HomeMy WebLinkAbout00-01465
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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.. ,
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2000,A.D.q;0t:, r; fuIU~,./ (~
ro onotary
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R. Thomas Kline, Sheriff
BY~~
Real Estate Deputy
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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) :
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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
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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 '"
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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
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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
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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
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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.
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PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
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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
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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
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REAL ESTATE SALE N8.rt
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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" ~
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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
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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
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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
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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
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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~
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LEON P. HALLER, ESQUIRE
'-
NOTARIAL SEAL
MARYLAND K. FERRETTI, Notary Public
LOWER PAXTONTWP., DAUPHIN County
My Commission ExplresAUGUST 8, 2002
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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)
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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,
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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
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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
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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
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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 .
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P othonotary
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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
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R. omas Kline
03/21/2000
PURCELL, KRUG & HALLER
Sworn and Subscribed to before
By:
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Deputy heriff '7
me this 7 ~
day of
Cf",iJ ~ A.D,
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P othonotary I
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