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HomeMy WebLinkAbout06-6349D . Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 717.234.4178 mtg@pkh.com MIDFIRST BANK IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA vs. Cato _ G 3 y q CIVIL ACTION - LAW JAMES E. GALLAGHER ACTION OF MORTGAGE FORECLOSURE Defendant THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 MIDFIRST BANK, I IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. JAMES E. GALLAGHER, Defendant CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff MIDFIRST BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. b L (. 3 4 9 CIVIL ACTION - LAW Defendant ACTION OF MORTGAGE FORECLOSURE JAMES E. GALLAGHER, COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is MIDFIRST BANK, a corporation whose address is 999 N.W. GRAND BOULEVARD OKLAHOMA CITY, OK 73118. 2. Defendant, JAMES E. GALLAGHER, is an adult individual whose last known address is 1241 YORK ROAD MECHANICSBURG, PA 17055. 3. On or about, November 21, 1997, the said Defendant executed and delivered a Mortgage Note in the sum of $84,438.00 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 1418, Page 15 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. and was recorded in the aforesaid County in Mortgage Book 718, Page 1624. The Mortgage was subsequently assigned to MIDFIRST BANK and will be sent for recording. The said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 1241 YORK ROAD MECHANICSBURG, PA 17055 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 May 01, 2006 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $13.14 per day From 04/01/2006 To 11/01/2006 ( based on contract rate of 6.5000%) Accumulated Late Charges Late Charges $27.01 From 05/01/2006 to 11/01/2006 Escrow Deficit Attorney's Fee at 5% of Principal Balance TOTAL $73,801.74 $2,811.96 $162.06 $352.26 $3,690.09 $80,818.11 **Together with interest at the per diem rate noted above after November 01, 2006 and other charges and costs to date of Sheriffs Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at 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. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. 12. Prior to the commencement of this foreclosure action, Plaintiff sent to Defendant written notice dated September 5, 2006, notifying him of the fact of default, amount needed to cure the delinquency and that if the account was not timely reinstated, a foreclosure action would be filed. A copy of the September 5, 2006 notice is attached hereto and marked Exhibit T". WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 6.5000% ($13.14 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. By: PURCE , KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) N491 0 Coil Multistate AD LISTABLE F13 NOVEMBER 21, 1997 [Date] 1241 YORK ROAD, MECHANICSBURG, PA 17055 5 Q (6) -9 ? 1 5144370-663 FHA Case No. RATE NOTE 441-5542401 729 [Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means NORTH AMERICAN MORTGAGE COMPANY and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of EIGHTY FOUR THOUSAND FOUR HUNDRED THIRTY EIGHT AND 00/100 Dollars (U.S. $ 84,438.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at a rate of S I X percent( 6.000 %) per year until the full amount of principal has been paid. The interest rate may change in accordance with Paragraph 5(C) of this Note. 3. IIROMIS13TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." That Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on JANUARY 01 1998 . Any principal and interest remaining on the first day of DECEMBER 2027 , will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at 3683 AIRWAY DRIVE, SANTA ROSA, CA 95403 or at such other place as Lender may designate in writing by notice to Borrower. (C) Amount Initially, each monthly payment of principal and interest will be in the amount of U.S. $ 506.25 This amount will be part of a larger monthly payment required by the Security Instrument that shall be applied to principal, interest and other items in the order described in the Security Instrument. This amount may change in accordance with Paragraph S(E) of this Note. 5. IN7'I;REST RA7'r ANI) MON'1'HI,Y PAYMENT CHANGES (A) Change Date The interest rate may change on the first day of APR I L j g99 and on that day of each succeeding year. "Change Date" means each date on which the interest rate could change. 17HA Multistate Adjustablc katc Note -10195 A-590 (960 1) VMP MORTGAGE FORMS • 18001511.7' "?o. 1 .1 s Initials. I11INI11111IAII 6AihfPfi ( ( (B) The Index Beginning with the first Change Date, the interest rate will be based on an Index. "Index" means the weekly average yield on United States Treasury Securities adjusted to a constant maturity of one year, as made available by the PrAeral {reserve Board. "Current Index" means the most recent Index figure available 30 days before the Change Date. If the Index (as defined above) is no longer available, Lender will use as a new Index any index prescribed by the Secretary (as defined in Paragraph 7(B)). Lender will give Borrower notice of the new Index. (C) Calculation of Interest Irate Changes Before each Change Date, Lender will calculate a new interest rate by adding a margin of TWO AND 75/100 percentage point(s) ( 2 , 75 0 %) to the Current Index and rounding the sum to the nearest one'eighth of one percentage point (0.125`0. Subject to the limits stated in Paragraph 5(D) of this Note, this rounded amount will be the new interest rate until the next Change Date. (D) Limits on Interest Rate Changes The existing interest rate will never increase or decrease by more than one percentage point (1.0%) on any single Change Date. The interest rate will never be more than five percentage points (5.0%) higher or lower than the initial interest rate stated in Paragraph 2 of this Note. W) Calculation of Payment Change If the interest rate changes on a Change Date, Lender will calculate the amount of monthly payment of principal and interest which would be necessary to repay the unpaid principal balance in full at the Maturity late at the new interest rate through substantially equal payments. In making such calculation, Lender will use the unpaid principal balance which would be owed on the Change Date if there had been no default in payment on the Note, reduced by the amount of any prepayments to principal. The result of this calculation will be the amount of the new monthly payment of principal and interest. (F) Notice of Changes lender will give notice to Borrower of any change in the interest rate and monthly payment amount. The notice m ust be given at least 25 days before the new monthly payment amount is due, and must set forth (i) the date of the notice, (ii) the Change Date, (iii) the old interest rate, (iv) the new interest rate, (v) the new monthly payment amount, (vi) the Current Index and the date it was published, (vii) the method of calculating the change in monthly payment amount, and (viii) any other information which may be required by law from time to time. (G) FJfective Date of Changes A new interest rate calculated in accordance with Paragraphs 5(C) and 5(D) of this Note will become effective on the Change Date. Borrower shall make a payment in the new monthly amount beginning on the first payment date which occurs at least 25 days after Lender has given Borrower the notice of changes required by Paragraph 5(F) of this Note. Borrower shall have no obligation to pay any increase in the monthly payment amount calculated in accordance with Paragraph 5(E) of this Note for any payment date occurring less than 25 days after Lender has given the required notice. If the monthly payment amount calculated in accordance with Paragraph 5(E) of this Note decreased, but Lender failed to give timely notice of the decrease and Borrower made any monthly payment amounts exceeding the payment amount which should have been stated in a timely notice, then Borrower has the option to either (i) demand the return to Borrower of any excess payment, with interest thereon at the Note rate (a rate equal to the interest rate which should have been stated in a timely notice), or (ii) request that any excess payment, with interest thereon at the Note rate, be applied as payment of principal. Lender's obligation to return any excess payment with interest on demand is not assignable even if this Note is otherwise assigned before the demand for return is made. G. BORROW ER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 7. BORROWER'S FAILURETO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of FOUR percent ( 4.0 %) of the overdue amount of each payment. 590 t9nott Pw• .i 3 Uitisls:1J`t%1 17- NT91 5144370-863 (11) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means theSecretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbiirsemenf at'the same rate as the principal of this Note. 8. WAIVf3RS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. ). GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a noticeof Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 10. OBLIGATIONS 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 person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights tinder this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note, u erv BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. E WW, (Seal) (Seal) ES E. GALLAGHE -Borrower -Borrower (Seal) (Seal) -Borrower -Burrower (Seal) (Seal) -Borrower -Burrower (Seal) (Seal) -Borrower -Burrower (me 590 roeo a Pq6 3 of 3 WITHOUT RECOURSE, PAYM THE ORDER OF NORTH AMERIGM BY Cowvdon maim %NW A ALL THAT CERTAIN lot or tract of land situate in the Township of Monroe, County of Cumberland, and State of Pennsylvania, more particularly bounded and described according to the survey of Gerrit J. Betz, Registered Surveyor, dated March 26, 1985, as follows, to wit: BEGINNING at a nail in the center of Pennsylvania Route 74 leading from York to Carlisle, at the corner of land now or late of N. David Keefer, Jr. and Jean L. Keefer, his wife; thence along the center of said road South 73 degrees 45 minutes 00 seconds East a distance of 44.55 feet to a nail in said road; thence South 21 degrees 45 minutes 00 Seconds West a distance of 267.79 feet (incorrectly stated as 265.55 feet in previous deed) to a pin; thence North 71 degrees 00 minutes 00 seconds West a distance of 44.40 feet to a pin; thence North 21 degrees 45 minutes 00 seconds East a distance of 265.65 feet to a nail, the point and place of BEGINNING. CONTAINING 43 perches, strict measure. (5A,*bi /-, e" ?cne0?(eg?J 00T`aII ET g lraation T-958 P.001/002 F-881 Midland M ortgage CO. P.O . Box 26649 140V 0 klahom a C ity, 0 klahom a Ph..nc (S 00) 55:•3000 Fax t{05) 316.173° NOTICE Or TNTENTION TO FORECLOSE AM] ACCFLERATE ?LOAN BALANCE tJNDLR SECt'1[.)N IU3 OF PENNSYLVANIA ACT NO. 6 OF 1974 DATE; 09/05/06 TO: JAMES E GALLAGHER 1241 YORK RD MECHANICSBURG, PA 17055-9769 RE: MMCt 50601949 FRANAWIN 4415542401729 Dear Mortgagor(s): Midimid Mortgage Company is The holder of a Mortgage and a Note on the above premises, or is the motlgane-servicing agent for such holder, As of the date of this notice, THE MORTGAGE IS IN DEFAULT STATUS because of non-pavtnent of the following: Payments, late charges, and advances from 05101106 through 09/05/06. The weal amount now required to cure the dr4ault, or in other words ro get cauthr up on your paymrnTS, IS $3,523,29. All payments referred to in this notice must be in the form of Cashier's or C:erd ied Check made p.lyuhlr to Midland Mortgage Company and must be received it; Midland Mortgage Company P O Box 268888 Oldsthema City, OK 73126-8888 not later dean the dates and vimes specified herein. In the e?-em payment (as specified in the proceeding parq;raph) ib out made WITI-I IN THIRTY (30) DAB'S ri'om the date ofthls 1enr, it is the ig4omion of lho huldcr of the murtba?-lt, fhruul;h this rotllpany, to accelcrutc (declare due and payable immediately the entire loan) the mortgage obligation and sll other lawful charges and instruct our arromey to insduite MORTGAGE FORECLOSURE PROCEEDING. (A) If you wish to CURE THE DEFAULT within thirty (30) days from the date of this letter, you must pay the TOTAL AMOUNT DUE" staved above, plus an additional monthly installment il'payment is made after the l" day of fete next month, phis an additional late charge if due at time of payment and not included above, A LATE CHA'ROF is due with cash mortgage payment that is paid inure than Fifteen (15) days after the due date. Your current monthly installment is ?G75,a0. (B) If payment is made AFTER TWRTY (30) DAYS from ilia data of this Jeerer, bul BEFORE FORECLOSURE PROCEEDING has been started, the amount you twill have m pay will alto C ('tck here to unlock TaIIPDF.NET lam` x? 1 61 •? (?C ?? L? Y <,enetj0MW06311W'g,WET ation T-958 P. 002/002 F-881 include the regular monthly installments and fate charges then due, plus, if incurred, any ATTORNEY'S FEE OF NOT MORE THAN $50,00 and any title report costs, which at91oun1 Batt be obtained by contacting Midlatld Mortgage Company at 1-800-552.3000, extension 1799. APTER FORECLOSURE PROCEJEDINC TIAS BERN ST'ARTE'D, you have the right to STOP' t112 foreclosure action any time up to ONE (1) HOUR BEFORF the commencement of the SIiER1FF'S SALE by paying the entire amount due at the time, which shall include all delinquent installtnenrs and unpaid late charges, together Willi REASONABLE LEGAL FEES ACTUALLY INCURRED, cn;t and other sums related to The foreclosure action, which amount can be obtained by contacting Midland wlortgaip: Company at I-500.552-3000. Shuuld you FAIT, to reinstate the loan as outlined above, the mortgage premises will be SOLD AT SHERIFF'S SALE, which will take place approximately seven (7) to eleven (11) weeks toilou•ing SERVICE u( die CortrpLiint in Mortgage Foreclosure, at which time your OWNERSHfP interest in mortgaged premises will be TERMiNXI'EI), and thereafter, if occupied, peocoodings will be taken io OBTAIN POSSESSION of the real estate. You have the right to REFINANCE THE LOAN with another lending institution of TRANSFER THE PROPERTY to another person, under and subject to the existin` murlgage. Thar person will hsive the SAME RIGHT TO CURE THE DEFAULT as you have, subject to the attme limitation and ra?{uir? than ts. You may CURE DEFAULTS up to three (3) times in any calendar year, Upon cuure ol'a default you will b4 in the same position as if there had been NO DECAULT. A default may be cured by ANYONE. on your behalf, Sincerely, Midland Mortgage Company C:oI lecrion Department -!ic,k here to unlock TaIIPDF.NET COMPANY NAME: MIDFIRST BANK VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated Title_ ___??j? - BSI . 7 ¦ i w SHERIFF'S RETURN - REGULAR CASE NO: 2006-06349 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIDFIRST BANK VS GALLAGHER JAMES E KENNETH E: GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GALLAGHER. JAMES E the DEFENDANT' , at 2048:00 HOURS, on the 16th day of November , 2006 at 1241 YORK ROAD MECHANICSBURG, PA 17055 by handing to JAMES GALLAGHER 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 9.68 Affidavit. .00 So Answers: Surcharge, 10.00 R. Thomas Kline .00 37.68,/ 00/00/0000 I?ou10` Sworn and Subscibed to By: before me this day of A.D. SHERIFF'S RETURN - NOT SERVED CASE NO: 2006-06349 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MIDFIRST BANK VS GALLAGHER JAMES E R. Thomas Kline , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the with _n named DEFENDANT to wit: TENANT/OCCUPANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , TENANT/OCCUPANT 1241 YORK ROAD MECHANICSBURG, PA 17055 NO OTHER TENANT/OCCUPANT NOT SERVED , as to Sheriff's Costs: So swe Docketing 6.00 Service 9.68 _ Affidavit .00 Tomas Kline Surcharge 10.00 eri of Cumberland County 25 _ 68 _f 00/00/0000 Sworn and Subscribed to before me this day of A. D. MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. JAMES E. GALLAGHER, DEFENDANT(S) CIVIL ACTION LAW NO. 2006-06349 MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) JAMES E. GALLAGHER 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 $73,801.74 Interest $2,811.96 Per diem of $13.14 From 04/01/2006 To 11/01/2006 Late Charges $162.06 ($27.01 per month to 11/01/2006) Escrow Deficit $352.26 5% Attorney's Commission $3,690.09 TOTAL $80,818.11 "Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG & By _ :/ Le?Haller PA I.D. 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 # 15700 C? Fri -a r1 Co j _ i MIDFIRST BANK, PLAINTIFF Vs. JAMES E. GALLAGHER, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2006-06349 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on December 13, 2006 I served the Ten Day Notice required by Pa. R.C.P. on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. By Leon P.yA I.D. # 15700 Attorne for Plaintiff Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 MIDFIRST BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2006-06349 JAMES E. GALLAGHER Defendant DATE OF THIS NOTICE: December 13, 2006 TO: JAMES E. GALLAGHER 1241 YORK ROAD MECHANICSBURG, PA 17055 CIVIL ACTION LAW IN MORTGAGE FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICE TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 PURCELL, KRUG & LEON PP??ER, Attorney for Plaintiff I.D. # 0 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. JAMES E. GALLAGHER, DEFENDANT CIVIL ACTION LAW NO. 2006-06349 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS 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 i before me this day of 20 T i HALLER, ESQUIRE blic ' °'JN* O dydEAUi- 0r 1--LNNz IOA111t NOTARIAL SEAL MARYLAND K. FERRETTI, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Aug. 8, 2010 C? QXIN f-i op ?i a d f V 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2006-06349 MIDFIRST BANK, VS. PLAINTIFF JAMES E. GALLAGHER, DEFENDANT(S) Total Judgment Amount $80,818.11 / Interest $2,956.50 Per diem of $13.14 to sale date 6/13/2007 Late Charges $189.07 $27.01 per month to sale date 6/13/2007 Escrow Deficit $2,000.00 TOTAL WRIT $85,963.68 *Plus additional interest, late charges and other costs to date of sheriffs sale. SALE DATE: Wednesday, June 13, 2007 (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 c Date: January 5, 2007 Attorney for Plaintiff 1719 North Front Street L Haller Harrisburg, PA 17102 A I.D. #15700 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: SS 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 1241 YORK ROAD MECHANICSBURG, PA 17055 Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY t-a ?r? co t ALL THAT CERTAIN lot or tract of land situate in the Township of Monroe, County of Cumberland, and State of Pennsylvania, more particularly bounded and described according to the survey of Gerrit J. Betz, Registered Surveyor, dated March 26, 1985, as follows, to wit: BEGINNING at a nail in the center of Pennsylvania Route 74 leading from York to Carlisle, at the corner of land now or late of N. David Keefer, Jr. and Jean L. Keefer, his wife; thence along the center of 'said road South 73 degrees 45 minutes 00 seconds East a distance of 44.55 feet to a nail in said road; thence South 21 degrees 45 minutes 00 seconds West a distance of 267.79 feet (incorrectly stated as 265.55 feet in previous deed) to a pin; thence North 71 degrees 00 minutes 00 seconds West a distance of 44.40 feet to a pin; thence North 21 degrees 45 minutes 00 seconds East a distance of 265.65 feet to a nail, the point and place of BEGINNING. CONTAINING 43 perches, strict measure. HAVING THEREON ERECTED A DWELLING KNOWN AS 1241 YORK ROAD MECHANICSBURG, PA 17055 BEING THE SAME PREMISES WHICH Randy Scott King and Kristen Fawcett King by deed dated 11/21/97 and recorded 11/24/97 in Cumberland County Deed Book 168 Page 339, granted and conveyed unto James E. Gallagher. TO BE SOLD AS THE PROPERTY OF JAMES E. GALLAGHER ON JUDGMENT NO. 2006-06349 ASSESSMENT NO. 22-11-0280-035 t/ 0 n n ?. r ?rs-t . . F^ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-6349 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDFIRST BANK Plaintiff (s) From JAMES E. GALLAGHER, 1241 YORK ROAD, MECHANICSBURG PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due 80,818.11 L.L. $30 Interest $13.14 PER DIEM TO 6/13/07 Atty's Comm % Due Prothy $1.00 Arty Paid $147.36 Other CostsLATE CHARGES $27.01 PER MONTH TO 6/13/07: ESCROW DEFICIT - $2,000.00 Plaintiff Paid Date: JANUARY 8„ 2007 (Seal) REQUESTING PARTY: Name LEON P. HALLER, ESQ. Address: 1719 NORTH FRONT ST. HARRISBURG PA 17102 Attorney for: PLAINTIFF Telephone: (717) 234-4178 Supreme Court ID No. 15700 MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. JAMES E. GALLAGHER, DEFENDANT(S) CIVIL ACTION LAW NO. 2006-06349 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 1241 YORK ROAD MECHANICSBURG, PA 17055: 1. Name and address of the Owner(s) or Reputed Owner(s): JAMES E. GALLAGHER 1241 YORK ROAD MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN Tuckey Restoration Inc. 12 Stover Drive Carlisle, PA 17013 Tuckey Restoration Inc. c/o Michael R. Rundle, Esquire 9 N. Hanover Street Carlisle, PA 17013-3014 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Citifinancial, Inc. 6520 Carlisle Pike Suite 155 Mechanicsburg, PA 17055 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 1241 YORK ROAD MECHANICSBURG, PA 17055 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief I understand that false statements herein are roade--ffijbject to the penalties of 1S PA C. S. Section 4904 relating to unsworn falsification to authorit' )ae? . aller PA I.D. #15700 rcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4175 DATE:January 5, 2007 Ti MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. JAMES E. GALLAGHER, DEFENDANT(S) TAKE NOTICE: CIVIL ACTION LAW IN MORTGAGE FORECLOSURE NO. 2006-06349 NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, June 13, 2007 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 1241 YORK ROAD MECHANICSBURG, PA 17055 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2006-06349 JUDGMENT AMOUNT $80,818.11 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: JAMES E. GALLAGHER A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN lot or tract of land situate in the Township of Monroe, County of Cumberland, and State of Pennsylvania, more particularly bounded and described according to the survey of Gerrit J. Betz, Registered Surveyor, dated March 26, 1985, as follows, to wit: BEGINNING at a nail in the center of Pennsylvania Route 74 leading from York to Carlisle, at the corner of land now or late of N. David Keefer, Jr. and Jean L. Keefer, his wife; thence along the center of said road South 73 degrees 45 minutes 00 seconds Bast a distance of 44.55 feet to a nail in said road;.thence South 21 degrees 45 minutes 00 seconds West a distance of 267,79 feet (incorrectly stated as 265.55 feet in previous deed) to a pin; thence North 71 degrees 00 minutes 00 seconds West a distance of 44.40 feet to a pin; thence North 21 degrees 45 minutes 00 seconds East a distance of 265.65 feet to a nail, the point and place of BEGINNING. CONTAINING 43 perches, strict measure. HAVING THEREON ERECTED A DWELLING KNOWN AS 1241 YORK ROAD MECHANICSBURG, PA 17055 BEING THE SAME PREMISES WHICH Randy Scott King and Kristen Fawcett King by deed dated 11/21/97 and recorded 11/24/97 in Cumberland County Deed Book 168 Page 339, granted and conveyed unto James E. Gallagher. TO BE SOLD AS THE PROPERTY OF JAMES E. GALLAGHER ON JUDGMENT NO. 2006-06349 ASSESSMENT NO. 22-11-0280-035 N ? C? cr.- ` ; {n Leon P. Haller Purcell, Krug & Haller 1719 N. Front Street Harrisburg, PA 17102-2392 (717) 234-4178 Ihaller(o),pkh.com MIDFIRST BANK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. JAMES E. GALLAGHER, NO. 2006 - 6349 Civil Defendant IN MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY: Please mark the judgment entered in the above captioned matter satisfied of record, because the Mortgage has been reinstated and the default cured. PURCELL, KRUG & L,p6n P. Haller ID #15 Attorney for Plaintiff Date: July 17, 2007 C? =?--' --- ?_._ - c ? `„-,, _ _ ? 3_.? ?? T' (~) y . -? ' .:" 1 t? ?? ?y Midfirst Bank VS James E. Gallagher In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-6349 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Leon P. Haller. Sheriff's Costs: Docketing $30.00 Advertising 15.00 Posting Handbills 15.00 Poundage 11.85 Levy 15.00 Mileage 17.28 Law Library .50 Prothonotary 1.00 Share of Bills 16.17 Law Journal 355.00 Patriot News 107.64 Surcharge 20.00 $ 604.44 So Answers: R. Thomas Kline, Sheriff BY(j Real Estate ergeant ? 4,Jaa/6 11 7^ ?? 5 g f361 ?,, ?43?s 9 . R • J MIDFIRST BANK, vs. PLAINTIFF JAMES E. GALLAGHER, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2006-06349 a V IN MORTGAGE FORECLOSURE ;?N 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 1241 YORK ROAD MECHANICSBURG, PA 17055: Name and address of the Owner(s) or Reputed Owner(s): JAMES E. GALLAGHER 1241 YORK ROAD MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN Tuckey Restoration Inc. 12 Stover Drive Carlisle, PA 17013 Tuckey Restoration Inc. c/o Michael R. Rundle, Esquire 9 N. Hanover Street Carlisle, PA 17013-3014 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Citifinancial, Inc. 6520 Carlisle Pike Suite 155 Mechanicsburg, PA 17055 f . • Y 1 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANVOCCUPANT 1241 YORK ROAD MECHANICSBURG, PA 17055 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are e bject to the penalties of 18 PA C.S. Section 4904 relating to unworn falsification to authorit' / ?Haller PA I.D. #15700 Pcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: January 5, 2007 MIDFIRST BANK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA vs. JAMES E. GALLAGHER, DEFENDANT(S) TAKE NOTICE: CIVIL ACTION LAW NO. 2006-06349 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, June 13, 2007 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 1241 YORK ROAD MECHANICSBURG, PA 17055 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2006-06349 JUDGMENT AMOUNT $80,818.11 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: JAMES E. GALLAGHER A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN lot or tract of land situate in the Township of Monroe, County of Cumberland, and State of Pennsylvania, more particularly bounded and described according to the survey of Gerrit J. Betz, Registered Surveyor, dated March 26, 1985, as follows, to wit: BEGINNING at a nail in the center of Pennsylvania Route 74 leading from York to Carlisle, at the corner of land now or late of N. David Keefer, Jr. and Jean L. Keefer, his wife; thence along the center of said road South 73 degrees 45 minutes 00 seconds East a distance of 44.55 feet to a nail in said road;.thence South 21 degrees 45 minutes 00 seconds West a distance of 267.79 feet (incorrectly stated as 265.55 feet in previous deed) to a pin; thence North 71 degrees 00 minutes 00 seconds West a distance of 44.40 feet to a pin; thence North 21 degrees 45 minutes 00 seconds East a distance of 265.65 feet to a nail, the point and place of BEGINNING. CONTAINING 43 perches, strict measure. HAVING THEREON ERECTED A DWELLING KNOWN AS 1241 YORK ROAD MECHANICSBURG, PA 17055 BEING THE SAME PREMISES WHICH Randy Scott King and Kristen Fawcett King by deed dated 11/21/97 and recorded 11/24/97 in Cumberland County Deed Book 168 Page 339, granted and conveyed unto James E. Gallagher. TO BE SOLD AS THE PROPERTY OF JAMES E. GALLAGHER ON JUDGMENT NO. 2006-06349 ASSESSMENT NO. 22-11-0280-035 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N006-6349 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MIDFIRST BANK Plaintiff (s) From JAMES E. GALLAGHER, 1241 YORK ROAD, MECHANICSBURG PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due 80,818.11 L.L. $.50 Interest $13.14 PER DIEM TO 6/13/07 Atty's Comm % Due Prothy $1.00 Atty Paid $147.36 Other CostsLATE CHARGES $27.01 PER MONTH TO 6/13/07: ESCROW DEFICIT - $2,000.00 Plaintiff Paid Date: JANUARY 8„ 2007 (Seal) REQUESTING PARTY: Name LEON P. HALLER, ESQ. Address: 1719 NORTH FRONT ST. HARRISBURG PA 17102 Attorney for: PLAINTIFF Telephone: (717) 2344178 Supreme Court ID No. 15700 C rtis R. Long, Pro onotary By: 3r"' J D6uty Q Real Estate Sale # 67 On March 8, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA Known and numbered as 1241 York Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 8, 2007 By: r r° ? svci?? ?, Real Esta Sergeant b +1 : I I 'd b - NVP LODl 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and 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 18th day(s) of April 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#67 Sworn to and subscribed before me this 18th day of May ,007 A.D. COMMONWEALTH OF PENNSYLVRNfA Notarial Seal Terry L. Russell, Notary Public C' Of Harrisburg, Dauphin County NV Canmis,*n Expires June 6, 2010 Me er. Pe risv ani? ,association of Notaries %NARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 _. vecamw of lup-mW'74 bft ATA°TA to # YI 4N. •rirr`?.r?. ? do* fthAo two .73 afs . A PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz April 20, 2007 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. - '?-- 2,- 4?- Li Marie Co , Editor SWORN TO AND SUBSCRIBED before me this 20 day of April, 2007 n RLAL EBTATR aALS NO. 67 Writ No. 2006-6349 Civil Midfirst Bank vs. James E. Gallagher Atty.: Leon Haller ALL THAT CERTAIN lot or tract of land situate in the Township of Monroe, County of Cumberland, and State of Pennsylvania, more particularly bounded and described according to the survey of Gerrit J. Betz, Registered Surveyor, dated March 26, 1985, as follows, to wit: BEGINNING at a nail in the cen- ter of Pennsylvania Route 74 lead- ing from York to Carlisle, at the cor- ner of land now or late of N. David Keefer, Jr. and Jean L. Keefer, his wife; thence along the center of said road South 73 degrees 45 minutes 00 seconds East a distance of 44.55 feet to a nail in said road; thence South 21 degrees 45 minutes 00 seconds West a distance of 267.79 feet (incorrectly stated as 265.55 feet in previous deed) to a pin; thence North 71 degrees 00 min- utes 00 seconds West a distance of 44.40 feet to a pin; thence North 21 degrees 45 minutes 00 seconds East a distance of 265.65 feet to a nail, the point and place of BEGIN- NING. CONTAINING 43 perches, strict measure. HAVING THEREON ERECTED A DWELLING KNOWN AS 1241 YORK ROAD, MECHANICSBURG, PA 17055. BEING THE SAME PREMISES WHICH Randy Scott King and Kristen Fawcett King by deed dated 11/21/97 and recorded 11/24/97 In Cumberland County Deed Book 168 Page 339, granted and conveyed unto James E. Gallagher. TO BE SOLD AS THE PROP- ERTY OF JAMES E. GALLAGHER ON JUDGMENT NO. 2006-06349. ASSESSMENT NO. 22-11-0280- 035.