harrisburg Dauphin Courtly My Commiss? Expires May 12, 2003 FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff vs. CRAIG A. BRUNGARD Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2158 CIVIL TERM CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I hereby certify that on June 4, 2002 I served the Ten Day Notice required by Pa. R.C.P. 237.1 upon the Defendant(s) in this matter by regular first class mail, posta§e prepaid, as indicated on the attached Notice. PURCELL, KRUG & ~R BY L e~.~~ #15700 ;~ctorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 Dated: September 10, 2002 FEDERAL NATIONAL MORTGAGE : ASSOCIATION : Plaintiff : CRAIG A. BRUNGARD : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2158 CIVIL TERM CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 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 1015 Chippenham Road, Mechanicsburg, PA 17055~ 1. Name and address of the Owner(s) Craig A. Brungard 1015 ChippeD_ham Road Mechanicsburg, PA 17055 or Reputed Owner(s): 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: Citifinancial Mortgage Company, 7467 New Ridge Road, Suite 222 Hanover, MD 21076 Inc. Joseph A. Goldbeck, Jr., Esquire The Boarse Building 21 South 5th Street, Suite 500 Philadelphia, PA 19106 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 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: TENANTS IF ANY ... DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Leon/-'/-~aller PA I.D/ #15700 Puz~ll, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 10, 2002 FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff vs. CRAIG A. BRUNGARD Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2158 CIVIL TERM CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALR OF REAL ESTATR PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real held: DATE:WEDNESDAY, DECEMBER 4, TIME:10:00 O'clock A.M. LOCATION: Property (real estate) 2002 Commissioner's Hearing Room 2nd Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 will be THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 1015 CHIPPENHAM ROAD, MECHANICSBURG, PA 17055 THE ~umG~ENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 2002-2158-CIVIL THE NAME(S) OF THE OWNER(S) OH REPUTED OWNERS of this property is: CP. AIG A. BRUN~ARD 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 TTMR AND PLACE OF THE SaT.~ OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE T~ IS A uuu~gT A~AINST YOU IT MAY CAUSE YOUR PROPERTY TO BE WRT.n, TO BE SOLD OR T~FF~ TO PAY THE 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. C,O TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone (717) 249-3166 800-990-9108 THE L~..~ R'r~HTS YOU I~,Y HAVE 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LEGAL DESCRIPTION ALL that certain lot of land situate in Hampden Township, Cumberland County, Pennsylvania, being Lot #212, Kingwood, Phase II, as recorded in Cumberland County Plan Book 55, Page 93, more particularly bounded and described as follows, to wit: BEGINNING et a point on the West side of Chippenham Road, said point also being a distance of One Hundred Twenty-Five feet North (125.00') of the intersection of the North side of Dorset Drive and the West side of Chippenham Road; thence by the line of Lot No. 198 South Eighty-Two degrees Fifty-.Three minutes Twenty-Two seconds West (S 82"53'22" W) a distance of One Hundred Twelve and One One-Hundredths feet (112.01') to a point at line of Lot No. 199; thence by same North Twenty-Eight degrees Fifty-One minutes Thirty-Five seconds West (N 28"51'35" W) a distance of Ninety-Five and Thirty-Four One-Hundredths feet (95.34') to a point at line of Lot No. 211; thence by same North Sixty-Six degrees Twenty-Eight minutes Thirty-One seconds East (N 66"28'31" E) a distance of One Hundred Forty-Two end Ninety-Seven One-Hundredths feet (142.97') to a point on the West side of Ch~ppenham Road; thence by same and a curve to the right having a radius of Two Hundred Fifty feet (250.00') an arc length of Seventy-One an~ Fifty-Eight One-Hundredths feet (71.58') to a point; thence by same South Seven degrees Seven minutes Fifteen seconds East (S 07e07'15" E) a distance of Fifty-Eight and Thirty-Five One-Hundredths feet (58.35') to the place of Beginning. CONTAINING 14,246.40 s¢/uare feet, and being known and numbered es 1015 ChippenhamRoed, Mechenicsburg, Pennsylvania. HAVING THEREON ERECTED A DWELLING Mechanicsburg, Pennsylvania KNOWN AS 1015 Chipper~ham Road, BEING THE SAME PREMISES which Pamay Development Co., Inc., by Deed dated May 22, 1991 and recorded May 30, 1991 in Deed Book D35, Page 267, granted and conveyed unto Craig A. Brungard. TO BE SOLD AS THE PROPERTY OF CRAIG A. BRUNGARD UNDER JUDGMENT NO. 2002-2158 CIVIL TERM PARCEL NO. 10-16-1056-162 FEDER3%L NATIONAL MORTGAGE ASSOCIATION Plaintiff vs. CRAIG A. BRUNGARD Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2158 CIVIL TERM CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 TO THE PROTHONOTARY: Issue Writ of Execution in the above matter on the real estate located at 1015 Chippenham Road, Mechanicsburg, PA 17055 as follows: Amount due pursuant to Judgment $89,884.83 Interest (Per diem of $15.02 from 6/1/02 to 12/4/02) $ 2,793.72 Late Charges at $53.15 (6/02 to 12/02) $ 318.90 Escrow deficit~ $ 1,500.00 TOTAL WRIT $94,497.45** ** Together with any additional interest, charge~,-~d costs to the date of Sheriff's Sale. /~ ~. HALLER I.D. #15700 ATTORNEY FOR PLAINTIFF 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Dated: September 10, 2002 Attached is a description of the real estate. LEGAL DESCRIPTION ALL that certain lot of land situate in Hampden Township, Cumberland County, Pennsylvania, being Lot #212, Kingwood, Phase II, as recorded in Cumberland County Plan Book 55, Page 93, more particularly bounded and described as follows, to wit: BEGINNING at a point on the West side of Chippenham Road, said point also being a distance of One Hundred Twenty-Five feet North (125.00') of the intersection of the North side of Dorset Drive and the West side of Chippenham Road; thence by the line of Lot No. 198 South Eighty-Two degrees Fifty-Three minutes Twenty-Two seconds West (S 82e53'22" W) a distance of One Hundred Twelve and One One-Hundredths feet (112.01') to a point at line of Lot No. 199; thence by same North Twenty-Eight degrees Fifty-One minutes Thirty-Five seconds West (N 28e51'35" W) a distance of Ninety-Five and Thirty-Four One-Hundredths feet (95.34') to a point at line of Lot No. 211; thence by same North Sixty-Six degrees Twenty-Eight minutes Thirty-One seconds East (N 66e28'31" E) s distance of One Hundred Forty-Two and Ninety-Seven One-Hundredths feet (142.97') to & point on the West side of Chippenham Road; thence by same and a curve to the right having a radius of Two Hundred Fifty feet (250.00') an arc length of Seventy-One an~ Fifty-Eight One-Hundredths feet (71.58') to a point; thenoe by same South Seven degrees Seven minutes Fifteen seconds East (S 07e07'15" E) a distance of Fifty-Eight and Thirty-Five One-Hundredths feet (58.35') to the place of Beginning. CONTAINING 14,246.40 square feet, and being known and numbered as 1015 Chippenham Road, Mechsnicsburg, Pennsylvania. HAVING THEREON ERECTED A DWELLING Mechanicsburg, Pennsylvania KNOWN AS 1015 Chippenham Road, BEING THE SAME PREMISES which Pamay Development Co., Inc., by Deed dated May 22, 1991 and recorded May 30, 1991 in Deed Book D35, Page 267, granted and conveyed unto Craig A. Brungard. TO BE SOLD AS THE PROPERTY OF CRAIG A. BRLINGARD UNDER JUDGMENT NO. 2002-2158 CIVIL TERM PARCEL NO. 10-16-1056-162 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-2158 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff (s) From CRAIG A. BRUNGARD (1) You are directed to levy upon the property of the defendant (s)and to sell SEE ATTATCHED LEGAL DESCRIPTION. (2) Y°u are als° directed to at~ach 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) Ifpr°perty °f 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 DueS89,884.83 L.L.$.50 Interest (PER DIEM OF $15.02 FROM 6/1/02 TO 12/4/02) Late charges at $53.15 (6/02 to 12/02) $318.90 Atty's Corem % A~y Paid $109.66 $1,500.00 Plaintiff Paid Date: September 10, 2002 Together with any additional interest, charges and costs to the date of Sheriff's Sale. $2,793.72 Due Prothy $1.00 Other CostsEscrow deficit (Seal) REQUESTING PARTY: Name Leon P. Hailer, Esq. Address: 1719 North Front Street Harrisburg, PA 17102 Attorney for: Plaintiff Telephone: 717-234-4178 Supreme Court ID No. 15700 CURTIS R. LONG Prothonotary Deputy FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff VS. CRAIG A. BRUNGARD Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2158 CIVIL TERM CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE RETURN OF SERVIC~ I hereby certify that I have ~osited in the U.S. Mails at Harrisburg, Pennsylvania on ~ ~'7~-~ , a true and correct copy of the Notice of Sale of Real Estate p~rs~ant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: Craig A. Brungard 1015 Chippenham Road Mechanicsburg, PA 17055 Citifinancial Mortgage Company, 7467 New Ridge Road, Suite 222 Hanover, MD 21076 Inc. Joseph A. Goldbeck, Jr., Esquire The Boarse Building 21 South 5th Street, Suite 500 Philadelphia, PA 19106 DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES JOHN W. PURCELL HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR. BRIAN J. TYLER JILL M. WINEKA NOTICE TO: PURCELL, KRUG AND ItA LLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 2344178 FORECLOSURE DEPT. FAX (717) 234-1206 {717) 533~3836 Craig A. Brungard 1015 Chippenham Road Mechanicsburg, PA 17055 Citifinancial Mortgage Company, 7467 New Ridge Road, Suite 222 Hanover, MD 21076 Inc. JOSEPH N~SSLEY(1910-1982) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD Joseph A. Goldbeck, Jr., Esquire The Boarse Building 21 South 5~h Street, Suite 500 Philadelphia, PA 19106 DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129 1 attached hereto. · YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FO~THER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and t~~ have an opportunity to protect your interest notified of said Sheriff,s Sale. By: PA ~6n~. Haller ~.15700 Attorney for Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff VS. : : CRAIG A. BRUNGARD : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2158 CIVIL TERM CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE NOTICE OF SNERIFF'S ~a?.~ OF w~a~ ESTAT~ PURSUANT TO PENNSYLVANIA RULE OF CIVIL PR0~U~E 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE:WEDNESDAY, DECEMBER 4, 2002 TIME:10:00 O'clock A.M. LOCATION: Con~nissioner,s Hearing Room 2nd Flo~r Cumberland County Courthouse Carlisle, Pennsylvania 17013 TEE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 1015 CEIPPEN]iAM ROAD, MECHANICSBURG, PA 17055 THE JumGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: 2002-2158-CIVIL is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property CRAIG A. BRUNGARD 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 Co~,u~on Pleas of the within County at the Courthouse address specified herein. YOUR ~ER~Y--______.....ER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF IT HAS BEEN ISSUED BECAUSE THERE IS A JUDG~4ENT AGAINST YOU. PAY T~ YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO 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 Phone (717) 249-3166 800-990-9108 THE LE~A~ RIGHTS YOU~AY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff,s Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition ~UST BE FILED B~FORE TH~ SHERIFF,S DE~D IS D~LIVE~. 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. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LEGAL DESCRIPTION ALL that certain lot of land situate in Hampden Township, Cumberland County, Pennsylvania, being Lot #212, Kingwood, Phase II, as recorded in Cumberland County Plan Book 55, Page 93, more particularly bounded and described as follows, to wit: H~-IIINNII~ at a point on the West side of Chippenham Road, said point also being a distance of One Hundred Twenty-Five feet North (125.00') of the Intersection of the North side of Dorset Drive and the West aide of Chtppenham Road; thence by the line of Lot No. 198 South Eighty-Two degrees Fifty-Xhree minutes Twenty-Two seconds West (S 82053'22" W) a distance of One Hundred Twelve and One One-Hundredths feet (112.01') to a point at line of Lot No. 199; thence by same North Twenty-Eight degrees Fifty-One minutes Thirty-Five seconds West (N 28051'35" W) a distance of Ninety-Five and Thirty-Four One-Hundredths feet (95.34') to a point at line of Lot No. 211; thence by same North Sixty-Six degrees Twenty-Eight minutes Thirty-One seconds East (N 66"28'31" E) a distance of One Hundred Forty-Two and Ninety-Seven One-Hundredths feet (142.97') to m point on the West side of Ch~ppenham-Road; thence by same and a curve to the right having a radius of Two Hundred Fifty feet (250.00') an arc length of Seventy-One and' Fifty-Eight One-Hundredths feet (71.58') to · point; thence by same South Seven degrees Seven minutes Fifteen seconds East (S 07°07'15,, E) a distance of Fifty-Eight and Thirty-Five One-Hundredths feet (58.35') to the place of Beginning. CONTAININ~ 14,246.40 equate feet, and being known and numbered as 1015 Chtppenhm Road, Nechantceburg, Pennaylvania. HAVING THEREON ERECTED A DWELLING KNOWN AS 1015 Chippenham Road, Mechanicsburg, Pennsylvania BEING THE SAME PREMISES which Pamay Development Co., Inc., by Deed dated May 22, 1991 and recorded May 30, 1991 in Deed Book D35, Page 267, granted and conveyed unto Craig A. Brungard. TO BE SOLD AS THE PROPERTY OF CRAIG A. BRUNGARD UNDER JUDGMENT NO. 2002-2158 CIVIL TERM PARCEL NO. 10-16-1056-162 WAMU v. Brungard Cumberland County sale 12/4/02 U. S. POSTAL SERVICE CERTIFICATE OF MAH,ING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Craig A. Brungard 1015 Chippenham Road Mechanicsburg, PA 17055 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Citifinancial Mortgage 7467 New Ridge Road, Suite 222 Hanover, MD 21076 Postage: Postmark: Company, Inc. U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Joseph A. Goldbeck, Jr., Esquire The Boarse Building 21 South 5th Street, Suite 500 Philadelphia, PA 19106 Postage: Post WAMU v. Brungard Cumberland County sale 12/4/02 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877} Received f~om: Purcell, Krug & Hailer Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mall addressed to: DOMESTIC RELATIONS OFFICE 13 North Hanover Street Carlisle, PA 17013 Postmark: FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff VS. CRAIG A. BRUNGARD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2158 Civil Term IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: P RAE C I P E Please Vacate the Judgment entered against the Defendant in the above captioned matter, because the mortgage has been reinstated and the default cured. pURCELL, KRUG & HALLER ~L~o~~r ID No. 15700 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) '~.~34-4178 DATE: December 11, 2002 Federal National Mortgage Association VS Craig A. Bmngard In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-2158 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Leon Haller. Sheriff's Costs: Docketing 30.00 Surcharge 20.00 Law Library .50 Prothonotary 1.00 Mileage 17.94 Levy 15.00 Advertising 15.00 Posting Handbills 15.00 Share of Bills 25.20 Poundage 100.00 Law Journal 386.30 Patriot News 308.95 Certified Mail 1.53 $ 936.42 paid by attorney 12/11/02 Sworn and subscribed to before me So Answers: This 37~ dayof ~ ~"'~ q~'~ R. Thomas Kline, Sheriff Cz..,., :, Prothonot~ Real E~te Deputy PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: OCTOBER 25, NOVEMBER 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL F~TATE 8ALIg NO. 34 ~itor Writ No. 2002-2158 Civil Federal National Mortgage Association VS, Craig A. Brungard Atty.: Leon P. Hailer LEGAL DESCRIPTION ALL that certain lot of land situ- ate in Hampden Township, Cumber- land County, Pennsylvania, being Lot #212. Kingwood, Phase II, as recorded in Cumberland County Plan Book 55. Page 93, more par- ticularly bounded and described as follows, to wit: BEGINNING at a point on the West side of Chippenham Road. said point also being a distance of one Hun- dred Twenty Five feet North (125- SWORN TO AND SUBSCRIBED before me this 8 day of NOVEMBER, 2002 Eighty Two degrees Fifly-Three min- utes Twenty-TWo seconds West [S 82° 53' 22" W) a distance of One Hun- dred Twelve and One One-Hun- dredths feet (112.01') to a point at line of Lot No. 199; thence by salne North Twenty Eight degrees Fifty- One minutes Thirty-Five seconds West {N 28° 51' 35" W) a distance of Ninety Five and Thirty-Four One- Hundredths feet (95.34'1 to a point at line of Lot No. 211: thence by same North Sixty-Six degrees Twen- ty-Eight minutes Thirty-One seconds East (N 66° 28' 31' E) a distance of One Hundred Forty-Two and Ninety- Seven One-Hundredths feet (142.97') to a point on the West side of Chip- penhan~ Road; thence by same and a curve to the right having a radius of Two Hundred Fifty feet (250.00'1 an arc length of Seventy-One and Fifty-Eight One Hundredths feet (71.58') to a point; thence by same South Seven degrees Seven minutes Fifteen seconds East (S 07° 07' 15' E) a distance of Fifty-Eight and Thirty-Five One Hundredths feet 158.35') to the place of Beginning. CONTAINING 14,246.40 square feet, and being known and num- bered as 1015 Chippenham Road. Mechanicsburg, Pennsylvania. HAVING THEREON ERECTED A DWELLING KNOWN AS 1015 Chip penham Road, Mechanlcsburg, Penn- sylvania. BEING THE SAME PREMISES which Pamay Development Co., Inc., by Deed dated May 22, 1991 and recorded May 30, 1991 in Deed Book D35, Page 267, gra~lted arid conveyed unto Craig A. Brungard. TO BE SOLD AS THE PROPER- TIr OF CRAIG A. BRUNGARD UN- DER JUDGMENT NO. 2002-2158 CIVIL TERM. PARCEL NO. 10 16-1056-162. THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-New,s and The Sundav Patriot-News newspapers of general cimulation, 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 on the 22nd and 29th day(s) of October and the 5th day(s) of November 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and COPY S A L E #34 REAL ESTATE SALE No.'34 ~ No. 2002-2158 Arty: ~ R'HaII~ LE~AL DESCRIP~ON ALL ~ certaiu I~t of bad ~",,t~ m Ran Book :~5; Pag~ 9~, mo~ particularly BEOINNING at a ~6n ~ West side of Nor~ (125.1D) of ~ inte~ctioa of th= No,dr ~:of Dor~ Drive. and fl~ Wear 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. worn to and subscribed before.~6e thi~ 14th day,~N/ov/e/m/b~r 2002 A.D. Terry L. Russell, Notary Pubtic I City Of Hardsburg, Dauphin County I ' - .....,-~.....~ ~ ;.,= ~ - '-'-'--"" I My Commission Expires June 6, 2006 I i~l,,~i,,.~m 'f r'u mLIt., Member, PennsyivaniaAssociationOfNo~artes My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 307.20 $ 1.75 $ 3O8.95 li~ o~ ux Ne..~ ~ ~-t~o Publisher's Receipt for Advertising Cost · :ca~v,~t(sa2~'~3~w)~f., publisher of The Patriot-News and The Sunday Patriot-New~, newspapers of general :~ ~ ~ ~ ]e receipt of the aforesaid notice and publication costs and ce~ifies that the same have ~ tm (112.01 ~ ma ~t ~ ~ ~-~ ~ ~ ~'~51'35" ~ By .................................................................... a ~ ~ ~-fi~'~ ~.~ ~*~'~1". ~) a ~of Forty*two and. ~iucty-nevtn One~ One-hundredlhs feel (71.fi8') lo a'point; thence by same South Seven degrees Seven minutes Fifteen seconds East (S 07007'15" E) a distance of Fifty-eight and Thirty-five One-hundredths feet (58.35') to the place of beginning. CONTAINING 14,246.40 square feet, and being known and numbered as 1015 Chippenham Road, Mechanicsburg, Pennsylvania. HAVING THEREON ERECTED A DWELLING KNOWN AS 1015 Chippenham Road, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES which Pamay Development Co., Inc., by Deed dated May 22, 1991 and recorded May 30, 1991 in Deed Book D35, Page 267, granted and conveyed unto Craig A. Brangard. TO BE SOLD AS THE PROPERTY OF Craig A. Bmngard under Judgment No. 2002-2158 Civil Term. Parcel No. I0-16-1056-162.