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HomeMy WebLinkAbout03-2170 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, P A 19103 (215) 563-7000 MORTGAGEELECTRONlC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FOR PLAINTWF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. D3 -~/'lD e"OL'(~~ v. CUMBERLAND COUNTY CYNTHIA J. MICHAUD SCOTT M. MICHAUD 1059 YORK ROAD DILLSBURG, PA 17019 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **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. ** 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. W YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Loan #: 505292095 Loan #: 505292095 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 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 TillS SUIT. 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: CITIM:ORTGAGE, INC. 27555 FARMINGTON ROAD P.O. BOX 1800 FARMINGTON HILLS, MI 48334 2. The name(s) and last known addressees) of the Defendant(s) are: CYNTHIA J. MICHAUD SCOIT M. MICHAUD 1059 YORK ROAD DILLSBURG,PA 17019 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/21/1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE INVESTORS CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1509, Page 236. By Assignment of Mortgage recorded 4/12/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 646, Page 504. 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 01/01/2003 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. Loan #: 505292095 6. The following amounts are due on the mortgage: Principal Balance Interest 12/01/2002 through 05/05/2003 (per Diem $28.28) Attorney's Fees Cumulative Late Charges 12/21/1998 to 05/01/2003 Cost of Suit and Title Search Subtotal $158,819.93 4,411.68 850.00 176.97 $ 750.00 $ 165,008.58 Escrow Credit Deficit Subtotal - 685.50 0.00 $- 685.50 TOTAL $ 164,323.08 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. 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) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. 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 $ 164,323.08, together with interest from 05/05/2003 at the rate of $28.28 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. AN AND NlEL~LP By: Is rancis S. Hallinan F FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Loan #: 505292095 AI.... mAT CERTAIN Crae.; of lelnd, together with improvements thereon '~recced, all sieuata in the Townsh;'.p of /'fonroll. County of CtJllfberland and Commonw>!lalth of Pennsylvenia, being mc.re particularly bounded and described as 1011nws, to wiC: BEGINNING .t stones wtd.ch mark the point at adjoinder of che within described tract: w:1th other land:! now or formerly or Donald R. Ohrum, end other lands now or formerly "f Sh:i.llito Enterprises, Inc.; sa;l.d scone p:l.l. merld.na ehe norehern- mose point of the wichin described parcel; thence extending alon8 OC~er lands. now or formerly ot Donald R. OhrulII. South thircy-two deerc.s l:wency'-r:wo minutes forey-five seconds East (3 320 22' 45" E), for II distallce of six hundred eight- een and forty-.~x hundredch. feee (618.46') to a st.el pin at lends nowor lormerly of H. N. Humms's heirs: thence extending along lands no,~ or formerly of Humma's heirs, South thirey-eiahe dearees seven minutes twenty-f~ve ~econds Wese (S 38- 07' 25" "'>. for a distance of three hundred ni.nee)' and .dxty-three hundredehs teet (390.63') to . seee~ pin see ae lands now or :[orme..-ly of 1I0mer Gladfelter; chern;e ext'lndins elong lands now or formerly of IIomer Gladfel ter, North twent:y-eiaht des'~ees forty-one minutes forcy seconds West (N 280 41' 40" W), for a distance of :Iix hundred thirty-six and thirCy-cwo hundredths feec (636.32') to a railroell nail in scones ac lands now or formerly of Shillico En- cerprise., Inc.: ehenc(, extendina alons Shillito Enterprises, Inc.. North chircy-eiaht dearees t".ney-six minutes forty-five seconds Eiosl; (N :ISo 25' 45" E), for a disCanee ot I:hree hundred torty-six and fifey-seven hllndr"dc;hs feet (346.57') to scone. ae ocher lands now or formerly of Ooneld R. Olln:m. sald aeone. ....rlcina the Placa of BEGINNING. CONTAININC 4.9"'7 acres, :in .ecordanca wit:h a survey prepared for Donald R. Ohrum by Rodney Lee Decker. ~egistered Surveyor and dated December 17, 19U1. UNDER AND SUBJECT, NEVERnrELESS. to the'.ceservation lJy the Grantors herein unco chema.lves, cheir heirs, successors and assians of a p~rp.tual e3SCI:wnt ftnd riahc-o~_uy acro.s and chro\.lSh the nlJl"thwest:er'n end of t:he within l!<?scr:ibed tract, of a \.Iniform wJ.dth of twenty feet: (20'). the cel1ter line oe which ease- ment and r1aht-of_ay is; the ceneer line of an ex1st:ina driveway or W'ood:s road which trev.r-ses said.. tr!lct:, and excel1ds to ocher lands of t:he Cranco,.s herein, said other lends formerly bwned by Ilomer Gllldfelccr. TOGETHER WIn! II right-o~-way for 1naress. regrssa and reare:ss in. to and over · scrip of land twenty :~C!et wide Qxtendins .from Pa lIighway Route No. 74 in a southwesterly direction to the .ouehwester-n corner of land o.f t:he Cruneees as shown of ehe attac:hed Stlr'vay. Said righc-o.l!-way was exp....ssly r~sQrv..d for the. he;l.rs, ....ccessor.. and ausisns of.th.. Graneors in prior d..ed... ." BEING known and numbered as 1059 Yorlc Ro;ad, Dill~bur8, Pennsylvania. BEING THE SM1E PREMISES wh1c:h Michael J. 1I0rne & Cheryl J. 1I0rne, husband and wif., by De.d dated and recorded AUBust: 24. 1987 in the Office of the Recorder of Deeds in and fot' Cumber-land County i.n Oeed. Book w, Vo.Lume 32, Puss 85:3. granted and conveyed unto Carl A. Erikson & JOC:1.lyn A. Erikson, husband and wife. Grant:ors herein. VERIFICATION TERESA METCALF hereby states that she is ASSISTANT SECRETARY of CITTh10RTGAGE, INC mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure 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 unsworn falsification to authorities. DATE: 5.r~ 1tIESA MOtALI Assfstant SecretIry to p ~~ ~ ~ !a ~ 6) i;:; ~ o fI't o ~ J (") 0 c C') 0 ~i ~r "'~ -11 ~~> ;~ ~..'" lor; r."'" ~~~ ""'J .~ :>~ (' )> I .-.j :.J .. _r~ (J1 -'--' --< 'B SHERIFF'S RETURN - REGULAR CASE NO: 2003-02170 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC VS MICHAUD CYNTHIA J ET AL DAWN KELL cumberland county,pennsylvania, who being duly sworn according to law, , Sheriff or Deputy Sheriff of sayS, the within COMPLAINT - MORT FORE was served upon the DEFENDANT , at 1440:00 HOURS, on the ~ day of May ~ , 2003 - MICHAUD CYNTHIA J at 1059 YORK ROAD DILLSBURG, PA 17019 by handing to CYNTHIA J MICHAUD together with a true and attested copy of COMPLAINT - MORT FORE and at the same time directing Her attention to the contents thereof. -= So Answers: r~~ R. Thomas Kline Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.59 .00 10.00 .00 35.59 05/12/2003 FEDERMAN & PHELAN sworn and Subscribed to before By: \)~ !. ~ Deputy Sheriff me this /9 ~ day of /Vu...., d. 00-3 A . D . /.~ \. )~'f'p';ot(2o~~{!i'" oh SHERIFF'S RETURN - REGULAR CASE NO: 2003-02170 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC VS MICHAUD CYNTHIA J ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MICHAUD SCOTT M the DEFENDANT , at 1440:00 HOURS, on the 9th day of May , 2003 at 19 GETTYSBURG PIKE APT 1 MECHANICSBURG, PA 17055 by handing to SCOTT MICHAUD a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 6.21 .00 10.00 .00 22.21 So Answers: ~~(J'"~::",~,<"~,, ...~.~ A -, -.,' .<r_~,"" ,,~, .""<....~_.~ R. Thomas Kline 05/12/2003 FEDERMAN & PHELAN Sworn and Subscribed to before By: ':)~~. ~~ Deputy Sheriff me this Ii:.- 19 ~ day of ~ . ;Jd"1l3 ~ /fuj' . fl 'i/-t, rothonotary A.D. .~ FEDERMAN AND PHELAN, LLP . By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION CYNTHIA J. MICHAUD SCOTT M. MICHAUD NO. 03-2170 CIVIL TERM Defendant(s). PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against CYNTHIA J. MICHAUD and SCOTT M. MICHAUD, Defendant(s) for failure to file an Answer to Plaintiff's 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 5/5/03 to 6/24/03 TOTAL $164,323.08 $1.442.28 $165,765.36 I hereby certify that (I) 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. ~ t rivlIrLDJi -I FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. t ;) DATE:--1/J})€ :n,.206J (Jb/I-f'-u~ .~~ PRO PROTHY c;r- FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (71'\) '\01-7000 ATIORNEY FOR PLAINTIFF MORTGAGE ELECfRONIC REGISTRATION SYSTEMS, INe. : COURT OF COMMON PLEAS Plaintiff : CIVIL DMSION Vs. : CUMBERLAND COUNTY CYNTHIA J. MICHAUD SCOTI M. MICHAUD Defendants : NO. 03-2170 CIVIL TERM TO: CYNTHIA J. MICHAUD 1059 YORK ROAD DlLLSBURG, PA 17019 FILE COpy DATE OF NOTICE: ,JTTNF, 'I, 200:1 THIS FIRM IS A DEBT COLLECfOR ATfEMPTING TO COLLECf A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATfEMPT TO COLLECf lHE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY, lHIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATfEMPT TO COLLECf A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. TMPORT ANT NOTICF. 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 enlered 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717)249-3166 ~- -r- FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff . FEDERMAN AND PHELAN, LLP fRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (71 'i) 'i/\1-7000 ATTORNEY FOR PLArnTffF MORTGAGE ELECfRONIC REGISTRATION SYSTEMS, INC. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY CYNTHIA J. MICHAUD SCOTT M. MICHAUD Defendants : NO. 03-2170 CIVIL TERM TO: SCOTT M. MICHAUD 1059 YORK ROAD DD..LSBURG, PA 17019 DATE OF NOTICE: JTJNF. 9, 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT TIIE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR TIlAT 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. TMPORTANTNOTICF. 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 lake 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 ~~ 7---- FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attomeys for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2003-02170 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC VS MICHAUD CYNTHIA J ET AL DAWN KELL Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MICHAUD CYNTHIA J the DEFENDANT , at 1440:00 HOURS, on the 9th day of May , 2003 at 1059.YORK ROAD DILLSBURG, PA 17019 by handing to CYNTHIA J MICHAUD 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: 18.00 7.59 .00 10.00 .00 35.59 ..~Gl~~?~ R. Thomas Kline 05/12/2003 FEDERMAN & PHELAN Sworn and Subscribed to before By: \)~~. ~L Deputy Sheriff me this day of A.D. Prothonotary 5'-:> 0 SHERIFF'S RETURN - REGULAR CASE NO: 2003-02170 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC VS MICHAUD CYNTHIA J ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MICHAUD SCOTT M the DEFENDANT , at 1440:00 HOURS, on the 9th day of May , 2003 at 19 GETTYSBURG PIKE APT 1 MECHANICSBURG, PA 17055 by handing to SCOTT MICHAUD a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 6.21 .00 10.00 .00 22.21 ;;:,:').~~;~~~' t R. Thomas Kline ,:J~.,Y? ~ ~ ~~~~i.~"f" / 05/12/2003 FEDERMAN & PHELAN Sworn and Subscribed to before By: \:)'LLu"" ~. ~JL Deputy Sheriff me this day of A.D. Prothonotary iQ ~ 1- D ...c ~ 0 () [ri - ~ -V ~ 0 n () .0 ~ p.=. r;: w -q ~ .~ -uc ~-= D ~ n1r' . ;~ ~ ~:J "'~ p:: ~ &;I,~ .~ ~. ;, ~ c::. (-' -c::> p" _..~ _.~ ( ..::.... c.. j>C J ~ f...' ", ...:::'. ::::> v. :<! :.:0 en -< PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. No. 03-2170 CIVIL TERM CYNTHIAJ.MICHAUD SCOTT M. MICHAUD Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $165,765.36 Interest from 6/24/03 to 12/10103 (per diem -$27.25) $5.967.75 and Costs TOTAL $171,733.11 ~f1~.J\\.fM.-J FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff >- ~ I.:::. (--. W" 0;-' r.j":: (~) i~:. c:~ ,'- I.;"'j'. -- ,..m u_ o \.0 C. ~ 05 r"~ ':;--!7 '";( -~ >- ;"(1) ;rz: LZ UUJ ,--DO- :;;;; => (.) -3 (1.- r- N .".. =5 , C") o ....::$ oz oo~ <...:I ;:J;.- i:l..00 ZZ OZ ~il: ~ . O!: UZ ....;:l 00 ...U Cl:iQ ;:l~ 8;j fiolfiol == ...~ Z;:l ....U ~.~: -=di:::::::: ('- ~ I I 8E;ri !:QlI)c-Y ~"'l'O u UZ ........ Z . 000 ~~ ...fiol U'" fioloo ...:1;'- fioloo fiolZ ,,9 ~~ t;... of!l ~" ~ .... - .. .. \) 0 l.i) 0 l.I) . ~o- o Q l.., 0" l) 0: ,.., f .... .; ... QQ ;:l;:l << == ~U ~.... .~ ... . <~ ....... =... "'0 ~u UOO .. .. .. .. ~-j () ~ o l., ....... ~~ Z o .... ... ;:l U fiol'Q;' ><: .. fiol = .... ~ 0.. ... ::: Ql~ ~~ ~ " o~ ....~ fiol~ i:l..'-' .... U fiol ~ i:l.. ~~ ~.~ E: .... <8 ,.., " E E <: G -o~ ..!l ) ~ =:; g ;:l = 00 U .... a--z 8< t-= ....U <fiol ~~ " . ~-: ;:l... =i:l.. 00< ...:I . =[:2 Q.... .i:l.. Q" <~ o;:l ~= ~oo O!: ;.-f,;;i a--" III <:> a-- .... .... u; '" ~ ">:l ">:l < III III <:> t- .... 0-.... ~~ ~O" ()JNl -- 111 cJ~ .,,; " c " '" " .D ~ 8 ~ " g. Q. " .... ~ ~ 19 j .J ~ DESCRIPTION ALL THAT CERTAIN tract of land, together with improvements thereon erected, all situate in. the Township of Monroe, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at stones which mark the point of adjoinder of the within described tract with other lands now or formerly of Donald R. Ohrum and other lands now or formerly of Shillito Enterprises, Inc.; said stone pile marking the Northeasternmost point of the within described parcel; thence extending along other lands now or formerly of Donald R. Ohrum, South thirty-two degrees twenty-two minutes forty-five seconds East (S. 320 22' 45" E.), for a distance of six hundred eighteen and forty-six hundredths feet (618.46') to a steel pin at lands now or formerly of M. N. Mumma's heirs; thence etending along lands now or formerly of Mumma's heirs, South thirty-eight degrees seven minutes twenty-five seconds West (S. 38007' 25" W.), for a distance of three hundred ninety and sixty-three hundredths feet (390.63') to a steel pin set at lands now or formerly of Homer Gladfelter; thence extending along lands now or formerly of Homer Gladfelter, North twenty-eight degrees forty-one minutes forty seconds West (N. 28041' 40" W.), for a distance of six hundred thirty-six and thirty-two hundredths feet (636.32') to a railroad nail in stones at lands now or formerly of Shillito Enterprises, Inc.; thence extending along Shillito Enterprises, Inc., North thirty-eight degrees twenty-six minutes forty-five seconds East (N. 380 26' 45" E.), for a distance of three hundred forty-six and fifty-seven hundredths feet (346.57') to stones at other lands now or formerly of Donald R. Ohrum, said stones marking the place of beginning. CONTAINING 4.947 acres, in accordance with a Survey prepared for Donald R. Ohrum by Rodney Lee Decker, Registered Surveyor and dated December 17, 1981. BEING known and numbered as 1059 York Road, Dillsburg, Pennsylvania. Tax Parcel #22-12-0350-051 TITLE TO SAID PREMISES IS VESTED IN Scott M. Michaud and Cynthia J. Michaud, his wife by Deed from Carl A. Erikson and Jocilyn A. Erikson, his wife, dated 7/29/1994 and recorded 8/2/1994 in Record Book 109, Page 620. FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SUITE 1400 PHlLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 03-2170 CIVIL TERM CYNTHIA J. MICHAUD SCOTT M. MICHAUD Defendant(s). VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, 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 CYNTHIA J. MICHAUD is over 18 years of age and resides at 1059 YORK ROAD, DILLSBURG, PA 17019. (c) that defendant SCOTT M. MICHAUD is over 18 years of age, and resides at 19 GETTYSBURG PIKE, APT. 1, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. "~\i~(j~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff () .=:,t 0 c: c..o -n <" c::. -noe !;2[!.. ~~ ""' ." '" ."'J z C~ l-:;I ~ , -.., () '< ., --H ~F _.~"'" , (J ;r;;c r.- r-Ji .-~ ! z: .::> 55 ::? m -< FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PffiLADELPffiA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION CYNTffiA J. MICHAUD SCOTT M. MICHAUD NO. 03-2170 CIVIL TERM Defendant(s). CERTIFICATION FRANK FEDERMAN, 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. ~kJ~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff () c ",. "'0 l:~ mr: z~! 7" oS" -< ~f~. ~(= .--( so; '-"'- ~ o (...) o -n N ....J .-0 :X .. ~ '''.'~ :c':') \fn "-:': ",> :0 -< .:- => (1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION CYNTffiA J. MICHAUD SCOTT M. MICHAUD NO. 03-2170 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, 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 1059 YORK ROAD, DILLSBURG, PA 17019. I. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CYNTHIA J. MICHAUD 1059 YORK ROAD DILLSBURG, PA 17019 SCOTT M. MICHAUD 1059 YORK ROAD DILLSBURG, PA 17019 2. Name and address ofDefendant(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 oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HOUSEHOLD REALTY CORPORATION 25 GATEWAY DRIVE GATEWAY SQUARE, SUITE 107 MECHANICSBURG, P A 17055 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 1059 YORK ROAD DILLSBURG, P A 17019 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. June 24, 2003 DATE ~~c1~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff (! c:' 0 C (.~J -I', ~,.. ~ -0 v. c:: l:p!,,: :;:::= ~.. :'-..) Z {,,- (j) d' - -< ';-1 ~C --n --1'\ :E: ... (-) :Z: i- m c .- r::- '.-) .PC ~-t 2: -..", --, => :D -< -.J -< MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, No. 03-2170 CIVIL TERM v. CYNTIDA J. MICHAUD SCOTT M. MICHAUD Defendant(s). June 26, 2003 TO: CYNTHIA J. MICHAUD 1059 YORK ROAD DILLSBURG, PA 17019 SCOTT M. MICHAUD 19 GETTYSBURG PIKE, APT. 1 MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at .1059 YORK ROAD. DILLSBURG. PA 17019. is scheduled to be sold at the Sheriffs Sale on DECEMBER 10. 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $165,765.36 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. 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 Sheriff's 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 ifthe 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN tract of land, together with improvements thereon erected, all situate in. the Township of Monroe, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at stones wbictl mark the point of adjoinder of the within described tract with other lands now or formerly of Donald R. Obrum and other lands now or formerly of Shillito Enterprises, Inc.; said stone pile marking the Northeastemmost point of the within descnOed parcel; thence extending along other lands now or formerly of Donald R. Obrum, South thirty-two degrees twenty-two minutes forty-five seconds East (S. 320 22' 45" E.), for a distance of six hundred eighteen and forty-six hundredths feet (618.46') to a steel pin at lands now or formerly of M. N. Mumma's heirs; thence etending along lands now or formerly of Mumma's heirs, South thirty-eight degrees seven minutes twenty-five seconds West (S. 380 07' 25" W.), for a distance of three hundred ninety and sixty-three hundredths feet (390.63') to a steel pin set at lands now or formerly of Homer Gladfelter; thence extending along lands now or formerly of Homer Gladfelter, North twenty-eight degrees forty-one minutes forty seconds West (N. 28041' 40" W.), for a distance of six hundred thirty-six and thirty-two hundredths feet (636.32') to a railroad nail in stones at lands now or formerly of Shillito Enterprises, Inc.; thence extending along Shillito Enterprises, Inc., North thirty-eight degrees twenty-six minutes forty-five seconds East (N. 380 26' 45" E.), for a distance of three hundred forty-six and fifty-seven hundredths feet (346.57') to stones at other lands now or formerly of Donald R. Obrum, said stones marking the place of beginning. CONTAINING 4.947 acres, in accordance with a Survey prepared for Donald R. Obrum by Rodney Lee Decker, Registered Surveyor and dated December 17, 1981. BEING known and numbered as 1059 York Road, Dillsburg, Pennsylvania. Tax: Parcel #22-12-0350-051 TITLE TO SAID PREMISES IS VESTED IN Scott M. Michaud and Cynthia J. Michaud, his wife by Deed from Carl A. Erikson and Jocilyn A. Erikson, his wife, dated 7/29/1994 and recorded 8/2/1994 in Record Book 109, Page 620. () -.. -, C 0-.; , , ;;;;? '-_ -or: ....- ~ " ~I:: '"r [' .',J ~ ,...j !;2t.: .-or) 22- ( , '; :<';e, r::- .. t--'I :Pc; ,,'" ~ :::> ~ ....1 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 03-2170 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, inleresl and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From CYNTIDA J. MICHAUD AND SCOTT M. MICHAUD (I) You are directed 10 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) nOllevied upon in Ihe possession of GARNISHEE(S) as follows: and 10 notify the garnishee(s) that: (a) an attachmenl has been issued; (b) the garnishee(s) is enjoined from paying any debt 10 or for the account of the defendanl (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) nollevied upon an subject to attachmenl is found in the possession of anyone other than a named garnishee, you are direcled to notify himlher Ihat helshe has been added as a garnishee and is enjoined as above stated. Amount Due $165,765.36 L.L. $.50 Interest FROM 6/24/03 TO 12110103 (PER DIEM - $27.25) - $5,967.75 AND COSTS Ally's Comm % Due Prothy $1.00 Ally Paid $139.80 Other Cosls Plaintiff Paid Date: JUNE 27, 2003 CURTIS R. LONG (Seal) Prothonol~ n~_ ~./)IJ.,.# _r . , '(rl/h'" r- Depuly REQUESTING PARTY: Name FRANK FEDERMAN, 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 ill No. 12248 Mortgage Electronic Registration Systems, Inc. VS Cynthia J. Michaud and Scott M. Michaud In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-2170 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriffs Costs: Docketing Poundage Surcharge Law Library Prothonotary Levy 30.00 1.53 30.00 .50 1.00 15.00 $ 78.03 paid by attorney 8/26/03 Sworn and subscribed to before me r~ ~ This :2~ day of ~ r,-~ ' (J If)" - R. Thomas Kline, Sheriff 2003, A.D. '/f'Y-- - ~,-Jh BY ~d, vP.. .:-1-1, Prothonotary Real ES~ ~~ r>'> ). Ut.. 419D)..- 1f6."../'1/7'p- Mortgage Electronic Registration, Systems, Inc, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO: 03-2170 Civil Term Cynthia J. Michaud Scott M. Michaud, Defendants : Civil Action - Law NOTICE OF STAY NOTICE IS HEREBY GIVEN that Cynthia Michaud, an above-named Defendant, filed a Petition under Chapter 13 ofthe United States Bankruptcy Code to Case No.1 :03-07163 on December 4, 2003 and as a result thereof, the above-captioned action is stayed until further Order of the United States Bankruptcy Court. Respectfully submitted, Date: /~Ifl a~~ Christopher J eller, Esquire Supreme Court ill 86889 Attorney for DebtorlDefendant 10 1 South Market Street Mechanicsburg, PA 17055 (717)790-5451 F UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA The debtor(s) listed below filed a Chapter 13 bankruptcy case on 12/4/03. You may be a creditor of the debtor. This notice lists important deadlines. You may wunt to consult an attorney to protect your rights. All documents filed in the case may be inspected at the bankruptcy clerk's office at the address listed below. NOTE: The staff of the bankru Ie clerk's office cannot ive Ie al advice. See Reverse Side For 1m ortant Ex I nations. Debtor(s) (name(s) used by the debtor(s) in the last 6 years, including married, maiden, trade, and address): Cynthia J Michaud 1059 York Road Oillsbur , PA 17019 Papers must be received by the bankruptcy clerk's office by the following deadlines: Deadline to File a Proof of Claim PROOF OF CLAIM FORM IS INCLUDED. All creditors who file proof of claim MUST serve a true copy of said claim upon the Chapter 13 Trustee whose name and address appear above. For all creditors (except a governmental unit): 5/5/04 For a governmental unit: 180 DAYS FROM ORDER GRANTING RELIEF Deadline to Object to Exemptions: Thirty (30) days after the conclusion of the meeting of creditors, Filing of Proposed Plan, Objections to the Plan: Clerk oflhe Bankruptcy Court: Arlene Byers Date: 1/7/04 FORM B91112/03 Filing of Chapter 13 A hankruptcy case under chapter 13 of the Bankruptcy Code (title II, United Slates Code) has been filed in this Bankruptcy Case court hy the deblor(s) listed on the front side, and an order for relief has heen entered. Chapter 13 allows an individual with regular income and debts below a specified amount to adjust debts pursuant to a plan. A plan is not effective unless confirmed by the bankruptcy court. You may object to confirmation of the plan and appear at the hearing on your objection. The debtor will remain in possession of the debtor's property and may continue to operate the debtor's business, if any. unless the court orders othclWise. Creditors May Not Prohibited col1ection actions against the debtor and certain codebtors arc listed in Bankruptcy Code ~ 362 and fi Take Certain Actions 1301. Common examples of prohibited actions include contacting the debtor by telephone, mail or otherwise to demand repayment; taking actions to collect money or obtain property from the debtor; repossessing the debtor's Dronertv: startine: or continuing lawsuits or foreclosures' and ~arnishina or deductinll- from the debtor-s walles. Meeting of Creditors A meeting of creditors is scheduled for the date, time and location listed on the front side. The debtor (both spouses in n joint cnse) must be present nt the meeting to be questioned under onth by the /rustee. IUId by creditors, Creditors are welcome to attend, but are not required .to do so. The meeting may be continued and concluded ata later date without anv further notice. Claims A Proof of Claim is a signed statement describing a creditor's claim. Ifa Proof of Claim fonn is not included with this notice, you can obtain one at any bankruptcy clerk's office. If you do not file a Proof of Claim by the "Deadline to File a Proof of Claim tI listed on the front side, you might not be fcaid any money on your claim against the debtor in the bankruptcy case. To be paid you must file a Proof of C aim even if your claim is listed in the schedules filed hy the dehtor. Discharge of Debts The debtor is seeking a discharge of most debts, which may include your debt. A discharge means that you may never try to collect the debt from the debtor. Exempt Property The debtor is permitted by law to keel' certain property as exempt. Exempt property will not be sold and distributed to creditors, even if the dehtor's case IS converted to chd;ter 7. The debtor must file a list of all property claimed as exempt. You may inspect that Iisl at the bankruptcy cle 's office. If you believe that an exemption claimed by the debtor is not authorized by law, you may file il~~ objection to that exemption. The bankruptcy clerk's office must receive the obiection hv the "Deadline to Ob ect to Enmntlons" listed on the front side. Bankruptcy Clerk's Any paK: that you file in this bankruptcy case should be filed at the bankruptcy clerk's office at the address listed Office on the nt side. You may inspect all papers filed, including the list of the debtor's property and debts and the list of property claimed as exempt, at the bankruptcy clerk's office. Legal Advice The staff of the bankruptcy clerk's office cannot give legal advice. You may want to consult an attorney to protect your rights. .to ~H , Side for I . nnd . RAPID ~~rA ACCESS: We encourage you to register with our Public Access to Court Electronic Records System "PACER" bv callin~ 1-800-676-6856. IMPORTANT NOTICE: For securilv reasons. oboto identification mav be renuired to attend this meetinl!. COPY REQUESTS: To obtain copies of documents, send a written request to the Clerk's Office as listed on this nolice. EXPLANATIONS fi',li- Mortgage Electronic Registration, Systems, Inc, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 03-2170 Civil Term v. Cynthia J. Michaud Scott M. Michaud, Defendants Civil Action - Law CERTIFICATE OF SERVICE I, Christopher J. Keller, Esquire hereby certify that I have served a copy ofthe foregoing document on the following persons by depositing a true and correct copy ofthe same in the United States Mail, First Class, on January 15, 2004, postage pre-paid, addressed as follows: United States First Class Mail, postage prepaid Frank Federman, Esquire Attorney for Plaintiff Federman and Phelan, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Blvd. Suite 1400 Philadelphia, PA 19103 Date:J anuary 15, 2004 Cbri~ /~ Supreme Court ID# 86889 101 South Market Street Mechanicsburg, PA 17055 Counsel for Defendant Cynthia Michaud (717) 790-5451 CJ c: "" c.;:::) = ...;;- o " .-; ,- i-ll ;I] -rJf"f1 =:} .::;J :.;~(~ --'" (- ~.~ r,) o :;.... ;''''j:::'."! ., r) ': r'n u:, r" (,...n PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. No. 03-2170 C.T. CYNTIDA J. MICHAUD SCOTT M. MICHAUD Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $165,765.36 Interest from 6/28/03- JUNE 9, 2004 (per diem -$27.25) $9,483.00 and Costs TOTAL $175,248.36 J.o;tJ?~_.rLA ~ FRANK FEDERMAN, 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. lt1 lt1 ~ r-- ..., < ~ g p ~ fJ) u .... ~~ ~::= ""u =:;ro.l .:; ~ . ~'": Z \' Pt: ...:S 0 ffi< o~ .... ....l . ... =~ 13 ~> u p u ':ti: t ro.l....l uZ ~~ ~'E' 1:::1 ~~ ........ ~~ '" Z . ~p 'p '" ~~ ofJ) ro.l = ::: .D '" .- g; ~:; O~ ... = '" ~ t)~ 0'" jl ~2 ....u ... ~fJ) g ... .. ~~ =~ o~ '" ro.l>< <l, \:) ....lfJ) ... . ~~ ><~ g. uz ...z .. <~ ...p ~~ Q'I~ P< ~e $'" ~Q'I <U 00 01:: \:) U ~~ ...... ... = c::< ..., ..., ~ tl~ ~8 ro.l6 5~ tl... ~ a '" ufJ) '" .... ~ 0$ u u~ ~ ]~ -- :;~ -0 , ~tS ~ ~ < ...~ ~ Zp ....u J '::.'.",\ J ...{) . ::...)) f~ ~ : - l.... l::- ;I::J ~ ... "1:: ... - \IJ ~ ~.::.; t' ,"'.., -J 14 .. " :::: ~ r:J V1 ~ ~ - ... ~ ( . - ~ ~ <i :::r -) r- I fY) -.." I I r ~ 0 \)- -- rf) () J <) ""l t! 0 ~ ~ () <4 '() () (") &: . d . . Vi ~ N ~ 00-- V, () ~ '(? "'l ....... '1 Jo.; DESCRIPTION ALL THAT CERTAIN tract of land, together with improvements thereon erected, all situate in. the Township of Monroe, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at stones which mark the point of ad joinder of the within described tract with other lands now or formerly of Donald R. Ohrum and other lands now or formerly of Sbillito Enterprises, Inc.; said stone pile marking the Northeasteromost point of the within described parcel; thence extending along other lands now or formerly of Donald R. Ohrum, South thirty-two degrees twenty-two minutes forty-five seconds East (S. 320 22' 45" E.), for a distance of six hundred eighteen and forty-six hundredths feet (618.46') to a steel pin at lands now or formerly of M. N. Mumma's heirs; thence etending along lands now or formerly of Mumma's heirs, South thirty-eight degrees seven minutes twenty-five seconds West (S. 380 07' 25" W.), for a distance of three hundred ninety and sixty-three hundredths feet (390.63') to a steel pin set at lands now or formerly of Homer Gladfelter; thence extending along lands now or formerly of Homer Gladfelter, North twenty-eight degrees forty-one minutes forty seconds West (N. 28041' 40" W.), for a distance of six hundred thirty-six and thirty-two hundredths feet (636.32') to a railroad nail in stones at lands now or formerly of Shillito Enterprises, Inc.; thence extending along Shillito Enterprises, Inc., North thirty-eight degrees twenty-six minutes forty-five seconds East (N. 380 26' 45" E.), for a distance of three hundred forty-six and fifty-seven hundredths feet (346.57') to stones at other lands now or formerly of Donald R. Ohrum, said stones marking the place of beginning. CONTAINING 4.947 acres, in accordance with a Survey prepared for Donald R. Ohrum by Rodney Lee Decker, Registered Surveyor and dated December 17, 1981. BEING known and numbered as 1059 York Road, DilIsburg, Pennsylvania. Tax Parcel #22-12-0350-051 TITLE TO SAID PREMISES IS VESTED IN Scott M. Michaud and Cynthia T. Michaud, his wife by Deed from Carl A. Erikson and Jocilyn A. Erikson, his wife, dated 1/29/1994 and recorded 8/2/1994 in Record Book 109, Page 620. WRIT OF EXECUTION andlor A TT ACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 03-2170 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From CYNTHIA J. MICHAUD AND SCOTT M. MICHAUD (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) Ifproperty 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 helshe has been added as a garnishee and is enjoined as above stated. Amount Due $165,765.36 L.L. Interest FROM 6/28/03 TO 6/9/04 (PER DIEM - $17.25) - $9,483.00 AND COSTS Arty's Comm % Due Prothy $1.00 Atty Paid $230.33 Plaintiff Paid Date: JANUARY 26, 2004 Other Costs (Seal) CURTIS R. LONG Prothonotary n ~ ~~ j- ~'e~v~ Deputy REQUESTING PARTY: Name FRANK FEDERMAN, 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. 12248 .~ ,.. 'U(Offi<w'~ '"x"'" In re: Scott M Michaud 19 Gettysburg Pike No 1 Mechanicsburg, P A 17055 Social Security No.: 041-56-8311 Employer's Tax l.D. No.: United States Bankruptcy Court Middle District of Pennsylvania Case No. 1:03-bk-04116-MDF Chapter 7 /1 I {-l.i,ut~~ 50 ?oi9 ;;;0'15' P-.SrR~I~\ IT IS ORDERED: It appearing that the debtor is entitled to a discharge, DISCHARGE OF DEBTOR The debtor is granted a discharge under section 727 of title II, United States Code, (the Bankruptcy Code). Dated: ]] /6/03 BY THE COURT 7f~iJ/}a~ United States Bankruptcy Judge SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION. "~J (~ ~ "-1 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SillTE 1400 PillLADELPillA,PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION CYNTillA J. MICHAUD SCOTT M. MICHAUD NO. 03-2170 C.T. Defendant(s). CERTIFICATION FRANK FEDERMAN, 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: o 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. J\flfl1! FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff k"_ :-"-') -f.j MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION CYNTIDA J. MICHAUD SCOTT M. MICHAUD NO. 03-2170 C.T. Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, 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 ,1059 YORK ROAD, DlLLSBURG, PA 17019. 1. Name and address of Owner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CYNTHIA J. MICHAUD 1059 YORK ROAD DlLLSBURG, PA 17019 SCOTT M. MICHAUD 19 GETTYSBURG PIKE, APT. 1 MECHANICSBURG, PA 17055 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 rea property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HOUSEHOLD REALTY CORPORATION 25 GATEWAY DRIVE GATEWAY SQUARE, SUITE 107 MECHANICSBURG, PA 17055 HOUSEHOLD REALTY CORPORATION P.O. BOX 8604 ELMHURST, IL 60126 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 1059 YORK ROAD DILLSBURG, PA 17019 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal 'mowledge or information and belief. I understand that false statements herein are made subject to the lenalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. nuary 21, 2004 \TE ~Ji--U~l~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ---- f'."' ;' ;,~ --- MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 03-2170 C.T. v. CYNTIDA J. MICHAUD SCOTT M. MICHAUD Defendant{s). January 21, 2004 TO: CYNTHIA J. MICHAUD 1059 YORK ROAD DILLSBURG, PA 17019 SCOTT M. MICHAUD 19 GETTYSBURG PIKE, APT. 1 MECHANICSBURG, PA 17055 ""THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."" Your house (real estate) at. 1059 YORK ROAD. DILLSBURG. PA 17019. is scheduled to be sold at the Sheriff's Sale on JUNE 9.2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of$165.765.36 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. 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 MAYBE 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 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. DESCRIPTION ALL THAT CERTAIN tract of land, together with improvements thereon erected, all situate in. the Township of Monroe, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at stones which mark the point of adjoinder of the within described tract with other lands now or formerly of Donald R. Ohrum and other lands now or formerly of Shillito Enterprises, Inc.; said stone pile marking the. Northeasternmost point of the within described parcel; thence extending along other lands now or formerly of Donald R. Ohrum, South thirty-two degrees twenty-two minutes forty-five seconds East (S. 320 22' 45" E.), for a distance of six hundred eighteen and forty-six hundredths feet (618.46') to a steel pin at lands now or formerly of M. N. Mumma's heirs; thence etending along lands now or formerly of Mumma's heirs, South thirty-eight degrees seven minutes twenty-five seconds West (S. 38007' 25" W.), for a distance of three hundred ninety and.sixty-three hundredths feet (390.63') to a steel pin set at lands now or formerly of Homer Gladfelter; thence extending along lands now or formerly of Homer Gladfelter, North twenty-eight degrees forty-one minutes forty seconds West (N. 28041' 40" W.), for a distance of six hundred thirty-six and thirty-two hundredths feet (636.32') to a railroad nail in stones at lands now or formerly of Shillito Enterprises, Inc.; thence extending along Shillito Enterprises, Inc., North thirty-eight degrees twenty-six minutes forty-five seconds East (N. 380 26' 45" E.), for a distance of three hundred forty-six and fifty-seven hundredths feet (346.57') to stones at other lands now or formerly of Donald R. Ohrum, said stones marking the place of beginning. CONTAINING 4.947 acres, in accordance with a Survey prepared for Donald R. Ohrum by Rodney Lee Decker, Registered Surveyor and dated December 17, 1981. BEING known and numbered as 1059 York Road, DiIlsburg, Pennsylvania. Tax Parcel #22-12-0350-051 TITLE TO SAID PREMISES IS VESTED IN Scott M. Michaud and Cynthia I. Michaud, his wife by Deed from Carl A. Erikson and Iocilyn A. Erikson, his wife, dated 7/29/1994 and recorded 8/211994 in Record Book 109, Page 620. 02/05/04 THU 21:52 FAX 2154050180 FEDERIlAN&PHELAN ~001 FEDERMAN AND PHELAN, L.L.P. One Peoo Center at Suburban Station 1617 John F. Kennedy Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Main Fax 215-563-5534 J Rachel L. Allmond Legal Assistant, Ex!. 1562 Repn; : ding Lenders in Penn! ~ "ania and New Jersey February 6, 2004 Office of the Sheriff Cumberland County Courthouse I Courthouse Square Carlisle,PA 17013 ATTENTION: JODY (717-240-6397) Re: MORTGAGE ELECTRONIC REGISTRATION SYSTEJ: :, INC. v. CYNTHIA J. MICHAUD and SCOTT M. MICHAUD No. 03-2170 Premises: 1059 YORK ROAD, DILLSBURG, P A 17019 Dear Jody: Please STAY the Sheriff's Sale of the above referenced pro] .;Y, which is scheduled for JUNE 9. 2004. The Defendant(s) filed a Chapter 13 Bankruptcy on 12/4/03 i 33-07163. Please return the original writ of execution to the Prothonotll as soon as possible. Very truly yours, Rachel L. Allmond cc: CYNTHIA J. MICHAUD SCOIT M. MICHAUD 1059 YORK ROAD DILLSBURG, PA 17019 RETURNED ORIGINAL WRIT TO THE PROTHONOTARY ON FEBRUARY 6, 2004 AND THE ORIGINAL $1,500.00 ~K T. 0 ATTORNEC~ FEDERMAN ON THE SAME DATE. ~ J6~~ .~8tok.~0~ AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. SPL No. 03-2170 DEFENDANT(S) CYNTIDA J. MICHAUD SCOTT M. MICHAUD ACCT. #505292095 SERVE SCOTT M. MICHAUD AT 19 GETTYSBURG PIKE, APT. 1 MECHANICSBURG, P A 17055 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 2, 2005 Served and made known to '3 c." * M, LL 1- : ;'A, ,p I q , 200..::r; at ,0 clock ,.m., at SERVED 'M iC"'-~\J l , Defen~t~ on the G~~ bv~~ t'i~~_ Jt.. } ~ day of h\Js.~ -4: 1- I OQ~. , 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 ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant( s)' s company. O~: \ & , I. No CO prSpA!- ~ Description: Age L(-6 Height biD Weight ITr Race W ~ Sex }It Other ~lCJ't(..~ Joe~ I, C~e'f-,X;..{. L... ~~ ~ompetent 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. NOTARIAL SEAL LUCILLE H. CARTY, NotIIy PubIlc Lett8irkenny To~rankfjn County My C .. . Nov. 10,2007 Sworn to and subscrib~ befqrA me this ~ ~ of YJ 4!..~ . 200 ~ //(J/; J Nota~-~ BY:~ PLEASE ATTEMPT S ICE AT LEAST 3 TIMES. INDICATE DAT ATTEMPTED. NOT SERVED On the day of ,200_, at o'clock_.m., De1imdant NOT FOUND because: Moved Unknown No Answer Vacant 2nd Attempt: / / Time: 1 st Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 :~.': r , ~.~'_; .~-r " .;i; ~~~ o G; -~...., .. ....., ..t,- .... i"....) = = CJ"1 <....... ;.p... ~.- -- o -n --I =1: -il n1r= -om ~:J C;"J C"'~{l) __U. ;'+;. ,- '1 '-:..:;~.~ ~~, ~,.,~ 1..,.. ';!"r- ....J -< o ~ _,'-.c.. l.:'? C) AFFIDAVIT OF SERVICE PLAIN11fi F MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. CUMBERLAND COUNTY SPL No. 03-2170 DEFENDANT(S) CYNTIDA J. MICHAUD SCOTT M. MICHAUD ACCT. #505292095 SERVE CYNTIDA J. MICHAUD AT 1059 YORK ROAD DILLSBURG, P A 17019 Type of Action .. Notice of Sheriff's Sale Sale Date: MARCH 2, 2005 SERVED Served and made known to Cf I\J"TH lA- ~ fV\ lG+1 ~~ Defendant, on tbe ~ day of J:y;-UJ~OOj, at gf?4 , o'clock Pm., at ,oGOl yo~ -R D, b\LL..SBu.~ p,t.. \ f 019 , Commonwealth of Pennsylvania, in the manner described below: ~fendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: ~P1 ..-, a. il ;t'/fA... c' Description: Age ...:L.tL Height ~ Weight .l.2.!!.. Race ~ Sex L- Other I, ~/l\/C A ;:e/-rt.z,/L , a competent adult, being duly sworn according Ito 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 subscribed before e this ~ of ,. Notary. PLEASE A TTE T ERVICE AT By: IMES. INDICATE DATES &. TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: / / Time: 2nd Attempt: / / 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 o C ........ = c:;.> c.Jl C- ~.- -'," - ;:...., (, I s-:-_-:,. ~ .... ... ~"-'- ...", CJ o -0 .-1 It'1 rt1r":: -np:1 ~.:.j .....\.... ;~1t~: ~::-~; -i. j ::~:1 -::J ~~ '-:? GO ~-=...,. ~< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ) CIVIL ACTION ) vs. CYNTHIA J. MICHAUD SCOTT M. MICHAUD ) CIVIL DIVISION ) NO. 03-2170 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS, INC. hereby verify that on 12/3/04 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: Januarv 21. 2005 ~-' ~~ ""2. 'C.~ H ,~~ '{; ~ .... '" .... J> "'-' n~ ~g. ~ '1, ~\ -a ~'; ~ 0;. ~~ " " o v. ~ .... ~ @ is 6;' .< " os "-" ~ . "l % o ~ %, ;;%" .... ,-" .... '" .... .... .... o ~'C~~~ ~ ;1. % t ~(>sal#;' ';:~ ~.~ ~ @.,~.a.g.~ tB. V)~ "":l o' ~ ~~s.$.,:; r ..-'....'C,::>...., gllj5~~ It%~ ~. G'" -d ~...... cr.oQ ~ c-1l ~~~~~.. a,~s. '?', 2.- '"' _. l'l> a ~ o '" :;l, R ... :i't1~::I~ g '!' '...-1 Ii\" p.. ~ %.t~ S'~ ~~. it ~.~ '"' ~.%?, a ~::1 ,~ !:l' ~~'i~ h~\ ?agg %1.-c:l~~ ::II>' l'i''<t ~~~~. ?j5'~% ,ggSy,. ~.~~ ~ ~"'% t:"l.;::': % ~ g"-;: ~ ~-" 3~%.~ o ~ " - ~,?, i ~ '(& :J' ....8 oa~'S' ~~?~ llSS% ~\s':, ~ii"&~ ~lj,'~.~ ~ ~g: ..0 if' -' '" .\> v' '" .... r %' o 'p~' _Po'S r.f>.e:~ ~ " Qoo~~ " " ... Po u' ~ ~ .. z c: 3 (1 '" ~ "".-'0'" ?:. ~ ~ B ~--.J en Q- ~"" 'f:l. .%-~~ ~ ~.",n?:; _~ . ~ LA ",,'0";~ ,,~~ ...... 9 ~ -.0(1;1 CfJ- 'Qa- c '", 'f'0l~~ ~~d"~ ';.'0~~ >'d ~ Vi"r " 0- '" .-' ';" ~< ~ ~ g ",if' .~ S. ~ " " .-' ~~ ~ 0 ~~ ~ ~ ~ l ~~ ~ ~ ~ \ ~5 ~ ~ '0 % . \he \) tr\ 'JO 'fl ""~ n " P · ~~ ':iJ r ~ ~ p~ ~ ~ 9 ~ ~..< ;-; ~ L-> ~ )>-... ....... >-d r.j) Q _00..........0-. -1.0 ~ '>-t. >'11 ~ ~~ ~ z <2 ~ tJ1 0 0 r:; ~ ~ ~~~Ol; o~~? 'j ~ ? ~ ti, d d 0 C\ r- ~ () ~ r " r; <;\ ~ ~ ~ ;;~~.< 6 ~ ~ ~ ~ )> S?, z ~.... 9- p1~~~ C\ ;0 't\ ';C ~ '" t:: ~ ~ % ~ "~~ if' Ol'" !2. 0 'f3, '- ~ 'JO ~ ,~tr\ ~ ~ ~ '" % l\ ~\ \ ~ '6 c rA ';C o d ~ " r, -< % ~ .-\ o "j. '" '9 to $. if' '" o !> 't\ % ?" F< f ,,". o - <-" "", ",,,'0 POSt-'l~ t;'?- ~~ 8 ,,-~ ~~j~ f'ltw.i\l.(l.,r,lf'f. ~ W' $ 0'\.5011 02 ~;:.. _ ~c o~ '2.00 DOOA~\)O?J 11 ~'i$I)l)E;...\ s'\; ","'L€.OPR9i" -T.'.... // ..-...!;:.;~ . "] t "J>/~:~~ '2~; C..,) ~ -n <--- ::r:<," :z: I'> .V -0 ::J" c,,) ~'" (."'() -------- STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 Kerns, Pearlstine, Onorato & Fath, LLP 425 W. Main Street P.O. Box 0029 Lansdale, PA 19446-0029 215-855-4165 Attorney for Central Penn Property Services, Inc. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. COUHT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, v. No. 03-2170 CYNTHIA J. MICHAUD and SCOTT M. fl4ICHAUD Defendants. EXCEPTIONS OF THIRD PARTY PURCHASER. CENTRAL PENN PROPERTY SERVICES. INC.. TO PROPOSED SCHEDULE OF DISTRIBUTION Central Penn Property Services, Inc. ("Central Penn"), by and through its undersigned counsel, Stephen M. Hladik, Esquire, pursuant to Pa. R.C.P. No. 3136(d), respectfully requests that the Sheriff of Curnberland County amend the Proposed Schedule of Distribution and, in support thoreof, sets forth the following I, written exceptions: 1. At the March 2, 2005 Cumberland County Sheriff's Sale, Central Penn purchased the real property located at 1059 York Road, Dillsburg, County of Cumberland, Pennsylvania (the "Property") for a successful bid of $202,000. The Property was subject to the foreclosure judgment entered in the above- captioned action. 2. On March 2, 2005, the Cumberland County Sheriff's Office posted a Proposed Schedule of Distribution of funds (the "Schedule"). A true and correct copy of the Schedule is attached hereto and marked as Exhibit "A." 3. The Schedule proposes disbursements in the total amount of $211,152.60, as set forth in Exhibit "A." Despite bidding $202,000.00, the Sheriff has required Central Penn to place on account with the Sheriff the total sum of $211,152.60. 4. In the Schedule, an amount of $9,352.60 is listed as Sheriff's Costs. A portion of that amount ($4,040.00) is Sheriff's Poundage, or a 2% commission on the successful bid price. See 42 P.S. S21104{b). Rather than take this charge out of the amount of the successful bid ($202,000.00) the Sheriff has added that cost on (over and above) the $202,000.00, and, in effect, is charging Ce/'ltral Penn the additional $4,040.00. 5. An amount of $5,112.60 is listed as a cost to be disbursed for State and Local Transfer Tax. As was done with Sheriff's poundage, the Sheriff has added this amount onto the purchase price, rather than take it out of the amount tendered (as' is normally done in real estate transactions). 6. The net effect of the proposed Schedule is that Central Penn is being charged $9,152.60 more than it bid. Central Penn requests that the Schedule be amended to reflect these sums being paid out of the $202,000 bid r' price and not on top of the purchase price. Central Penn will be greatly prejudiced if they are not in that Central Penn would then have to pay these sums out of Its own pocket in addition to the bid priGe. 7. Prior to sale, the Sheriff of Cumberland County posted Terms and Conditions of the sale (the "Conditions"), and requin3d each person intending to bid to sign the conditions and to register. A true and correct copy of the Conditions are attached hereto and marked as Exhibiit "B." 8. Central Penn protested the Conditions, specifically the portion relating to taxing the poundage and transfer taxes on top of the purchase price. Central Penn presented the exceptions to the Conditions in writing to the Sheriff. A true and correct copy of which is attached hereto and marked as Exhibit "C." The Sheriff publicly announced that the Conditions Wl3re being challenged. 9. Despite protesting to the Sheriff, thEl Sheriff has set forth the Distribution still requiring Central Penn to pay the sums over and above the bid price. There is no harm to the sheriff or state by taking the sum out of the bid price, as the net result paid to them is the same. 10. Imposition of these items on top of the: bid price is contrary to the Real Estate Transfer Tax Law and the Statute on Poundage. Accordingly, the distribution should be revised. ., WHEREFORE, Central Penn Property Services, Inc. respectfully requests that the Proposed Schedule of Distribution be amended in accordance with these exceptions to reflect that the Sheriff's Poundage, State and Local Transfer taxes be taken out of the $202,000.00 successful bid price, rather than on top of it. A proposed order to such effect is submitted herewith. Respectfully submitted, By: Stephe M. I dik, Esquire Attornl~ C ntral Penn Property Services, Inc. STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 Kerns, Pearlstine, Onorato & Fath, LLP 425 W. Main Street P.O. Box 0029 Lansdale, PA 19446-0029 215-855-4165 Attorney for Central Penn Property Services, Inc. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, v. No. 03-2170 CYNTHIA J. MICHAUD and SCOTT M. MICHAUD Defendants. CERTIFICATE OF SERVICI;. I, Stephen M. Hladik, Esquire, hereby certify that I served a true and correct copy of Central Penn Property Services, Inc.'s Exceptions to Proposed Schedule of Distribution in support thereof on the following by United States First Jill /O-S Class mail, postage pre-paid on ,2005: Cynthia J. Michaud Scott M. Michaud 1059 York Road Dillsburg, PA 17019 R. Thomas Kline, Sheriff One Courthouse Square Carlisle, PA 17013-3387 (and by telecopy) AND Dated: G)i1!O{ I Edward L. Schorpp, Esquire Martson, Deardoff, Williams & Otto Solicitor for Cumberland County Sheriff Ten East High Street Carlisle, PA 17013 (and by telecopy) I Stephen M/~ v Mar. 2. 2005 346PM C umb e r I and Co. Sh e r iff No. 0540 P. 10/11 REAL ESTATE SALE #35 ATTORNEY Daniel Schmieg Advance Cosls: $1,500.00 Assessed ValWllion: 255,630.00 Wril No. 2003-2170 Civil Term Mortgage Electronic Registration Systcms, Inc. VS Cynthia 1. Michaud and Scott M. Michaud 1059 York Road Dillsburg, PA 17019 Real Dcbt: IntereM from Attorney writ costs $165,765.36 ] 6,785.75 245.33 Sherif!" s Costs: Docketing poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Parriot News Share of bills Distribution of proceeds Sheriff's deed 30.00 15.00 15.00 30.00 10.00 1.00 21.46 8.84 15.00 30.00 386.30 366.40 30.7} 25.00 39.50 2005 Taxes 597.75 Pound.ge Lien Searcb Realty Transfer Tax Realty Transfer Tax $4,040.00 200.00 2,556.30 2.556.30 $9,352.60 Bid COS{S Less 10% $202,000.00 9352.60 20200.00 $\91,152.60 Due by 12:00 pm Dn 3118105 I-A- Mar. 2, 2005 3:46PM CurrceriocD Co. S~eriff No. 0540 P. 11/11 RECEI PT FOR PAYMENT ~==~=~==~==~===;=~= ~ Cumberland County Pennsylvania Hanover and High Street r.a;clisle, P,.~ 17013 Receipt Date 03/02/200~ Receipt Time 15:30:32 Receipt No. 304597 MORTGAGE ELECTRONIC (VS) MICHAUD CYN':HIA J ET AL Case Number 2003-02170 R Service Info Remarks PArD BY NOBLE REAL ESTATE Total Check... + Total Cash.... + Cash Out...... - Receipt total. ~ 20,200.00 .00 .00 20,200.00 Number .. 10093 --------. .----.--------- Distribution Of Payment ---------.----------------- Transaction Description ADVANCE PAYMENT Payment Amount 20,200.00 PHELAN lL%LINAN & SCHMIEG, 20,200.00 - - Bidder # OFFICE OF THE SHEIUFF CUMBERLAND COUNTY, PENNSYLVANIA TERMS AND CONDITIONS FOR TIlE SALE OF REAL ESTATE ON March 2, 2005 1. No person shall bid on a property unless first having registered with the Real Estate Deputy and signed a copy of these terms and conditiom: of sale. 2. The Sheriff will not read the entire legal description of each tract offered for sale, but will announce the sale date, sale number, names of the parties to the action, writ number, creditor's attorney, municipality, street address, if any, and tax parcel number. 3. All properties are offered for sale on a reserve basis. The attorney for the execution creditor may withdraw the property from sale at any time up until the auctioneer knocks down Ihe property to the successful bidder. 4. Prior to offering each tract for sale, the Sheriff will provide the attorney for the execution creditor the opportunity to make any announcements. 5. A one dollar bid shall mean that the bid is for the total amount of costs chargeable to the sale of the property. No subsequent bid shall be offered which is less than the amount of costs. Upon request, the dollar amount of the sale costs will be announced. 6. When a sale involves more than one tract, and in the absence of instructions from the creditor's attomey to Ihe contrary, each tract will be offered separately and the bids held. Then, all tracts will be offered together. The properties will be knocked down in the manner resulting in the highest sale proceeds. 7, The following items ARE NOT INCLUDED in any bid and must be paid in addition to the amount of the successful bid: A. Realty transfer laxes. The successful bidder authorizes the Sberiffto add all realty transfer taxes to the bid amount for disbursement at the time the deed is recorded. B. Poundage. For each sale upon which money is made in excess of costs, the successful bidder shall pay poundage at the rate of 2% of the bid amount up 10 $250,000.00 and 0.5% of any remaining bid amonnt. C. Certificd lien search, For each sale upon which money is made in excess of costs, Ihe purchaser will be required to pay an additional amount of $200.00 per tract for a certified lien search, which will be per[.)[med on behalf of the Sheriff prior to distribution of sale proceeds. 8, A Schedule of Distribution will be filed on April 01, 2005 and distrihution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. II 9. As soon as the auctioneer knocks dowo a property to a successful bidder, ten (10%) per cent of the purchase price or aU costs, whichever is higher, shaU be delivered to the Sheriff and, upon default of such payment, the Sheriff shaU direct the auctioneer to reseU the property. In aU cases, the balance of the successful bid shall be paid to the Sheriffnot later than March 18,2005 at 12:00 P.M., prevailing lime. Otherwise, all monies paid will be forfeited and the property wiH be re-sold on March 23, 2U05, at 10:00 A.M., prevailing time, in the Office of the Sheriff. 10. The Sheriff wiU not act as agent for any party or bidder, and all properties will be exposed for sale absent prior instructions from Ihe attorney for the execution creditor. I]. All properties are exposed for sale without any representation by the Sheriff as to the quality oftilled offered. Bidders are cautioned to be familiar with the state of the title prior 10 making a bid. I HA VB READ THE ABOVE TERMS AND CONDITIONS OF SALE ~'JD INTEND TO BE LEGALLY BOUND HEREBY: Date: Signature ofBidder!Artorney Printed Named Fonn ofIdentification Social Security Number! Attorney ill Number Address Telephone number Central Penn Property Services, Inc. 100 S. 1h Street Akron PA 17501 717.859.6300 Wednesday, March 2, 2005 Sheriff of Cumberland County Hanover & High Streets 1 Courthouse Square Carlisle, P A 17013 Dear Sir: On behalf of Central Penn Property Services, 1nc. we hereby object and except to Terms and Conditions for the Sale of Real Estate items #7 A, 7B and 7C. We reserve all rights to bid on properties offered at the sale, we further reserve all rights to file formal exceptions to the proposed Terms and Conditions with the Court of Common Pleas. Sincerely, Gregory K. Millen President EXH8if (!, ,... .-' t~' ~ \\,,\ -"'! .) ,-.~) ~ \ '\. , ,~.~,,\',-1 \<,\\,\:io':'))'" ',w' ~\o , ~j..- ..- ...----- ~ STEPHEN M. HLADIK, ESQUIRE ATTORNEY 1.0. NO. 66287 cbuJl Kerns, Pearlstine, Onorato & Fath . j 425 W. Main Street . / ~ P.O. Box 0029 Lansdale, PA 19446-0029 to..'J11 n +1' 215-855-4165 '. 4 "' MORTGAGE ELECTRONIC EAS REGISTRATION SY:I::~:' IN( A~l U. v. CYNTHIA J. MICHAUD and SCOTT M. MICHAUD . JJ) Defendants. ORDER AND NOW, this day , 2005, upon due consideration of the Exceptions of Third Party Purchaser, Central PEinn Property Services, Inc. ("Central Penn"), to Proposed Schedule of Distribution and any response thereto, it is hereby ORDERED THAT Central Penn's Exceptions to Proposed Schedule of Distribution are SUSTAINED, and it is FURTHER ORDERED that the Sheriff shall prepare an Amended Schedule of Distribution wherein the Sheriff's Poundage and Realty Transfer Taxes, paid under protest, shall be taken out of the successful bid price, and it is FURTHER ORDERED that the above-noted fees already paid will be refunded immediately to Central Penn. BY THE COURT: J. STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 Kerns, Pearlstine, Onorato & Fath, LLP 425 W. Main Street P.O. Box 0029 Lansdale. PA 19446-0029 215-855-4165 Attorney -For Central Penn Property Services, Inc. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. COURT OF COMMON PLEAS CUMElERLAND COUNTY Plaintiff, v. No. 0:3-2170 CYNTHIA J. MICHAUD and SCOTT M. MICHAUD I' Defendants. EXCEPTIONS OF THIRD PARTY PURCHASER. CENTRAL PENN PROPERTY SERVICES, INC., TO PROPOSED SCHEDULE OF DISTRIBUTION Central Penn Property Services, Inc. ("Central Penn"), by and through its undersigned counsel, Stephen M. Hladik, Esquire, plJrSuant to Pa. R.C.P. No. 3136(d), respectfully requests that the Sheriff of Cumberland County amend the Froposed Schedule of Distribution and, in support thereof, sets forth the following ;1 written exceptions: 1. At the March 2, 2005 Cumberland County Sheriff's Sale, Central Penn purchased the real property located at 1059 York Road, Dillsburg, County of Cumberland, Pennsylvania (the "Property") for a sUGcessful bid of $202,000. The Property was subject to the foreclosure judgment entered in the above- captioned action. 2. On March 2, 2005, the Cumberland CDunty Sheriff's Office posted a PropDsed Schedule of Distribution of funds (the "Schedule"). A true and correct copy of the Schedule is attached hereto and marked as Exhibit "A." 3. The Schedule proposes disbursements in the total amount of - $211,152.60, as set forth in Exhibit "A.n Despite bidding $202,000.00, the Sheriff has required Central Penn to place on account with the Sheriff the total sum of $211,152.60. 4. In the Schedule, an amount of $9,3ei2.60 is listed as Sheriff's Costs. A portion of that amount ($4,040.00) is Sheriff's Poundage, or a 2% commission on the successful bid price. See 42 P.S. 9211 04(b). Rather than take this charge out of the amount of the successful bid ($202,000.00) the Sheriff has added that cost on (over and above) the $202,000.00, and, in effect, is charging Ce~tral Penn the additional $4,040.00. 5. An amount of $5,112.60 is listed as a cost to be disbursed for State and Local Transfer Tax. As was done with Sheriff's poundage, the Sheriff has added this amount onto the purchase price, rather than take it out of the amount tendered (as is normally done in real estate transactions). 6. The net effect of the proposed Schedule is that Central Penn is being charged $9,152.60 more than it bid. Central Penn requests that the Schedule be amended to reflect these sums being paid out of the $202,000 bid ( price and not on top of the purchase price. Central Penn will be greatly prejudiced if they are not in that Central Penn would then have to pay these sums out of its own pocket in addition to the bid price. 7. Prior to sale, the Sheriff of Cumberland County posted Terms and Conditions of the sale (the "Conditions"), and required each person intending to bid to sign the conditions and to register. A trul9 and correct copy of the Conditions are attached hereto and marked as Exhibit "B." 8. Central Penn protested the Conditions, specifically the portion relating to taxing the poundage and transfer taxes on top of the purchase price. Central Penn presented the exceptions to the Conditions in writing to the Sheriff. A true and correct copy of which is attached hereto and marked as Exhibit "C." The Sheriff publicly announced that the Conditions wel"e being challenged. 9. Despite protesting to the Sheriff, the Sheriff has set forth the Distribution still requiring Central Penn to pay the sums over and above the bid price. There is no harm to the sheriff or state by taking the sum out of the bid price, as the net result paid to them is the same. 10. Imposition of these items on top of the bid price is contrary to the Real Estate Transfer Tax Law and the Statute on Poundage. Accordingly, the distribution should be revised. -I WHEREFORE, Central Penn Property Services, Inc. respectfully requests that the Proposed Schedule of Distribution be amended in accordance with these exceptions to reflect that the Sheriff's Poundage, State and Local Transfer taxes be taken out of the $202,000.00 successful bid price rather than on top of it. A proposed order to such effect is submitted herewith. RespElctfully submitted, By: Steph(~ M. I dik, Esquire Attorney C~ntral Penn Property Services, Inc. STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 Kerns, Pearlstine, Onorato & Fath, LLP 425 W. Main Street P.O. Box 0029 Lansdale, PA 19446-0029 215-855-4165 Attorney for Central Penn Property Services, Inc. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, v. No. 0~1-2170 CYNTHIA J. MICHAUD and SCOTT M. MICHAUD Defendants. CERTIFICATE OF SERVICE; I, Stephen M. Hladik, Esquire, hereby certify that I served a true and correct copy of Central Penn Property Services, Inc.'s Exceptions to Proposed Schedule of Distribution in support thereof on the following by United States First Jill jo~ Class mail, postage pre-paid on ,2005: Cynthia J. Michaud Scott M. Michaud 1059 York Road Dillsburg, PA 17019 R. Thomas Kline, Sheriff One Courthouse Square Carlisle, PA 17013-3387 (and by telecopy) AND Dated: Edward L. Schorpp, Esquire Martson, Deardoff, Williams & Otto Solicitor for Cumberland County Sheriff Ten East High Street Carlisle, PA 17013 (and by telecopy) 13)II)O{ i Mar. 2, 2005 3:46PM Cumberland Co, Sberiff RRA.L ESTATE SALE #35 ATTORNEY Daniel Schmieg Advance Cosls: $1,500,00 Assessed Valuation: 255,630.00 Writ No, 2003-2170 Civil Term Mortgage Electronic Registration Systems, 1ne. VS Cynthia 1. Michaud and Scott M Michaud 1059 York Road Dillsburg, PA 170] 9 Rea! Debt: Interest from Attorney writ costs $165,765.36 16,785,75 245.33 Sheriff s Costs: Docketing P olUldage Posting Bills Advertising AckJIowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Parriot News Share of bills ~istribution of proceeds Sheriff's deed 30.00 15.00 15.00 30.00 10.00 1.00 21.46 8.84 15.00 30.00 386.30 366.40 30.73 25.00 39.50 2005 Taxes 597.75 Poundage Lien Search Realty Transfer Tax Realty Transfer Tax Bid CostS Less JO% $202,000.00 9,352.60 20200.QQ $191,151.60 Due by 12;00 pm on 3/1 X/05 $4,040.00 200.00 2,556.30 2 556. ~O $9,352.60 No,0540 P. 10/11 EXHIBIT I-L Mar. 2. 2005 3:46PM Cumberland Co. Snerifi No. 0540 P. 11/11 RECEIPT FOR PAYMENT :~==~=~=~=====~;;== ~ Cumbe~'land Coun.ty Pennsy2vania Hanove!:" and Eioh Street ['a;c~lisleJ PA --:;'7013 Rece~pt Recelpt Receipt Date 03/02/2005 Time 15:30:32 No. 304597 MORTGAGE ELECTRONIC (VS) MICRl\.UD CYNTHIA J ET AL Case Number 2003-02110 R Service Info Remarks PAID BY NOBLE P2AL ESTATE Total Check... + Total Cash.... + Cash Out...... - 20,200.00 .00 .00 20,200.00 Number.. 10093 Receipt total. ~ --------- ".------------- Distribution Of Payment --------------------------- Transaction Description Payment Amount ADVANCE PAYM~~ 20,200.00 PHE~N H.;LLINAN & SCHMIEG, 20,200.00 - - Bidder # OFFICE OF THE SHERIFF CUMBERLAND COlJNTY. PENNSYL V Ar-ilA TERMS AND CONDITIONS FOR THE SALE OF REAL ESTATE ON March 2. 2005 1. No person shall bid on a property unless fIrst having registered with the Real Estate Deputy and signed a copy of these terms and conditions of sale. 2. The Sheriff will not read the entire legal description of each tract offered for sale, but will announce the sale date, sale number, names of the parties to the action, writ number, creditor's attorney, municipality, street address, if any, ,md tax parcel number. 3. All properties are offered for sale on a reserve basis. The attorney for the execution creditor may withdraw the property from sale at any time up until the auctioneer knocks down the property to the successful bidder. 4. Prior to offering each tract for sale, the Sheriff will provide the attorney for the execution creditor the opportunity to make any announcements. 5. A one dollar bid shall mean that the bid is for the total amount of costs chargeable to the sale of the property. No subsequent bid shall be offered which is less than the amount of costs. Upon request, the dollar amount of the sale costs will be announced. 6. When a sale involves more than one tract, and in the abs'~nce of instructions from the creditor's attorney to the contrary, each tract will be offered separately and the bids held. Then, all tracts will be offered together. The properties will be knocked down in the manner resulting in the highest sale proceeds. 7. The following items ARE NOT INCLUDED in any bid and must be paid in addition to the amount of the successful bid: A. Realty transfer taxes. The successful bidder authorizes the Sheriff to add all realty transfer taxes to the bid amount for disbursement at the time the deed is recorded. B. Poundage. For each sale upon which money is made in excess of costs, the successful bidder shall pay poundage at the rate of2% of the bid amount up to $250,000.00 and 0.5% of any remaining bid amount. C. Certified lien search. For each sale upon which money is made in excess of costs, the purchaser will be required to pay an additional amount of $200.00 per tract for a certifiedJien search, which will he performed on behalf of the Sheriff prior to distribution of sale proceeds. 8. A Schedule of Distribution will be med on April 01, 2005 and distribution wi!! be made in accordance with the schedule unless exceptions are med thereto within ten (10) days thereafter. EXHIBIT '-B- 9. As soon as the auctioneer knocks down a property to a successful bidder, ten (10%) per cent of the purchase price or all costs, whichever is higher, :;hall be delivered to the Sheriff and, upon default of such payment, the Sheriff shall direct the auctioneer to resell the property. In all cases, the balance of the successful bid shall be paid to the Sheriff not later than March 18,2005 at 12:00 P.M., prevailing time. Otherwise, all monies paid will be forfeited and the property will be re-sold on March 23,2005, at 10:00 A.M., prevailing time, in the Office ofthe Sheriff. 10. The Sheriff will not act as agent for any party or bidder, and all properties will be exposed for sale absent prior instrllctiollS from the attorney for the execution creditor. 11. All properties are exposed for sale without any representation by the Sheriff as to the quality oftitled offered. Bidders are cautioned to be familiar with the state ofthe title prior to making a bid. I HAVE READ THE ABOVE TERMS AND CONDITIONS OF SALE AND INTEND TO BE LEGALLY BOUND HEREBY: Date: Signature ofBidder/Attorney Printed Named Form ofIdentification Social Security Number! Attorney ID Number Address Telephone number Central Penn Property Services, Inc. 100 S. 1h Street Akron PA 17501 717.859.6300 Wednesday, March 2,2005 Sheriff of CIDllberland County Hanover & High Streets I Courthouse Square Carlisle, P A 17013 Dear Sir: On behalf of Central Penn Property Services, Inc. we hereby 0 bj ect and except to T enns and Conditions for the Sale of Real Estate items #7 A, 7B imd 7C. We reserve all lights to bid on properties offered at the sale, we further reserve all lights to file fonnal exceptions to the proposed Tenns and Conditions with the Court of Common Pleas. Sincerely, Gregory K. Millen President EXHIBIT j (!, KERNS, PEARLSTINE, ONORATO {dFATH, LLP Robert J. Kerns Neal R Pearlstine *. David C. Onorato ** Kristen Zollers Fath .. Stephen M. Hladik. Richard S. Watt Carol A. Sweeney. ATTORNEYS AT LAW * Also Admitted to FL Bar ** Also Admitted to CA Bar . Also Admitted to NJ Bar . LL.M. in Taxation John C. Rafferty, Jr. Of Counsel Kevin Conrad Of Counsel Dana J. Rhode Gregory W. Fox Legal Assistants March 11,2005 PLEASE REPLY TO, PO. Box 29 Lansdale. PA 19446-0029 VIA FEDERAL EXPRESS AND TELECOPY Cumberland County Sheriff One Courthouse Square Carlisle, P A 17013 Re: Mortgage Electronic Registration Systems, Inc. v. Michaud Docket No.: 03-2170 Dear Sir/Madam: Enclosed please find an original and two copies Excllptions to the Sheriff's Sale in the above-referenced matter. Kindly file the original of record with the Prothonotary and return one copy time-stamped to our office in the self-addressed stamped envelope provided. Thank you for your attention to the above. If there are any questions, please do not hesitate to contact our office. Very truly yours, SMH/sam Enclosures cc: 425 WEST MAIN STREET. LANSDALE. PENNSYLVANIA 19446-0029 . 215-855-9521 . FAX, 215-855-9121 728 WEST AVENUE. SUITE S201 . OCEAN CITY, NEW JERSEY 08226 . 609-814-0100 e~mail: attorneys@kernslaw.com STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 Kerns, Pearlstine, Onorato & Fath, LLP 425 W. Main Street P.O. Box 0029 Lansdale, PA 19446-0029 215-855-4165 Attorney for Central Penn Property Services, Inc. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, v. No. 03-2170 CYNTHIA J. MICHAUD and SCOTT M. MICHAUD Defendants. PRAECIPE TO WITHDRAW EXCEPTIONS OF THIRD PARTY PURCHASER, CENTRAL PENN PROPERTY SERVICES. INC.. TO PROPOSED SCHEDULE OF DISTRIBUTION TO THE PROTHONOTARY: Kindly withdraw the exceptions filed by Central Penn Property Services in the above-referenced matter. Kerns, Pearlstine, Onorato & Fath, Dated: Marc;h 16, 2005 :\ '" PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. Plaintiff, v. No. 03-2170 CYNTHIA J. MICHAUD SCOTT M. MICHAUD Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $165,765.36 Interest from 6/27/03- MARCH 2, 2005 (per diem -$27.25) $16,758.75 and Costs TOTAL $182,524.11 ~~~~~Ofj o NIEL G. SCHMIEG, ESQUIR 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. -' II) II) ~ r- .... < ~ ~ ~ U .... ~z ....< ~:= ....U ~,~ " . \>.<~ ~"": z ~.... O~ 0 ~~ .... ~>- u .... ,..;l . \ilil,..;l ~ =~ .0 UZ U <l.) ,..;l~ ........ ~~ \ilil... ~.... ~ ,~ ~z z ' ~~ ,..,: '" ~" <l.) Zz g~ \ilil := en ~~ :=< '" O~ <l.) \>.<0 P ........ ~O 0'Cj ct.~ ~ ~ . Urn <l.l ~~ .... '" ;~ 8 O~ ~~ ,;, ~~ en UZ \ililz .. ,.., . 0.... k <~ ~~ <l.) \>.<~ ~~ [;t 00 ~S S.... ~ ~ 'eP ~" 0- U ~S ........ o '" II) <l.) ~~ ~~ b zO \>.< 0 ........ ~~ ~U [;016 p ~.... urn e: ~ 8; o~ en U en <l.) ~~ ~" ~ -d ..0 ~ OJ ~ - 1 .~ ....~ ~ '"" ~~ u J1 \~D -f: (',J C2 'C:! \ J ....~::; ci0 - , - - ': - " - - - I -* c_, ~J - - ~ :: - - :: = ::: Ld = ~ 0 :::r 'CC Lt.... c:Z::.:, r::.J ~ 0 c:;;::> I \ \ ~ C "" I I J Q- ~ S 0-- M () oJ () t') ~ (Y) I.JJ (i 0 t" C () (J r<1 111 ~ lJ) VI ~ ~ Ui d-vi lil l.J) i;. -- ("t) <'- Vj - cJ ~ - ~ \ . LEGAL DESCRIPTION ALL THAT CERr AI;\ tract of land, together witb improvements thereon erected, all ~iruate in tbe T()W:l~hip of Monroe. CoulIty of Cumberland and Commonwealth of Penll~ylvanja, being more panicularly houndL'd and <k,cribe<l as fonow", to wit: BEUl;-i:\[:-lG at stones which mark the pain, of adjoinder of the widlin described cnlCI \lith other lands [lOW or formerly of Donald R. Ohrum and other lands now or formerly of Shin ito Enlerpri,es, lne ; ",;<] ,!OI1:' p;k marking tlle N(l:l!lea'lernm\lst point of the within j~scribed parcel; !lIenee extending akmg other lands !lOW or formcrly 01 Donald R. 0I"'1In, South thirty-two degrees twenty-two minu:es forty five seconds East (S, 31" 22' 45" 1.:.), tar a distance of six hundred eighleell and forty. six Imntlrelitlls feel (618.46') w a ,leel pin at lands now or fornu:rly of M. N. Mumma's heirs; thence "1t'11l1ing al0ng lands nuw or fOffilerly of Mumma's heirs, South thirty-eight degrees seven minUles lwellly-tiw SeCllJldS West (S. 38' 07' 25" W.), f(,r a distanc~ "r llueI: hundred ninety and sixty-three hundredths feet (390.63') to ft steel pin <el at lands now or fonnerly ()f Homer Gladldter; thence extending 31011g lands now or formerly of Homer Gladfelter, North twenty-eight degrees forty-one minutes funy seconds West (N. 28 0 41' 40' W.), for a distance of six bundred thirty-six and thirtY-IWO :lUlldrt'<.!ths feet (636.32') to a railroad naii in S[Oiles at lands now or fOl'merly of ShilJito Enterprises, Inc,; th<'nc~ rxtemlillg along ShiUito EllIcrprises, loc.. "'('I'll, tl\irty-eight degrees r,vcnty-six minutes lorty-five seconds East (N, 38' 26' 45" E ), for a distance of three hundred forry-six and flfty->even ll'Jlldrcctl\s feet 1346.57') \0 ,\Ones a\ other lands now or formerly of Donald R. Ohrum, said stones muking the place of beginning. CO!\TAlNING 4.947 acres. in accord"oce with a S"tv~y ptepared fot Dorlahl R. Oluum by Ruull\:)' I ,~e Decker. Registered Surveyor and dated December 17, 1981. BEING known and Jllunhered ~s 1059 York Road, DJIlsburg. Pennsylvania. TlJJJiJO 1':,'\ID PREM1SliS IS VESTED IN Scott M. Michaud and Cynthia 1. Michaud, his wife Ilv Deed from Carl ,\. Erikson and 10cilyn A. Erikson, bis wife. dated 7/2911994 and recorded 8/2/1994 in Record Book 109, Page 620, 'J a' Parcel t~2J2-()350-051 ... MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION CYNTHIA J. MICHAUD SCOTT M. MICHAUD NO. 03-2170 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. 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. 1059 YORK ROAD. DILLSBURG. PA 17019. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CYNTHIA J. MICHAUD 1059 YORK ROAD DILLSBURG, PA 17019 SCOTT M. MICHAUD 19 GETTYSBURG PIKE, APT. 1 MECHANICSBURG, PA 17055 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) HOUSEHOLD REALTY CORPORATION 25 GATEWAY SQUARE, SUITE 107 MECHANICSBURG, P A 17055 & P.O. BOX 8604 ELMHURST, IL 60126 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 (i f 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 1059 YORK ROAD DILLSBURG, PA 17019 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. November 30. 2004 DATE ~NIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff () ...., C',) ;:~::~ ~,;.'- C C'I"l C) \ ~. c::; !'o en FEDERMAN PHELAN, LLP 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 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION CYNTHIA J. MICHAUD SCOTT M. MICHAUD NO. 03-2170 Defendant(s). 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: o 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. I.: (<\NIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ......, c::;. () ::'~." -n n r~;::i CJ , ...:;:;. r"" c:J.... ~ ~t~cl f)oSJ-1 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF FENNS'lLVANIA IN RE: Cynthia J. Michaud Bk. No. 1 03-07163 MDF Debtor Chapter No. 13 Mortgage Electronic Registration Systems, Inc. Movant v. 11 V.S.C. !i362 Cynthia J. Michaud Respondent ORDER MODIFYING !i362 AUTOMATIC STAY AND NOW, this Harrisburg upon Motion Inc., (Movant), it is: ~{J of I\. 1 "-'~ Electronic Registration 2004, at Systero.s, day of Mortgage ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. 362 is modified with respect to premises 1059 York Road, Di11sburg, PA 11019, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 400l(a) (3) is Electronic Registration Systems, Inc. implement this Order granting relief from not may the applicable and Mortgage immediately enforce and automatic stay. " Mary D.Fra~ce'~ Bankruptcy Judge~K cc: Federman and Phelan, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-18L4 Charles J. DeHart, III, Esquire (Trustee) P.O. Box 410 Hummelstown, PA 17036 Christopher J. Keller, Esquire 101 South Market Street Mechanichburg, PA 17055 Cynthia J. Michaud 1059 York Road Dillsburg, PA 17019 NOV - 3 2004 Scott M. Michaud 1059 York Road Dillsburg, PA 17019 { , ( MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INc' CUMBERLAND COUNTY Plaintiff, No. 03-2170 v. CYNTHIA J. MICHAUD SCOTT M. MICHAUD Defendant(s). November 30, 2004 TO: CYNTHIA J. MICHAUD 1059 YORK ROAD DILLSBURG, PA 17019 SCOTT M. MICHAUD 19 GETTYSBURG PIKE, APT. 1 MECHANICSBURG, PA 17055 **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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 1059 YORK ROAD, DILLSBURG, PA 17019, is scheduled to be sold at the Sheriffs Sale on MARCH 2, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $165,765.36 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 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 MAYBE 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 th 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 Sheriff's 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 ifthe 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, P A 17013 (717) 249-3166 (800) 990-9108 , LEGAL DESCRIPTION ..\ LL THAT CERTAIN tract of land, together with improvem"nl~ thereon erectOO, all situate in the Tow'nship of Monroe, COUllty of Cumberland and Commonwealth of Pe\lJlSylvania, being more particularly bounded aDd deseribed as follows, to wit: BEGINNING at stones which mark the point of adjoincler of the within descrlbetl tract with olher Jancls now or formerly of Douald R. Ohrum aru! O{her lands now or formerly of Sbillilo Bnrerprise8, roc.; said stolle pile marKing the Norlbeastel'lllllOsl point of the within described parcel; thence extemling along <!ther lands now or fomlerly of Donald R. Ohrum, South thirty-two degrees twen(y-lWO minutes forty-five seconds East (S. 32' 22' 45" E.), for a distallce of six bundred eigllteen and forly-tix hundredths feet (618.46') to a ,teel pin al lands now or fonnerly of M. N. Mumma's heirs; thence i:lendlng along lands now or fOffi1eTly of Mumma's hein;, South thirty-eight degrees seven minutes twenty-five seconds Wesl (S. 38" 07' 25" W.), for a distanCl: of three hundred ninety aDli sixly-lhIee hundredths ftet(390.63') to a steel pin set at lands now or fonnerly of Homer Gladfelter: tlIeru:e extending along lands now or formerly of Homer Gladfelter, North twenty-eight degrees fortY-QDe minutes forty seconds Wesr (N. 2$' 41' 40' W.), fur a distance of six hundred. thirty-six and thirty-two hundredths feel (636.32') to a railroad nail in stones at lands now or formerly of SbilJito Enterprises, In(;.; !henc~ extending along Sl1.illito Enterprises, loc.., North thlrty.eight degrees twenty-six minutes forty-tive seconds East (N. 38' 26' 45' R), for a distance of !hI'<< hundred forty-six and fifty-seven hundredthS feel (346.51') 10 SlOl1es at other lands now or fonnerly of DoIlllld R. Ohrum, said SlOnes m;;rking the place of beginning. CONTAINING 4.947 acres, in accoIdilnee wim 11 SlIfVey PIepared fOr DOIllIkI R. OhrUlll by Rod1leYcLee Decker, Registered Surveyor and dated December 17, 1981. IlErNG known and numbered as 1059 Yorle Road, DllIsburg, Pennsylvllllla. TIT.IJ; TO SAID PREMISES IS VESTED (N Scott M. Michaud and Cynrhia J. Michaud, his wife by D~ed from Carl A. Erik-son and Jocilyn A. E:rlk.',oD, his wife, dlrted 7129/1994 and recorded 81211994 in Record Book 109, Page 620. Tn~ Parcel #22.-12-t:l35Q-051 ----- 7:J. :~~ C) --n .-' --, I c"', r'.-\ C") - ~..,~ c:s r<) cr' - WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION NO 03-2170 Civil CIVIL ACTION - LAW SYSTEMS, INC., Plaintiff (s) From CYNTHIA J. MICHAUD AND SCOTT M. MICHAUD (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) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $165,765.36 L.L. Interest FROM 6/27/03 TO 3/2/05 (PER DIEM - $27.25) - $16.785.75 AND COSTS Ally's Carom % Due Prothy $1.00 Atty Paid $245.33 Other Costs Plaintiff Paid Date: DECEMBER I, 2004 CURTIS R. LONG (Seal) prothonjz '-lly: 0..--.. p ,P. 7J(--Z//.rY~ ;---- 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 lD No. 62205 .. . . ~ .~ STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 Kerns, Pearlstine, Onorato & Fath, LLP 425 W. Main Street P.O. Box 0029 Lansdale, PA 19446-0029 215-855-4165 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. CYNTHIA J. MICHAUD and SCOTT M. MICHAUD Defendants. Attorney for Central Penn Property Services, Inc. COURT OF COMMON PL AS CUMBERLAND COUNTY No. 03-2170 ORDER AND NOW, this~i'tAdayJ1"'Y'ln.A yS 11M: 1 : !'~15 , 2005, upon due consi eration of the Exceptions of Third Party Purchaser, Central Penn Property Servi es, Inc. ""- j...t.e...; ~ ("Central Penn"), to Proposed Schedule of Distribution .( it ig hereby-.. rt< S' ~ h> S hr-v Ct.. ~ ~ f<t ,{)RDE~E:D THAT Cenllal Ft:IlI(s E:xGt:fJtlons to I-'rOpased ::ich u OiEtFiButiol'lorc SUSTAINeD, and it is ~('qeduIB of Distribution wherein t ifaxes, paid onder-pTotest,slTa1fbe taken oot"ottl1e~SfDl1)j FURTHER ORDC IGfL.\ld"~i;::r~e ~8A~ p~J. M -- 4 BY E COURT: ~~~* if\' \ ~ ( . q_()5 '?....r [1-) dO J. sfer . F~' 'i-.'i,. A.L"',!r!C:" , "',.,:lJriJ 21 : I Hd 82 ~:\flJ soal ,. '\,/1('1'" '". ,~, 'l-'O I\tlv_ },\.....lIL.UC;J :jH ;;J t 38H~O-Ci311:J DJ.- d../IQ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certi that the Sheriffs Deed in which Michael s & Beckv R Home is the grantee the same having been so d to said grantee on the 2nd day of March A.D., 2005, under and by virtue of a writ Execution issued on he 1st day ofDec, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 20 3 Number 2170, at the suit of Mortgage Electronic Ref Svstems Inc against C thia J Michaud Scott M is duly recorded in Sheriffs Deed Book No. 268, Page 1932. IN TESTIMONY WHEREOF, I have hereunto s my hand and seal of said office this day of CltuJ , , A.D. ,),{J 0 S Record r of Deeds Fl_ofOoodl,~Courllf._,"" My COmmIssion E>cl*eo the FinII t.lorIdIV 01 Jon. 2lXII SCHEDULE OF DISTRIBUTION SALE NO. 35 Date Filed: April 01, 2005 Writ No. 2003-2170 Civil Tenn Mortgage Electronic Registration Systems, Inc. VS Cynthia J. Michaud and Scott M. Michaud 1059 York Road DilIsburg, PA 17019 Sale Date: Buyer: March 02, 2005 Central Penn Property Services, Inc.; bid assigned to Michael S. Horne and Becky R. Horne $202,000.00 Bid Price: Real Debt: Interest: Attorney Costs: $165,765.36 16,785.75 245.33 Total: $182,796.44 DISTRIBUTION: Receipts: Cash on account (12/01/2004): Cash on account (03/02/2005): Cash on account (03/18/2005): $ 1,500.00 20,200.00 191,152.60 Total Receipts: $212,852.60 / ~.~ t16~P (., t1 \ (q '!. 11)'1 \... Disbursements: Sheriffs Costs Legal Search State Transfer Tax Local Transfer Tax Mary Murray, Local Tax Collector Attorney Daniel Schmieg Mortgage Electronic Registration Systems, Inc. Household Realty Corp. Total Disbursements: Balance for distribution: So Answers: r:~ -~~~ R. Thomas Kline Sheriff $ 5,064.23 200.00 2,556.30 2,556.30 597.75 1,500.00 182,796.44 17,581.58 ($212,852.60) 0.00 . TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTO Y EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 35 Held Wednesday, March 2, 2005 Date: March 2, 2005 TAXES: Receipts for all taxes for the years 2002 to 2004 inclusive. Taxes for the curre t year 2005. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or se er. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2005, and recorded , 2005, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Carl A. Erikson and Jocilyn A. Erikson, b deed dated July 29,1994 and recorded August 2, 1994 in the Office of the Recorder of Deeds 'n and for Cumberland County, at Carlisle Pennsylvania, in Deed Book 109 Page 620, grant d and conveyed to Scott M. Michaud and Cynthia J. Michaud, his wife. OTHER EXCEPTIONS: I. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in ea and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Mortgage in the amount of $166,870.00 given by Scott M. Michaud and Cynthi J. Michaud to Mortgage Investor's Corporation dated December 21, 1998 and reco ded December 28, 1998 in Mortgage Book 1509 Page 236. Said mortgage was assig ed to Source One Mortgage Services Corporation by instrument recorded February 12 1999 in Miscellaneous Record Book 603 Page 611. Said mortgage was further assign d to Mortgage Electronic Registration System, Inc., by instrument recorded June 13, 000 in Miscellaneous Record Book 646, Page 504. Complaint in mortgage foreclosure filed by Mortgage Electronic Registration S stem, Inc., as Plaintiff, against Cynthia J. Michaud and Scott M. Michaud, as defenda ts, on May 7, 2003 in the Office of the Prothonotary of Cumberland County to File N 2003-2170. Judgment in the amount of $165,765.36 entered June 27, 2003. 6. Mortgage in the amount of $84,321.00 given by Scott M. Michaud and Cynthi J. Michaud to Household Realty Corporation dated February 28, 2001 and record d March 2, 2001, in Mortgage Book 1676, Page 189. 7. Rights in private right-of-way forming a portion of the subject premises as set rth in Deed of Carl A. Erikson and Jocilyn A. Erikson recorded in Deed Book 109, p ge 620. 8. Subject to rights and obligations as contained in Deed of Right-of-Way and Maintenance Agreement recorded September 17, 1991 in Miscellaneous Recor Book 404, Page 539. Said Agreement was amended by instrument recorded May 20 1994 in Miscellaneous Record Book 474, Page 277. 9. Rights granted to Metropolitan Edison Company by instrument recorded on M ch 11,1992 in Miscellaneous Record Book 413, Page 778. 10. No portion of the premises that was subject to an Order quieting title dated Fe uary 5,1993, a certified copy of which was recorded February 19, 1993 in the Offic of the Recorder of Deeds in Deed Book "D," Volume 36, Page 556, is covered by this title report. II. Rights granted to General Telephone Company of Pennsylvania by instrument recorded July 14, 1982 in Miscellaneous Record Book 277, Page 991. 12. Rights granted to Metropolitan Edison Corporation by instruments recorded December 17, 1982 in Miscellaneous Record Book 282, Page 537 and Page 5 13. Satisfactory evidence to be produced that proper notice was given to the holde s of all liens and encumbrances intended to be divested by subject Sheriff Sale. 14. Real estate taxes accruing on and after July 1,2005 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been m de to determine support arrearages regarding House Bill 1412, Act 58 of 1997, or has any search been made for environmental liens in Federal District Court. \ Robert G. Frey, Agent Note: This Title Report shall not be valid r until countersigned by an authorized signata --- -___.__ .....-.Lw&OI n..... u..,. Writ No. 2003-2170 Civil Mortgage Electronic Registration Systems, Inc. VS. Cynthia J. Michaud and Scott M. Michaud Atty.: Daniel Schmieg LEGAL DESCRIPTION AU. THAT CERTAIN tract ofland. together with improvements thereon erected. all situate in the Township of Monroe, County of Cumberland and Commonwealth of pennsylva- n1a, being more particularly bounded and described as follows, to wit: BEGINNING at stones which mark the point of adjoinder of the within described tract w1th other lands now or formerly of Donald R. Ohrum and other lands now or for- merly of Sh1llito Enterprises, Inc.: said stone pile marking the North- easterrunost point of the within de- scribed parcel: thence extending along other lands now or formerly of Donald R. Ohrum. South thirty- two degrees twenty-two minutes forty-five seconds East {So 320. 22' 45" E.). for a distance of six hun- dred eighteen and forty-six hun- dredths feet (618.46') to a steel pin at lands now 0(" formerly of M. N. Mumma's heirs: thence extending along lands now or formerly of Mumma's heirs, South thirty-eight degrees seven minutes twenty. five seconds West (S. 380. 07' 25" W.), for a distance of three hundred ninety and sixty~three hundredths feet (390.63') to a steel pin set at lands now or formerly of Homer Gladfelter: thence extending along lands now or formerly of Homer Gladfelter. North twenty-eij{ht de- grees forty-one minutes forty sec- onds West (N. 28041' 40" W.J, for a distance of six hundred thirty-six and thirty-two hundredths feet (636.32') to a railroad nail in stones at lands now or formerly of Shillito Enterprises, Inc.: thence extending along Shillito Enterprises, Inc., North thirty~eight degrees twenty~six min- utes forty-five seconds East (N. 380 26' 45" E.), for a distance of three hundred forty-six and fifty-seven hundredths feet (346.57') to stones at other lands now or formerly of Donald R. Ohrum. said stones mark- ing the place of beginning. CONTAINING 4.947 acres, in accordance with a Survey prepared for Donald R. Ohrum by Rodney Lee Decker, Registered Surveyor and dated December 17, 1981. BEING known and numbered as 1059 York Road, Dillsburg, Penn- sylvania. TITLE TO SAID PREMISES IS VESTED IN Scott M. Michaud and Cynthia J. Michaud. his wife by Deed from Carl A. Erikson and JocUyn A. Erikson, his wife, dated 7/29/1994 and recorded 8/2/ 1994 in Record Book 109. Page 620. THJ( P:::.rr".] -Jt??__l ?_(}~~/1_(}~ 1 Mortgage Electronic Registration Systems, Inc. VS Cynthia J. Michaud and Scott M. Michaud In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-2170 Civil Term Cpl. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on December 08, 2004 at 8:09 o'clock PM, he served a true copy ofthe withi Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendant, to wit: Cynthia J. Michaud, by making known unto Cynthia Michaud, personally, at 28 Dapp Road, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Cpl. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on December 08, 2004 at 6:40 o'clock PM, he served a true copy of the withi Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendant, to wit: Scott M. Michaud, by making known unto Scott Michaud, personally, at 19 Gettysburg Pike, Apt. 1, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on January 03, 2005 at 8:40 o'clock A.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Cynthia J. Michaud and Scott M. Michaud, located at 1059 York Road, Dillsburg, 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 ofthe action to the within named defendant, to wit: Cynthia J. Michaud, by regular mail to her last known address of28 Dapp Road, Mechanicsburg, PA 17055. This letter was mailed under the date of December 29, 2004 and never returned to the Sheriff's 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: Scott M. Michaud, by regular mail to his last known address of 19 Gettysburg Pike, Apt. 1, Mechanicsburg, PA 17055. This letter was mailed under the date of December 29,2004 and never returned to the Sheriff's 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 March 02, 2005 at 10:00 o'clock A.M. He sold the same for th sum of $202,000.00 to Ann Gatchell for Central Penn Property Services, Inc. (bid is assigned to Michael J. Home). It being the highest bid and best price received for the same, Central Penn Property Services, Inc. of 100 South 7th Street, Akron, PA 17501, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $211,352.60. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Levy Certified Mail Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $30.00 4040.00 15.00 15.00 30.00 10.00 1.00 21.46 15.00 8.84 30.00 386.30 366.40 30.73 25.00 39.50 $ 5064.23 Sworn and subscribed to before me So Answers: This~dayof ~:~ ;7"'~~~ 2005, At", , .~ ' R Th:= "H." "'nff Prothonotary ~Y'-. eeL-I jf'v.u...iL Real Estate Deputy " , MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. . CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLE S v. CIVIL DIVISION CYNTHIA J. MICHAUD SCOTT M. MICHAUD NO. 03-2170 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the a ove action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for he Writ of Execution was filed the following information concerning the real property located at 10 9 YORK ROAD, DILLSBURG, PA 17019. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot b reasonably ascertained, please indicate) CYNTHIA J. MICHAUD 1059 YORK ROAD DILLSBURG, PA 17019 SCOTT M. MICHAUD 19 GETTYSBURG PIKE, APT. 1 MECHANICSBURG, PA 17055 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record Ii n on the real property to be sold: Name Last Known Address (if address cannot e reasonably ascertained, please indicate) None . 4. Name and address ofJast recorded ho;der of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HOUSEHOLD REALTY CORPORATION 25 GATEWAY SQUARE, SUITE 10 MECHANICSBURG, PA 17055 & P.O. BOX 8604 ELMHURST, IL 60126 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot e reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property an whose interest may be affected by the sale. Name Last Known Address (if address cannot e reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has y interest in the property which may be affected by the sale: Name Last Known Address (if address cannot reasonably ascertained, please indicate) Tenant/Occupant 1059 YORK ROAD D1LLSBURG, PA 17019 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Departmen t of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of m personal knowledge or information and belief. I understand that false statements herein are made su 'eet to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. November 30, 2004 DATE ~o m D QJ~~~~ ~N"I ~ Q ~ ~NIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff . : MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INc' CUMBERLAND COUNTY Plaintiff, No. 03-2170 v. CYNTHIA J. MICHAUD SCOTT M. MICHAUD Defendant(s). November 30, 2004 TO: CYNTHIA J. MICHAUD 1059 YORK ROAD DILLSBURG, PA 17019 SCOTT M. MICHAUD 19 GETTYSBURG PIKE, A T. 1 MECHANICSBURG, PA 17 55 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFO 'ATJON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVJOUSLY RECEIVED A DISCH A GE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS IS NOT AND SHOULD NOT BE CONS UED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at, 1059 YORK ROAD, DILLSBURG, PA 17019, is sch duled to be sold at the Sheriff's Sale on MARCH 2.2005 at 10:00 a.m. in the Cumberland County Co house, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $165.765.36 0 tained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (the mortgagee) ag inst you. In the event the sale is continued, an announcement will be made at said sale in compliance w th 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 Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, lat charges, costs and reasonable attorney's fees due. To find out how much you must pa ,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 Co 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 ore 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 OT ER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bid er. 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 ossly 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 i 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 wner 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 e Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedi gs to evict you. 6. You may be entitled to a share ofthe money which was paid for your house. A hedule of distribution ofthe money bid for your house will be filed by the Sheriff within 30 days oft e sale. This schedule will state who will be receiving that money. The money will be paid out in accor ance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed ith 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 OT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFIC LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It ma in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale mus postponed or stayed in the event that a representative of the plaintiff is not present 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, together with improvements thereon erectro, all situate in the To\\'nship of Monroe, County of Cumberland and Commollwealth of Petmsyl~ania, being more particularly bounde<.l and d~rjbed as fullows, to wit: BEGINNING at stones which mark the point of adjolnder of the within described trace with other lands now or ronnerly of Donald R. Ohrum and other lands now or formerly of Shillito Enterprises, Inc.; said stone pile marking the NortbeastemmoSI point of the wilhin described parcel; thence extending alollg ')lher lands now or fomletly {)f Donald R. Ohrum, SoUIJI thirty-two degrees Iwemy-two minuteS forty-five seconds East (S. 32" 22' 45" E.), f{)(' a distance of six bundred eigbt.een and forlY-six hundredths feet (618.46') 10 a steel pin at lands now or fonner!y of M. N. Mumma's heirs; thence .,(.;!nding along lands now or fomlerly of Mumma's heirs, South thirty-eight degrees seven minutes twenty-five seconds West (S. 38" 07' 25" W.), for a distance of three bundred ninety and sixty-th!ee hundm:lths reel (390.63') to a steel pin set at Jands 1l0W or fonnerly of Homer Gladfelter; thence extending along lands now or formerly of Homer Gladfelter, North twenty-eight degrees forty-one illinutes fony seconds West (N. 2$' 41' 40' W.), for a distance of six bUt1dred thirty-six and thirty-two hundrt'<iths feet (636.32') \0 a railroad nail in stones at lands /lOW or fonDerly of Shillilo Enterprises, Inc.; !benc~ extending along ShiUiIO Enterprises, Inc" North thlrty-eJgIlt degrees twenty-six minutes fmty-l1ve seconds Easl (N. 38' 26' 45" E.), for a distance of three I1UOOred forty-six and fifty-seven hundredths feet 046.57') 10 Sl.Olles at other lands now or fonnerly of Donald R. Ohrum, said stones marking tbe place of beginning. CONTAINING 4.947 acres, in accordance with a Survey prepared for Donald R. Ohrum by Rodw:y Lee Decker, Registered Surveyor and dated D=nber 17. 1981. BEING koown and nnmbered as 1059 York Road, Dlllsburg, Pennsylvania. TITll TO SAlO PREMISeS IS VESTED IN Scott M. Michaud and Cynthia J. Michaud, his wife lw D=.d from Carl .t,. Erikson and ]ocilyn A. Erikson, hi. wife, dated 712911994 and reconled 81211994 in Record Boo!:. 109, Page 620. Tax Parcel #22-12-0350-051 WRIT OF EXE~UtIOf' and/or ATTACHMENT . . COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-2170 Civil CIVIL ACTION - LA TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From CYNTHIA J. MICHAUD AND SCOTT M. MICHAUD (l) 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 gamishee(s) is enjoined fr m paying any debt to or for the account of the defendant (s) and from delivering any property of the defen nt (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 $165,765.36 L.L. Interest FROM 6/27/03 TO 3/2/05 (pER DIEM - $27.25) - $16.785.75 AND COSTS Ally's Comm % Due Prothy $1.00 Atty Paid $245.33 Other Costs Plaintiff Paid Date: DECEMBER 1, 2004 (Seal) CURTIS R. LONG Prothonotary ~y: fI..dJ1.?e p.7?!;;/Wy'~ 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 Real Estate Sale #35 On December 02, 2004 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, P A Known and numbered as 1059 York Road, Dillsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 02, 2004 Z I :E d I - :130 ~OOl 'lid 'UlinOJ OHVl(Jj8wn3 .:HIl:l3HS 3Hl .:10331.:1.:10 By:,J~dvJ~ Real Estate Deputy ~ ~ \:.~ 1~~~ ASSIGNMENT OF BID KNOW ALL MEN BY THESE PRESENTS that Central Penn Property Servi es, Inc., for and in consideration of the sum of $1.00 lawful money paid by Michael S. H me and Becky R. Home at the time of this execution, the receipt whereof is hereby acknowledged, do hereby grant, bargain, sell, assign, transfer, quitclaim, and set over unto the said Michael S. Home and Becky R. Home, and their assigns all their right, ti Ie, and interest in its bid on execution number 03-2170 (property of Cynthia J & Scott M Michaud) for property located at 1059 Yark Road, Monroe Township, Di11sburg, Pennsylvania, at the Cumberland County Sheriffs sale on March 2, 2005. TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the hereditament and premises hereby granted and assigned, or mentioned and intended so to be, with t appurtenances unto them, their heirs and assigns, to and for their onl y property use an benefit. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 24th day f March, 2005. WITNESS CENTRAL PENN PROPERTY SERVICES, INC. /1 ~\Jct~kf^o ~,,~~ Gregory K:Millen, President 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 James L. Clark, being duly sworn according to law, deposes and says: That he is the Accounts Receivable Manager of The Patriot News Co., a corporation organized and xisting under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 t 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of e Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News ere established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously publis ed ever smce; That the printed notice or publication which is securely attached hereto is exactly as printed and pu ished in their regular daily and/or Sunday/ Metro editions which appeared on the 18th and 25th day(s) of January a d the 1st day(s) of February 2005. That neither he nor said Company is interested in the subject matter of said pri ted notice or advertising, and that all of the allegations of this statement as to the time, place and character of pu lication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to ve this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously p sed and adopted severally by the stockholders and board of directors of the said Company and subsequently dul 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 S ALE #35 Swam to and subscribed before NOTARIAL Terry L. Russell, No a I aty of Harrisburg. Dqljphin Cour . My Commission Expir@~OOO Member, PennsylvanlaAnoclalionol Notaries CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 366.40 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the sa e have been duly paid. By..................................................... REAL ESTATE SALE No. 35 Writ No. 2003-2170 ClvUTenn Morlgllge Elec:lr9nlc Reglslratlon Sy8l8m8, Inc. )Is Cynthia J.Mlchaud and Scali M. Michaud Ally: Danlal Schmelg DESCRIPTION ALL TIIAT CEKfAIN Iracl of land, toge1her with improvemenls _ erected, all situate in !he TOWDSbip of Momoe, COUIlIy of CumbtrIaod aod Commoowealth of Peoosylvania, being more par-ticularly booDded and described" follows. to wit 'r'-~"_wllid!-lhepoiol <i. ..... of .. .... doIaiIIIllI _ with -.... - or-.nr <i.~ R. 0IIIvm ...-...._.,-y<i.SlliIIito llolo!prioes.Inc.;....._pilellllBilllhe NOlIbeas_.pointof!hewi1lrindescribed parce1;lheoceexteDdiogaloogolherlands....or fonnerly of Donald R. a.um. Soulh thirty_ degrees twenty-two oIinntesforty-Uve_ East (5. 32 degrees 22 minutes45 seconds E.~ lor ,distance of six hliodred eighteen and f..,..o. bundredtbs fi:et (618.46 feet) to ,steel pin . lands now or formerly of M. N. Mumma's heirs; thence exteodiog aIoog lands now orfonnerly of Mumma's heiIs, Soulh thirty-eigbt degrees seveo minutes tweoty-tive seconds West (5. 38 degrees 07 minutes 25 seconds W.). for ,distance of1bree _ oinety and sixty-1bree hun_ fi:et (390.63 fi:et) to ,steel pin set. lands now or formerly of Homer Gladfelter; thence extend-iDg along lands oow.or futmerly of Homer Gladfelter, North twenty-eigbt degrees forty.... minutes forty seconds West (N. 28 degrees 41 minutes 40 seconds W.). for ...Ii-. of six hliodred thirty- six and thirty-two _ fi:et(636.32 feet) to a railroad nail.in sloIles.atIands now or formerly of Sbillito Eolelprises, IDe.; lheoce ex_8 along Sbillito EoIl:r-priBes, IDe.. Norlh thirty-eisht de-grees twenty-six minutes forty-five seconds East (N. 38 degrees 26 minutes 45 secoods E.), . for, distance of 1bree hundred forty-six aod 1iIty- seven hundredths feet (346..51 feet) to stones at olher lands now or formerly of Donald R. Ohrum. said......inarlrioglheplaeeofBIlGlNNING. CONTAINING 4.941 acres. in accordance with , Survey prepared for Donald R. Ohnun by ROOrey Lee IlecIIer. Resist=! Surveyor. aod dated December 17. 1981. . BEING known aod oumbered " 1059 Yod< Road, DiI)sbmg. PA . Tl'ILE.-rosaidprelnises is vested in ScottM. Michaud and Cynthia J.Michaud, his wife. by Deed from Carl A.. Erikoonaod loci1yn A Eriksoo. his wife, dated 7/29/19iJ4 aod reeenIed 81211994 in _Book 109. Pllp 620. TaxPan:olm-12.{)J~1. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor ofthe Cumberland Law Journal, ofthe Count and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland aw Journal, a legal periodical published in the Borough of Carlisle in the County and State afo esaid, 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 reg arly 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 aw Journal on the following dates, V1Z: January 14,21,28,2005 Affiant further deposes that he is authorized to verify this statement by the Cumbe and Law Journal, a legal periodical of general circulation, and that he is not interested in the s ~ect matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and char"~'~r of publication are true. t <' 'V\,..''-.. .,- isa Marie Coyn , Editor S TO AND SUBSCRIBED before me his 28 day of Januarv. 2005 ~~ ~) . f --i<J2udnu Notary "1 REAL ESTATE SALE NO. 35 Wlit No. 2003-2170 CMl Mortgage Electronic Registration Systems, Inc. VS. Cynthia J. Michaud and Scott M. Michaud Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of I and, together with improvements thereon erected, all situate in the Township of Monroe, County of Cumberland and Commonwealth of Pennsylva- nia, being more particularly bounded and described as follows, to wit: BEGINNING at stones which mark the point of adjoinder of the within described tract with other lands now or formerly of Donald R. Ohrum and other lands now or for- merly of ShiIlito Enterprises, Inc.: said stone pile marking the North- eastemmost point of the within de- scribed parcel: thence extending along other lands now or formerly of Donald R. Ohrum, South thirty- two degrees twenty-two minutes forty-five seconds East (S. 320 22' 45" E.), for a distance of six hun- dred eighteen and forty-six hun- dredths feet (618.46') to a steel pin at lands now or formerly of M, N. Mumma's heirs; thence extending along lands now or formerly of Mumma's heirs. South thirty-eight degrees seven minutes twenty-five seconds West (S. 380 07' 25" W.J. for a distance of three hundred ninety and sixty-three hundredths feet (390.63') to a steel pin set at lands now or formerly of Homer Gladfelter; thence extending along lands now or formerly of Homer Gladfelter, North twenty-eight de- grees forty-one minutes forty sec- onds West (N. 280 41' 40" W.], for a distance of six hundred thirty~sIx and thirty-two hundredths feet (636.32') to a railroad nail in stones at lands now or formerly of Shillito Enterprises, Inc.: thence extending along Shillito Enterprises, Inc., North thirty-eight degrees twenty-six min- utes forty-five seconds East (N. 380 26' 45" E.), for a distance of three hundred forty-six and fifty-seven hundredths feet (346.57') to stones at other lands now or formerly of Donald R. Ohrum. saId stones mark- ing the place of beginning. CONTAINING 4.947 acres. in accordance with a Survey prepared for Donald R. Ohrum by Rodney Lee Decker, RegIstered Surveyor and dated December 17. 1981. BEING knovm and numbered as 1059 York Road, Dillsburg, Penn- sylvania. TITLE TO SAID PREMISES IS VESTED IN Scott M. Michaud and Cynthia J. Michaud, his wife by Deed from Carl A. Erikson and Jocllyn A. Erikson, his wife, dated 7/29/1994 and recorded 8/2/ 1994 in Record Book 109, Page 620. Tax Parcel #22-12-0350-051. . ....... ~