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HomeMy WebLinkAbout00-07424 " -, .~. :,cd," ~ ,,_ ',+ j< '-,-""~_-""",;";';,,,.,, ."<'~_- "" --~""'~ ";.'1 GOLDBECK McCAFFERTY BY: Joseph A. Goldbeck, Attorney I.D.#16132 suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff & McKEEVER Jr. COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 PIano, TX 75024-3632 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW vs. :ACTION OF MORTGAGE FORECLOSURE MARTIN E. BAILEY AND MELANIE R. BAILEY (Mortgagor(s) and Real Owner(s)) Term No. CO -1"1J.1 Gu: (/~ 35 N. Middlesex Road Carlisle, PA 17013 Defendant(s) CIVIL ACTION: 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. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth 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 tor 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 '1'0 OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 Legal Services Inc. 8 Irvine Row, Carlisle, PA 17013 (717) 243-9400 A V ISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE VSTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, BE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFlCARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERlRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. paR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U ofROS'DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. 81 NO CDNDCE A UN ABOGADO, LLAME AL llLAWYER REFERENCE SERVICE1' (8ERVICIO DE REFERENCIA DE ABOGADOS), 215~238-6300 . Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 Legal Services Inc. S Irvine Row, Carlisle, PA 17013 (717) 243-9400 :1t', COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is COUNTRYWIDE HOME LOANS INC., 7105 Corporate Drive, PTX B-35, PIano, TX 75024-3632. 2. The name(s) and address(es) of the Defendant(s) is/are MARTIN E. BAILEY, 35 N. Middlesex Road, Carlisle, PA 17013 and MELANIE R. BAILEY, 35 N. Middlesex Road, Carlisle, PA 17013, who is/are the mortgagor(s) and real owner(s) of the mortgaged property hereinafter described. 3. On July 31, 1996, mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to SIGNET MORTGAGE CORP., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1336, Page 195. By Assignment of Mortgage dated August 9, 1996, the mortgage was assigned to Plaintiff, which Assignment is recorded in Assignment of Mortgage Book No. 532, Page 175. These documents are matters of public record and are incorporated herein by reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g). 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due May 1, 2000, and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance Interest from 4/ l/OO through 10/31/00 at 8.000% Per diem interest rate at $13.47 Attorney's Fee at 5% of Principal Balance Late Charges 5/ 1/00-10/31/00 Monthly late charge amount at $22.49 Costs of suit and Title Search $ 61,470.58 2,869.11 3,073.53 134.94 560.00 Escrow Balance Credit Monthly Escrow amount $95.20 $ 68,108. 16 113.03 $ 67,995.13 7. 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 ~'. -"-" "" _,' ... 'w ,...,"," ,,'_ ~"--ffJl;; Sale. If the Mortgage is reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually performed. 8. The within mortgage is insured by the Federal Housing Administration under Title II of the 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 the sum of $67,995.13, together with interest at the rate of $13.47, per day and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises. McKEEVER , Jr., Esq. -. JJ U' LCMll ~G;Bl:.\.~ /l(c;R~'}€RTY (215)6277;34 ,. -' -, .~ ~ ~ , >, -j", _: < -'.- " >' ' ", ...' "~ _w P.2/2 VERIFICATION I. BRANDONSCIUMBATO, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: 10 /17 100 BRANDONSCIUMBATO. VICE PRESIDENT 'lIo. ".' -",,- '_",-l, ,- -, ,,'< - , - "" -.-,,^ ,'~ __ ;, .; jf , -'N_ . ^' _, '';',', ",-:" I' Leila! Description: ALL THAT CERTAIN LOT OF GROUND SITUATE IN THE TOWNSHIP OF MIDDLESEX, COUNTY OF CUMBERLAND AND STATE OF PENNSYLV ANlA, WITH THE IMPROVEMENTS ERECTED THEREON, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A STONE IN THE MIDDLE OF A PUBLIC ROAD LEADING FROM THE TURNPIKE TO CARLISLE SPRINGS ROAD; THENCE BY SAID ROAD, NORTH 37 DEGREES WEST 77 FEET TO A STONE IN THE MIDDLE OF SAID PUBLIC ROAD; THENCE BY LAND NOW OR FORMERLY OF W. F. GLADFELTER, NORTH 74 DEGREES EAST 176 FEET TO A POST, THENCE SOUTH 37 DEGREES EAST 61 FEET TO A 12 - FOOT ALLEY; THENCE BY SAID ALLEY, SOUTH 69 DEGREES WEST 174 FEET TO THE PLACE OF BEGINNING. ~~ -'""~~'b"'"~~11/;>t'B~~@'imlil~~~~~l1.M.ij;-W~~!~""~'~"'~~~"""'" ~;-,;. ',"' -I~"~;''''' ~-ilol~..' ~~-~~~~~ .-.",- . , !t_!,j I. ,J; IJ i1 ~ Ii ,I II II t;J [ ~ -Cg, ~ J:: \i ,"1 D ~ . Oi & 0 Ir} 0 ("? '-') 8 5 () CY ~ C) - j -~ I , (:':) ...... 2tl:- (, ~ ~ .--1 ~ r',) 6' ZL:,_ C:.i U;.,. '+ _.,- r:: .--, ---<~ ... t~~ -_.- ~,,) .'"/ #.j,) :,:',\ , ~ "',, ,",_. " _~,,_ _, ,'"_,.. ,,_ ,0..__ ,- " ".- " .. " ".'- "'i_ . b,,-= - '" -'" ~~<",,' " SHERIFF'S RETURN - REGULAR ~ CASE NO: 2000-07424 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS BAILEY MARTIN E ET AL WILLIAM DIEHL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BAILEY MARTIN E the DEFENDANT , at 0013:45 HOURS, on the 25th day of October ,2000 at 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013 by handing to MELANIE R. BAILEY (WIFE) a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit surcharge 18.00 3.10 .00 10.00 .00 31.10 So Answers: ~~IV~~e R. Thomas Kline me this /~ day of 10/26/2000 GOLDBECK, MCCAFFERTY, MCKEEVER By: IAJ~,I ~e~ff Sworn and Subscribed to before 7~ .2An.ri) A. D. ~ t2 h.<~':: ) othonotary - ,~,..I'=~"" ~ ~ ._^ ~~~ ~ ~ _~ -I ~"~ ~ -~~"io > SHERIFF'S RETURN - REGULAR .. CASE NO: 2000-07424 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS BAILEY MARTIN E ET AL WILLIAM DIEHL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BAILEY MELANIE R the DEFENDANT , at 0013:45 HOURS, on the 25th day of October ,2000 at 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013 by handing to MELANIE R. BAILEY a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: 4- r~1''''- .4.: R. Thomas Kline 10/26/2000 GOLDBECK, MCCAFFERTY, MCKEEVER Sworn and Subscribed to before By: ~~ me this JAY day of , ~ ,;2.<nnJ A. D. ~ C flt'.P#,.n~~' rothonotary / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 PIano, TX 75024-3632 plaintiff vs. MARTIN E. BAILEY AND MELANIE R. BAILEY (Mortgagor(s) and Record Owner(s) ) 35 N. Middlesex Road Carlisle, PA 17013 Defendant(s) Term No. 00-7424 Civil Term PRAECIPE FOR JUDGMENT 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. Enter Judgment in favor of Plaintiff and against MARTIN E. BAILEY and MELANIE R. BAILEY by default for want of an Answer. (X) Assess damages as follows: Debt $ 68.796.25 Interest 4/ 1/00 to 12/12/00 Total $ (Assessment of Damages attached) I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. r certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the f'ling of this praeci e. A copy of the notice is attached. R.C.P. 237.1 AND NOW Ds; r' I c:2. J ~~ , Judgment is entered in favor of COUNTRYWIDE HOME LOANS INC., and against MARTIN E. BAILEY and MELANIE R. BAILEY by default for want of an Answer and damages assessed in the sum of SIXTY EIGHT THOUSAND SEVEN HUNDRED NINETY SIX DOLLARS AND 25 CENTS ($68,796.25), as per the above cert' ication. . Jt='~=_"";''';';'''-''I~~~~Jaj(_A~ "'~b-"'~ ~ Ii !i1 ~ ~ ~ ~ ,~ IJ " I 0 c::> 0 c 0 -n g: c::> ;~~ ;TI '"tlQJ f'1 9:lrn n ::0 -.--,m Vie;:;: N ~;!? ~Z ':::-) C) -,--\.-. k'G ." ;I~ +\ ~o :::& >:J-- ;...0 4.01 -0 1'S' S :Pc ~ &" ~ s:- O< J " ~ .." -"., ~~_,""C_~'. , GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC. IN THE COURT OF COMMON PLEAS 7105 Corporate Drive PTX B-35 OF CUMBERLAND COUNTY PIano, TX 75024-3632 Plaintiff CIVIL ACTION - LAW VS. :ACTION OF MORTGAGE FORECLOSURE MARTIN E. BAILEY AND MELANIE R. Term BAILEY (Mortgagor(s) and Record No. 00-7424 Civil Term Owner(s) ) 35 N. Middlesex Road Carlisle, PA 17013 Defendant(s) ORDER FOR JUDGMENT Please enter Judgment in favor of COUNTRYWIDE HOME LOANS INC., and against MELANIE R. BAILEY and MARTIN E. BAILEY for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the sum of SIXTY EIGHT THOUSAND SEVEN HUNDRED NINETY IX DOLLARS AND 25 CENTS ($68,796.25) . I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is 7105 Corporate Drive, PTX B-35, PIano, TX 75024-3632 and that the name(s) and last known address (es) of the Defendant(s) is/are MELANIE R. BAILEY, 35 N. Middlesex ad, Carlisle, PA 17013; MARTIN E. BAILEY, 35 N. Middlesex ad, Car's e P 701; FERTY & M Y: Joseph A. Goldbeck, Attorney for Plaintiff . ~ ,~. ". ,'., -,~ ~." "". - ',',,,,< '-', ;.;r~): , ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal balance $ 61,470.58 Interest from 4/ 1/00 through 12/12/00 3,434.85 Attorney's Fee at 5% of principal balance 3,073.53 Late Charges 179.92 Costs of Suit and Title Search 560.00 $ 68,718.88 Escrow Balance Deficit 77.37 $ 68,796.25 AND NOW, this /;2.~ day of U~~ C2 damages are assessed as above. - '. ==-, ,,->>". ~'=' ,.,,,"" . TO: MELANIE R. BAILEY 35 N. Middlesex Road Carlisle, PA 17013 COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 plaintiff vs. MARTIN E. BAILEY AND MELANIE R. BAILEY (Mortgagor (s)) (Record Owner(s)) 35 N. Middlesex Road Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 00-7424 Civil Term 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. TO: MELANIE R. BAILEY 35 N. Middlesex Road Carlisle, PA 17013 DATE OF THIS NOTICE: November 15, 2000 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 /s/ JotJeph -A. (Jotdbeck. Jr. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 ",- , ~'. . , , , _-,-__ >i', ~, ,---, , ., ,'_ --- '-th~:: TO: MARTIN E. BAILEY 35 N. Middlesex Road Carlisle, PA 17013 COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plano, TX 75024-3632 Plaintiff vs. MARTIN E. BAILEY AND MELANIE R. BAILEY (Mortgagor (s)) (Record Owner(s)) 35 N. Middlesex Road Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 00-7424 Civil Term 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. TO: MARTIN E. BAILEY 35 N. Middlesex Road Carlisle, PA 17013 PATE OF THIS NOTICE: November 15, 2000 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9108 /s/ JOdeph j4. (JoIJbeck, Jr. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 . "<H" --" ~.."-- ...,~" ~ . _01 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non- Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Fa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant. MARTIN E. BAILEY, is about unknown years of age, that Defendant's last known residence is 35 N. Middlesex Road, Carlisle, PA 17013 and is engaged in the unknown business located at unknown address. 2. That Defendant is 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 Action of Congress of 1940 and its Amendments. Date: 4339149 - BAILEY,MARTIN E. "" VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non- Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, MELANIE R. BAILEY, is about unknown years of age, that Defendant's last known residence is 35 N. Middlesex Road, Carlisle, PA 17013 and is engaged in the unknown business located at unknown address. 2. That Defendant is 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 Action of Congress of 1940 and its Amendments. Date: 4339149 - BAILEY,MELANIE R. mf(li "'~"~~~'iAA'~Hilil!liIilSili~-~ "_ ~~!~~x"''''''''''.-_~____"~' '.......... ""-" 1.1'. ~! !" ~i !i: " ," ,'-, i-! ~l I ~ t (0 -lQ P ~ 00{) /k , (') 0 8 0 c: 0 " ~. :0... 0 --j - "1JO'J r"r'J .;r; 11 F ~rn n ...... "- .:J..J ; "1= (), Co.> U Zt;:; =T~8 Ci', ~z I" 7-J ~. l'5(L ~ ~ r r;.:C" ._I.__J ~ -0 ~}.::f1 ~C) ::I: , )-~ 0 ;;-...C) :J ;;>c: r;.;> om ~ ~ ( Z "" =< -t:'" -< '. ~. ~ c' , _ -- ,~- ,,- -~", ~-> ,^__'k 'i!<: .- ~ ..--, ,.. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 PIano, TX 75024-3632 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW plaintiff :ACTION OF MORTGAGE FORECLOSURE vs. MARTIN E. BAILEY AND MELANIE R. BAILEY (Mortgagor(s) and Record Owner(s) ) 35 N. Middlesex Road Carlisle, PA 17013 Term No. 00-7424 Civil Term Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due $ 68,796.25 Interest from 4/ 1/00 to 12/12/00 at 8.000% $ (Costs to be added) ~ . l.~ " "',~. ,,-,,-;.,~, , ""',,, -;,.."",:..; "'",,-'-, ,I ~'i' . .. ~ Z .i-J 0 tIl riI'O H 'UJ o<ll OJrO riI H I': !::~ '0 EO H U ~ rO H 'I-l ,-IriI\O H Z U Q) 'I-l CQ,-IO Q) II< H e:J~ riI '" '" 'M n t-< S riI UJ ~ ::I .i-J Q),-I", (f] 2:~ riI 1I1 ..>: I': UJrOn rl ~ H 0 'M H2: N 'M ~ (:1 0 '0 J>...-i 0 rO ::IQ)o<llN ~ ~~ rO o 0 Q) ,-I 0 ;@ OOIllM EO ~M U e:J OM Q) II< CQI': n H U OJ ~n E-I '" ,-I Q) - , Q) J>. riI UJ ~.i-J~ 0 H 0 0 H Q) rO " <oj< 2: rilH~><:" l>:J>. 0 ..c: 'g.M N t-< N 0 0 ~ e:JOUJQ)n ~ (') 'I-l t-<Q)..c:\O <oj< E-I ~ H2:~UJ Q) 0.' " ~~HQ)~ l>: 01 '>, , 0.,-1 L() I 15 riI CQ Q),-I III o III ~ Q) Q)Q)..-i 0 Q 1':'0 J>.0l I': O'O'ON 0 0 H ,~ ~ '0 .i-J ..c: H ol':rO U :s riI rilO'M Q) riI '" Q) 0 L()H,-I riI ~ e:J 2:,-1 II< 0 UJ.i-J 'M 0 :x: ~ ZH'O UJ H::=: O.i-J Q)OO..c: Z t-< H ~ H "M U~ '"~ .i-J III E-I ~ t-<CQOZ,-I riI -M Z ~ 0 H ~ ::In 0 ~ 'Q) L() rO UJ..-i H U ~~MU II< ..-i .- 1.. . .. """" Lel!sl Description: ALL THAT CERTAIN LOT OF GROUND SITUATE IN THE TOWNSHIP OF MIDDLESEX, COUNTY OF: CUMBERLAND AND STATE OF PENNSYLVANIA, WITH THE IMPROVEMENTS ERECTED THEREON, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A STONE IN THE MIDDLE OF A PUBLIC ROAD LEADING FROM THE TURNPIKE TO CARLISLE SPRINGS ROAD; THENCE BY SAID ROAD, NORTH 37 DEGREES WEST 77 FEET TO A STONE IN THE MIDDLE OF SAID PUBLIC ROAD; THENCE BY LAND NOW OR FORMERLY OF W. F. GLADFELTER, NORTH 74 DEGREES EAST 176 FEET TO A POST, THENCE SOUTH 37 DEGREES EAST 61 FEET TO A 12 - FOOT ALLEY; THENCE BY SAID ALLEY, SOUTH 69 DEGREES ",~S:r 174 FEET TO 11m PLACE OF BEGINNING. TAX PARCEL #21-17-2696-036 I '~~,:-""1-'r ~~~ ~lIliiltili.lMiil~a ~0i1ll'O~ ..Ed"iT}'"" ',,- r=""- . , ~'~ - ~ ~,~ ~-~ .,.. .!." ~ ....... -<- .... l'-J .... ..0 (j'- - ~ () 0 ~ (J ~ -0 II) 0 C 0 t .Q;} ~ . . - $: Cl :::J 'i ..... g V) 0 0 0 '"Ow [." f'!liX1 B 0 ()\ () e- mnl C'"') . Z::t; :~~ 0 I 0r 2: t;: f',) i:;J C> I S2.:,.-: D\ kJ ~CJ " ().JJ $(') ::Jl: -;.0 I ~ [;J, ~ ~c ~srn ?'- ~ ;;> ..J N ;:., , C .. -.0 r- , , , ~ Z '.... ~ , ... ... =< "'oJ .S;- -< , , , ~ - , .... - .... ~ ~ , u" .. l' ! ] ! , ~ , . - , . <. -", .' ~-.--" . .- ",-. "" - >-, ~,', ... . GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr, Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 PIano, TX 75024-3632 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff :ACTION OF MORTGAGE FORECLOSURE VS. MARTIN E. BAILEY AND MELANIE R. BAILEY (Mortgagor(s) and Record Owner (s) ) Term No. 00-7424 Civil Term 35 N. Middlesex Road Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 COUNTRYWIDE HOME LOANS INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 35 N. Middlesex Road, Carlisle, PA 17013 1. Name and address of Owner(s) or Reputed Owner(s): MARTIN E. BAILEY 35 N. Middlesex Road Carlisle, PA 17013 MELANIE R. BAILEY 35 N. Middlesex Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: MELANIE R. BAILEY 35 N. Middlesex Road . ,---, "" ..,~, "'."> >=--," ,,^ '-u"-.' h=,,-,- ,,,' '>-,1 .. . Carlisle, PA 17013 MARTIN E. BAILEY 35 N. Middlesex Road Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS - CUMBERLAND COUNTY P.O. Box 1055 Meadville, PA 16335 PA DEPARTMENT OF PUBLIC WELFARE - BUREAU OF CHILD SUPPORT ENFORCEMENT Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105 4. Name and address of the last recorded holder of every mortgage of record: HARRIS SAVINGS BANK 235 N. Second Street Harrisburg, PA 17105 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information " " ~, 'l' 'M']"""- C,,"___,' .-.d' ',_, -;:-'__""1;",-, .. . ' and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authoritie . K Me BY: eph A. Goldbeck, Jr., Attorney for Plaintiff DATED: December 11, 1998 mJ.Rid:'-:"b'~""'''''''=filD~~~~~'~~ '.iiJtlii-r 'JiIiiIlIIiIlIiI ,~, '_..0 "," ~,_~.. <, _",I ~,"< 0:) ':'-"" , _ ,. ". ,,, ~ , , ~ < - ,. '"' ., -,- ~~" ,", 0 <::> 0 c <::> -n 7 Cl ..\ -om n1 i:-~~ fQ nlf'-; n z:c ,,-,'~rfi zr'-' ;.)9 (,f)-":.> N ~:2:_ ~:-:1c' [::G :2 ~.1=':H ~Q y "; ..~- ..... ':-'4 C) ;;;0 ~ 6rn c: -, ~ :=- ?ii .:=- '< .. " 'j; ! , I' f \ .~ - " "". ~'.. 'l~ """" ,", "",_~~"'", --,", ".,c,-' _. i 'to'; ). , . GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 PIano, TX 75024-3632 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW vs. :ACTION OF MORTGAGE FORECLOSURE MARTIN E. BAILEY AND MELANIE R. BAILEY (Mortgagor(s) and Record Owner (s) ) 35 N. Middlesex Road Carlisle, PA 17013 Defendant(s) Term No. 00-7424 Civil Term THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MELANIE R. BAILEY 35 N. Middlesex Road Carlisle, PA 17013 Your house at 35 N. Middlesex Road, Carlisle, PA 17013 is scheduled to be sold at Sheriff's Sale on March 7, 2001, at 10:00 a.m., in Cumberland County, Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA 17013 to enforce the court judgment of $68,796.25 obtained by COUNTRYWIDE HOME LOANS INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to COUNTRYWIDE HOME LOANS INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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 below 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 NOT TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of Cumberland County at (717) 240-6390. 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 the Sheriff of Cumberland County at (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 a 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 thirty (30) days from the date of the Sheriff's 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (aao) 990-910a Legal Services Inc. a Irvine Row, Carlisle, PA 17013 (717) 243-9400 ~~l~~.-'.- -~l!ii,ml~~~i~4l1Olil~i:k!ll"'V&"-'-'-'.dl" "~iid " "'~ ...., 0 C) 0 c: 0 " $: Cl .-4 "Va; r" iTipg m['il n z:r; Z~:: N ~g7 ~L~: kO :~~!r C) . -0 ;~~ ~() :x ~- --C.J r:-i' Om Pc: Z c- ~ =< +'" ~ <, .- ~", ~~ -, , Vi {. ~ '.:, ;! [1 1:1 ;l ~ ~ I ., , I'.: J ~ ,:~ I ! I ,.-.1 . >. J " , ~ -, .~ " " , - "- ~--." "^ ""-' - ',,"", , '''i GOLDBECK McCAFFERTY & McKEEVER Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 PIano, TX 75024-3632 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff :ACTION OF MORTGAGE FORECLOSURE vs. MARTIN E. BAILEY AND MELANIE R. BAILEY (Mortgagor(s) and Record Owner(s) ) Term No. 00-7424 Civil Term 35 N. Middlesex Road Carlisle, PA 17013 Defendant(s) CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is not subject to Act 91 of 1983 insofar as it is an FHA insured loan. .......c, -~,>",,,,,,,...4iIIt:I~il~IR!!lN:J;M;,,<.i;~~""""'.~I!il~ . ,< ,~ ,., .1i_,,,, .=~, 1 L; I' I'i i: 1:, " r( ~' !: !i ~ Ii II ; Ii I' i " i 0 0 0 C 0 -oS:: -n 0 --j mcr, I.,., ';{~iJJ 2fl1 n _:,1") Z' wS:: 'T1m ,s;Z r'o..l <)0 :)t <C -0 ~~J+ ~o ~ ~f- -ri 5>0 ~~~ (~ C r;.;> om :z: '-1 =< c- ~ .::- -< ~ ".- ."..,,-"'--- '1i1JWttl$:O . GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. III S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for P2aintiff Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was m~ by: ( ) Personal Service by the Sheriff's Office/ ~(...." alL.." ! J.Hot (copy of return attached) . ) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached) . Certified mail by Sheriff's Office. Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). Acknowledgment of Sheriff's Sale by Attorney for Defendant(s) (proof of acknowledgment attached). Ordinary mail by Sheriff's Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriff's Office/competent adult (copy of return attached). Certified Mail & ordinary mail by Sheriff's Office (copy of return attached) . Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached}. Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the s penalties provided by 18 P.S. Section herein are subject to the ~-". ?1Db ~5?5 11'~ D41~ ~1D , . TO:MARTIN E. BAILEY 35 N, Middlesex Road . , Carlisle, PA 17013 CUMBERLAND SENDER: REFERENCE: GOLDBECK MCCAFFERTY & MCKEEVER _ December 11, 1998 BAILEY, MARTIN E. / CWO-OB6! PS Form 3800, June 200'// 7/01 - RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees RUSePCoesta."pl StervfiOcer POW'6J. '(\t\ ii \~ ~i Certified Mail .~\ '~~~~~ ""/ ./~, / / No Insurance Coverage Provided ' <j -- .- 00 Not Use for International Mail ?1Db ~5?5 129~ D~19 ~22? TO:MELANIE R. BAILEY 35 N. Middlesex Road, carlisle, PA 17013 CUMBERLAND SENDER: REFERENCE: GOLDBECK McCAfFERTY & MCKEEVER. December 11, 1998 BAILEY,MARTIN E. / CWD'086! PS Form 3800, June 20or}( 7/01 . 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" ^ .z " ID g, 3 " o ~ " . ~ " '" ID '" ~' " ~ Q S: " . ,~~'''''~-_.~~< "" ,.~>~."~ - - ~~,~- " , ""J., ~, -~ ~ Countrywide Home Loans Inc. -vs- Martin E. Bailey and Melanie In the Court Of Common Pleas of Cumberland County, Pennsylvania No. 2000-7424 Civil - Michael E. Barrick, Deputy Sue i , who being duly sworn according to law, says on January 5, 2001 at 9:02 o'clock A.M. EST, he served a true copy of real estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Martin E. Bailey by making known unto Melaine Bailey, wife at 35 North Middlesex Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. Michael E. Barrick, Deputy Sheriff, who being duly sworn according to law, says on January 5, 2001 at 9:02 o'clock A.M.ESTR, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one ofthe within named defendants to wit: Melaine R. Bailey by making known unto Melanie Bailey at 35 Middlesex Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies ofthe same. Michael E. Barrick, Deputy Sheriff, who being duly sworn according to law says on January 5,2001 at 9:02 o'clock A.M.EST he posted a copy of Real Estate Writ Notice Poster and Description on the property of Martin E. Bailey and Melanie R. Bailey located at 35 Middlesex Road, Carlisle, Cumberland County Pennsylvania according to law. R. Thomas Kline, Sheirff, who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the followillg manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Martin Bailey by regular mail to his last known address 35 North Middlesex Road, Carlisle, Pennsylvania. This letter was mailed under the date of January 8, 2001 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says 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 one of the defendants to wit: Melanie R. Bailey by regular mail to her last known address 35 North Middlesex Road, Carlisle, Pennsylvania. This letter was mailed under the date of January 8, 2001 and never returned to the Sheriffs Office. soan?,~""",~~ R. Thomas Kline, Sheriff Byj(;rJ;J' Jtj7J;; Real Estate Deputy " . "'-""--'~'~,~ - ,,,,'nJ-< ~~lDi"'" GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plana, TX 75024-3632 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff :ACTION OF MORTGAGE FORECLOSURE vs. MARTIN E. BAILEY AND MELANIE R. BAILEY (Mortgagor(s) and Record Owner (s) ) Term No. 00-7424 Civil Term 35 N. Middlesex Road Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 COUNTRYWIDE HOME LOANS INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 35 N. Middlesex Road, Carlisle, PA 17013 1. Name and address of Owner(s) or Reputed Owner(s) : MARTIN E. BAILEY 35 N. Middlesex Road Carlisle, PA 17013 MELANIE R. BAILEY 35 N. Middlesex Road Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: MELANIE R. BAILEY 35 N. Middlesex Road -""" '" ^J_ '~-'-" -. ~ilii.", Carlisle, PA 17013 MARTIN E. BAILEY 35 N. Middlesex Road Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE BUREAU OF CHILD SUPPORT ENFORCEMENT Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105 DOMESTIC RELATIONS - CUMBERLAND COUNTY P.O. Box 1055 Meadville, PA 16335 DOMESTIC RELATIONS PO Box 320 Carlisle, PA 17013 MIDDLESEX TOWNSHIP MUNICIPAL AUTHORITY 35 N. Middlesex Road Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: HARRIS SAVINGS BANK 235 N. Second Street Harrisburg, PA 17105 SECRETARY OF HOUSING & URBAN DEVELOPMENT PO Box 23999 Lenfant Plaza Station Washington, DC 20026 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. """' ~, , ~, ..~;-- 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. (attach separate sheet if more space is needed) 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. Section 4904 relating to unsworn falsification to authorities. DATED: January 24, 2001 J " Countrywide Home Loans Inc. -vs- Martin E. Bailey and Melanie R. Bailey ~~. ~$t..'~:>ii*FM"", In The Court of Common Pleas of Cumberland County, Pennsylvania No.2000-7424 Civil R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ is returned STAYED. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Law Library County Levy Postpone Sale Surcharge Certified mail Mileage Law Journal Patriot News Out of County Share of Bills Sworn and subscribed to before me This '111./ day of ~ 2000, A.D. ~ (2 ~/~ P othonotary 30.00 10.57 15.00 15.00 .50 1.00 15.00 20.00 30.00 3.24 3.10 200.30 169.59 25.53 $538.83 Pd by atty 03/06/01 1&rin~_~A<~~~~ R, Thomas Kline, Sheriff BY$t;,,//;Jl:tz- Real Estate Deputy rP\ \, '1 \ \, G\iI,?l '3b'O>' ~ Jo :{pP \ =~""""""''''''''~.='~~~''_-~.,~~..~''"'-c_~~ < ~- - ~- ~ - -- - - - - -- j-_ -= ~'~_ ~ ___=__---- ~- .]]:; [ -- =-- _- __ ~ _~~-- ~ ~-r :: - - _ " ,,- -~ ~__,~ ,~~----::- ~ ~" -. -"""~- - ,~,~, =-'-""lM!ii"~. -",-- - - .&~ f\ii;j" ,"c '~ I ~""""'-"'l~_~' ,;\ ~---:;-~ -=-~ --;; , GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 PIano, TX 75024-3632 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff :ACTION OF MORTGAGE FORECLOSURE VB. MARTIN E. BAILEY AND MELANIE R. BAILEY (Mortgagor(s) and Record Owner(s)) Term No. 00-7424 Civil Term 35 N. Middlesex Road Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 COUNTRYWIDE HOME LOANS INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 35 N. Middlesex Road, Carlisle, PA 17013 1. Name and address of Owner(s) or Reputed Owner(s): MARTIN E. BAILEY 35 N. Middlesex Road Carlisle, PA 17013 MELANIE R. BAILEY 35 N. Middlesex Road Carlisle, PA 17013 2. Name and address of Defendant (s) in the judgment: MELANIE R. BAILEY 35 N. Middlesex Road ~"'f"'-=~~"""""'~"--~~~~~~~~____'='"'" ~"",,,,,,,~'.:,,,,,. ~_,,~ ~ - ~~".=--- , -- - - - - - - - -- - --:: - - ',,,- - - -=- - -=- ---- - - - - .- - - =------- - -""""'", - "" ,,=-~---~-=' w ""'.., --- ~"" ~~-~ ~~=~~---~~~ ,_!l~ -!I "~~. --"_'L~~_=-_, ~.,.~\il1ili;j _ -' : Carlisle, PA 17013 MARTIN E. BAILEY 35 N. Middlesex Road Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS - CUMBERLAND COUNTY P.O. Box 1055 Meadville, PA 16335 PA DEPAR~MENT OF PUBLIC WELFARE - BUREAU OF CHILD SUPPORT ENFORCEMENT Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105 4. Name and address of the last recorded holder of every mortgage of record: HARRIS SAVINGS BANK 235 N. Second Street Harrisburg, PA 17105 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. (attach separate sheet if more space is needed) 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. Section 4904 relating to unsworn falsification to authoritie . BY: DATED: December 11, 1998 ". r"'"""':~""flC'itti: " .. .. .. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX B-35 Plana, TX 75024-3632 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW vs. :ACTION OF MORTGAGE FORECLOSURE MARTIN E. BAILEY AND MELANIE R. BAILEY (Mortgagor(s) and Record Owner (s) ) 35 N. Middlesex Road Carlisle, PA 17013 Defendant(s) Term No. 00-7424 Civil Term THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MARTIN E. BAILEY 35 N. Middlesex Road Carlisle, PA 17013 Your house at 35 N. Middlesex Road, Carlisle, PA 17013 is scheduled to be sold at Sheriff's Sale on March 7, 2001, at 10:00 a.m., in Cumberland County, Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA 17013 to enforce the court judgment of $68,796.25 obtained by COUNTRYWIDE HOME LOANS INC. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to COUNTRYWIDE HOME LOANS INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was _0 ,. 1 ,I~~ -I ,,,,'- i '"~'.I. ,~"~_;",;;,;,"~~,,;,,,,-L. ,;, _~,','o "'..-;" .. . . , ~ 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 below 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 NOT TAKE P~ACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of Cumberland County at (717) 240-6390. 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. ro find out if this has happened, you may call the Sheriff of Cumberland County at (717) 240-6390. 4. If the amount due from the Bhyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a 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 thirty (30) days from the date of the Sheriff's 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, FA (800) 990-9108 Legal Services Inc. 8 Irvine Row, Carlisle, FA 17013 (717) 243-9400 ..J ~...~~~_ ,..L t_ .. " I :_-, .. '. ~ Lel!al Deseriotioll: ALL THAT CERTAIN LOT OF GROUND SITUATE IN THE TOWNSHIP OF MIDDLESEX, COUNTY OF CUMBERLAND AND STATE OF PENNSYLV ANlA, WITH THE IMPROVEMENTS ERECTED THEREON, BOUNDED AND DESCRiBED AS FOLLOWS: BEGINNING AT A STONE IN THE MIDDLE OF A PUBLIC ROAD LEADING FROM THE TURNPIKE TO CARLISLE SPRINGS ROAD; THENCE BY SAID ROAD, NORTH 37 DEGREES WEST 77 FEET TO A STONE IN THE MIDDLE OF SAID PUBLIC ROAD; THENCE BY LAND NOW OR FORMERLY OF W. F. GLADFELTER, NORTH 74 DEGREES EAST 176 FEET TO A POST, THENCE SOUTH 37 DEGREES EAST 61 FEET TO A 12 - FOOT ALLEY; THENCE BY SAID ALLEY; SOUTH 69 DEGREES WEST 174 FEET TO THE PLACE OF BEGINNING. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 35 N. Middlesex Road, Carlisle, PA 17013. SOLD AS THE PROPERTY OF Martin E. & Melanie R. Bailey. TAX PARCEL # 21-17-2696-036. .~ I I. 1-, !', h' - -" tiJ:~. WRIT OF EXEClf):'~ and/or ATTACHMENT - ,,'-~ COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO, 00-7424 CIVIL TERM CIVIL ACTION -LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt; interest and costs due Countrywide Home Loans Inc. PLAINTIFF(S) from Martin E. Bailey and Melanie R. Bailey (Mortgagor(s) and Record Owner(s) 1~ N M;nnl~q~v Rn~n. r~rliql~r pn 17n11 DEFENDANT(S) (1) You are directed 10 levy upon the property of the defendant(s) and to sell See Leqal Description (2) You are "Iso directed to attach the property of the defendant(s) not levied upon in the posses8ion of GARNISHEE(S) as follows: and to notny the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any deb! to or tor the account of, the defendant(s) and trom delivering any property of the defendant(s) or otherwise disposing thereof; .., (3) If property1lfthe ~efend;;intfsJ 1l0Ueviedupon an subjectto attachment is found in the possession of anyone other than a named garnishee, you are directed to notify hilTVherthat he/she has been added as a garnishee and is enjoined as above stated. % L.L. Due Prolhy Other Costs $.50 $1. 00 Amount Due $F;Rr7% ?S Interest 4/1/00 to 12/12/000 at 8.000% Atty's Comm Atty Paid Plaintiff Paid $1l9.10 Date: December 12r 2000 Curtis R. Long Prothonotary, Civil Division <-by: 4.......~_P.~r~~ Oeputy REQUESTING PARTY: Name ,Tm,,"ph A. ('.,01 rJhp<"'k. ,Tr. Suite 500 - The Bourse Bldg. Address: IllS. Iu.:kp=l1\l=l'-'''' Mall Ba" L philadelphia, PA 19106 " Attorney for: plaintiff Telephone: 215-627-1322 Supreme Court ID No, 16132 JWl!lil!lil~JI';uh:j' Jj!<!mi<iI!.~t~_iiliiH'lit.lW8W~Ili!!IlIl;~~t.Mt#'!I'ijili'-~"'4'Y&i8>l'Jm)~~'1~~";""'" ",,'~,I-' --" ~ -li"'-'-" """'""" r _ ~""''"'lI~-_. '. ;~... ",,~~~ . ,. . REA[ 'ESTATE SALE No~?1~.' - , 12... H .J.e..... J J . ~ the sheriff levied upon the defenaams interest in the real property situated in /Y11:_l..lt_~.y /LJ'2UvI4.d:r- . Cumberland County, Pa., kno\i'n 'mct numbered as: 3$1() AH .J..lt~e.,.f U (}.Ja~f)~ , ana more hw ,leiser/oed on Exhibit "A" flied with this writ ana by this reference incorporated herein. l?,te: .I{4;j", .L)~ ~ By:, /?Z. u ,A.7It' ~~ ~~,d?,e/'~~77 \' VINV^lASNN3d :ilSllHV:) 00. ~d 90 2 EI 3~ AUIMO Gkn\lJari~G lI111l311S 3ilJ. jOll:llliilO ':'.,,~-,- ,,' ,'~<' -~,~'" "'-~,''''d ,"" , ""'_""''"'''' "",'P"'C, ;L~w " ; , T_ ,'" ,_,,.,,~, '~..'~__ ,"' _'__c ~ " ~ C\i\l c;:;:i1 c::::::'I ~ va