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HomeMy WebLinkAbout03-3064 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, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF CITIMORTGAGE, INC., S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION P.O. BOX 790014 ST. LOUIS" MO 63179 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. OJ -JC:i..Y <3~lt.:/€lt.n') v. CUMBERLAND COUNTY PAUL W. MCMILLIN JOYCE A. MCMILLIN 5 JANE LANE CARLISLE, P A 17013 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON 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. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 File #: 42293 File #: 42293 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 THIS SUIT. 1. Plaintiff is CITIMORTGAGE, INe., S/BIM TO FIRST NATIONWIDE MORTGAGE CORPORATION P.O. BOX 790014 ST. LOUIS" MO 63179 2. The name(s) and last known addressees) of the Defendant(s) are: PAUL W.MCMILLIN JOYCE A. MCMILLIN 5 JANE LANE CARLISLE, P A 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 01/28/1988 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to SEARS MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 900, Page 261. By Assignment of Mortgage recorded 12/16/97 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 564, Page 425. 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 02/01/2003 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. File #: 42293 6. The following amounts are due on the mortgage: Principal Balance Interest 01101/2003 through 06/26/2003 (Per Diem $14.68) Attorney's Fees Cumulative Late Charges 01128/1988 to 06/26/2003 Cost of Suit and Title Search Subtotal $62,131.71 2,598.36 1,225.00 98.61 $ 550.00 $ 66,603.68 Escrow Credit Deficit Subtotal TOTAL 0.00 134.95 $ 134.95 $ 66,738.63 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) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 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 $ 66,738.63, together with interest from 06/26/2003 at the rate of $14.68 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDE~~H~AN~~' By: 7sJirancis S. Hall~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 42293 ALL '1'HA~ C;ER.TArN t:.rac1: o:e 1and wi.t:.h the improvements 't:l"uilr.on ereClted s::f.tuat. in North M.i.dd1.ton Township, CumberJ.anc3. County, Pennsy1vaniu. bounded and descr~b.d GS fo11ows: BBZNG Lot Nc~. 33 on the P1an o~ SeQtion 9 ot Noll Manor 4$ r8cord~d in the Of~ice ot the Recorder of O..ds ~or Cumberland County in Plan Boctk 24, Page 104; c::ontaininq 35 feet along Jane Lane, havi.nq a 4.zpth a10nq the West ..long Lot No. 32 on said Pl.an o~ 125 feet, having 'a 4epi:h a10nq the East along Lo't. No. 34 on said. P1an ot 125 teet. and havinq a wideh in the rear along the North along Lo't.. "os. 28 anel 27 on sa.id Plan of 8S feet. BEXNG 1mpre.vecl wi.eh . dwe1.1inq hOUSe known as 5 Jane Lane, Carlisle, P.lnnsylvan.i.a.. BEING the 114me premise. wh.:Lch A.qn.. L. :Prey. ..inq1e woman, by d.ed ,dated. March 26, 1.981 and recorded March 26, 198~ in the O~~ice of ~h8 Recorder of Deeds in and ~or 'Cumberland County at C~n:l..isle ~ 'Pennsylvania in Deed Book "X", Volume 29, paq. 769, qran1:.ed. and conveyed 'too Mazok. A. ,Soderberg and Le.lie J. Soderberg, his wit., GJ;'an1:ors her.J.n.. ~ VERIFICATION TERESA METCALF hereby states that she is ASSISTANT SECRETARY of CITIMORTGAGE, 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: G r93-J) TOESA IllTtAlf AsslstInt Secm.y " , (:) ~ 0 a C € W -'1 ~ '*- c en "" '- \)5:' mrr- :~ CI1 z::-.: '" ".:.' ~~.) :z~_ t.J () (f) <- -.J . .'; ~;~ t::; -<< ~c' -u - -T~ ~ ;S ~ ~c ::J:: ~~~ C ~) ~ f' 5> -. '>i' -4 r- c )> -....) ~ :.:> ~ - D J -< \0 --- SHERIFF'S RETURN - REGULAR CASE NO: 2003-03064 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS MCMILLIN PAUL W ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MCMILLIN PAUL W the DEFENDANT , at 0849:00 HOURS, on the 2nd day of July , 2003 at 5 JANE LANE CARLISLE, PA 17013 by handing to PAUL MCMILLIN 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: 18.00 3.45 .00 10.00 .00 31.45 r~~~~~ R. Thomas Kline 07/03/2003 FEDERMAN & PHELAN me this It. 't- day of By: &~L:?Z--/ Deputy sh:~i(f Sworn and Subscribed to before ;2010 A.D. () )n.~,,};..Ui:. rothonotary , T I SHERIFF'S RETURN - REGULAR CASE NO: 2003-03064 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS MCMILLIN PAUL W ET AL RONALD HOOVER Cumberland County, Pennsylvania, who being duly sworn according to law, , Sheriff or Deputy Sheriff of says, the within COMPLAINT - MORT FORE MCMILLIN JOYCE A was served upon the DEFENDANT , at 0849:00 HOURS, on the 2nd day of July , 2003 at 5 JANE LANE CARLISLE, PA 17013 PAUL MCMILLIN, HUSBAND by handing to 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 .00 .00 10.00 .00 16.00 Sworn and Subscribed to before me this /f.. ~ day of ~.d01V A.D. ~000~~ So Answers: ~~~ ~~c R. thom~ Kline~-~' 07/03/2003 FEDERMAN & PHELAN By: L--i?_k~~ Deputy She;i.{f FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION P.O. BOX 790014 ST. LOUIS, MO 63179 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 03-3064 CIVIL TERM PAUL W.MCMILLIN JOYCE A. MCMILLIN 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 PAUL W. MCMILLIN and JOYCE A. MCMILLIN. Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 6/26/03 to 8/4/03 TOTAL $66,738.63 $587.20 $67,325.83 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. 3JUw..Je }~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. t. // ,) DATE: fl~fi I~ ;!.OO~ ~h?"-' J k. ~ PRO PROTHY U , 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 (7 I -;) -;0,-7000 CITIMORTGAGE, INC., S/BIM TO FIRST NATIONWIDE MORTGAGE CORPORATION Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY PAUL W. MCMILLIN JOYCE A. MCMILLIN Defendants : NO. 03-3064 CIVIL TERM TO: JOYCE A. MCMILLIN 5 JANE LANE CARLISLE, PAl 7013 DATE OF NOTICE: J1TI ,V n, 200, THIS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN A TIEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSEJF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOnc.E You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the cowt your defenses or objections to the claims set forth against you. Unless you act within ten (!O) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to 0' telephone the following office to fmd out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNlY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 y " JLLtl..IJP iLlf! /;,mllY) FRANK FEDERMAN, ESQUIRE LAWRENCE T PHELAN. ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2003-03064 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS MCMILLIN PAUL W ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MCMILLIN JOYCE A the DEFENDANT at 0849:00 HOURS, on the 2nd day of July , 2003 at 5 JANE LANE CARLISLE, PA 17013 by handing to PAUL MCMILLIN, HUSBAND 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 .00 .00 10.00 .00 16.00 ..... :;~-y;?'~~;~:r-::.:'^ > R. Thomas Kline 07/03/2003 FEDERMAN & PHELAN Sworn and Subscribed to before By: ~ - --}r"'" . /'" ---- --. / _{.~,<-", ,&,-' 2.. ~A'-7 Deputy Sheriff me this day of A.D. Prothonotary r,~~~ tt- 0 f! '- ",0 ('l ~ ...0 V ~ 0 - r k~ ~i """(,.^ '7.l'a rt1: .:'J ~:~; f .-.- I ",,> L, );: '- " ~: 9 . . ...."j _"-.J 4_ -< j~) FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BLVD., SIDTE 1400 PHlLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF C1TIMORTGAGE, lNe. S/B/M TO FffiST NATIONWIDE MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION PAUL W. MCMILLIN JOYCE A. MCMILLlN NO. 03-3064 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. 3~:?l~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMANandPHELAN,LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PIDLADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CITIMORTGAGE, INC. SIB/M TO FffiST NATIONWIDE MORTGAGE CORPORATION P.O. BOX 790014 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 03-3064 CIVIL TERM PAUL W. MCMILLIN JOYCE A. MCMILLIN 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 ofthe Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant PAUL W. MCMILLIN is over 18 years of age and resides at , 5 JANE LANE, CARLISLE, PA 17013. (c) that defendant JOYCE A. MCMILLIN is over 18 years of age, and resides at , 5 JANE LANE, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 3~ .3 ed.uA71AWl FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CITIMORTGAGE, INC. S/BIM TO FIRST NATIONWIDE MORTGAGE CORPORATION Plaintiff, v. No. 03-3064 CIVIL TERM PAUL W. MCMILLIN JOYCE A. MCMILLIN Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $67,325.83 Interest from 8/4/03 to DECEMBER 10, 2003 (per diem -$11.07) $1,416.96 and Costs TOTAL $68,742.79 :}./l.MJ{ :1 ~ 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. ~ ~ "ll t"'l t"'l... - ~ ... ~Z ,., ::l ~"" ,., P.- Z~ == '" ~ ~ t"'l toJtoJ ... >0 ~t"'l r..w ___"ll ...."ll ::l~ ,., UlUl ~toJ ~g @ ........ It o "'l 0> t"'lo~ '1:l ~~ ::1.0 ><~ OZ> 1:l::C ~ ",g::C t"'lt"" ~:l~ t"'l"" ,., toJ:E .... '< ~:E 00 '" t""t"" ?-. o I:l" S >> 8'4-1 "'lC! ~~ < ~toJZ ~"'l '" ZZ ~r ~ "" '!' Zt"'l '< toJtoJ t"'lt"'l ",,~0 ::;10 cr- " " ao ~~ ...000 . ~ ,., t"'lt"'l ~ O~= '" 5l "'l ...... t;ll~ ~~ t""t"" ,., S:i = toJ t""t"" z~~ :::! ., ~ ...... zO ,., ~ ZZ >"" zZ p.. ... ... 0000 t"'l ~o oo"ll t""t"" ~ toJ;s ><t"" toJtoJ "" t""toJ " . ... ~ <::> "ll"ll 0 >00 >> Z "" Zo .... .... "''''l --I --I > => => .... .... w w ~ () 4q"r 1:- -- g( \ ~ ~ lU ~ t1 -- w ~ ..() ...0 6"'" ";' . . - !"l . . ~ ~ . b !L 0 "l 0 Vl <- 0 - PJ () () C- o () fIl C ,...J 0 0 .' '5 ~:-. ;;....) " (') --0 I , I I , ~:;:\I' (::)\0 ...~' ; :3 - f:.& .....1' ~. ~ n" ;) .... ~ ~ p- ~~'l -...) ~ ~ , , <!;! ' . . , , :~ ,- ~~ :-;-". .,-. ~ ,,~, .. ._-- .-- ~ ~ , :).. ., hf , , , ... '" Ul LEGAL D~SCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in North Middleton Township, Cumberland County. Pennsylvania, bounded and described as follows: BEING Lot No. 33 on the Plan of Section 9 of Noll Manor as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 24, Page 104; thence containing 35 feet along Jane Lane, having a depth along the West along Lot No. 32 on said Plan of 125 feet, having a depth along the East along Lot No. 34 on said Plan of 125 feet and having a width in the rear along the North along Lots Nos. 28 and 27 on said Plan 85 feet. BEING improved with a dwelling house known as 5 Jane Lane. Carlisle, Pennsylvania. Tax Parcel #29-16-1096-044 , TITLE TO SAID PREMISES IS VESTED IN Paul W. McMillin and Joyce A. McMillin, his wife by Deed from Mark A. Soderberg and Leslie J. Soderberg, his wife, dated l/28/1988 and recorded 4/18/1988 in Deed Book Volume 33G, Page 1198. / 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 CITIMORTGAGE, INC. SIBIM TO FIRST NATIONWIDE MORTGAGE CORPORATION, Plaintiff(s) From PAUL W. MCMILLIN AND JOYCE A. MCMILLIN NO 03-3064 Civil CIVIL ACTION - LAW (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 $67,325.83 L.L. $.50 Interest FROM 8/4/03 TO 12/10/03 (PER DIEM - $11.07) - $1,416.96 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $129.45 Other Costs Plaintiff Paid Date: AUGUST 11, 2003 CURTIS R. LONG (Seal) Prothono~ n ~~O~ ~t-' .7f~ Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PIDLADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 CITIMORTGAGE,INC. S/BIM TO FIRST NATIONWIDE MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION PAUL W. MCMILLIN JOYCE A. MCMILLIN NO. 03-3064 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) CITIMORTGAGE, INC. S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION, 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 ,5 JANE LANE, CARLISLE, P A 17013 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PAUL W. MCMILLIN 5 JANE LANE CARLISLE, PA 17013 JOYCE A. MCMILLIN 5 JANE LANE CARLISLE, P A 17013 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) CARLISLE AREA SCHOOL DISTRICT 623 WEST PENN STREET CARLISLE, PA 17013 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) PENNSYLVANIA HOUSING FINANCE AGENCY 2101 NORTH FRONT STREET HARRISBURG, PA 17110 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 5 JANE LANE CARLISLE, PA 17013 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 of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 4. 2003 DATE 3~J~ FRANKFEDERMAN,ESQUIRE Attorney for Plaintiff c . r"' , C c.; -fl ":;:''' -, n . , ,;::-- -,.,. (f r;: '1;~ ~ ''> (J CITIMORTGAGE, INC. SIB/M TO FIRST NATIONWIDE MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY No. 03-3064 CIVIL TERM v. PAUL W. MCMILLIN JOYCE A. MCMILLIN Defendant(s). August 4, 2003 TO: PAUL W. MCMILLIN 5 JANE LANE CARLISLE, P A 17013 JOYCE A. MCMILLIN 5 JANE LANE CARLISLE, P A 17013 ""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, 5 JANE LANE, CARLISLE, P A 17013, is scheduled to be sold at the Sheriff's Sale on DECEMBER 10, 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PAl 7013, to enforce the court judgment of $67,325.83 obtained by CITIMORTGAGE, INC. S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION (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 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. 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. Iftheamount 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 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEING Lot No. 33 on the Plan of Section 9 of Noll Manor as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 24, Page 104; thence containing 35 feet along Jane Lane, having a depth along the West along Lot No. 32 on said Plan of 125 feet, having a depth along the East along Lot No. 34 on said Plan of 125 feet and having a width in the rear along the North along Lots Nos. 28 and 27 on said Plan 85 feet. BEING improved with a dwelling house known as 5 Jane Lane, Carlisle, Pennsylvania. Tax Parcel .#29-16-1096-044 , TITLE TO SAID PREMISES IS VESTED IN Paul W. McMillin and Joyce A. McMillin, his wife by Deed from Mark A. Soderberg and Leslie 1. Soderberg, his wife, dated 1/28/1988 and recorded 4/18/1988 in Deed Book Volume 33G, Page 1198. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA CITIMORTGAGE, INC. SIBIM TO FIRST: NATIONWIDE MORTGAGE CORPORATION, Plaintiff, Docket No. 03-3064 v, PAUL W. MCMILLIN AND JOYCE A. MCMILLIN, Defendant Civil Action SUGGESTION OF BANKRUPTCY TO THE PROTHONOTARY: On August 8, 2003, the Defendants filed a petition for relief under Section 301 of Title 11 of the United States Code in the United States Bankruptcy Court, Middle District of Pennsylvania. The Defendant's petition was assigned case number 03-04661. Section 362 of Title 11 provides, in pertinent part, certain protections fro creditors including the commencement or continuation of any process of a judicia, administrative or other action or proceeding against the debtor that was or could h ve been commenced before the commencement of the case under this Title, or to rec ver a claim against the debtor that arose before the commencement of the case under th Bankruptcy Court. WHEREFORE, the Defendants respectfully request that these civil proceetingS against them be stayed without further hearing or order of tllis Court. I Respectfully Submitted, I , , !:~~ E/tf/# ? E. Ralph dfr, sqUire 1.D. No. 7705 GODFREY & COURTNEY, P.C. 2215 Forest Hills Drive Suite 36 Harrisburg, Pennsylvania 17110 Telephone: (717)-540-3900 Attorney for Defendants CERTIFICATE OF SERVICE AND NOW, this /7 ~y of ~(/ ')/ ,2003, I, E. Ralph Godfrey, Esq., of Godfrey & Courtney, P.C., attorneys for Defendants, hereby certify that I served the foregoing document his day by depositing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Frank Federman, Esquire Federman & Phelan, LLP One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 o ,:; < st;r ;-:~ I" V) e:l. ~l~:: ",", ~'C >( ::~ -< ":'.. ,') C.:: ~,(; ',n -< FEDERMAN AND PHELAN By: FRANK FEDERMAN IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHilADELPHIA, PA 19103 (?1~) ~fi::\-7000 ATTORNEY FOR PLAINTIFF Citimortgage, Inc., S/B/M to First Nationwide Mortgage Corp. : Cumberland County : Court of Common Pleas Plaintiff : CIVIL DIVISION vs. : NO. 0:3-3064cv Paul McMillian Joyce McMillian Defendant(s) PRAFCIPF Tn VACATF .J1IO~MF.NT yIIlTI..lnl IT PRF..J1IOICE TO THE PROTHONOTARY: Kindly VACATE the Judgment which was entered on 8/11/03 against Paul McMillian and Joyce McMillian, Defendants, in the amount of $67,325.83 relative to the Dated: August 26, 2003 1 D :tt 'l n 0 C) \;i C 0.) () ;';::" ~ -uif, "., :..-::1 mrc ,,- - Z:x: cO"') -, ~ " ~ ~ '.'.f'::':" ~ Zt; N .rn - ~,,-;: -.I '.\9 ~ ~ kc1 :)(~ -0 ..l.'T ~ ~ :ZO ::x )"'--d u~ ;;>0 ~5 1 --.:l c S":' ~~ ~ .:;j ~ :.> ::n ():) -< Citimortgage, Inc. slblm to First Nationwide Mortgage Corporation VS Paul W. McMillin and Joyce A. McMillin In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3064 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 S~. /.# -cv ~~,I'/~--~~~ This~dayof O~' . n 4. 4 . 03 Thomas Kline, Sheriff... 2003, A.D. ~. 0. !Jw~,~ ,'(1_. Jr. J~ BY tJCU-/ Prothonotary Real Es e Deputy IS'> t:./l.'ilqO'f 1'1((,);(" ~. '. AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF CITIMORTGAGE, INC., SIBIM TO FIRST NATIONWIDE MORTGAGE CORPORATION PJT No.03-3064CMLTERM ACCT. #881657291 DEFENDANT(S) JOYCE A. MCMILLIN JOYCE A. MCMILLIN Type of Action - Notice of SberilT's Sale SERVE AT JOYCE A. MCMILLIN Sale Date: SEPTEMBER 7, 2005 5 JANE LANE CARLISLE, fA 17013 , ( SERVED dh Served and made known to~c -l!. .h, Me J011 i 0 , Defendan~ nn the I 3 at l/S~,o'clockf-.m.,at r~f'I~ h&-tv1.-) GrL\'S Ie. of Pennsylvania, in tbe manner described below: . Defendaot personally served. I I I ~Adult fiunily member with whom Defendant(s) r..ide(s). Name and Relationship is I1U5 ~ pJ I!. /~ Adult in charge ofDefendaot(s)'s residence who refused to give name or relationship. .0 v I vJ, ,I A c M:\ \ \ IJ Manager/Clerk of place of lodging in which Defendant(s) reside(s). r"" 1"" Agent or person in charge of Defendant(s)'s office or usual place ofbusine... an officer of said Defendant(s)'s company. \ Other:__ - , It 11:,..' s,asseS") Description: Age~ Height~ Weight~ RaeelJ~ SexJ:i. Other joa~~ I, ..,,'" e~ ", Gl\. -;J~~ competent adul~ being duly SWorn according to law, depose and slate that I personally handed a true and correct copy of the . S criff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. day of ~L 200.,&- . Commonwealth Sworn to and subscribed bef2f~ti.S ~ ~ of ._,200h Not~ WM.r..... By' PLEASE ATTEM~ ;E;Vlci:1: T LE NOTARIAl. SEAl. LlJClU.E H. CARTY, = PubIc My . ,F NoY.1~ TIMES OF SERVICE A TTllMl'Tl':Il, NOT SERVED On the day of . 200~ at o'clock _.m., Defendant NOT FOUND because: Moved _ Unknown _ No Answer _ Vacant l't Attempt: 1 1 Time: 2nd Attempt: 1 1 Time: 3rd Attempt: 1 / Time: Sworn to and subscribed before me this ~ day of . 200 _' Notary: By: Attornev Cor Plaintiff Daniel G. Schmieg, Esquire - to. No. 62205 ..; <", .. " (h.) c:;. \..;':; . . . . AFFlDA VIT OF SERVICE PLAINl'IFF CITIMORTGAGE, INC., SIB/M TO FIRST NATIONWIDE MORTGAGE CORPORATION CUMBERLAND COUNTY PJT No,03-3064CIVlLTERM ACCT. #881657291 DEFENDANT(S) PAUL W. MCMILLIN PAUL W. MCMILLIN Type of Action - Notice or Sberiff's Sale SERVE AT PAUL W, MCMILLIN Sale Date: SEPTEMBER 7, 2005 5 JANE LANE CARLISLE, PA 17013 SERVED Served and made known to /)g.v) W, ~ t. ~A\ ; IJ, Derendanf on the 7 -,.- -r I C..,....\l,.'i ,,\ (Q at :.j:J. o'clock P.m., at r "'''"lilt. ~t-J ~ , "'" v '-- I T of Pennsylvania, in the manner described below: $Derendant personally served. Adull family member with whom Defendant(s) reside(s). Name and Relationship is Adull in charge of Defendant(s)'s residence who refused to give name or relalionship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. _' II Ik. t 'Ai 3\:JS:5e51 Height~ Weight2!!..!!... R.ace~sex.L:L Other 30"~'t- J"i a competent adult, being duly sworn according to law, depose and state that I personally handed otice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at 15~ daYOf~2~ , Commonwealth Other: Deser' lion: Age tS2Q I C t>(t~C'l..I... , a true and correcl copy of the the address indicated above. Sworn to and subscribed befor~r ~,,v,~ of . 200t> NOtary~ -qj L.-L B)\ PLEASE ArrE~;;;;JfE AT L NOTARIAl. SEAl. LUCIllE H. CARTY, PuIlIc 11 , F CGlI1Iy 10. 200t TIMES OF SERVICE Al'TE!I1PTED. NOT SERVED On the day of .200_, at o'clock _.m., Defendant NOT FOUND because: Moved U nknoWlt No Answer Vacant 1" Attempt: 3rd Attempt: 1 I Time: 20d Attempt: 1 1 Time: 1 1 Time: Sworn to and subscribed before me this _~ __ day of , 200 _' Notary: By: Altornev for Plaintiff Daniel G. SehmiOl:, Esquire - LD. No. 61105 ~ii ~._1 ni ::'J c--:, ,- .,._1 u-: \ J . Citimortgage Inc., slblm to First Nationwide Mortgage Corporation VS Paul W. McMillin and Joyce A. McMillin The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3064 Civil Term Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on May 12,2005 at 6:04 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendants, to wit: Paul W. McMillin and Joyce A. McMillin, by making known unto Joyce McMillin, personally and adult in charge for Paul McMillin, at 5 Jane Lane, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on July 12,2005 at 5:50 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Paul W. McMillin and Joyce A. McMillin, located at 5 Jane Lane, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Paul W. McMillin and Joyce A. McMillin, by regular mail to their last known address of 5 Jane Lane, Carlisle, P A 17013. These letters were mailed under the date of July 01, 2005 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Sandra Cooper, Legal Assistant for Attorney Daniel Schmieg. Sheriff's Costs: Docketing Poundage Posting Handbills Advertising Law Library Prothonotary Mileage Certified Mail Levy Surcharge 30.00 1,587.60 15.00 15.00 .50 1.00 7.70 5.85 15.00 30.00 Law Journal Patriot News Share of Bills Postpone Sale 263.00 248.39 18.20 20.00 $2,257.24 Sworn and subscribed to before me So Answers r~/~ R. Thomas Kline, Sheriff Thi'-'Y'd"yof ~ 2005, A.D. ~.' ;r rothon .'/ I \' - LI BY , i~~ -j/YtCU1 Real Estat Sergeant -1]-' ..,1" /\L- 1\ \, <.IV" 101 ~_\ ... " . CITlMORTGAGE, INC., S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION PAUL W. MCMILLIN JOYCE A. MCMILLIN NO. 03-3064CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) CITIMORTGAGE, INC.. SIB/M TO FIRST NATIONWIDE MORTGAGE CORPORATION, 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 .5 JANE LANE, CARLISLE, P A 17013 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PAUL W. MCMILLIN 5 JANE LANE CARLISLE, P A 17013 JOYCE A. MCMILLIN 5 JANE LANE CARLISLE, PA 17013 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) CARLISLE AREA SCHOOL DISTRICT 633 WEST PENN STREET CARLISLE. PA 17013 FIRST NATIONWIDE MORTGAGE CORPORATION 5280 CORPORATE DRIVE FREDERICK. MD 21703 " . , ,. 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) PENNSYLVANIA HOUSING FINANCE AGENCY 2101 NORTH FRONT STREET HARRISBURG. PA 17110 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) TenantlOccupant 5 JANE LANE CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 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 of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 31, 2005 DATE DANIEL G. SCHMIEG, ES Attorney for Plaintiff E , CITIMORTGAGE, INC., S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY No.03-3064CIVILTERM v. PAUL W. MCMILLIN JOYCE A. MCMILLIN Defendant(s). March 3 I, 2005 TO: PAUL W. MCMILLIN 5 JANE LANE CARLISLE, P A 17013 JOYCE A. MCMILLIN 5 JANE LANE CARLISLE, PAl 7013 "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 ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at . 5 JANE LANE. CARLISLE, P A 17013, is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $76.192.55 obtained by CITIMORTGAGE. INC" SIBIM TO FIRST NATIONWIDE MORTGAGE CORPORATION (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: I. 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 if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7 . You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 f", LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erel.:ted, situate in North Middleton Township, Cumberland Coullty, Permsylvania, bollIlded and described as follows: BEING Lot No. 33 011 the Plan of Section 9 of Noll Manor as recorded in the Office of the Recorder of Deeds for Cumberllllld County in Plall Book 24, Page 104; thence containing 35 feet along Jane Lane, having a depth along the West along LOl No. 32 on said Plan of 125 feet. having a depth along the Easr along Lot No. 34 on said Plan of 125 feet and having a width in the rear along rhe North along Lom Nos. 18 and 27 on said Plan 85 feet. TrfLE TO SAID PREMISES IS VESTED IN Paul W. McMillin and Joyce A. McMillin, bis wife hy Deed from Mark A. Soderberg and Leslie I. Soderberg, his wife, dated 1118/1988 and recorded 41l8f1988 in Deed Book Volume 33G, Page 1198. TAX PARCEL # 29-16-1096-044 PREMISES BEING: 5 JANE LANE, CARLISLE, P A 17013 '. WRIT OF EXECUTIOI" ,ndlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-3064 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., SIBIM TO FIRST NATIONWIDE MORTGAGE CORPORATION, Plaintiff (s) From PAUL W. MCMILLIN AND JOYCE A. MCMILLIN (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 $76,192.55 L.L. $.50 Interest FROM 3/31/05 TO 9/7/05 (PER DIEM - $12.52) - $2,003.20 AND COSTS Atty's Comm % Atty Paid $233.98 Plaintiff Paid Date: APRIL 4, 2005 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Protho:t /1, '-.],3y: /(O/'J. e. (!. ~0'/2;-7" 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 # 15 On May 04, 2005 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, P A Known and numbered as 5 Jane Lane, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 04, 2005 "~ By:JO · . Real Es e Deputy 8 S :Z V q - lid'J SOUl <,'".L; tl~ '....\; i!,;,;";".. j.::lI(Ej~.:S .:J LL :.;0 3~jl.J_:;C ~ ~ ~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA 55. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, V1Z: July 15, 22, 29, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r- SWO TO AND SUBSCRIBED before me this 29 day of July. 2005 NOTARIAL EAL LOIS E. SNYDER, Notary Public CarHsle Boro, Cumberland Cuunt, My Commission Expires Mar~h 5. 2009 REAL ESTATE SALE NO. 15 Writ No. 2003-3064 Civil Citimortgage Inc., s/b/m to First Nationwide Mortgage Corporation VS. Paul W. McMillin and Joyce A. McMillin Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erect- ed, situate in North Middleton Town- ship. Cumberland County, Pennsyl- vania, bounded and described as follows: BEING Lot No. 33 on the Plan of Section 9 of Noll Manor as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 24, Page 104; thence containing 35 feet along Jane Lane, having a depth along the West along Lot No. 32 on said Plan of 125 feet, having a depth along the East along Lot No. 34 on said Plan of 125 feet and having a width in the rear along the North along Lots Nos. 28 and 27 on said Plan 85 feet. TITLE TO SAID PREMISES IS VESTED IN Paul W. McMillin and Joyce A. McMillin. his wife by Deed from Mark A. Soderberg and Leslie J. Soderberg, his wife, dated 1/28/ 1988 and recorded 4/ 18/ 1988 in Deed Book Volume 33G, Page 1198. TAX PARCEL #29-16-1096-044. PREMISES BEING: 5 JANE LANE. CARLISLE. PA ]7013. .~ ..... . 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 Joseph A, Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 19th and 26th day(s) of July and the 2nd day(s) of August 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. COPY SALE#15 Sworn to and subs NOTA Y PUBLIC My commission expires June 6, 2006 PUBLICATION \ , . CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE 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 248.39 REAL ESTATE SALE No. 15 Writ No. 2003 3OlI4 ClvIlTenn CllImortgage Inc., 8IbIm to Firat N8lIonwIde Mortgage CorponIIIon '" Paul W. McMUlln 8nd Joy~A."cMlllln 'AlIy: ~I Schmieg D~RIPTION '. AIL mAT CERTAIN Iract of land with the iInprlNementsthr'.ljlDereded, situate in North Middleton TowDsliip, Cumberland County, Pennsylvaoia, bounded and described as follows: BEING Lot No. II on the Plan of Section 9 of NoU Manor as recorded in the Office of the ReqmJer of Deeds for Cumberland County in Plan Book 24. Page 104; thence containing l5 feet along Jane Lane, having a depth along the West along Lot No. 32 on said Plan of 125 feet, having a dqlth along the East along Lot No. 34 on said Plan of 125 feet and having a width in the rear along the NonIt along l.<Jts Nos. 28 and 27 on said Plan 85 feet. TIlLE TO SAID PREMISES is vested in Paul W. McMillin- and Joy~ A McMillin, his wife, by Deed from Mark A. Soderberg and Leslie 1. SOOerbezg. his wife. _112811988 and ro:onIed 4/1811988 in Deed Book Volume 330, Page 1198. rAXPARCELf9-I6-lll9IH>>4. PREMISES bemg: 5 Jane Lane, Carlisle, PA 17011