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Home My WebLink About94-05521 I I \ I/} tJl ;1i ;I" , :s ~ I ~ ~ ~ ( j ! J - ('6 l() lO " , L- a- / " ' 0, <:::1 ~ ~ ~ 5 G 0 ...; v; :r :r .. .. -:r en . I ~ ..... ..... '" ~ ~ r:"'1 t-...-J "- .... VI e , ~... , o I -. .!.'fl "\ ,.. .) '7" J ~s'j .: ~. .h, . ., . - , ~ ~~ ~ ~ ~ ~~ H ~ ?it . . ~ . I 3 . ~ 5 ~ E-<H ~~: < H~ Ul ~ 5 !. ~~ ~3 g; ]~ . . d . . 3 '; t.J~ ...:i !!l 15 ~ ~! ~ <" UJ . WoO: ~ :joO: H ~ ~! uu H i ~~ coo.; VS. BURT C. LIESS and PATRICIA A. LIESS I IN THE COURT OF COMMON PLEAS I ~UMBERLAND COUNTY, PENNSYLVANIA I I I I NO. fJ'I- Ii"- oJ I 6~i.I 7J<-~",- NAVY FEDERAL CREDIT UNION plaintiff . . Defendants I CIVIL ACTION - LAW I I IN MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claime set forth in the following pages, you muet take action within twenty (20) days after this Complaint and Notice are served, by entoring 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 againet you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may loee 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. COURT ADMINISTRATOR FOURTH FLOOR CUMBERLAND COUNTY COURT HOUSE SOUTH HANOVER STREET CARLISLE, PA 17013 TELEPHONE (717)240-6200 TELEPHONE (717)299-8041 NOT I C I A Le han demand ado a usted en la corte. Si usted quiere defenderse de estas dernandas expueetas en las paginae siguientee, ueted tiene viente (20) dias de plazo al partir de la fecha de la dernanda y la notificacion. Usted debe preeentar una apariencia eecrita 0 en pereona 0 por abogado y archivar en la corte en forma escrita eUs defeneas 0 sus objeciones alas demandas en contra de su persona. See avisado que ei usted no se defiende, la corte tomara rnedidas y puede entrar una orden contra ueted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. usted puede perder dinero 0 ~ue propiedades 0 otroe derechoe importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATEMENTE. SI NO TIENNE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVIcIO. VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFIcINA CUYA DIREcCIONSE ENcUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ARISTENCIA LEGAL. COURT ADMINISTRATOR FOURTH FLOOR CUMBERLAND COUNTY COURT BOUSE SOUTH HANOVER STREET CARLISLE, PA 17013 TELEPHONE (717)2.0-6200 i_I NAVY FEDERAL CREDIT UNION Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. '7'/- ~-s'.21 c..~( '1':.L-. BURT C. LIESS and PATRICIA A, LIESS Defendants CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE COM P L A I N T 1. Plaintiff, Navy Federal Credit Union, is a federal credit union with an address of Post Office Box 23800, Merrifield, Virginia 22119-3800. 2. Defendants, Burt C. Liess and Patricia A. Liess, are adult individuals whose last known address is R, 0, n3, Box 264F, Newville, Pennsylvania 17241 and/or 307 Shed Road, Newville, Pennsylvania 17241. 3. On or about September 28, 1983, said Defendants executed and delivered a Mortgage Note in the sum of $47,000.00 payable to Defense Activities Federal Credit Union, (original Mortgagee), a copy oi 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, Defendants made, executed and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 737, Page 603, and Book 902, Page 822 conveying to original Mortgagee the subject premises. The mortgage was assigned to Navy Federal Credit Union, as recorded in Book 293, Page 956, on March 5, 1989. Said Assignments of Mortgage are incorporated herein by reference. 5. The land subject to the Mortgage is: R. D. #4, Box 274F, A/K/A 307 Shed Road, Newville, Pennsylvania 17241 and is more particularly described in Exhibit "B" attached hereto Formerly R.D. #3, Box 264 F. Newville, Pennsylvania 17241. 6. The said Defendants are the real owners of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on January 1, 1994 and all subsequent installments thereon, and the following amounts are due on the Mortgage: (a) Unpaid principal balance $ 44,256.87 (b) Interest at $ 15.64 per day from 12/1/93 to 9/15/94 (based on contract rate of 13.0%) 4,519.96 (c) Accumulated Late Charges at $ 20.80 per month 104.00 (d) Escrow deficit (e) 5% Attorney's Commission 407.99 350.00 TOTAL $ 49,638.82* "Together with interest at the per diem rate noted in (b) above after August 31, 1994 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 to accelerate the loan balance has been given to the Mortgagors in accordance with Section 403 of Pennsylvania Act No. 6 of 1974, but the Mortgagors have failed to reinstate the Mortgage in accordance with the provisions thereof. A copy of the Notice is attached hereto and made a part hereof as Exhibit "CO. 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assiRtance. WHEREFORE, plaintiff demands judgment in mortgage foreclosure against Defendants for the aforementioned total amount due together with interest at the rate of 13.0% ($ 15.64 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 PURCELL, KRUG By Leon H , Attorney for Plaintiff I. D. #15700 1719 N. Front Street Harrisburg, PA. 17102 (717) 234-4178 .> . , V"' ''''III ,,'HAt lltn_ l"lnl PENNSYl.VANIA ~~~~~~'~l~,...h 1~'1:11 ,l:l~ '~t USC'. A"'rlalllf 10 r,lI'"1 N,. l....,.l MuII,'p\u'l'l"tatlOlI MOnTGAGE NOTE C.uli'5le , Pennl)'IYIRI., , 47.000.00 Septemb~r 28th , 10 SJ BURT C. LIESS and PATRICIA A, LIESS, HUSBAND , h.r.lndllr c.lled lh. Mak.r, prom II" 10 ply to DEFENSE ACTIVITIES FEDERAL CREDIT UNION . corporation or..nlled and ul.tlnl under the lawa ot the United Stales of Americll . or ord.r, h."lnAIl.r d"llunttd 1\1 the Payft, the prlndllal .um ot fORTY-SEVEN THOUSAND and NO ONE-HUNDREDTHS. . . . , . . , , . Doll... ($ ~7,000.00) with Inter..' trom L1nle at the rllt, of Thirteen I)t'r c~ntum ( I ),O~.) per annum on th, unpaid balanc. until paid, Thll IAILI pl'incljtld I\nd Interest .hull bo (llyable At the omu of [)efrnM ACli...ltie5 Federal Credit Union In MechanicsburSt Pennsylvania at '2" Eau Trindlr Road or 11Irh (lInt'll a. the holder may d,.I,nat. In , rr~[ tuOl(D "I":I((N , 9Z/IOOI~ wrlllnlln monthly In.tt\lIm~nh oC HolIAfI U 119,92), comm.ncln, on the Rnt dAY ot No...emher , 19 &,lAnd on the Ilut dny IIf I!K(h month thf't~Rfter untU th. prine I- pnl .n,1 Interf'st "r. tully IInill, U(l'!:t thnt the ftnAI plIrment of the enllr. Indehtfllll'''' Itvld,nr.ed herrby, it nut IlOOn'r IlUhl, ~hl\1I bl! rlur nlllt "Kyallll! 1111 the Ilrrll dlllUr October, 2011 PrivUe,. 1I rHtlrvtd to p"pay at any Um., without premium or ref, th. enUre Ind~bl<<ln.. or Iny part th.reoF nat I... than the .mount ot one inlt.llm.nt, or One Hundf'f'd Collan ($100,00), whlch.....r" IHI, Prepaym.nt In full 111.11 be crrdlted on the d.t, ~c~lyed, P.,tl.! prepayment, oth~r th.n on an Inltlllm.nt du. datI, nHd not be crf'dlted until the nnt toll ow In, In.t.llment due date or thirty day. alt<<r lUc:h p~paym.nt, whlchevtr I. .arller, ~lmuItRn(,ullll)' with the CIH"i'ulillll IJr thilt Nolo the MRkul' hns c"crutcd nlld dellYflud to th, llny" A Morh'nRf' "l'C'llfl'11 UpOIl ('f'rlnin ,,"'m"~e'" IIltulIlt..1 In lhe COllnll lit Cumberland , Cnmmonwrlllljl lit Pell"^)'lvllllill, nWII' pnrlirlllnrly ll{O:4{'ribrll III thl' )fllrt~ltll'r. All of lh. term"', co...e- nanu, prllVlllion.'l, rnndl\ionll, lltil'ulatiunll IUlll ni/fl!f'lIl~lll" rtllllKinl'i1 III IUII.I Mortga.. to be kept and performed b)' tht' Mnku or. hueby mllfll' n 111111 at thilll N.,l.. to lhl' ""mt' utent nnd with th. um. torce nl1lll'tI'fCt M IC Ihey wl'rc fult)' IIl't Corth hPreill, 1II1IIIh,' Mnk...r l'lI\l'lIItub nntl aKr<<1 to perform the IIlm., or rAUlIIt! thft '"I11t' tn be kept nntl ptrturll1cd, "t rldl)' ill lltcllnlnlh'e with the term" "nd pro. ",.lollltherfOf, The whole or the IIrlllr1rlll "um or nny pHil Iherror, alllt of nil)' nth,'r Jum. ot money .<<ured by the Morta.,t' livcll to atcUrl! thill Note, Ahllll, torthwlth, All"" OlltiUlI ot thf' rayt. or any .ub.equ,nt hnlder thtrt'Of. become lIuo and parable imml'diately, withllul III1Ure or IlfORlAnd, If defMult llI' mad. In any Im)'mt'llt under thl", Note. And it th. ,It!fllull hI nllt mill I. Komi Jll"ior 10 th due dnte or the nexl luch Inlltnllm.nt; tit' Ilpeln thl! hnl,!,cnlng of nny .lrClIult whlrh, hy th., termll or the MortlAKe ,Iven to lI!!Cure thlll Null!', .hull entitl~ thr Itll)'l'l', or any ..ubs('()lIC'ul hullle,' Ilcrfflf, tll tlednre Ihe lIame, or any IlIut there'or, to be .Iur And Imy.,hlll', The Milker dof'8 htreb)' ellll"',"'.I' nn)' aUol'IlC')' ot RlI)' ronrt l,t rt!(onl within the Unltrd Stat.1I or elMlwhtre Iu l'JlI'I':lr rur M"kr" wilh or wilhnut II Itl'(lnmliulI flIrl!. An.1 CUllfl'lllll ju.l.ment or Judg- ment" ARAind Mid "faker in 'Avor of thE' rny.l' 01' un}" stlb-l'ilUf'lIt huhler hl'l"l'Ot, All of Any tflrm, for th, entire unpnid IJr1ncill'" of thi:. Nule, and 1\11 olh,., lIumrl ralll by the hulrier herrot to m' on behalf ot thlt MAker pursuftnllo thf' tfrRlS of Ihis Noll' or Inlcf ~fllrta'ttlle, "nd All nrrennle. of Inlere8t there- (In, together with (lid, of lul\', Altorn.y'" cOlllmlslIlolI at "OO~ fur rnlledlon, "nd " felraM of all error., on which judllmf'nl utc'ulion or execution" mA)' luut' forthwith. The Maker hereby w.I..... lh, rllthl 0' Inquisition on nil prolll.'rt)' levletl Ul)On 10 collect Ihe Indebtednl'ss evldent'td h,reb;t' and dot. ...olunt"rlly t'olUlenm lh. IIAme And authorizes the ProthonCltAry to enll'r ltut'h condemnation, and wAivea nnd nleAlIu nil I"WII, 1101\' In rorte or hereafter fnAl'tf'rl, relntlng to I!xllmption, apprahwment or .tay of uecution. . Not to f'lt:ceed SJSO.OO Th. ..rHmentll hurln conlnlned IIhl\1I bind, And lh~ bent'IHlI And ndvAnhla'tll shnll Inun to, the rUPf'Ctlve 11IC't't'21Jlllrl lfIllfl RIIJlia'1\JI ot the "artln herl'tn. Whrre\'er u~c,I, th, 1I1111ltl", numbn .hAUln- elude lht' 1.lurnl, the 1}lur~1 the slniulRr, and lhe UAt of any KI'IlII.r lIhnll bt' APllllcable In .U a'rllduL IN WITNES!'I WIlr.Rf.Or, the Maker h.u cauaed thelle pre8euh to be Ul!Cutfri und.r lIenl the dAY And ye.r nrat ahove wrltun. roa V ALl'S RErllvEU, the untlenlalll!ll, AND WifE, , . d. ,~,r- - SlanflJ, Se.led .nd DrIlY~n!d ,~._.,.~ --,.1" ......., ..(SEAL) ~~.?!3s~~=__ __~~ ~...A.).~)::::~~: THI. II To CUTin lhat thl. II the Note described In and Ifturtd by Mort,.,. of ....," da14 h...... with IfCUrtd on real estate Iltult.ln County, Commonw,.lth of Penn.yl...,.,la, N.,.,., ".."'" u... EX\lIBIl h HAW@) FEDERAL CRIDIT UNION '- In...., ."., '.lCe....t". P.O. O.J~ 23900 Merrlrleld, VA 22119-)800 8)44480895 Apr 11 14, 1994 Burt C Li... Patrie!. A Lie.. 307 Shed Road Newville FA 17241 Rei Hort9~q. Loan No. .34441-0 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Navy rederal Cradit Union (hareatter WI, UI or our.) on the prop.rty located at: Rdl] Box264f Newville PA 11341 i. in SERIOUS DEFAULT blcau.. you hay. not ..d. the monthly pay..nt. at $ 591.00 for the months at rebraary 1, 1994 through April 1, lY94. Late charg.. (and other charg..) have alIa accrued to this date in the amount at $.00. The total ..ount now required to cure this detault, or In other word., qat caught up in your paY.lnta, .. or date or this letter 1. ,,1.22'.80 . You ..oy core thla deroult within THIR1'Y PO) DAYS or the date at this letter, by paying to us the above amount at $ 1.224.tJO . plus any additional monthly paym.nts and late charge. whlch may tall due durlnq this period. Such payment must be made either by cash, caShier'. check, c.r~itild check, or mon.y order. It you do not cure the delault within THIRTY (lD) DAYS, WI intend to exercise our right to accelerate the mortgage payments. This ..ans that whatever is owing on the original amount borrowed will be considered due immediateiy and you may lo.e the chance to payoff the orIginal mortgage in monthly installment. it tull pay..nt ol the amount ot detault is not make within THIRTY (lQ) DAYS. w. also intend to instruct our attorney to start a lawsuIt to roreclo.. your mortgaged property. If the mortgage i. loreclo.ed your mortgaged property will be sold by the Sheriff to pay ott the mortgage debt. It we reter your case to our attorners, but you cure the delault betore leqal proceedings are started age nat you, you will still have to pay the reasonable attorney'. teee, actually incurred, up to $SO.OO. Ho~ever, it hqal proceeding. are started against you, you will have to pay the reasonable attorney's r... even it they are over $50.00. Any attorney'. t.e. will be added to whatever you owe us, which may also include our reasonable costs. It you cure the default within the thirty ~ay period, you will not be required to pay attorney'. t.... , "'Hie". ...... r p U, 208 822 .., Bun: e. Lit.. r.trlcia A. Li... 301 Shed Rod Newville, 'A 11241 NUln... L J . 'a.D AI' PlRF'OfWIOff' WSIRJ .. SWCWlO .10 WICXM IJrNllOPl ":?J IJ~ J \l'iALZ IUlIlI1I . . II I I.. '\ _. ~ NAW @) FEDERAL CREDIT UNION In .eplv ,.t., to lecount no. Loan No. 834448-0 continued Page 2 We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour be- fore the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other re- quirements under the mortgage). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately three months from now. A notice of the date of the Sheriff's sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 1-800-368-3657. This payment must be in cash, cashier's check, certified check or money order and made payable to: Navy Federal Credit Union, P.O. Box 23800, Merrifield, Virginia 22119-3800, ATTENTION: Mortgage Collections. You should realize that a Sheriff's sale will end your owner- ship of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEV TO PAY OFF' THE MORTGAGE DEBT, OR TO BORRO\~ MONEV FROM ANOTHER LENDING ItlSTITUTION TO PAY Off THIS DEBT. (YOU MAV HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, (AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUM- STANCES 'l'HIS RIGHT MIGHT EXIST). YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTION ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. cc: regular mail xc044/045 (n v~QL .J I. , B n L. Mlller Hea , Mortgage Collection Branch COMPANY NAMEI NAVY FEDBRAL CREDIT UNION VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subjl to the penalties of 18 Pa. C.S. Section 4904 relating to unswor faleification to authorities. ,..-"\" .- Datedl September 6, 1994 ~ By Title Assistant Treasurer , .1- f~ '. '. SHE RIFF'S RE'Ttl RN CCM10NWEALm OF PENNSYLVANIA: <XlUNI'Y OF ClMBERLAND In The Court of Common Pleas of Cumberland County, Penneylvania No. 94-5521 Civil Term Complaint in Mortgage Foreclosure and Notice Navy Federal Credit Union VS Burt C. Liess and Patricia A. Liese Robert L. Fink, Sr. . ~YIlt>>XDeputy Sheriff of Cunberland County, Pennsylvania, who being duly sworn according to law. says, that he served the within Complaint in Mortgage Foreclosure and Notice , upon Burt C. & Patricia A. Liess . . the defendant. at 12:55 o'clock P.M. zn I EDSf. on the 07 day of October , 19..i!at 307 Shed Road , Newville , Cunberland County. Pennsylvania, by handing to Burt Liess and Patricia Liese a true and attested copy of the Complaint in Mortgage Foreclosure and NO,tice and at the sarre time directing their attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's COStSI Docketing Service Affidavit Surcharge So answers I -r-:G?::~~d< _,~~ / R. Thomas Kline, Sheriff 18.00 8.96 4.00 30.96 Pd. by Atty. 10-12-94 by ~:;f 2~~~ .L Deputy Sheriff Sworn and subscribed to befure me this .k.... day of (A'&:I~ 19 9-( A.D. 1--1"I'&=.._~Jl1..ji" .;lllT<.. T . f"J Prothonotary LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATEMENTE. SI NO TIBNNE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA 0 LLAME POR TBLEFONO A LA OFICINA CUYA DIRECCIONSB ENCUENTRA E5CRITA ABAJO PARA AVERIGUAR DON DE 5E PUEDE CON5EGUIR ARI5TENCIA LEGAL. COURT ADMINISTRATOR FOURTH FLOOR CUMBERLAND COUNTY COURT HOUSE SO~tH HANOVER STREET CARLISLE, PA 17013 TELEPHONE (711)2'0-6200 NAVY FEDERAL CREDIT UNION Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS, NO, BURT C. LIESS and PATRICIA A. LIESS CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE Defendants COM P L A I N T 1. Plaintiff, Navy Federal Credit Union, is a federal credit union with an address of Post Office Box 23800, Merrifield, Virginia 22119-3800. 2. Defendants, Burt C. Liess and Patricia A. Liess, are adult individuals whose last known address is R. D. n3, Box 264F, Newville, Pennsylvania 17241 and/or 307 Shed Road, Newville, Pennsylvania 17241 , 3. On or about September 28, 1983, said Defendants executed and delivered a Mortgage Note in the sum of $47,000.00 payable to Defense Activities Federal Credit Union, (original Mortgagee), a copy of 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, Defendants made, executed and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 737, Page 603, and Book 902, Page 822 conveying to original Mortgagee the subject premises. The mortgage was assigned to Navy Federal Cred!.t Union, as recorded in Book 293, Page 956, on March 5, 1989. Said Assignments of Mortgage are incorporated herein by reference. -~.-'"'r -"' . . . -- 5. The land subject to the Mortgage is: R. D. >>4, Box 274F, A/K/A 307 Shed Road, Newville, Pennsylvania 17241 and is more particularly described in Exhibit "B" attached hereto Formerly R.D. >>3, Box 264 F. Newville, Pennsylvania 17241. 6. The said Defendants are the real owners of the land subject to the Mortgage. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on January 1, 1994 and all subsequent installments thereon, and che following amounts are due on the Mortgage: (a) Unpaid principal balance $ 44,256.87 (b) Interest at $ 15.64 per day from 12/1/93 to 9/15/94 (based on contract rate of 13.0%) 4,519.96 (c) Accumulated Late Charges at $ 20.80 per month 104.00 (d) Escrow deficit 407.99 (e) 5% Attorney's Commission 350.00 TOTAL $ 49,638.82* *Together with interest at the per diem rate noted in (b) above after August 31, 1994 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 to accelerate the loan balance has been given to the Mortgagors in accordance with Section 403 of Pennsylvania Act No. 6 of 1974, but the Mortgagors have failed to reinstate the Mortgage in accordance with the provisions thereof. A copy of the Notice is attached hereto and made a part hereof as Exhibit "C". 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify f~r assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure against Defendants for the aforementioned total amount due together with interest at the rate of 13.0% ($ 15.64 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. PURCELL, KRUG By Leon H Attor ey for Plaintiff I. D. #15700 1719 N. Front Street Harrisburg, PA. 17102 (717) 234-4178 v" '''I"' J__Uk 'II,'....' /.'~"f Pt:NN:;YLY ASIA ;;'~~~7t~I~~:"h If~:I:\t II;,: l:~ tJ s t' ",..fpl~"" '1'1 r ,JIlII !'l;l 1.......IWUIl.I..\\.".-..II"" MOHTGAGE NOTE (".1(1111(' . PennlylYlnia. , 07,QQQ,QO September 2!th . 191) roa VALl11 RI("&IVID, thl uRdulillUut BUR r c. L1E.li':) oind PA TRICIA 1\. LIE~'i. UUSBANO AND WIFE. . hUI.naU.r called the Wiker. proml.,. to pay ta DEFENSE ^C f1VITlES FEDER^L CREDIT UNION . carporaUon or.anlaed and ..laUn, und., the law. or th. United Stales 0' Anww'a ,or ord.r. h.r.in"rter de.i'lulled a. th. P.y... lht.. princ:llhal lum or FORTY-SEVEN THOUS^ND and NO ONE-HUNDREDTHS. . , . . . , . . . Doll." "01,000.00 I with lnt'nll rrom date at the rllt. or Thirteen lWr (,ntum f I J.OO;t) pit annum on lh, unpilld bllanu until paid, The laid princiPAl and Inlnul ahnlllJo rayabl. at the Oll\cl at Defense Acti....lties Ft'deral Credit Union in Mechanicsburs. Pennsylvania al '21' EaSI Trindle Road nr .urh ria,. Ai the holder may dul,nate In , I~[ 1""-0 HIN[ IU,. , .U1OOIHS..... .rltln. In monthly In.tallm.nt. or IJollau I' ~1"'J), ,ommen,ln, on lh. nUL dAY nt Nov~mher . 19 &)I\nd on the Ilut lby o( I!II(h month th'n,.,t., untlllhe prlncl. PAl and inter..t an fully )U\irl. nc('~t thAt the- I\nal pnrm.nt 01 the .nlire indeblrdueu ..id.nted h.rC'b" il lIut IOOn.r lI'nil!. "lllll b. rlU(l And pMyabl. l'lI Ih. IirJlt UAYllI Oclober, 201) Privilq. iI rHervtd W p,.pay at any Urn', .lthOut pntmlum or (ee, the mLire indpbl<<ln.. or InY put ltu....or noli.. than lit. amount or one Installm.nt. or On. Hundred Oollan ('100.00). whlch.v... iI .... Prep.yment in rull Ihall 1M crf'dlLed on Ut. daLe tft.lved. hrttal prppaymtn&, 0\1\., th.n on an inataUmen& due daw, nHid not be credited unlil th. nul roilo.in.lnatallm.nt due date or thirty da" after auch pr.paym.nt. .hkhlver it urli.r, SimultanC'uualy with the (lltl'('ul;llll ur thi" Noh the Makul" h.1ll,!llttuttlll\nd delivered 10 UUI' I'ay.. a Mnrtllfnar ~unrl llpon rt'rllun Ill,'miq, aitullhd in th. COllnl.\ u' Cumberl.nd . Cummonu'(,lIl,-" (lr 1',"nll)'lvllllill, R\IlIf' IlZutirlllnrl)' ue1\Crlbtd ill Ih. Mnrtil'n,l', All or Ih. t.rmll, ,ove- nanta, Pl'ovialonll, rondUiona, alipulKtiuna allll tUH'f'nlelll, rHntltinttl ill Anift MOI'tv;\,' tn be kept and IMrrormed by th(' !'tinker are htreby Ruutl' II IJIllt 0' thi~ Note to the anm~ .;cltnt ,',"d with Ih. lame tOrtl and .Ih" as iC th,y Wf're Cuil)' ~..t Corth h.um, anlllhr MAk", ClIunllllh And Iltr", to plrCorm lh. _rIM, ur rAUk Ih. ..un. to b. k.~t nn,1 r"'r(urlllcd. IItridl)' in Il("lll"llltllr, with the t.rm. nnd pro. "i.lona th.nor. Th. whol. of thl prindlull sum or any PHI1 Ih'n!u(. AI\lt n( allY olhf'r 'unit or mon.)' IICUnd by lb. Mort,.,. .i\'tll to .tcUt. thl' Not.. ahall. lorthwith. At thf' option 0' th, rilYU 01" any .ubllqutnt hnlder th.reoC, bacom. du~ and PA)'Able immt'dinlfly, withuut llotlce Dr dt'nlAnlt, it dd.1I1t bto mldt In Any p"'ym.nl under thi, Not., and ir lh, d,Cnull i. nllt mAli, ruud prior 10 ti'. due dAtI or thl aut .uch in.lallm.nt; 01' lIpnn th. Mllpctnin. oC An)' ll,'nult which, by tho term" oC the! Mnrt'A" .Inn to MeU'" thl" Not., IhAII .ntitl. th, PAY", or any ~ub.eqllf'llt huld'l' he"',,C. IlJ fI,t'llIre lh. "me. or an, pRrl therNC, to ~ llue! nnrt pnYKbl,. Th. Muk.r do.-. hereby 'mlJO""tr Any attorney U( AllY rOllrl "r rKotd ....ithiu the Unltt'd SLAtes nr ....wher. tu nI11lt-:lr lor .t"k..r, with or without i\ rtl"(\;Hillion IiIrd, .nd Cllllr..". JIIlI,m.nt ur Judr. m.nu a,Ainllt Mid Maker ill Cavor n( the PnYfl> or anr .ub<le1IUf'nL hohler hneor. All nf any tflrm, lor lb. .ntirt unpAid Ilrillcilllll of thill Nut., and AU oth., .um. paid by Ih, hold,r herKl( to or on behall or th, Maker ptUIUAnt to Ih, ttrnu or thi. Notl' Qr aoirl MortallM'I, And "II nneArale. or Inltrut lh,,. on. \ftt.ther with '0111 or suit, aLtorne)". commiSJioh 0' "OO~ tur ('olltcUon. and ani.... 01 all .rron. on whi,h jud,mf'nl .xecution or lucutlonJl may luu. rorthwlth. Th. Maker herR, .aly.. the rllht or Inqui.iUon on all provert)' l.vll:i1 upon to ('ollect th(l Indebtedn.u .vid.nud h.reby .nd don voluntarily cond.mn thf' ARme And lulhoriafll the rrothonolnry to Int.r luC'h ,0Ild.mnaUon, and ."i"a and r.I..... all 111.1, nQ\\' In (UfT, nr h.reaft.r .n.dld. r.latina to lumption. apprallfment or ,lay 0' .xecuti?n, . Not to exceed SlSO,OO Th. altftmcmb hertln 'onll\in~ .hall bind, and the btn.'U. and I\dvanbl'es .hl\ll Inutl to. the rupeclivI ,u(,(l'POn and a...l,n" or the parti.. hereto, Wherner ule<tl, lh. alnlular number "'aU in- clud. the plural, lh. plUrAl the .Inllllar. and the UN o( Iny .elul.r shAll be applicable to all,.nden. IN WITNUlI Wllllr.or, the Mak.r hat eau.ed these prea'lIla tn be utcuttd under aeal Ih. day and yur tir.tabov. wrIU.n. . 4-"-7~~~~ -... ..,~ fJ~ .A.,.t,~ , . ....CSEALI ......ISEALI ..... ...........CSEALI .ISEALI BiCMd, Sa.ted and o.U..red Inlbe-~.."r, <. ~ ...m........:, ..,.__....._._ .. . . ,._...... . ",..._,,_ ..~'.s... .'llJ.._,*,-:r:7+'... -'- -----. THII II To CI.Tln that thla i. the Note ducribtd in and ltCund b, "ort.a" of .nn dale h.,... with Il"CU~ on r..latat. ,Itu.t. in County. Co,nmonwealth of P.nnlJ'lvr.""'a. N.l.,., ,."'v. ..... UHIBll h. ,-.~ ALL th4l certoln tr4ct of l~nd to~ether with the 1mprOVdments ~ thereon erected altu4te .n Lower Mifflin Township, Cumberland County, PennsylvanIa. bounded And descrlbed in accordance w1th aurvey of Carl D. Bert d4t.ed March 31 , lial and being L.ot No. 103 I thereon .. foLLows: BEGINNING at an eXlstlng railroad ~plk. l1n. of Township Road T-'Ll, Shed Ro.d, at tho aouth...t corner of land of Terry ~. Mowery at ux.; thence by laid land of Terry L. Mowery at ~. North 3'- O~. 38" E..t 398.20 feat to an luchtlng iron pin 1n line of land now or Cormerly of Donn1. C. BartOl; thence by .aid land now or formerly of D.nnl. C. Bortos 5ou~h 60. 2~' 01" E..t 102.44 ,..e to an existlng tron pin at the northwest corner of land of Dougl.. J. aate. at ux.j thence by .ald land of Dougla. J. a.t.. et ux. South 31- 2~' 38" We.t '08.91 feet to an .xl.~1ng ra1lroad spike in the center I1ne of To_nahlp Road T-412j thence by the center of .aid road North 5'- 18' 36" We.t 100 fe.t to an lx.l.t1ng railroad .pik., the Place of ~glnnlng. BEING portlon. ot Lot No.. 15 and 16 on the Levi z. Vi.her Subdivi810n Plan as recorded 1n cumberland County Plan Book 35. Page II. B"fNC the ~i1ISIO premisos ul:Hcribed in a Boundary Resolution Agr.ement dated March 31, 1988 and recorded 1n the otfice of the Recorder of Deeds 1n und lor cumberlAnd County in Misc. Book J~8, page 109 wh1ch pre.1ses 1s a combination of two tracts of land a. follow.: No.1. A portion of the sume premises which Charl.. L. Ny., Sr. and Yvonne Marle Ny., his wifc, by deed dated September ~7, 1973 end racordeu 1n the Office of the Recorder of Deed. in and for Cumberland County in Deed Book otJOI, Vol. 30. Page 1078, grantftd and conveyed unto Burt C. Lies. end Petrlcla A. Liess. hls wife. the Mortgagor. herein. No.2. The aame premises which Terry L. Mowery and Karen M. Mowery, hiS wife. by quitclalm deed dated March 31. 1988 and recorded 1n the oefice of the Recorder of Deeds eCorelaid 1n Deed Book" ", Vol. Page . relea..d. remlseu and Corever quitcla11.ted unto Burt C. Li... and Patricia A. Liesd, his wife, the Mortgagor. herein. Exhib1t "A" iOoi Oll2 PAGE II?G iJ.",\\\t 2? HAW i@) FEDERAL CREDIT UNION c P.O. Box 2J800 Merrifield, VA 2~119-)800 In IIpI, "I",. .ce"""',.... 8344480895 Apr II 14, 1994 Burt C Li.,. Patricia A Li... l07 Shed Road N.wvlll. PA 17~41 R.o Hortqaq. Loan No. 834448-0 NOTICE or INTENTION TO FORECLOSE HORTGAGE The MORTGAGE held by Navy rederal Credit Union (her..tter WI, UI or ourl) on the property located atl Rdl] SoX264t Newvllle PA 11)41 1a in SERIOUS DEFAULT bleau.. you hay. not .ad. the aonthly pay..nt. ot S 597.00 for the _onth. ot 'Ibraary 1, 1994 through Aprll 1, 1994. Lat. charg.. (and other charq"J have a1.0 accrued to this data 1n the ..aunt ot '.00. The total ..ount now required to cur. this default, or 1n other worda, get cauCjht up 1n your payments, al ot data of this lettar 1, $ 1",224.80 . Yo~ .ay cor. thl. d.Ca~lt within THIRTY (30) DAYS of tho dot. of this litter, by payinq to us the above amount at $ 1.224.80 . plu. any additIonal monthly payment. and lat. charge. which may tall due during this pe~iod. Such pay.ent mUlt be made .ither by ca.h, c..hi.r'_ check, c.~~itI.d check, or money o~d.~. It' you do not cure the detault within THIRTY (30) DAYS, We intend to exercise our ~iqht to accelerate the mortgage payment.. Thi. .ean. that whatever is owing on the original amount borrowed will be con.idered due Immediately and you may 10.. the chance to pay ott the original mortgage in monthly installments it full pay.ent ot the amount ot detault 1. not Dusk. within TltIRTY PO) DAYS. We alIa intend to instruct our attorney to start a lawsuit to toreclo.. your mortgaged property_ It the mortgage il toreclosed your mortgaged property will be laId by the Sheriff to pay ott the mortgage debt. It w. reter your case to our attorneYI, but you cure the detault betore legal proceedIngs are started against you, you will Itill have to pay the rla.onable attorney' I t.es, actually incurred, up to SSO.OO. However, it leqal proceedings are Itarted against you, you will have to pay the reasonable attorney'. t... even if they are over ~50.00. Any attorney'. tees will be added to whatever you owe UB, which may also include our reasonable cost.. It you cure the default within tha thirty day periOd, you will not be required to pay attorney'. tees. / A""eLl ..." r P '1' caa ace , Bun e. Lh.. Patricta A. Lt... 101 Sh.d Road Newville, PA 17241 HUM.... L J t 'Q.e Ar Pt:nf'0fW1ON t ..sEAr.. SfAHDMO , 10 WNXM INWlOPl "9' J 't' '\ J' I ~ WALZ 1111111" . &11. IN '\ .... "..C- .rj.~,:\, I -- NAWG FEDERAL CREDIT UNION III IIply fll., 10 accoun1 no. Loan No. 834448-0 Continued Page 2 We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour be- fore the Sheriff's foreclosure sale. You may do so by paying the total emount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other re- quirements under the mortgage). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately three months from now. A notice of the date of the Sheriff's sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 1-800-368-3657. This payment must be in cash, cashier's check, certified check or money order and made payable to: Navy Federal Credit Union, P.O. Box 23800, Merrifield, Virginia 22119-3800, ATTENTION: Mortgage Collections. You should realize that a Sheriff's sale will end your owner- ship of the mortgaged property and your right to remain in it. If you continue to live in the p~operty after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF' THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING IIISTITUTION TO PAY OFF THIS DEBT. (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, (AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUM- STANCES THIS RIGHT MIGHT EXIST). YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTION ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. cc: t"egulat" mail xc044/045 Millet" Collection Bt"anch "'--,- ..- .. COMPANY NAME I NAVY FEDERAL CREDIT UNION VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subj~ to the penalties of 18 Pa. C.S. Section 4904 relating to unswor falsification to authorities. .. Dated I September 6. 1994 ~ ,. I By Title Assistant Treasurer ~ - I \ . , \ j\ 1": ~ ,. " \ NAVY FEDERAL CREDIT UNION, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. BURT C. LIESS AND PATRICIA A. LIESS, DEFENDANTS CIVIL ACTION - LAW NO. 94 - 5521 IN MORTGAGE FORECLOSURE PRABCIPB TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in favor of the Plaintiff and against Defendants BURT C. LIBSS AND PATRICIA A. LIBSS for failure to plead to the above action within twenty (20) days from the date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid Principal Balance Interest {Per diem of $15.64 from 12/1/93 to 9/15/94} Late Charges ($20.80 per month to 9/94) Escrow Deficit 5\ Attorney's Commission $44,256.87 $ 4,519.96 TOTAL $ 104.00 $ 407.99 $ 350.00 $49,638.8:Zu ** Together with additional interest at the per diam rate indicated above from 9/15/94, based on the contract rate, and other charges and costs to the date of Sheriff'. Sale. PURCELL, & HALLER ,--~ By: ~-// L on P. Haller PA 1.0.#15700 1719 North Front Street Harrisburg, PA 17102 (717) 2344-4),.-7ff / // ,// I hereby certify that the above action ~g/~~Ject to the provisions of PA Act No.6 of 1974, P.L. 13~~S~t~n 101 et seq, -' ... "-ay: Leon P. Haller :e ~ I 'Q ~ , ~ I ~ .....J .~ .... <., u..> c-.....J \.j ~ ,,.{ ~ ~ ~ ""'\ ~ . \,)... v.o \.:l ~)-.. ~~ ~ - ~ --J ~ 1 .~ .r: ~~ r:: ~r-i~ ~ -:r c:s" ,,- tl. Pl -, ~.. ---" " " VS. BURT C. LIESS AND PATRICIA A. LIESS, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94 - 5521 IN MORTGAGE FORECLOSURE NAVY FEDF.RAL CREDIT UNION, PLAINTIFF PRAECIPE FOR WRIT OF EXECUTION lM9RTGAGE FORECLOSURE) P.R.C.P. 3180-3183 TO THB PROTHONOTARY I Issue Writ of Execution in the above matter on the real estate located at R.D. #3, Box 264F (a/k/a 307 Shed Road) Newville, PA 17241 as follows: THIS WRIT $ 49,638.82 V' $ 2,705.72 $ 124.80 S 1.000.00 $ 53,469.34 Amount due per judgment Interest at $15.64 per diem from 9/15/94 to 3/8/95 Late charges at $20.80 per month 9/94 to 3/95 Escrow Deficit .. Together with any additional interest, charges and costs to the date of Sheriff's Sale. By ~ l,EON P. -ER 1.0. 1115700 ATTORNEY FOR PLAINTIFF 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Dated: December 12, 1994 Attached is a description of the real estate. ALL that certain tract of land together with the Improvements thereon erected situate In Lower Mltflln Township, Cumberland County, Pennsylvania, bounded and described In accordance with survey of Carl D. Bert dated March 31 , 1988 and being Lot No. 102 thereon .. follows: BEGINNING at an existing railroad spike line of Township Road T-412, Shed Road. at the southeast corner of land of Terry L. Mowery et ux.; thence by said land of Terry L. Mowery et UK. North 31' 02' 38" East 39a.20 feet to an existing Iron pin In Une of land now or formerly of Dennis C. Bartos; thane a by said land now or formerly of Dennis C. aartos South 80' 2S' 01" East 102.44 taat to an existing Iron pin at the northwest corner of land of Douglas J. Bates et ux.; thence by said land of Douglas J. Bates et ux. South 31' 2S' 3a" West 408.92 feet to an existing railroad spike In the center line of Township Road T-412; thence by the center of said road North S4' la' 36" West 100 feet to an existing railroad spike. the Place of Beginning. BEINO portions of Lot Nos. IS and 18 on the Levi Z. Fisher Subdivision Plan .s racorded In Cumberland County Plan Book 35, Page 11. THE DWELLING THEREON ERECTED KNOWN AS 307 SHED ROAD (A/K/A R. D. #3, BOX 274F), NEWVILLE, PA. BEING THE SAME PREMISESE WHICH Terry L. Mowery and Karen M. Mowery by deed dated March 31, 1988 and recorded in Cumberlan1 county Deed Book 1-33, Page 32 granted and conveyed unto Burt C. Liess and Patricia A. Liess. TO BE SOLD AS THE PROPERTY OF BURT C. LIESS AND PATRICIA A. LIESS UNDER CUMBERLAND COUNTY JUDGMENT NO. 94 5521. Parcel: 15-05-0413-029R " ~ commercial Credit Savings Bank 4813 Jonestown Road Harrisburg, PA 5, Name and addr.ess of every other person who has any record lien on the property: UNltNOWN 6. Name and address of every other person who has any reoord inte~e.t in the property and whose interest may be affected by the sale: UNltNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any intere.t in the property which may be affected by the sale: TENANTS IF ANY ... DOMESTIC RELATIONS OFFICE CUMBERLAND COUNTY COURTHOUSE HIGH AND HANOVER 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 k~owledge, 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 ,",.ifi"Cion fo oufhoriCi,.. ~~. Leon P. Haller PA 1.0. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ----- . . . . . ..-- - d; '''.;'~ - :"-:i .-t .:T = ...,.., W UJ = . BURT C. LIESS AND PATRICIA A. LIBSS A SCHBDULE 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 mortgage. and municipalities that are owed taxe.) 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 PLACB OF THE SALB 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 ADVICEI Court Administrator Court Administrator's Office Cumberland County Courthouse Carlisle, pennsylvania 17013 Phone (717) 249-1133 THE LEGAL RIGHTS YOU MAY HAVE AREI 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 ,; grosely inadequate price or for other proper cause. This petition . MUST BB FILBD BEFORB THE SHBRIFF'S DBBD IS DBLIVERBD. 3, A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs muet 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 1710~ (717) 234-4178 . - ALL that certain tract ot land together with the improvements thereon erected situate in Lower Mittlln Township, Cumberland County, Pennsylvania, bounded and described in accordance with .urvey of CarlO, Bert date~ March 31 , 1966 and being Lot No. 102 thereon a. follow.: BEGINNING at an existing railroad .plke line ot Town.hlp Road T-412, Shed Road, at the southeast corner of land ot Terry L. Mowery et ux.; thence by .ald land ot Terry L. Mowery et ux. North 31" 02' 38" Ea.t 398.20 feet to an existing iron pin in line of land now or formerly ot Denni. C. Bartos; thence by .aid land now or tormerly ot Denni. C. Barto. South 60" 2~' 01" Ea.t 102.44 teet to an existing iron pin at the northwest corner ot land ot Dougla. J. Bate. et ux.; thence by .aid land of Dougla. J. Bate. et ux. South 31" 2~' 38" West 40a.92 teet to an exi.t;ing railroad .pike in the centar line ot Township Road T-412: thence by the center ot .aid road North 54" 18' 36" West 100 teet to an exi.tlng raUroad .plke, the Place ot Beginning. BEING portion. ot Lot No.. 15 and 16 on the Levi Z. Fi.her Subdivi.ion Plan a. recorded in Cumberland County Plan Book 35, Page 11. THE DWELLING THEREON ERECTED KNOWN AS 307 SHED ROAD (A/K/A R. D. #3, BOX 274F) , NEWVILLE, PA. BEING THE SAME PREMISESE WHICH Terry L. Mowery and Karen M. Mowery by deed dated March 31, 1988 and recorded in CUmberland county Deed Book I-33, Page 32 granted and conveyed unto Burt C. LieBB and Patricia A. LieBB. TO BE SOLD AS THE PROPERTY OF BURT C. LIESS AND PATRICIA A. LIESS UNDER CUMBERLAND COUNTY JUDGMENT NO. 94 5521. Parcel: 15-05-0413-029R ".. Commercial credit Savings Bank 4813 Jonestown Road Harrisburg, PA 5. Name and address of every other person who has any record lien on the property: UNltNOWN 6. Name and address of every other person who has any record intere.t in the property and whose interest may be affected by the sale: UNJtNOWN 7. Name and address of every other person of whom the plaintiff has knowledge who has any intere.t in the property which may be affected by the sale: TENANTS IF ANY .., DOMESTIC RELATIONS OFFICE CUMBERLAND COUNTY COURTHOUSE HIGH AND HANOVER 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 relatin 0 unsworn falsification to authorities. ~ ~ Leon P. Hal~A I.D. #15700 purcell. Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ,; BURT C. LIESS AND PATRICIA A. LIESS A SCHBDULB 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 mortgage. 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 THB TIME AND PLACE OF THE SALE OF YOUR PROPBRTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKBN TO PAY THE JUDGHEN"l'. 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 PAPBR TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THB OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LBGAL ADVICE, Court Administrator Court Administrator's Office Cumberland County Courthouse Carlisle, Pennsylvania 17013 Phone (717) 249-1133 THE LEGAL RIGHTS YOU MAY HAVE ARB' 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 MU6T BB PILED BBFORB THE SHERIFF'S DBED IS DELIVERED. ), A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to tIle Court of Common Pleas ot the within County. The petition must be served on the attorney for the creditor or on the cr.editor 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 " A~~ that certeln tract ot lend together with the improvementa theraon arectad aituata in Lower Mifflin Townahip, Cumberland County, Pannaylvanla, bound ad and deacribed in accordance with aurvey of Carl D. Sert datad March 31 , liSS and being Lot No. lOa theraon aa fol1owa, StGINNING at an e~lstlng railroad apika lina of Townahip Road T-.IZ, Shed Road, at the south..at corner of land ot Terry L. Mowery at uJe.; thence by uld land of Tarry 1... Mowery at we. North 31' OZ' 3S" taat 39a.ZO faet t.o an axisting iron pin in line of land now or formerly of Dennia C. Bart.oa; t.henca by aeid land now or formerly of Dennia C. eart.oa Sout.h 60' 2$' 01" East. 102.44 feet. t.o an exlat.lng iron pin at t.he northwest corner of land of Dougla. J. latea et UJC.; thence by said land of Douglaa J. Batas at. UlC. South 31' Z!>' 38" West 408.92 feet. to an exlal;ing raUroad spike ln the center line of Township Road T-412; thence by t.he center of aaid road Nort.h $4' 18' 36" Weat 100 feet to an exlatlng railroa~ apika, tha Place of Beginning. BEINO port.iona oC Lot. Nos. 1$ and 16 on the Levi Z. Fiaher Subdivision Plan aa recordad in Cumberland Count.y Plan Book ~S, Paga 11. THE DWELLING THEREON ERECTED KNOWN AS 307 SHED ROAD (A/K/A R. D. #3, BOX 274F) , NEWVILLE, PA. BEING THE SAME PREMISESE WHICH TerryL. Mowery and Karen M. Mowery by deed dated March 31, 1988 and recorded in CUmberland county Deed Book 1-33, Page 32 granted and conveyed unto Burt C. Liess and Patricia A. Liese. TO BE SOLD AS THE PROPERTY OF BURT C. LIESS AND PATRICIA A. LIESS UNDER CUMBERLAND COUNTY JUDGMENT NO. 94 5521. Parcel: 15-05-0413-029R WRIT OF EXECUTION and/or ATTACHMENT COMMONWEAL TH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 94-5521 CIVIL 19 CIVIL ACTION. LAW TO THE SHERIF~ OF ____.!::.\ll'I.Jti;J.ti.,AND______COUNTY To sal'sly the debl, interest and costs due _...!:l~vy Ftodtordl Crtodit Union PLAINTIFF(S) lrom_ 3ur:.._~. dnd Pdtricid A. Litoss, R. D. #3. Box 264F (d/k/d 307 Shtod ROdd) Ntowvillto PA 17241. (I) You are di,ected to levy upon the property ollhe defendant(s) and to sell dt R, D. H3, Box 264F (d/k/d 307 Shtod ROdd) Ntowvillto DEFENDANT(S) Red1 astdtto locdttod PA 17241 (Stoto Attdchtod Ltogd1 Dtoscription) (2) You a,e also direc1ed 10 allach the p,operty of the delendant(s) nollevled upon In the possession of GAANISHEE(S) as follows: and to notijy the garnishee(s) that: (a) an allachmenl has been Issued; (b) Ihe garnlshee(s) iSlare enjoined from paying any debito or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing Ihereof; (3) If property of the defendanl(S) not levied upon an subject to allachment is found in the possession 01 anyone other than a named garnishee. you a,e di,ecled 10 notify him/he, that he/she has been added as a garnishee and is enjoined as above slaled. Amount Due 4 9 , 6 38 . 82 fIUlI 9715/94 - 318/95 @ Interesl ___$15.64 p<>r r1iml 52.705.72 Ally's Comm _ % Ally Paid $102.96 Plaintiff Paid $.50 $1. 00 L.L. Due Prolhy Other Costs Ldte charges dt from 9/94 to 3/95 $20.80 per rronth $124.80 $1,000.00 Escrow Deficit Dale: December 13, 1994 Deputy Ldwrence by: " REQUESTING PARTY: Name Leon P. Hd 1ler, Esq. Add,ess: 1719 N. Fron tSt. Hdrrisburg PA 17102 Allorney fo/: PI din t iff Telephone __Ll.!2) 234-4178 Supreme Court 10 No. _____._ .J570_0 REAL EST ATE Sf\lE No. ,. ~I,r'-' . '.~' Ii' " ",'. :.' " ...., ~) ... L. ,,,.... tp~.Q.~_ 1.,./1'1''1 ~~,-lfL./Ib ~" Ja~l~e, ~ "'T..-",~,t:n t', ".''il "1"" ,"" I_ .,;,....,./...d..1 1, .-, .' ,..! f'\'L-;'!"~'r1.,n;-: (~,.:" " .~. t ,-, .... .'~ i ,.". - . . .' I" 'f:t,,,:l'r_'" 1. .\ \.. _ I '." ',' -v'I_ '00. ' ~ ;,~..~ this writ anu t'i t1.i~ r .' . " Dale: I 2. J'I . y \f ~. ;:< ii. hj:~~&~ - i JOliN W. PURCELL HOWARD 8. KRUO LEON P. IlALLER JOHN W. PURCEll JR. VALERIE A. GUNN JILL M. WlNEKA JEFFREY C. SOTLANo LAW OFFICES PURCEll, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FORECLOSURE DEPT. FAX (717) 234-1206 JOSEPH NilILEV (HUG-1M2) ANTHONY DiSANTO Q' COUNIEL IiP,HeY tea QOVIRHOR RQAO (711) 5>>a3I December 21, 1994 Altn: Audrey Sheriffs Office Cumberland County Courthouse 1 Courthouse Square Carlisle. PA 17103 RE: NAVY FEDERAL CREDIT UNION YS. BURT C. UESS AND PATRICIA A. UESS 94 - 5521 Dear Audrey: Please stay the above listed Sheriffs Sale scheduled for March 8, 1995, Defendant has reinstated in the amount of $6.208.00. If you should have any questions please do not hesitate to call. Very truly yours, --:L Leon P. Haller LPH:kcg NAVY FEDERAL CREDIT UNION, PLAINTIFF VS. BURT C. LIESS AND PATRICIA A. LIESS, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 5521 CIVIL ACTION - LAW MORTGAGE FORECLOSURE PRAECIPE TO SATISPY To the Prothnotary: Please mark the above-captioned Action in Mortgage Foreclosure as satisfied. DATED: January 9, 1994 HALLER By on P. Haller, Esquire D #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 (Attorneys for Plaintiff) ........ ~ -~ . , .'- -- . '