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HomeMy WebLinkAbout00-01465 j ,J Union Planters Bank, N.A. -vs- In the Court of Common Pleas of Cumberland County, Pennsylvania No.2000-1465 Civil -vs- Michael S. Mulholland and Rebecca Mulholland R. Thomas Kline, Sheriff, who being duly swom according to law, says this writ isretumedST1\YEI>. Sheriffs Costs: Docketing Poundage Advertising Posting Bills Law Library County Mileage Certified Mail Levy Postpone Sale Surcharge Share of Bills Law Journal Patriot News 30.00 128.86 15.00 15.00 .50 1.00 6.20 .74 15.00 20.00 30.00 23.53 204.95 288.30 779.08 Pd By Atty 08/30/00 Sworn and subscribed to before me This f ~ day of JL,r.:.. P.. , I 2000,A.D.q;0t:, r; fuIU~,./ (~ ro onotary S~*,~...t: /,,~ ;/ .,-- R. Thomas Kline, Sheriff BY~~ Real Estate Deputy I \--0 \. ck .29L'J7 f!.u.-. I IJ1Jtb''/ '-'i'\'1~ . !".I' "'9~ '\Wftl, .... UNION PLANTERS BANK, N.A., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. MICHAEL S, MULHOLLAND AND REBECCA A, MULHOLLAND, DEFENDANTS CIVIL ACTION - LAW NO. ~ 1465 6'ClD IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO,P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 253 EAST LOUTHER STREET, CARLISLE, PA: 1, Name and address of the Owner(s) or Reputed Owner(s) : I' 1 I Michael S. Mulholland 253 East Louther Street Carlisle, PA 17013 Rebecca A. Mulholland 253 East Louther Street Carlisle, PA 17013 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) : Commercial Credit Corporation 3300 Hartzdale Drive Suite 111 Camp Hill, PA 17011 1:\HOME\MKF'lOOCS\CUMBERLA\MUL.PTF ~'~ . "-'o,"~_ ..~,,~T_,""''l'?-'" ,_~,__,.,,_L -" _~ < <,- , ,- , - -'~ 1'-1" i1 - 5. Name and address of every other person who has any record lien on the property:, UNKNOWN 6. interest sale: Name and address of every in the property and whose other person who has any record interest may be affected by the \ 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 '" ;}: g 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 relat' to unsworn falsification to authorities. ~ Leon P. Haller PA I.D, #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: June 12, 2000 ,'l"7';f - -,.__, _"^ _,,__~~_ v"'~" __f;_ .~,_.- - . , '1 . ;! -~ I . , f UNION pLANTERS BANK, N, A. , pLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. MICHAEL S. MULHOLLAND AND REBECCA A, MULHOLLAND, DEFENDANTS CIVIL ACTION - LAW NO. .),000"1465 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL 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, SEPTEMBER 6, 2000 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 sold is: 253 EAST LOUTHER STREET CARLISLE . CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. ,),,,,90-1465 is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property M!CHAEL S. MULHOLLAND AND REBECCA A. MULHOLLAND """~ ,-,"" <,. " ~ , 1';- . ( A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to recei ve 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 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: 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 'P{l:[ '-, "~ - 1.1'T" . , ~~ . -,,_or"'" 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. f"I' PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ~--.- - . . ,-~.. . I J LEGAL DESCRIPtION ~LL TH~T CERT~lN lot of ground with the improvements thereon erected situated on East Louther Street in the First Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounde9'and described as follows, to wit: ON the North by a public alley; on the East by property now or formerly of Mrs. Mary C. Jones; on the South by East Louther Street; aod on the West by property now or formerly of Viola J. Spotts; containing 25 feet, more or less, in front on'said East Louther Street, and extending back'an even width 120 f~et to the aforesaid public alley, and having thereon erected a 2 1/2 story brick dwelling house snd necessary outbuildings, and being known as 253 East Louther Street, Carlisle. HAVING ERECTED THEREON A DWELLING KNOWN AS 253 East Louther Street, Carlisle, PA, BEING THE SAME PREMISES WHICH Betty L. Hunsinger by deed dated 8/30/91 and recorded 9/3/91 in Cumberland County Deed book H-35, Page 250 granted and conveyed unto Michael S, Mulholland and Rebecca A. Mulholland, TO BE SOLD AS THE PROPERTY OF MICHAEL S. MULHOLLAND AND REBECCA A, MULHOLLAND ON JUDGMENT NO. d,tJtJl!J -1465. TAX PARCEL: 02-21-0318-173 ',",''<11 ,-~, ~ r- IT?-- . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA} COUNlY OF CUMBERLAND) NO. 00-1465 CIVILXlI TERM CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Union Planters Bank, N. A. PLAINTIFF(S) from Michael S. Mulholland and Rebecca A. Mulholland 253 East Louther Street. ~iR1e. Fa, 17011 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell 253 East LoutherSt., Carlisle. Pa. 17013 (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/are enjoined from paying any debt ,to ," for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof: (3) If property ofthe defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you aredirected10 notify himlherthat he/she has be,en added as a garnishee and is enjoined as above stated. . Amount Due S ~9 9?H (,7 IrKff~Yt4/01/00 1.914.96 (512.121 Ally's Comm Atty Paid Plaintiff Paid % L.L. Due Prothy other Costs Late charges from 4/00 5 $ 0.50 1.00 119.10 87.12 ($21. 78) F.~rrrM OPfirit- ? ,000.00 Date: June 13. 2000 . Curtis R. Lonq Prothonotary, Civil Division by: 0"1"'-'- 0. IYu-PP~. - REQUESTING P.1ARTY: 11 PUtce :1 Kiug & Ha , er Name Leon P. Haller, ESQ. Address: 171 q North F'n,nt Strept Harrisburg. Pa. 17102 Attorney for: Plaintiff Telephone: (717) 234-4178 lupreme Court ID No. #15700 Deputy TRUE COpy FROM RECORD In TlilStimooy whereof, I 110m unto set my hand and the ~I 01 said ?:J.ft at Carlisle. Pa. Thls /3 - day 0 ,_. . .2t.rv0 ( L... ,0. Jp.: / ,,~pf'1' (I I PrQthon'otalJl' '_!~~~~ - "'-1'" ~- - . ,-, ~~ "> ~, REAL ESTATE SALE N8.rt '\!ii, on~Jbl;KrO the sheriff levied upon the defendants Interest In the real propertv <:,+0,,,,1,,,., in a~a..fL &u..rI- Cumberland County, p,'ered as'JS8 E ~ (1",t!AL _and mo: j Exhibit "A" filed with this writ and by this reteri~;I~i !'late: 9 ~ It" ~ lilted tlere!1I1. By5~~ ~1, I ;"', ':')(.'1 , :~ 'I'!;;' ':1 i\ "'1 ,J, s-: r !:~ CG E [11 fWf j,j :-:-; '~,"'";:i:) . .:t:.:!n,jH ,.:J. ~(~ 3~;;.:.LH)'; -- ,__ ,,~__o .--"~III!l'/l!~\'41'"'lI!, ~W"lt"~!..-~..!'."..."",I'~~iPl~~~;I~~l!'1lr. .11 I~. _, _: < 1>'- "~ .' ~ ~. ~ C\@ C\@ c:::;::1 (iE) t1Vil , f~l I} w' $' t Ifi JJ;{~ - "" '''rffl!ll'~~,i ... r t l\, .. ... I UNION PLANTERS BANK, N.A., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. MICHAEL S. MULHOLLAND AND REBECCA A. MULHOLLAND, DEFENDANTS CIVIL ACTION - LAW NO, ~ 1465 dr1.D IN MORTGAGE FORECLOSURE P RAE C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendants MICHAEL S. MULHOLLAND AND REBECCA A. MULHOLLAND for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid principal balance Interest (Per diem of $12.12 from 7/1/99 to 4/1/00) Late charges ($21.78 per month to 4/00) Escrow Deficit 5% Attorney's Commission $53,713.96 $ 3,333.00 $ 196,02 TOTAL $ $ 2,685.69 $59,928.67** ** 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. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 1:\HOME\MKFIDOCSICUMBERLA\MUl.P ,;~,'!'tii!~ . .,. ','7 -'of', -,-_"~'_ "'0'" r,'-' ..~ " ,~ "--""1" -, I' , --'"'-~ - - ~ ",,~. '" '~ . I' r~ ..!) 'C " ..., -.l -J ~ ~.. ~- "," - ",~' t t ~ w ~ ~ ~- ~ r i (;' ~ ~ . 0 0 c' C <0 nq ~:;... L. -OeD c ::r;,:c, n1rn :z 2::0 , ,1'1 2C- w :.-;~.J (J) "'~; ~~1(S -<~.,,' ~c-J -0 -,,",", ~o :3:: 2)~:: 7..1 5>0 It.' 5fn ~ --j -&:- ~ to -< . ,,,;.:..' ,-~ -=""""'''!!i'!'''- ~~ ~1M!lI1I!B~,_,4","",,,,,,_,_" " J!!1, '-j" "~. -= ^".~{~ '" .. ~ Jt .. .D ~ ",",J, ..,..." , ,", UNION PLANTERS BANK,N,A., PLAINTIFF ',' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V8. MICHAEL S. MULHOLLAND AND REBECCA A. MULHOLLAND, DEFENDANTS CIVIL ACTION - LAW NO, ~ 1465 6CfD IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on MAY 24, 2000 I served the Ten Day Notice 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. By Leon p, Haller PA I,D. #15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front St, Harrisburg, PA 17102 ',""-'a",~ '-'~" ""~,~C ._ , -~. _17 . i ~~ " ... UNION PLANTERS BANK, N.A, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. MICHAEL S. MULHOLLAND AND REBECCA A. MULHOLLAND Defendant NO, ~-1465 CO CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: May 24, 2000 TO: MICHAEL S. MULHOLLAND 253 EAST LOUTHER STREET CARLISLE, PA 17013 REBECCA A. MULHOLLAND 253 EAST LOUTHER STREET CARLISLE, PA 17013 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: Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle, PA 17013 717-249-3166 PURCELL, KRUG & HALLER By Leon P. Haller Attorney for Plaintiff I. D. #15700 1719 N. Front Street Harrisburg, Pa. 17102 717-234-4178 """'" ,.,"",_.<.""___''-1- _." " -~', '- " , '-I, " I I ....( :t -l :t i I -+ :::t I ^',"" "..," t" '", >'""" ,,', .,. -:-~\IIl~ '," '"",",''' '" ",,"". ,,,,,,.,,. . , -,- IIlI!I",,"n~ ",~'-.'^"'~ "." ,.." J ~ ~ (') 0 0 c: 0 -q s:: C-. '~ "Om c _c_ _.... mfn :-z ;"'~1,7,:~ ~:n ~M~ -c L.' 5:~~t ~c.! ~~ -0 ;~f~ :U )::J r., :1:: Z"',J ~C) "~() ~ ;"'-~rn )>c ,~ -I Z r:- ~I:;o. ~ 5J 'D -< !'Ill....,.. ~"~,,.._~, ,.1, ,N ""JII!IIII[!IIJI" .'< ; > \. UNION PLANTERS BANK, N,A" PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS, MICHAEL S, MULHOLLAND AND REBECCA A, MULHOLLAND, DEFENDANTS CIVIL ACTION - LAW NO, ~ 1465 8(XO IN MORTGAGE FORECLOSURE ., NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS: You following captioned are hereby notified that judgment has been entered matter: on ~ /3 oUiiV again t you 'in the the above- $59,928.67 and for the sale and foreclosure of you:t',p;roperty located at: 253 EAST LOUTHER STREET, CARLISLE, PA 1701:3;'" Dated:~ 13, J...c1;U (>1IA::t':i-;, 12- ~~, PROTHO TARY. Attorney for Plaintiff: Leon P. Haller 1719 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4178 I hereby certify that the following person(s) and their respective addresses are the proper individuals to receive this Notice pursuant t.o PA R.C.P. No, 236: ,Michael S, Mulholland 253 East Louther Street Carlisle, PA 17013 Rebecca A. Mulholland 253 East Louther Street Carlisle, PA 17013 1:\HOME\MKF\DOCS\CUMBERLA\MUl.N ~ . ~ .,. . . ."-,, C'" I'; " .. UNION PLANTERS BANK, N.A" PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. MICHAEL S. MULHOLLAND AND REBECCA A. MULHOLLAND, DEFENDANTS CIVIL ACTION - LAW NO. ~ 1465 t%XD IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant(s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended, Sworn to and subscribed before me this ~ day of y~ 20~ ~,t5,,{,,16J ~ LEON P. HALLER, ESQUIRE '- NOTARIAL SEAL MARYLAND K. FERRETTI, Notary Public LOWER PAXTONTWP., DAUPHIN County My Commission ExplresAUGUST 8, 2002 ""W!'1!iI1 '''"'9'-, ~-7') "'Ie..; :";,S'" -_""'!"-':"~'- _,' ,- .' ,,' ",~,q~ ,<" ." '" , ", .- -' ,n < "eN '" . l""'7" I'IIllT ,~, ", ,e .. - .,~,"~,., ,.,..,., lmqm.!lf'l!W!!I"ft1l1R ioiJlI Ir_ ,',-,.--?,',. .. .. " ",0 _~ J () 0 ("".J ~ 0 -n L. ':-1 -ocv c:: ~9j - ~~;; ~JJ ""- .. 'r~-' :zc - ~~ C0-o:::::~ W =<-=:" rC" -0 so: _: ~I...-, :Jt.: ~~~o ];;0 ~ ,", ITl ...., c: -~ ~ &:- 1;; :g 10 ~, I~. , """"'7~ -~ INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL OIVISION " PRAECIPE FOR WRIT OF EXECUTION UNION PLANTERS BANK, N.A., Plaintiff ( /) (XX) Confessed Judgment Capt'ion: Other IN MORl'GAGE FORECLOSURE ,aCCO ~ 1465 File No. , TGrAL $59,928.67 $ 1,914.96 ($12.12) $ 87.12 ($21. 78) $ 2,,000.00 $63,930.75 vs. : ',Amount Due/J"dgm@!1t , Interest from 4/1/00 Late charges from 4/00 Escrav Defid t Costs MICHAEL S. MULHOUAND AND REBECCA A. MULHOUAND, Defendants TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of CUMBERLAND for debt, interest and costs, upon the following described property of the defendant(s) Real Estate: 253 East Louther Street. Carlisle. PA 17013 County, IN MORl'GAGE FORECLCSURE PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) REAL ESTATE: As indicated above REAL avNER: Michael S. Mulholland and ~ecca A. Mulholland and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). Date June 12, 2000 Signature: Print Name: Address: o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real es defendant(s) described in the attached exhibit. Leon P. Haller, Esquire Purcell, Krug & Haller 171 Q I'TQrtl:1 "'=1;: Stxe€rt Harrisburg, PA 17102 Attorney for: Telephone: Supreme Court ID No.: PIAINTIFF 717-234-4178 U5700 (over) ~.." ':'.:--" '''O.",-''i____" ,~,...,_"',_<..- ,. '-I' ~ .- 1Millii1llr"'" >- 0::; ~::- >J..19 tFQ O--,-~ .~ ,............ !ft {~:~'j ~L;~, ~ . 1~ ,~ ~,,- ,,' "'._~~ - '--",<=~^ ,. () <::> o -' - "J Uj i", ~ -~ "- 1= ;z ::) o~ ~)< i:::Jg; -~~ 5:! -q~Y) i:;.:t<: Ui< rf::;J..ll ~';f Q~. ::::> Q ("") ?: ;;; -""..,. 1l~~M ,~~,~ I(;;S-"'-~ ,,~. ,., ' , " ni~ b..L1MiUi11~ ,-C'-' ," .~" ,~ "'ffi\f!l!!, LEGAL DESCR!PTION , . ALL THAT CERTAIN lot of ground with the improvements thereon erected situated on East Louther Street in the First Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounde~'and described as follows, to wit: ON the North by a public alley; on the East by property now or formerly of Mrs. Mary C. Jones; on the South by East Louther Street; and on the West by property now or formerly of Viola J. Spotts; containing 25 feet, more or less, in front on'said East Louther Street, and extending back an even width 120 f~et to the aforesaid public alley, and having thereon erected a 2 1/2 atory brick dwelling hou~e and necessary outbuildings, and being known as 253 East touther Street, Carlisle. HAVING ERECTED THEREON A DWELLING KNOWN AS 253 East Louther Street, Carlisle, PA. BEING THE SAME PREMISES WHICH Betty L, Hunsinger by deed dated 8/30/91 and recorded 9/3/91 in Cumberland County Deed book H-35, Page 250 granted and conveyed unto Michael S, Mulholland and Rebecca A. Mulholland. TO BE SOLD AS THE PROPERTY OF MICHAEL S, MULHOLLAND AND REBECCA A, MULHOLLAND ON JUDGMENT NO, ~1465, TAX PARCEL: 02-21-0318-173 " "" .--,~-, " , ',--.'.-"., -1":- ~ .- UNION PLANTERS BANK, N.A" PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. MI CHAEL S, MULHOLLAND AND REBECCA A, MULHOLLAND, DEFENDANTS CIVIL ACTION - LAW NO. ~1465 cZW IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 253 EAST LOUTHER STREET, CARLISLE, PA: 1. Name and address of the Owner(s) or Reputed Owner(s) : Michael S. Mulholland 253 East Louther Street Carlisle, PA 17013 Rebecca A. Mulholland 253 East Louther Street Carlisle, PA 17013 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) : Commercial Credit Corporation 3300 Hartzdale Drive Suite 111 Camp Hill, PA 17011 1:\HOME\MKF\DOCS\CUMBERLA\MUl.PTF '-""'R'c .''''0., '~_.."" _ _ - ~~,,"_ . -.___ ";'O"'-r ;-. - __", _~ ',_ __. -'-1'- ...... ~ 5, Name and address of every other person who has any record lien on the property: UNKNOWN 6, interest sale: Name and address of every other person who has any record in the property and whose interest may be affected by the UNKNOWN 7, Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANTS IF ANY ... Domestic Relations Office 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 co che penolcie" of '" PA C.S. secc~ co unsworn foleifioocion co auchoricie". ~ Leon p, Haller PA I,D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: June 12, 2000 ;l"~~ ,""'<" ^\";"<"'~-'-"- "~ r,. ,< ,",- ,N_ _ -, - _ '1-, c ,",o:",!I!l!ll~ Qln=, ..."" ",". " J_ ~ o_~ fJlIlIlI"~IImI!fI!i!l!lIl._ '" ,.,II, , " 0 a C) c: c " <- "- -0 fr; - c:: \;:[1 rnCf'T -- 2'" ~ , 2~: ~t?~ (6<=- (.......::' ~ '[" -<.Co"_ :~~B !;::C;" -0 :i> r~ ~ 2, ~ ~-C) :;;;C, S--? :s:n c: g 2 Ul =< ,(:" -< -~'". ~~~~-""'''''~-::'" ~ ,,'"--., . UNION PLANTERS BANK, N,A" PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS, MICHAEL S. MULHOLLAND AND REBECCA A, MULHOLLAND, DEFENDANTS CIVIL ACTION - LAW NO. .J,OOO'-1465 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL 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, SEPTEMBER 6, 2000 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 sold is: 253 EAST LOUTHER STREET CARLISLE . CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. d,P/l0-1465 is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property MICHAEL S. MULHOLLAND AND REBECCA A. MULHOLLAND *1<il ,~ I -~-~" ' A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to recei ve 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 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: 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 K~ ., " I' ~= - ; petitiop 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 attach~d hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 --;"';~~ " . -- ., J LEGAL DESCRIPTION ALL THAT CERTAIN let ef ground with the imprevements thereon erected situated on East Louther Street in the First Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounde9'and described as follows, to wit: ON the North by a public alley; on the East by property now or formerly of Mrs. Mary C. Jones; on the South by East Louther Street; aod on the West ,by property now or formerly of Viola J. Spotts; containing 25 feet, more or less, in front on'said East Louther Street, and extending back an even width 120 f~et to the aforesaid public ~lley. and having thereon erected a 2 1/2 story brick dwelling house and necessary outbuildings, and being known as 253 East Louther Street, Carlisle. HAVING ERECTED THEREON A DWELLING KNOWN AS 253 East Louther Street, Carlisle, PA, BEING THE SAME PREMISES WHICH Betty L. Hunsinger by deed dated 8/30/91 and recorded 9/3/91 in Cumberland County Deed book H-35, Page 250 granted and conveyed unto Michael S. Mulholland and Rebecca A, Mulholland, TO BE SOLD AS THE PROPERTY OF MICHAEL S, MULHOLLAND AND REBECCA A. MULHOLLAND ON JUDGMENT NO. ,:).,tNltJ - 1465. TAX PARCEL: 02-21-0318-173 ;;- , ~- -, -,,..,-~ - I' ~~~"~- ~ .~~"' ~, ~!tIo ,. "~ .', ~, Y, - "=' -, "- '--<'- C,"'-,' " !!M~J" ~,"'~ - ,. \ 0 CO () c: 0 " ;') s: , '-! "1:1 n: C , rri.(['; ;~ Z:J..} (^- -("I ;""\'1 :z: 5;= c.:'" d (j)- ."'-, i -<.,c:- ~=~ C.) ~C) -0 ,. ~ 1-1 ;[;C; Ci 'n ~ (") ~O GO cSrn ;P'C ,"--1 ~ U1 S; "-0 =< + -< .<Ii :-J!!Ill!ll!!"O' JJ,," >' _, "~'Nf,l: " , ~ UNION PLANTERS BANK, N,A, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO, 00 - Jlf&.5 C;uLL ~~ MICHAEL S. MULHOLLAND AND REBECCA A, MULHOLLAND Defendants 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, NOT ICE 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 claimed in the Complaint or 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. Court Administrator 4th Floor, Cumberland County Courthouse Carlise, PA (717) 240-6200 Lawyer Referral Service Cumberland County Court House Carlise, PA (717) 24-6200 AVISO LE RAN DEMANDADO A USTED EN LA CORTE. sr DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIOQUE USTED RESPONDA DENTRO DE 20 DrAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AYISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGrSTRE CON LA CORTE ,EN FORMA ESCRrTA, 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. .ENTONq:S, LA tOUTE PUEDE, SIN NOTIFrCARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTEDCUMPLA CON TODAS LAS PROVISrONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROprEDAD U OTROS DERECHOS rMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), 215-238-6300. Pennsylvania Lawyer Referral Service, P.O. Box 186, Harrisburg, PA 17108 800-692-7375 " ~~ "c;,~ ,,~_, ~ "l.;'-""' ,-" . UNION PLANTERS BANK, N,A, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. MICHAEL S, MULHOLLAND AND REBECCA A, MULHOLLAND Defendants CIVIL ACTION - LAW - IN 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 within 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 addr~ss of the original creditor if different from the current creditor, PURCELL, KRUG & HALLER Leon p, Haller, Esquire 1719 North Front Street Harrisburg, PA 17102-2392 (717)2j4-4178 Attorney ID #15700 Attorney for Plaintiff ~<,,",'~ 1II '_. """'" <'. _, . d_". _~~ -'"J..' -0';<:::1'<" , , UNION PLANTERS BANK, N.A, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO, d-1> - I </'{, S' C;;:.J ~ MICHAEL S, MULHOLLAND AND REBECCA A. MULHOLLAND Defendants CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE COM P L A I N T 1. Plaintiff, UNION PLANTERS BANK, N.A. is a corporation, with an address of P.O. BOX 1860, MEMPHIS, TENNESSEE 38101. 2. Defendant, MICHAEL S. MULHOLLAND, is an adult individual whose last known address is 253 EAST LOUTHER STREET, CARLISLE, PENNSYLVANIA 17013, Defendant, RE~ECCA A. MULHOLLAND, is an " adult individual whose last known address is 253 EAST LOUTHER STREET, CARLISLE, PENNSYLVANIA 17013. 3. On or about August 30, 1991 Defendants executed and delivered a Mortgage Note in the sum of $59,650.00 payable to GMAC MORTGAGE CORPORATION OF PA, The said Note is not accesible to Plaintiff and is believed to have been lost. In further answer thereto, a copy is believed. to be in the possession of Defendants. Plaintiff also avers that the:within Mortgage foreclosure complaint is based upon the Mortgage and that the attachment of a ,:i copy of the Note is unnecessary pursuant to Rules 1019(h) and 1411(a) of the Pennsylvania R~les of civil Procedure, 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 1027, Page 156 conveying to .} ;T~ ,,~ ,'" .'."C ", .'.'," ."'"1, , , " original Mortgagee the subject premises. The Mortgage was subsequently assigned to UNION PLANTERS BANK, N.A, and will be sent for recording. Said Mortgage and Assignment are incorporated herein by reference. 5, The land subject to the Mortgage is: 253 EAST LOUTHER STREET, CARLISLE, PENNSYLVANIA 17013. 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 +nstallment due on August 1, 1999 and all subsequent installments thereon, and the following 1\ amounts are due on the Mortgage: (a) Unpaid principal balance $ 53,713.96 (b) Interest at $12.12 per day from 7/1/99 to 4/1/00 ' (based on contract rate of 8,125%) 3,333.00 (c) Accumulated Late Charges 0.00 (d) Late charges at $21,78 per month for 9 months 196.02 (e) Escrow 0,00 (f) 5% Attorney's Commission; 2,685,69 $ 59,928,67 *Together with interest at the per diem rate noted in (b) above after April 1, 2000 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 reinstat~d prior to the sale, I~~U_ ,'-, '_?l "',' ~". I'", H,' . ~ 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. 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, The within Mortgage is insured by the Federal Housing Administration under Title II of tpe National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No 91. of 1983. WHEREFORE, Plaintiff demands judgment in Mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8,125% ($12,12 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, KR~~'- By ~ Leon P. Haller Attorney for Plaintiff 1. D. #15700 1719 N. Front Street Harrisburg, Pa, 17102 (717) 234-4178 .".c!-', 1:,~,,7" _.>.,.",-,~ .'-',,~~- ,~"-,', ,--,- "-", ,. ,,'__. -~,H'" , , ~, VERIFICATION I, Leon p, Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff, UNION PLANTERS BANK, N.A. and that said facts contained herein are made subject to the penalties of 18 Pa, C, S, Section 4904 relating to unsworn falsification to authorities, . Date: March 8, 2000 :jf,~JIf : ' ',' , .;_{_'_' _. - _-,~ <'"0''' - ~'-.-\',," ,. ~, ,-"-''';-, --,--'I'T" ., Leon p, Haller, Esquire ." , , SHERIFF'S RETURN - REGULAR CASE NO: 2000-01465 P COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND m~ION PLANTERS BANK NA VS MULHOLLAND MICHAEL S ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumber-land County, Pensyl vania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MULHOI,LAND MICHAEL S the DEFENDANT , at 0009:25 HOURS, on the 17th day of March , 2000 at 253 E, LOUTHER ST CARLISLE, PA 17013 by handing to MICHAEL MULHOLLAND a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof_ Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3,10 .00 10_00 .00 31.10 ~~-4" d!,~ R, "Thomas Kl ine 7 ' 03/21/2000 PURCELL, KRUG & HALLER Sworn and Subscribed to before me this '78 By: ~@'h f1';J/Z - Deputy Sheriff day of Of:!. d--u-uv A, D . ~ a. -7h_,/JtJ~.~, I!jij P othonotary ;""'-;, ,~~ - I' . ._p~~,If!I;l " " SHERIFF'S RETURN - REGULAR CASE NO: 2000-01465 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND m~ION PLANTERS BANK NA VS MULHOLLAND MICHAEL S ET AL mWID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MULHOLLAND REBECCA A the DEFENDANT , at 0009:25 HOURS, on the 17th day of March 2000 at 253 E. LOUTHER ST CARLISLE, PA 17013 MICHAEL MULHOLLAND (HUSBAND) by handing to a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16,00 ~~~! R. omas Kline 03/21/2000 PURCELL, KRUG & HALLER Sworn and Subscribed to before By: ~~~. .1% oA/lIVvlA Deputy heriff '7 me this 7 ~ day of Cf",iJ ~ A.D, ~ Q /J1..dt'l~ ,(~ P othonotary I ".:;~~~-~ ':"""1 . "_"cO.