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HomeMy WebLinkAbout07-1006PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 149558 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. EDDIE W. STINSON DONNA B. STINSON A/K/A DONNA BAKER STINSON 915 CENTER ROAD NEWVILLE, PA 17241 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 149558 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 149558 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 149558 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 149558 Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: EDDIE W. STINSON DONNA B. STINSON A/K/A DONNA BAKER STINSON 915 CENTER ROAD NEWVILLE, PA 17241 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/14/2005 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR AMERICA'S WHOLESALE LENDER which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1927, Page: 4841. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 149558 6. The following amounts are due on the mortgage: Principal Balance $101,274.38 Interest $2,177.28 10/01/2006 through 02/21/2007 (Per Diem $15.12) Attorney's Fees $1,325.00 Cumulative Late Charges $106.20 10/14/2005 to 02/21/2007 Cost of Suit and Title Search 750.00 Subtotal $105,632.86 Escrow Credit ($130.66) Deficit $0.00 Subtotal 130.66 TOTAL $105,502.20 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 149558 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $105,502.20, together with interest from 02/21/2007 at the rate of $15.12 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMI , P By: /s/Francis . Hallman LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 149558 LEGAL DESCRIPTION ALL THAT CERTAIN PARCEL OR TRACT OF LAND SITUATE IN THE TOWNSHIP OF LOWER MIFFLIN, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA AND BEING THE SAME REAL PROPERTY CONVEYED TO EDDIE W. STINSON AND DONNA B. STINSON BY DEED ON 01/27/1999 AS DOCUMENT NO. 1999 2854 BOOK 193 PAGE 252 AMONG THE OFFICIAL RECORDS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA. SAID DEED REFERENCE MADE HEREIN FOR A MORE FULL DESCRIPTION. TAX MAP#: 15-06-0035-024 PROPERTY BEING: 915 CENTER ROAD File #: 149558 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for. PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: . Lei t a T-, Q N CD 4 t. T7'i -G PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. EDDIE W. STINSON DONNA B. STINSON A/K/A DONNA BAKER STINSON Defendant(s). CIVIL DIVISION NO. 07-1006 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against EDDIE W. STINSON and DONNA B. STINSON A/K/A DONNA BAKER STINSON, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 2/22/07 to 4/5/07 TOTAL $105,502.20 $650.16 $106,152.36 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. rw 1) Lln?p Lf . Ac") DANIEL G. SCHMIEG, ESQUIRFY? Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: , o241-7 PRO ROTH 149558 Ch _ t ? ? . f"?- s _ -mss > r r I?v O ?7 + r ? P 1 09 (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. EDDIE W. STINSON DONNA B. STINSON A/K/A DONNA BAKER STINSON Defendant(s). CIVIL DIVISION NO. 07-1006 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on 9 200 7. By: Ya- DEPUT If you have any questions concerning this matter, please contact: a ZaL?ij DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (715) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff Vs. EDDIE W. STINSON DONNA B. STINSON A/K/A DONNA BAKER STINSON Defendants COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY :NO. 07-1006 CIVIL TERM TO: EDDIE W. STINSON RR2 BOX 215 Al A/K/A 3358 COUCHTOWN ROAD LOYSVILLE, PA 17047 DATE OF NOTICE: MARCH 20, 2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 s E 11.E FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff Vs. EDDIE W. STINSON DONNA B. STINSON A/K/A DONNA BAKER STINSON Defendants : COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY NO. 07-1006 CIVIL TERM TO: DONNA B. STINSON A/K/A DONNA BAKER STINSON 915 CENTER ROAD NEWVILLE, PA 17241 DATE OF NOTICE: MARCH 20, 2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. F Cur I CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 s. wt;' FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff t ,``'- .wJ t17? PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE Plaintiff, V. EDDIE W. STINSON DONNA B. STINSON A/K/A DONNA BAKER STINSON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1006 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant EDDIE W. STINSON is over 18 years of age and resides at, RR2 BOX 215 Al A/K/A 3358 COUCHTOWN ROAD, LOYSVILLE, PA 17047. (c) that defendant DONNA B. STINSON A/K/A DONNA BAKER STINSON is over 18 years of age, and resides at, 915 CENTER ROAD, NEWVILLE, PA 17241. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff C_" ? -ra . t'r?i n tea Y -i n D ' PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. . No. 07-1006 CIVIL TERM EDDIE W. STINSON DONNA B. STINSON AIK/A DONNA BAKER STINSON Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $106,152.36 Interest from 4/5/07 to SEPTEMBER 5, 2007 $2,669.85 and Costs (per diem -$17.45) Add'l cost $1,863.50 TOTAL $110,685.71 za"'?J' ? - DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at.the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 149558 o d O d ? U a d ow a '?o ?? A AO w az ? ? wW H ? 4 ? d ?` U O ? f V}? lw? .? Eli a .y? 1-1 w? w° o ? o W 0,,, oor U a r d' O r d a a 0 a N o r+ oa U M .? N N Q w N H ? U ? v? d w V. i _ V V v Y V V Y V V V V Y y y S C4 u n U ti C C"6 X15 V WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1006 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From EDDIE W. STINSON, DONNA B. STINSON A/K/A DONNA BAKER STINSON (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $106,152.36 L.L. $.50 Interest FROM 4/5/07 TO 9/5/07 (PER DIEM - $17.45) - $2,669.85 AND COSTS Atty's Comm % Atty Paid $243.28 Plaintiff Paid Date: APRIL 19, 2007 (Seal) Due Prothy $2.00 Other Costs ADD'L COST $1,863.50 Curti . Long, Pro 0 By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. EDDIE W. STINSON DONNA B. STINSON A/K/A DONNA BAKER STINSON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1006 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 4cloui JT Ac? I Ana U DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ? n x 0 n 4D - + w r OUNTRYWIDE HOME LOANS, INC. Plaintiff, V. . EDDIE W. STINSON DONNA B. STINSON A/K/A DONNA BAKER STINSON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1006 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,915 CENTER ROAD, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) EDDIE W. STINSON DONNA B. STINSON A/K/A DONNA BAKER STINSON RR2 BOX 215 Al A/K/A 3358 COUCHTOWN ROAD LOYSVILLE, PA 17047 915 CENTER ROAD NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) FIFTH THIRD HOME EQUITY, INC., F/K/A, HOME EQUITY OF AMERICA 1000 E. 80TH PLACE, NORTH TOWER MERRILLVILLE, IN 46410 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 915 CENTER ROAD NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. April 5, 2007 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff C o m - LJ " COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. EDDIE W. STINSON DONNA B. STINSON A/K/A DONNA BAKER STINSON Defendant(s). CUMBERLAND COUNTY No. 07-1006 CIVIL TERM April 5, 2007 TO: EDDIE W. STINSON RR2 BOX 215 Al A/K/A 3358 COUCHTOWN ROAD LOYSVILLE, PA 17047 DONNA B. STINSON A/K/A DONNA BAKER STINSON 915 CENTER ROAD NEWVILLE, PA 17241 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 915 CENTER ROAD, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriff s Sale on SEPTEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $106,152.36 obtained by COUNTRYWIDE HOME LOANS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 r LEGAL DESCRIPTION ALL that certain tract of land situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of the Center Road, said point being 315 feet West of the intersection of the Center Road with the Council Bluff to Turnpike Road; thence along the center of said Center Road in a westerly direction 135 feet to a point; thence by other land now or formerly of Rema G. Loy in a northerly direction at right angles to the aforesaid Center Road 200 feet to an iron pin; thence by same in an easterly direction by line parallel with the aforesaid Center Road 135 feet to a stake; thence by the same in a southerly direction by a line at right angles to and through a stake at the edge of the aforesaid Center Road 200 feet to the Place of BEGINNING. PARCEL IDENTIFICATION NO: 15-06-0035-024 PREMISES BEING: 915 CENTER ROAD, NEWVILLE, PA 17241 TITLE TO SAID PREMISES IS VESTED IN Eddie W. Stinson and Donna B. Stinson, his wife, as tenants by the entireties, by Deed from Anna M. Wright, a single woman, dated 01/26/1999, recorded 01/27/1999, in Deed Book 193, page 252. G '° ?°` ?'. ? ? ? ? ? ?? ? 4' ? ?°' A' ? r ? i?,? _ C _.--3 ?' ? C:? W SHERIFF'S RETURN - REGULAR CASE NO: 2007-01006 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS STINSON EDDIE W ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE STINSON DONNA B AKA DONNA BAKER STINSON was served upon the DEFENDANT , at 2025:00 HOURS, on the 23rd day of February , 2007 at 915 CENTER ROAD NEWVILLE, PA 17241 DONNA B STINSON by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 t .00 i 10.00 R. Thomas Kline _4141 F16 7 16 . 0 0 Sworn and Subscibed to before me this day of 03/01/2007 PHELAN HALLINAN SCHMIEG By: yzw ??l /? ep y S if A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-01006 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS STINSON EDDIE W ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT STINSON EDDIE W but was unable to locate Him in his bailiwick. He therefore returns the r1nMnT T TT771 _ mnum unov the within named DEFENDANT 915 CENTER ROAD STINSON EDDIE W NOT FOUND , as to NEWVILLE, PA 17241 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing 18.00 Service 10.56 Not Found 5.00 Surcharge 10.00 .00 3A101 1?., ? 43 . 56 So answers: R. Th as Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 03/01/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-01006 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS STINSON EDDIE W ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: STINSON EDDIE W but was unable to locate Him deputized the sheriff of PERRY serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On March 1st 2007 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So answe ,--- Docketing 6.00 i Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Perry County 45.61 Sheriff of Cumberland County Postage 1.11 71.72 ? 3/0X10 7 03/01/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-01006 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS STINSON EDDIE W ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: STINSON DONNA B AKA DONNA BAKER STINSON but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of PERRY serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On March 1st , 2007 , this office was in receipt of t attached return from PERRY Sheriff's Costs: So answer .- Docketing 6.00 Out" of County .00 Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00- 16. 0 0 ? )09/,g 7 ?. 03/01/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of , A. D. In The Court of Common Pleas of Cumberland County, Peniisylvanla Countrywide Home Loans Inc VS. Eddie W. Stinson et al SERVE: Eddie W. Stinson No. 07-1006 civil Now, February 23, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff"of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, February 27, , 20 07, at 12 :05 o'clock 'P M. served the within Complaint in Mortgage Foreclosure upon Eddie W. Stinson at RR2 Box 215 A! (now known as 3358 Couchtown Rd.)Loysville, PA 17047 by handing to a Clara Stone, Person in Charge of REsidence True & Attested and made known to Her copy of the original Comp. Mtg Forc. the contents thereof. So answers, Margaret F. Flickinger Deputy Sheriff of Perry Couki, COSTS and sub cribed ef9re SERVICE $ y of 206 MILEAGE AFFIDAVIT )eputy prothonotary & Clerk of Courts Bloomfield Boro., Perry Co., PA My commission Expires Jan. 7, 2008 In' The Court of Common Pleas of Cumberland County, Pentisylvania Countrywide Home Loans Inc VS. Eddie W. Stinson et al SERVE: Donna B. Stinson aka Donna Baker Stinson No. 07-1006 civil Now, February 23, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original So answers, Sheriff of Sworn and subscribed before me this day of , 20 20 , at o'clock M. served the COSTS SERVICE _ MILEAGE _ AFFIDAVIT the contents thereof. County, PA SHERIFF'S RETURN In the Court of Common Pleas Of the 41St Judicial District of Pennsylvania- Perry County Branch No. 2007-1006 Cumberland County Countrywide Home Loans, Inc. VS Donna B. Stinson aka Donna Baker Stinson RR2 Box 215 Al now known as 3358 Couchtown Rd. Loysville, PA 17047 Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit Donna Baker Stinson, but was unable to locate him/her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure, for the above named Defendant(s) Donna Baker Stinson at RR2 Box 215 Al (now known as 3358 Couchtown Rd.) Loysville, Pa, 17047, NOT FOUND. AS PER RESIDENT AT ABOVE ADDRESS,DEFENDANT LIVES AT 915 Center Rd. Newville, PA 17241. Sincerely, Carl E. Nace Sworn and subscribed to before me Sheriff of Perry County thisd-? day of F & a 2007. NOTARIAL SEAL kOARGARET F. FLICKINGER, NOTARY PUBLIC BLOOMFIELD BORO., PERRY COUNTY MY COMMISSION EXPIRES FEB. 16. 2008 AFFIDAVIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, INC. DEFENDANT(S) EDDIE W. STINSON DONNA B. STINSON A/K/A DONNA BAKER STINSON SERVE EDDIE W. STINSON RR2 BOX 215 Al A/K/A 3358 COUCHTOWN ROAD LOYSVILLE, PA 17047 No. 07-1006 CIVIL TERM CUMBERLAND COUNTY ACCT. #149558 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 5, 2007 1-, SERVED Served and made known to I su NIsO N Defendant, on the g i Sf day of L 2001 at C54 , o'clock .m., at 3 C-M. A OW h {{ 1_O f S Y, N , Commonwealth of Pennsylvania, in the manner described below: !Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 4- Height ( ' Weight ( 6 9 Race 13 Sex M Other I, z y" 4d o, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subsciibed - - lse thL99" da o , 200 t By: PL?i A E TI;EMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. I CJ, V lul SIC State of New Jersey NOT SERVED PATRICIA E. HARRIS C&Rq%sion Expires AW%16, 2008 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vt Attempt: Time: Vacant 2°d Attempt: f / Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200 Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 /3 ;? a O ? c? 4- ? _ W ???? ??? ,..t7 ?? ? ?" ( J ? ?+ _? AFFIDAVIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, INC. DEFENDANT(S) EDDIE W. STINSON DONNA B. STINSON A/K/A DONNA BAKER STINSON L CUMBERLAND COUNTY No. 07-1006 CIVIL TERM ACCT. #149558 Type of Action SERVE DONNA B. STINSON A/K/A DONNA BAKER STINSON - Notice of Sheriffs Sale 915 CENTER ROAD NEWVILLE, PA 17241 Sale Date: SEPTEMBER 5, 2007 SERVED Served and made known to bewca 5. 54--l n5o o , Defendant, on the u day of M 4-y ,200 , at ,,3a , o'clock PL.m., at 44 , Commonwealth of Pennsylvania, in the manner described below: V Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 4$ Height ? Weight 145 Race W Sex F Other I, ?'000(0 4h ? , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and sub ribed before e this day NotaK: At l 1U? 20th ? .-? Bv. ATTEMPTED. NOT SERVED On the 2(54 day of _ RPPL 2007 at 10 'Oa o'clock A.m., Defendant NOT FOVNkbecause: Mov 1N'A ?t ?r ne?hbar : DWAlt-A a p f"rya Moved Unknown No Answer Vacant IU*i/ IK5 -4 vA r•0 ? re?tds 8vj J?,p ems; Y. met: 13t Attempt: Time: ?;:30 VW 3rd Attempt: Time: Sworn to and subscribed before me this day of 200 Notary: Attorney for Plaintiff Daniel G. Schmieg, Esquire I.D. No. 62205 By: 2°d Attempt: 4 / 2-6 / 0-7 Time: (a.'-10 jaw 'fr re q4n(?q-i + n\4 Ms. Th ma o I kT<k4 ZA4 j C° 44- MA0e S) - t S ctiYri?iwT4 ?e{tYs bu ?j , ? . VJMSERLY CURTY Notary Public State of Gtr:, J?-rsey My Commission Ex-:-:: t^-2^ ^-7 1-3 0?62 2 cz P?a 2 d ? ,TlfT! im -v in 71 `? " { t C } 6m tv N4 SALE DATE: SEPTEMBER 5.2007 I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS, INC. VS. EDDIE W. STINSON DONNA B. STINSON A/K/A DONNA BAKER STINSON No.: 07-1006 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 915 CENTER ROAD, NEWVILLE. PA 17241. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. ,?u? - A li ""' , DANIEL SCHMIE , ESQUIRE Attorney for Plaintiff July 31, 2007 £0 L61 3000d1Z WOH:J (1311VIN LOOZ Z L 2JdV O L08 LZ7OZO OSZ' ?0 $ 53MU9 A3Nlki g Q t ? l N'sod sv? ' O ? M o a O F? PG O V U d a ?` O o ? O o w Z U a N O w d O A '?' p a E- J w ? a W a w C> A d a'. W iE w -d e U U cUn ? ?? o O a °° d? w 4 9? ?ta a ?4 a U p? ?? o z aar. ? a A ? ? w? z ap...a v A ., 7=;.. e A? 7 °j . '.4M ? ? t :. 3 Y x. 'O m vi ?a ^? N y U W O ? UCC .? U 'd ? 7 p O vJdo > O 4 ? w Q O O a, v g 05 _ o v? N ? - T v7 p ? -s 00 d ? W w_ :+ u T O U o oE' A a W O Q H ? F O ^ A ? ? C N M •? v'' ? IC a zd4 o? z? J O n r--a ? C o - I\+ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Federal Home Loan Mtg Corgi is the grantee the same having been sold to said grantee on the 5th day of Sept A.D., 2007, under and by virtue of a writ Execution issued on the 19th day of April, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 1006, at the suit of Countrywide Home Loans Inc against Eddie W Stinson & Donna B aka Donna Baker Stinson is duly recorded as Instrument Number 200736398. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this l day of A.D. 2-0 0 Recorder of Deeds aNWW of NOOK Cuoib iW Cater. CaMN, PA My cw w E*ku t* Fkat Mwtday a Jan. 2010 Countrywide Home Loans, Inc. In The Court of Common Pleas of VS Cumberland County, Pennsylvania Eddie W. Stinson and Donna B. Stinson a/k/a Writ No. 2007-1006 Civil Term Donna Baker Stinson R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Eddie W. Stinson, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania, to serve the within Real Estate Writ of Execution, Notice of Sheriffs Sale and Description, in the above entitled action, according to law. Perry County Return: And now, May 09, 2007 at 11:21 AM served the within Real Estate Writ, Notice of Sheriff s Sale and Description upon Eddie W. Stinson, by personally handing to Clara Stone, adult in charge for Eddie W. Stinson, a true attested copy of the original Real Estate Writ, Notice and Description and making known to her the contents thereof at RR 2 Box 215 A-1 Couchtown Road, Loysville, PA 17047. So answers: Carl Nace, Sheriff of Perry County, PA. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Donna B. Stinson a/k/a Donna Baker Stinson, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Adams County, Pennsylvania, to serve the within Real Estate Writ of Execution, Notice of Sheriffs Sale and Description, in the above entitled action, according to law. Adams County Return: And now, June 05, 2007 at 8:17 PM served the within Real Estate Writ, Notice of Sheriffs Sale and Description upon Donna B. Stinson a/k/a Donna Baker Stinson, by personally handing to Donna Stinson, a true attested copy of the original Real Estate Writ, Notice and Description and making known to her the contents thereof at 44 Maple Street, Gettysburg, PA 17325. So answers: James W. Muller, Sheriff of Perry County, PA. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 13, 2007 at 1410 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Eddie W. Stinson and Donna B. Stinson a/k/a Donna Baker Stinson located at 915 Center Road, Newville, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Eddie W. Stinson, by regular mail to his last known address of 3358 Couchtown Road, Loysville, PA 17047. This letter was mailed under the date of July 2, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Donna B. Stinson a/k/a Donna Baker Stinson, by regular mail to her last known address of 44 Maple Street, Gettysburg, PA 17325. This letter was mailed under the date of July 2, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 05, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Federal Home Loan Mortgage Corporation. It being the highest bid and best price received for the same, Federal Home loan Mortgage Corporation of Foreclosure Unit, 8609 Westwood Center Drive, Mail Stop 61, Vienna, VA 22183, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,032.83. Sheriffs Costs: Docketing $30.00 Poundage 20.25 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 23.04 Levy 15.00 Surcharge 30.00 Out of County 18.00 Perry County 36.58 Adams County 20.00 Law Journal 355.00 Patriot News 314.27 Share of Bills 15.69 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $1,032.83 ? So Answer R. Thomas Kline, Sheriff BY 6 Real Estate S rgeant 1 bl/b/d -1 4- t.k- (.0;1 /99 3a? COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. EDDIE W. STINSON DONNA B. STINSON A/K/A DONNA BAKER STINSON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1006 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,915 CENTER ROAD, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) EDDIE W. STINSON DONNA B. STINSON A/K/A DONNA BAKER STINSON RR2 BOX 215 Al A/K/A 3358 COUCHTOWN ROAD LOYSVILLE, PA 17047 915 CENTER ROAD NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None ` a 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) FIFTH THIRD HOME EQUITY, INC., FWA, HOME EQUITY OF AMERICA 1000 E. 80TH PLACE, NORTH TOWER MERRILLVILLE, IN 46410 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 915 CENTER ROAD NEWVILLE, PA 17241 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. April 5, 2007 /allnlj-d' AA DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. EDDIE W. STINSON DONNA B. STINSON A/K/A DONNA BAKER STINSON Defendant(s). CUMBERLAND COUNTY No. 07-1006 CIVIL TERM April 5, 2007 TO: EDDIE W. STINSON RR2 BOX 215 Al A/K/A 3358 COUCHTOWN ROAD LOYSVILLE, PA 17047 DONNA B. STINSON A/K/A DONNA BAKER STINSON 915 CENTER ROAD NEWVILLE, PA 17241 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFALIEN AGAINST PROPERTY." Your house (real estate) at, 915 CENTER ROAD, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $106,152.36 obtained by COUNTRYWIDE HOME LOANS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: X215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain tract of land situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center of the Center Road, said point being 315 feet West of the intersection of the Center Road with the Council Bluff to Turnpike Road; thence along the center of said Center Road in a westerly direction 135 feet to a point; thence by other land now or formerly of Rema G. Loy in a northerly direction at right angles to the aforesaid Center Road 200 feet to an iron pin; thence by same in an easterly direction by line parallel with the aforesaid Center Road 135 feet to a stake; thence by the same in a southerly direction by a line at right angles to and through a stake at the edge of the aforesaid Center Road 200 feet to the Place of BEGINNING. PARCEL IDENTIFICATION NO: 15-06-0035-024 PREMISES BEING: 915 CENTER ROAD, NEWVILLE, PA 17241 TITLE TO SAID PREMISES IS VESTED IN Eddie W. Stinson and Donna B. Stinson, his wife, as tenants by the entireties, by Deed from Anna M. Wright, a single woman, dated 01/26/1999, recorded 01/27/1999, in Deed Book 193, page 252. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-1006 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From EDDIE W. STINSON, DONNA B. STINSON A/K/A DONNA BAKER STINSON (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $106,152.36 L.L. $.50 Interest FROM 4/5/07 TO 9/5/07 (PER DIEM - $17.45) - $2,669.85 AND COSTS Atty's Comm % Atty Paid $243.28 Plaintiff Paid Due Prothy $2.00 Other Costs ADD'L COST $1,863.50 Date: APRIL 19, 2007 (Seal) Curtis /9. Long, Pr o ry By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 ,., .. 0-4 ?r Real Estate Sale # 15 On April 26, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Lower Mifflin Township, Cumberland County, PA Known and numbered as 915 Center Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: April 26, 2007 By:J , S? Real Estate Sergeant r} 1- s THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of July and the 1st day(s) of August 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE #15 Sworn to and subscribed C? nnm 4, thi? P tth. ; gQf 7 A.D. R?ot?:::: peat _ - verry L. sus , ::; !u.? y Pubic I 'Of tuu '-" a g, Dauphin County MY o mmis '?n spires June cl.20! @(rif? ,r Dcr1p rl n;n Ac, c.^,^(rr{.... of AI^t?, i.?.,d 4F NOTAItV PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 4 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 20, July 27, and August 3, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r Marie Coyne, TO AND SUBSCRIBED before me this 3 day of August, 2007 J C Notary NOTARIAL SEAL DEBORAH A COLLINS Notary PLWIC CARLISLE SM. CUMBERLAND COUNTY My Cott mWdon Explns Apt 2a. 2010 YA&L now*= 8149a No. is Writ No. 2007-1006 Civil Countrywide Home Loans, Inc. vs. Eddie W. Stinson and Donna B. Stinson a/k/a Donna Baker Stinson Atty.: Daniel Schmieg DESCRIPTION ALL that certain tract of land situate in Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the cen- ter of the Center Road, said point be- ing 315 feet West of the intersection of the Center Road with the Council Bluff to Turnpike Road; thence along the center of said Center Road in a westerly direction 135 feet to a point; thence by other land now or formerly of Rema G. Loy in a northerly direc- tion at right angles to the aforesaid Center Road 200 feet to an iron pin; thence by same in an easterly direc- tion by line parallel with the aforesaid Center Road 135 feet to a stake; thence by the same in a southerly direction by a line at right angles to and through a stake at the edge of the aforesaid Center Road 200 feet to the Place of BEGINNING. PARCEL IDENTIFICATION NO: 15-06-0035-024. PREMISES BEING: 915 CENTER ROAD, NEWVILLE, PA 17241. TITLE TO SAID PREMISES IS VESTED IN Eddie W. Stinson and Donna B. Stinson, his wife, as tenants by the entireties, by Deed from Anna M. Wright, a single woman, dated 01/26/ 1999, recorded 01/27/ 1999, in Deed Book 193, age 252. r