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HomeMy WebLinkAbout02-3377MIDFIRST BANK VS. DANA E. BERRIER Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~ ~'3'J~ CIVIL ACTION- LAW ACTION OF MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO 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 ag~mst you. You are wamed 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 PARTIC1PACION. 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,* VS. DANA E. BERRIER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 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 mount 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, VS. DANA E. BERRIER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, MIDFIRST BANK, is an Oklahoma Corporation, with an address of 999 N.W. GRAND BOULEVARD, SUITE 100 OKLAHOMA CITY, OKLAHOMA 73118. 2. Defendant, DANA E. BERRIER, is an adult individual, whose last known address is 25 MAPLE DRIVE, MECHANICSBURG, PENNSYLVANIA 17050. 3. On or about, May 5, 2000, the said Defendant, executed and delivered a Mortgage Note in the sum of $75,000.00 payable to CENDANT MORTGAGE CORPORATION, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, 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 1610, Page 1059 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to MIDFIRST BANK and recorded in the aforesaid County in Mortgage Book 682, Page 2803. The Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 25 MAPLE DRIVE, MECHANICSBURG, PENNSYLVANIA 17050 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 March 01, 2002 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $18.26 per day From 02/01/2002 To 08/01/2002 ( based on contract rate of 9.000%) Accumulated Late Charges Late Charges at $34.05 From 03/01/2002 to 08/01/2002 Escrow Balance Attorney's Fee at 5% of Principal Balance TOTAL $74,071.08 $3,871.12 $101.00 $170.25 $112.17 $3,703.55 $82,029.17 **Together with interest at the per diem rate noted above after August 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 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 her within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has 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 Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 9.000% ($18.26 per diem), together with other charges and c, d nge adv ce o e los 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) 69_c / NO'rE NOTIC E: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTIvlENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. ]My 5t:~, 2000 ChX:~) ]~32,3~ 25 K~)T,~ X)~.~vzs, N:]~"]UL~CC~I~T~G, 9A, 17055 1. BORROWER'S PROMIbE TO PAY In return for a loan that i buvc rcccived. I pTomtse to pay U.S. $ ? 5,000.00 (this amount is callnd *principal*), p'iI.~ intereS~ tO [he order of the Letter. The Ler. der is Condint. Mortgage Cot'1)ornt:Lo~ · I u~mtsnd that the Lender may transfer this Note. The Lcnd~ or anyone who talens this Note by transf~ and who Lq cntifled to receive paym~ts under this Note is c ailed the 'Note Holder.* 2. Interest will be charged on un~d princip~ until the t~H an~unt of principal has been paid. ] will pay interest at a yearly rate of ~. ~00 ~. rne intoner rate requi~,! by this Section 2 is ~ rate I will p~y both before and after any default dcsen'bed in Snctl nn 6(B) of this Note. 3. PAYMI~TS (A) Time and Place of' ~aymmts [ will pay principal mci ntcrest by making payments cv~y n~mth. Iwillmakcmymomillypaymcntsonthc 0:Imf: dayefcachmoothbeg~nnlngon 0'unto 1mt: 2000 . I 'will ma~ these payments every month until I l~tve paid all of the principal and interest and any oth~ char~es close,bed bcinw that I ma~ ,)we under this Note. My monthly i,aymcnts will be applied to internal before principal. If, on May lot:, 2030 , ! still owe ammm~ unda' this Note, I will pay those amounts in full on thut date, whic~ is called thc "Maturity Date." [ will make my moothly paymenls at 3000 LemdenJ~].'l ~to&cl llotuxt: Lnu3.'el, N,~ 09054 or at a differcnt placc if r~tuJn~l by ~he Note Ilo}der. {B) Amount of Monthly My nlonL~ily payment w H be in the amoun': of U.S. S 603 .,I 7 4. BORROWF. R'S RIGI-rF 'FO PREPAY [ have tl~: right to nolle payments of principal at any time before they are due. A payment of pi~]cipal only is known as a *prepayment. * When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepa!,mcot or pafltal pa..payments without payin~ any prepayment cbu~c. The Note Holde/will use all of my prepayments to reduce the amount of principal that I owe u:tder lhis Note. If I make a partial prepayment, there wiii be no changes Jn the due date or in the amount ofnty monthly paymerl un]ess the Note HoMer anrees itt writing to thoan changes. $. LOAN CHARGES If a law, which appiic~ to this loan and which scts maxiTmm loan charges, is tinnily interpreted so that the interest or othm* loan ch3rge~ collected or to be collected in conuect~oll with ~ loan c~___,~__ the permitted llmks, than: (i) any such ~harge ~hnll be rcthtc~l by th,.. amotmt ~ to redtl(x: th~ cha]~ to the iM~311itted limit: and (ii) any sums aL, cady collected from me which ~__,_'~__,~___ed pcrn~ttecl limits will bu refundcd to mc. The Note Holder may choose to make this retired by reducin~ the j)~inei~al I owe trader this Note or by mn¥ing a diran~ pa~]unt to me. If a refund reduces principal, the rcduotion 6. BORROWER'S FAILURE TO PAY AS RF_~UIRED iA) Lore Charge for O),ordue hym,.nh~ [f the NOIC Holder has not received thc f~l amotmt of any nit Tnhl~ payment by the cad or' F'I £t:onn C~clldar d,?s thc ~r__* it is duc, I will pay ~ late charge to the Note Holder. The ~.nmunt of the charge will be 4.00 % of my overdun payment. I will pay this late chm'se prompQy but only once (m eech late payment. (B) Def.ault [f I do not p~/the full a~unot of eseh monthly payment on tt · d**,' k is due, I wiii be in default. MULTtsTATE FtXED N~TE NOTI: - ~nl~t F~mlly - Fa'mia ManlFmdd~ Ma~ Unl~wm Inm~m~nnt From ~ROO 12/9~* ~-SV mnoa).~ ~mmnd~d 4/9~' ,. Original (C) Notice of Dorunlt If I am in default, the Note Holder may send me a written notice telling Ino that if I do not pay the ov~ amount by a ~ dm, .the .Note Hold? may require_ me .to pay ' .um~diat. ely the full ~-mmlt of principal which has not been paid and all me mtereat t~at I owe on that mount, flint {lam must oe at leait 30 delta ~ the date on which the notice is dellvia~! or mailed to me. (1)) No WMv~r By NMe Holder Evem if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as de.~ribed above, the Note Holder will still have the right to do so if I am in default at a later tim~, (E) IMymlmt or Note Holder's Costs a~d Expenses If thc Note Holder has r~uirnd me to pay immediately in foil as deserib~! above, the Note Holder will have the fight to be paid b~k by me for all of its costs ami expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, f~r example, reaannable attomays' fees. ?. Gn~G OF Ntrnc~.s d" U.m~. app. licabl?..law..r~qui? a ?r=,~.a. method, any ooace that =,~t b~ given to m~ ,-,der ~s Note ,,ill be given by enverlng It or oy mmlmg it Dy rirat class mall tO ~ at t~ ~ ~ al}ore or at a different address if I give tbe Nora Holder a notice of my diff~at address. Any notice that must be giv~ to tbe Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section a(A) above or at a different adding ifl am givm a notice of that diffv, xem add.ss. 8. OBLIGATION8 OF PIlRgON$ UNDER THIS NOT~ If more thin orm person signs this Note, each Ire'sen is fully and pet~mlly obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any pe~un who is a $uaran~r, surety or endorser of this Note is ~, o.bUg~,ad to .do.th. ese $~.. ^.nz p~.,~ who t~a over thru o?igatio.%ml."~S m obiigations of a gmtor, ~ or ~aloora~r of this l~ote, lS alSO obhgat~l to ~ all of the pronoses mmic m this Note. The Note Holder may enforce its rights under this Note against each person individually or agninzt all of us tOgether. This raeans that any one of us may be required to pay all of the amounts owed ureter this Note. 9. WAIVEI~ I and any other person who has obligatiuns under this Note waive the rights of prer, untment and notice of dishonor. 'P~sentment' mcens the right to r~luire the Note Holder to demand paymmt of $munnts due. 'Notice of dishonor' means the right to require the Note Holder to give notine to other persons that amounts due have not bern paid. 10. ALLONGE TO 'rns,~ NOTE If an,all .o~a.$~. providing for payment edjustmelns or for. any other su. pplemeotal information is execut~l by the Borrower together with this Note, the covenants of tha allonge shall be mcorporamd into and shall amend and supplement thc covenants of this Note as if the allonge were a part of this Note. [Check applicable box] [~] Oradoated Payment Allonge [--] Other [$1~cify] ['~ Other [Specify] 11. UNIFORM SECURED NOTE This Note is a uniform instmmem with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Tsuat or ,~mrity Deed (the ',~axtity Instrument*), dated the same rla~- as this Note, protects the Note Holder from poas~lc losses which might result if I do not Irgep the promis~ which I make in this Note. That Security Instrument describes how ami under what conthtions I may be requital to make immediate payraent in full of all amounts I owe under this Note. Some of those conditions are describnd as follows: Regulations (38 C.F.R. Pan 36) issuad under the Department of Veteran's Affairs ('V.A.') Guaranteed Loan Authority (38 U.S,C. Chapter 37) and in effect on tbe date of Io~ closing shall govern the rights, duties and linbilitice of the patties to this loan and any provisions of this Note whld~ are inconsistent with such re§ulatinus are hereby araonded nmi supplemented to conform thereto. WITNE,~ TH~ HAND(S) AND SEAIXS) OF THE UNDERSIGNED. · (Se~l) -Borrower (Se~) I~ign Original Onlyl Form 3200 12,'83 Original ,%' FirJt~nencan Title Insurance Company 8CI'IEDULE C Commitment No. 90~958 ~lfgcrn (2~J ninugeo ~e~ o~ htmdred t~n~p (~20) ~ael, to a point on 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 unswom falsification to authorities. Dated Title Ttll~ ~ ¥iee President MIDFIRST BANK, : PLAINTIFF : VS. : DANA E. BERRIER, : DEFENDANT : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 3377 IN MORTGAGE FORECLOSURE P RA E C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendant DANA E. BERRIER 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 $18.26 from 2/1/02 to 8/1/02) Accumulated late charges Late charges {$34.05 per month to 8/02) Escrow Deficit 5% Attorney's Commission $74,071.08 $ 3, 871. 12 $ 101.00 $ 170.25 $ 112.17 $ 3,703.55 TOTAL $82,029.17'* ** 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, By ~ Leon P. Haller PA I.D. 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 #15700 K:/MK F/DOCS/CUM BERLA\DA NAp MIDFIRST BANK, : PLAINTIFF : VS. : : DANA E. BERRIER, : DEFENDANT : IN THE COURT OF COMMON PLEAS CUMBERLAiqD COUNTY, PEArNSYLV~kNIA CIVIL ACTION - LAW NO. 2002 3377 IN MORTGAGE PORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.] I hereby certify that on AUGUST 13, 2002 I served the Ten Day Netice required by Pa. R.C.P. 237.1 on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. Leon F. Hailer PA I.D. Attorney for Plaintiff Purcell, Krug & Hailer 1719 North Front St. Harrisburg, PA 17102 #15700 MIDFIRST BANK VS. DANA E. BERRIER Plaintiff Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3377 : CIVIL ACTION LAW : IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: August 13, 2002 TO: DANA E. BERRIER 25 MAPLE DRIVE MECHANICSBURG, PA 17050 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 PURCELL, KRUG & HALLER, 5: By~ ' . '; ,.i LEON P. HALLER, Attorney for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 MIDPIRST EANK, VS. DANA E. BERRIER, PLAINTIFF : DEPENDANT : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 3377 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. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant(s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed : before/me this /6~ day : of ~/ 20 ~l NOTARIAL SEAL MARYLAND K. FERRETTI, Notary Public Lower Paxton Twp., Dauphin County My Corem ssion Exp res Aug, 8, 2006 LEON P. HALLER, ESQUIRE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAiXlIA CIVIL DIVISION - LAW AT NO. 2002 3377 HIDFIRST BANK, PLAINTIFF VS. DANA E. BERRIER, DEFENDANT(S) TOTAL AMOUNT OF JUDGMENT $82,029.17 Interest at $18.26 per diem to sale date $ 2,282.50 Late charges at $34.05 per month to sale date $ 102.15 Escrow Deficit $ 2,000.00 TOTAL $86,413.82' *SALE DATE: WEDS.,DEC. 4, 2002 (PROTHONOTARY'S USE) Plaintiff Attorney Sheriff This Writ PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183 TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. Date: September 10, 2002 Attorney for Plaintiff 1719 North Front Street Leon P. Haller Harrisburg, PA 17102 PA I.D. #15700 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND : TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and cests in the above captioned case, you are directed to levy upen and sell the property described in the attached description known as 25 MAPLE DRIVE, MECHANICSBURG, PA 17050. Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY K:!M KF!DOCS\CU M B E RLA\DA NA W ~ I I ' © ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pem~sylvania, bounded and described in accordance with a survey and plan thereof, dated November 28, 1969, prepared by Roy M.II. Benjamin, Professional Engineer, as follows: BEGINNING at a point on the eastern linc of Maple Drivc, said point being sixty-eight and thirteeu hundredths (68.13) feet in a southerly directiou fi'om tile southeastern corner of the intersectioo of M'aple Drive (50 R:et wide unnamed street); thence North eighty-one (81) degrees fifteen (15) mimltes East one hundred twenty (120) R:et to a point; thence South eight (8) degrees tbrty-five (45) minutcs least sixty-two (62) fcct to a point; thence South eighty-one (81) degrees fifteen (15) minutes West one hundred twenty Ii:et (120) feet to a point on the easteru line of Maple Drive; thence along the eastern line of Maple Drive, North eight (8) degrees forty-five (45) minutes West sixty-two (62) feet to a point, the place of BEGINNING. HAVING THEREON ERECTED A RESIDENTIAL DWELLING HOUSE KNOWN AS 25 MAPLE DRIVE, MECHANICSBURG, PENNSYLVAxNIA 17050. BEING THE SAME PREMISES WHICH Richard B. Stambaugh and Shirley A. Stambaugh by deed dated 4/29/00 and recorded in Deed Book 220 Page 864, granted and conveyed unto Dana E. Berrier. TO BE SOLD AS THE PROPERTY OF DANA E. BERRIER (NOW BY MARRIAGE KNOWN AS DANA E. DAiqNER) ON JUDGMENT NO. 2002 3377. ASSESSMENT: 38-19-1610-058 MIDFIRST BANK, VS. DANA E. BERRIER, PLAINTIFF : DEFENDANT : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 3377 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.] 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 25 MAPLE DRIVE, MECHANICSBURG, PA 17050: 1. Name and address of the Owner(s) or Reputed Owner(s): Dana E. Berrier n/k/a Dana E. Danner 25 Maple Drive Mechanicsburg, PA 17050 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: 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: UAIKNOWN 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 ... Steve Danner 25 Haple Drive Mechanicsburg, PA 17050 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets 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 nsworn falsification to authorities. ~ Leon P. Hailer PA I.D. #15700 Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 {717) 234-4178 DATE: September 10, 2002 HIDFIRST BANK, VS. DANA E. EERRIER, PLAINTIFF : DEFENDg~T : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 3377 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF RRA?. ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 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: Commissioner's Hearing Room 2nd Floor 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 25 MAPLE DRIVE MECHANICSBURG CUMBERLAND COUNTY PENNSYLVANIA sold is: THE JUDGMENT in the amount of $82,029.17 under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2002 3377 is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property DANA E. BERRIER 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 YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT M~Ay CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN T(; PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: ] · You may file a petition with the Court of Common Pleas of the w]thzn County to open the judgment if you have a meritorious defense against the person or company that has entered judgment aqalnst you. You may also file an petition with the same Court if ye~ are aware of a legal defect in the obligation or the procedure used i~qai, nst 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 ALL TIIAT CERTAIN piece or parcel of land situate in Silver Spri~g Township, Cumberland County, Pennsylvania, botmded and described in accordance with a survey and plari thereof, dated November 28, 1969, prepared by Roy M.II. Bel~jamin, Pmfcssio~ml Engineer, as Fo/lo~vs: IIEGINNING al a point on the caslcm linc of Maple Drive, said point being sixty-eight aud thirteeu hundredths (68.13) leer in a southerly dircction fi'om the southeastern corner of~he intersection of Maple Drive (50 It:et wide unnamed slreet); thence North eighty-one (81) degrees fifteen (15) m inates East one hundred twenty (120) l~2et to a point; thence Sonlh cighl (8) degrees Ibrty-five (45) mlnutcs East sixty-two (62) Feet to a point; thence South eighty-one (8 I) degrees Iii/eon (15) minutes West one hundred twenty leer (120) t'ect lo a point on the eastern line of Maple Drive; theuce along the easlem line of Maple Drive, North eight (8) degrees forty-five (45) minutes West sixty-two (62) Feel to a point, thc place of BEGINNING. HAVING THEREON ERECTED A RESIDENTIAL DWELLING HOUSE KNOWN AS 25 MAPLE DRIVE, MECHANICSBURG, PENNSYLVANIA 17050. BEING THE SAME PREMISES WHICH Richard B. Stambaugh and Shirley A. Stambaugh by deed dated 4/29/00 and recorded in Deed Book 220 Page 864, granted and conveyed unto Dana E. Berrier. TO BE SOLD AS THE PROPERTY OF DANA E. BERRIER (NOW BY MARRIAGE KNOWN AS DANA E. DAixlNER) ON JUDGMENT NO. 2002 3377. ASSESSMENT: 38-19-1610-058 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO02-3377 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 DANA E. BERRIER, 25 MAPLE DRIVE, MECHANICSBURG, PA 17050 (1) You are directed to levy upon the property &the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) Y°u are als° directed t° 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 ai~achment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivenng any property of the defendant (s) or otherwise disposing thereof; (3) If pr°perry °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 DueS82,029.17 L.L. $.50 Interest AT $18.26 PER DIEM TO SALE DATE $2,282.50 LATE CHARGES AT $34.05 PER MONTH Atty's Comm % Due Prothy Atty Paid $111.90 Plaintiff Paid $1.00 Other Costs ESCROW DEFICIT $2,000.00 Date: SEPTEMBER 11, 2002 (Seal) REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PA 17102 CURTIS R. LONG Protho~ry Deputy Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700