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HomeMy WebLinkAbout07-4138PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 158059 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. JOHN F. PIERCE 321 CASCADE ROAD MECHANICSBURG, PA 17055 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 6q- 11,38 0-,Ivt (TrM CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 158059 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 158059 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 158059 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 158059 1. Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: JOHN F. PIERCE 321 CASCADE ROAD MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/18/2003 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS A NOMINEE FOR COUNTRYWIDE HOME LOANS, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1849, Page: 4634. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2007 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 #: 158059 6 The following amounts are due on the mortgage: Principal Balance $114,359.41 Interest $3,152.52 02/01/2007 through 07/12/2007 (Per Diem $19.46) Attorney's Fees $1,300.00 Cumulative Late Charges $153.64 12/18/2003 to 07/12/2007 Cost of Suit and Title Search 750.00 Subtotal $119,715.57 Escrow Credit ($643.64) Deficit $0.00 Subtotal $6( 43.64) TOTAL $119,071.93 7 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 158059 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $119,071.93, together with interest from 07/12/2007 at the rate of $19.46 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMI , LP By: /s/ rancis S. Hallin LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 158059 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Upper Allen, County of Cumberland. and State of Pennsylvania, more particularly bounded and described in accordance with survey of D.P. Raffensperger, Registered Surveyor, dated November 21, as follows, to wit: BEGINNING at a point on the Eastern line of Cascade Road, which point is one hundred eighty-five (} 85) feet North of Nittany Drive and which point is at the line dividing Lots Nos. 40 and 41 on the hereinafter mentioned Plan of Lots; thence along the Easte 80 feet . of Cascade Road North seven (7)-degrees twenty-three (23) minutes West eighty ( ) to a point on the line dividing Lots Nos. 39 and 40 on"said Plan; thence along the same North eighty-two-(82) degrees thirty-seven (37) minutes East one hundred thirty-eight (138) feet to a point; thence South seven (7) degrees twenty-three (23) minutes East eighty (80) feet to the line dividing Lots Nos. 40 and 41; thence along the same South eight-two (82) degrees thirty-seven (37) minutes West one hundred thirty-eight (138) feet to the point of BEGINNING. BF31NG Lot No_ 40, Plan of Section C, Mt. Allen Heights, said Plan being recorded in the Office of"the Recorder of Deeds in and for Cumberland County, Plan Book 11, Page 58. HAVING THEREON ERECTED a one story brick and aluminum siding dwelling known as 321 Cascade Road. BEING THE SAME PREWSES WHICH Carole M. s?y of theiRperson, by deed eeds in dated July 20, 1999 and recorded July 29, 1999 in the unto and for Cumberland County in Deed-Book 204, Page 852, grant th and conveyed Janet O'Brien, Grantor herein. PARCEL NO: 42-28-2423-009. PROPERTY BEING: 321 CASCADE ROAD File #: 158059 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. Francis S. Haliinan, Esquire Attorney for Plaintiff ?1DATE: 2 Dy N ?^ T } CA O SHERIFF'S RETURN - REGULAR CASE NO: 2007-04138 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS PIERCE JOHN F MEGAN MARLOW Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE PIERCE JOHN F was served upon the DEFENDANT , at 1119:00 HOURS, on the 18th day of July 2007 at 321 CASCADE ROAD MECHANICSBURG, PA 17055 CHRISTINA PIERCE, NEICE by handing to ADULT IN CHARGE 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 18.00 Service 10.56 Affidavit .00 Surcharge 10.00 .00 38.56 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 07/19/2007 PHELAN HALLINAN SCHMIEG By. 1'• 0 Sheri f f? Deputy? t}-v? A.D. C, 'PHELAN HALLINAN & SCHMIEG, L.L.P By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. JOHN F. PIERCE 321 CASCADE ROAD MECHANICSBURG, PA 17055 Defendant(s). CIVIL DIVISION NO. 07-4138 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JOHN F. PIERCE , 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 7/13/07 to 3/25/08 TOTAL $119,071.93 $5,001.22 $124,073.15 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff ~ DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PAOTHY--??-7 158059 PHELAN HALLINAN & SCHMIEG, LLP " By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563_7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff Vs. JOHN F. PIERCE Defendants TO: JOHN F. PIERCE 321 CASCADE ROAD MECHANICSBURG, PA 17055 DATE OF NOTICE: MARCH 14, 2008 : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY :NO. 074138 CIVIL TERM THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION ?ao 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 ?? btdj - Brittany Boye egal Assistant 'PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC 7105 CORPORATE DRIVE Plaintiff, V. JOHN F. PIERCE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-4138 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JOHN F. PIERCE is over 18 years of age and resides at, 321 CASCADE ROAD, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. r DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff OL v ? w>• mow . ? - . ? i (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE Plaintiff, V. JOHN F. PIERCE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-4138 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 R . By: adZ? 4i7ef If you have any questions concerning this matter, please contact: DANIEL G. SC MIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." C-D 4 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. JOHN F. PIERCE No. 07-4138 CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $124,073.15 Interest from 3/26/08 TO 9/9/08 (per diem -$20.40) Add'1 Costs TOTAL $3,304.80 and Costs $1,458.50 $128,836.45 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Stati n 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. 158059 1-61 d ?To 0-.4 O? U d> z 0-4 a a? z z oW o ?a O H ? Uz O x ?z o? a F W F? O z? U foo- ? Su O O 6 F° 0 U w a w x 0 O v W ? W o? F ? w O Fr w? a 0* W a J i 0 D 1 -b w a fo- O d c D tn 0 r r, d a C7 a as V W a w d U N M b b o 00 a 3 C? 0 PAELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC. Plaintiff, CUMBERLAND COUNTY V. COURT OF COMMON PLEAS JOHN F. PIERCE CIVIL DIVISION Defendant(s). NO. 07-4138 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: in (x) an FHA mortgage ( ) non-owner occupied ( ) vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 r falsification to authorities. elating to unsworn 1 e8 ? / " jd_-11cs G. SCHMIEG, ESQUIRE r Plain tiff Co - COUNTRYWIDE HOME LOANS, INC. Plaintiff, CUMBERLAND COUNTY V. COURT OF COMMON PLEAS JOHN F. PIERCE ' • CIVIL DIVISION Defendant(s). NO. 07-4138 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS INC., Plaintiff in the above action, by its attorney, DANIEL G SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed th following information concerning the real property located at 321 CASCADE ROAD e MECHANICSBURG PA 17055. ' 1. Name and address of Owner(s) or reputed Owner(s): Name JOHN F. PIERCE Last Known Address (if address cannot be reasonably ascertained, please indicate) 321 CASCADE ROAD 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 o property to be sold: on the real Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) K 5.`Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be N reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the interest may be affected by the sale. Property and whose Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowled the property which may be affected by the sale: ge who has any interest in Name Tenant/occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Last Known Address (if address cannot be reasonably ascertained, please indicate) 321 CASCADE ROAD MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the knowledge or information and belief. I understand that false statements her em are best made of m subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Y personal March 26 2008 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff ?t,ta S".a co .{ f 16 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. JOHN F. PIERCE Defendant(s). CUMBERLAND COUNTY No. 07-4138 CIVIL TERM March 26, 2008 TO: JOHN F. PIERCE 321 CASCADE ROAD 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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY. * * Your house (real estate) at, 321 CASCADE ROAD, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 3, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $124,073.15 obtained by COUNTRYWIDE HOME LOANS INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. , 46 You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 4 LEGAL DESCRIPTIpN ALL THAT CERTAIN ph= or patth #jmo tip' dcacmibed in P -7 Nm=bcr 21, " of fbWws, to wit: P. R Y,, Is Oft : ' P which Pdnt Is a the &e dividing Lots to a Pont' 00 ft 11W divift (23) jWnuft West -?tY ?+ ,het yJ and 40 cm - iyn. them* a1mg the saft P ? ? vft (? t Btst Imes hdhd tijjtty.0gU twm1)A.dhft (23) mintftx Bag igbt-? to to ft vd'at LOM X08. 40 41 "S d1j. ) dpgt A tl , dance to the poi-At R?aql?; ?wq (37 West ,?? Office Of ft BMG Lot i? C' 40 PI'm Of SeMcm C. Mt C?r+?f? and for ? ? said, Ong ?1 ?atYtocr?c lit S8. rng dwefling bxm, RECORD OWNER Vested by Deed, dated 12/09/2003 M. O'Brien, also known as Janet O'B, give r en and Janet Hershey Trust Com and recorded 12/30/2006 as Margaret O'Brien to Jo Book 261 Page 172 Instrument M pay' Executor of the Estate of Janet ment # 2003-06968 F. Pierce, a married man Property Address: 321 CASCADE ROAD MECHANICSBURG, PA 17055 PARCEL NUMBER: 42-28-2423-009 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-4138 Civil TO THE SHERIFF OF CUMBERLAND CIVIL ACTION - LAW To satisfy the debt, interest and ostss COUNTY: From JOHN F. PIERCE due FIDE HOME LOANS, INC., Plaintiff (s) (1) You are directed to levy upon the property of the defendant (s)and to sell SEE DESCRIPTION. LEGAL (2) You are also directed to attach the property of the defendant(s) not levied upon i of in the possession GARNISHEE(S) as follows: and to notify the garnishee(s) that. (a) an attachment has been issued; O b the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering an rope (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found property of the defendant of anyone other than a named garnishee, you are directed to notify him/her that he/she garnishee and is enjoined as above stated. in the Possession has been added as a Amount Due $124,073.15 Interest from 3/26/08 to 9/09/08 L•L.$ 0.50 Att(per diem - $20.40) -- $3,304.80 and Costs % y'S Comm Due Prothy $2.00 Atty Paid $ 157.56 Plaintiff Paid Date: 3/28/08 (Seal) REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103-1814 , SUITE 1400 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Other Costs $1,458.50 ProthonotaryBy: Deputy AFFIDAVIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, INC. DEFENDANT(S) JOHN F. PIERCE SERVE JOHN F. PIERCE AT 321 CASCADE ROAD MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 07-4138 CIVIL TERM ACCT. #158059 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 3, 2008 SERVED Served and made known to , Defendant, on the day of 200 j, at 3,'3(,, , o'clockt.m., at 32-( C4-;CA'b:_ of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is L Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age ' 35_ Height S-F Weight /'Fd Race L-"f Sex Commonwealth iff- Other I, J to "24- f , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to ands abed bef e e thi of , 200 Notary: I By: PLErYSE ATTEMPTS RVI CE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. COMN40NWE'ALTk4'0 {?{NSYI.v/I 1? NOT SERVED ?--- :? On the rQ d,1?t1?t PUbli¢00 at o'clock _.m., Defendant NOT FOUND because: Citjr of pt', bI.Gounly 010 Moi ecMy Commis dentfiWft Vacant 1St Attempt: Time: 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of , 200_. One Penn Center at Subd0ban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 3 ? a51 r- a ? ?? ?° ?- ? 7 t ? .? ?. -_;? ?. .., "? w n_ ti ' ..? c4-? i`w3 '.' j !` '?' .: C ?"j .71 Z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COUNTRYWIDE HOME LOANS, INC. Plaintiff V. JOHN F. PIERCE Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-4138 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY 1 SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 321 CASCADE ROAD, MF.CHANIC:SRi1RG,PA 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. __ z ? ? J, ?'- - r DANIEL G. SCHMIEG, ESQ RE Attorney for Plaintiff Date: July 24, 2008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he sold in the ahsenre of a representative of the plaintiff at the Sheriffs Sal The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 158059 Q 'a a O o o v F .0Q a a c7 44 U V3 z? Q a glo 2 -DO o °.2° 44 6.4 Uw•? a? O `D a A 0 zdo £0 66 l $ Qcio CIIZ 0 608 6Zb000 9 W6 ZO Z SO ' _? io . 88 A QE?;t ? ? oo Eli Aa C/2 to -- > f? H M Q o $ a rTj U C1p ^? P•1 •,, C O W ? N H W o 8 W "' .°gg a d -d ' W a . m U bA e a r U ? ¢ U ? a? > A a?i G4 c`d ? W a° w o O wa M N ?p ¢ Cn Cl = o ? 3 a w W > 0 00 1:t g? 00 CL. 0 o ° z o ?.0 w a z O A O U o. Una ;? ?a 0O Aa H I- 0 Z d g v ? •-- N M V v1 ?O t? 00 O? ? .? ? ? ? ? ?y ? ? t'-== fTj T kT' C ` Countrywide Home Loans, Inc. In the Court of Common Pleas of VS Cumberland County, Pennsylvania John F. Pierce Writ No. 2007-4138 Civil Term Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on June 04, 2008 at 2116 hours, he served a true copy of the within Real Estate Writ, Notice and Description, the above entitled action, upon the within named defendant, to wit: John Pierce, by making known unto John Pierce personally, at 5332 Oxford Court, Apt. 102, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copies of the same. Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on July 11, 2008 at 1923 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of John F. Pierce located at 321 Cascade Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: John F. Pierce by regular mail to his last known address of 5332 Oxford Court, Apt. 102, Mechanicsburg, PA 17055. This letter was mailed under the date of July 2, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 248.72 Posting Handbills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 20.00 Levy 15.00 Surcharge 20.00 Law Journal 395.00 Patriot News 371.30 Share of Bills 17.64 $1150.16 So Answers: R. Thomas Kline, Shenff r r `` BY `'.1_G Real Estate Sergeant v/ q11 CIO 8 co h r COUNTRYWIDE HOME LOANS, INC. . Plaintiff, . V. JOHN F. PIERCE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Defendant(s). NO. 07-4138 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) COUNTRYWIDE HOME LOANS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .321 CASCADE ROAD, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOHN F. PIERCE 321 CASCADE ROAD 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: 8 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) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 321 CASCADE ROAD MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building 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 unworn falsification to authorities. March 26, 2008 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. JOHN F. PIERCE Defendant(s). CUMBERLAND COUNTY No. 07-4138 CIVIL TERM March 26, 2008 TO: JOHN F. PIERCE 321 CASCADE ROAD 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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" Your house (real estate) at, 321 CASCADE ROAD, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 3, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $124,073.15 obtained by COUNTRYWIDE HOME LOANS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION AM THAT (MRTA 0= or pal of land zitt)in the TownWp of llppee Alley, Co" of *c d and Stet of Pen rlva a, m= l culdescibed in ordaw with survey of DY. Ri ffempnerit Rem Sn yor, dd6d November 21, = fbUows, -to wit: EOM at alit can the EasWn line of Ca =& Rod, which point is one hmdmd eighty-five QS fftt Ncnh of ttauy Drive std which ;point is at the line dividing Lots Nos. 40 and 41 an wafter mend Plan of Lots; 60= 31089 the BUIAM A= of Chsca d lath wvm deV= testy time (23) n - nuen 'west ejEbty (80) feet to a point the bw d t Loft No& 39 and 40 on d Ptnt theta AMg the smc No c ghtyr two (p de a ditvy-s' m 7) ninuu* Bt one h d t d*ty-d& (138) feet to a pant; the South sem ') degrees t ?t duu M) winuW E e&y (80) fw to the &o cIvid g Lots Nos. 40 and 41; them a g the sum South et-two (82) cbgm= d&ty-wvvn (37) ftu= Wea ow huadmd ty-ei t (138) fed to the point of B GUSINMO. $MG Lot No. 40, P1= of Sec don C, Wit. Allen Hei$hts, sid Plan being recce in the Officetof the Rewrft ofDoc& in and for Cymbcdand Camty, Man book 11. Page 58, HAVING TEME0N ? a o story b6ck and min siding dwelling bows as 321 Cases& Road.. RECORD OWNER Vested by Deed, dated 12/09/2003, given by Hershey Trust Company, Executor of the Estate of Janet M. O'Brien, also known as Janet O'Brien and Janet Margaret O'Brien to John F. Pierce, a married man and recorded 12/30/2006 in Book 261 Page 172 Instrument # 2003-069685. Property Address: 321 CASCADE ROAD, MECHANICSBURG, PA 17055 PARCEL NUMBER: 42-28-2423-009 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-4138 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From JOHN F. PIERCE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $124,073.15 L.L.$ 0.50 Interest from 3/26/08 to 9/09/08 (per diem - $20.40) -- $3,304.80 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $ 157.56 Other Costs $1,458.50 Plaintiff Paid Date: 3/28/08 Prothonotary (Seal) By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHIEG, LLP 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 Deputy Real Estate Sale # 30 On May 13, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 321 Cascade Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 13, 2008 By: Real Estaf Sergeant W V' p ?y7 py?? ?9 tl r+ 'Y 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 of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 18, July 25, and August 1, 2008 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. Marie Coyne, SVA)RN TO AND SUBSCRIBED before me this 1 day of August, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS CARLISLE BORO f CUMBERLAND COUNTY My COMmisslon Expires Apr 28, 2010 REAL ESTATE SALE NO. 30 Writ No. 2007-4138 Civil Countywide Home Loans, Inc. VS. John F. Pierce Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in the Township of Upper Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described in accordance with survey of D.P. Raffensperger, Registered Surveyor, dated November 21, as follows, to wit: BEGINNING at a point on the Eastern line of Cascade Road which point is one hundred eighty-five (185) feet North of Nittany Drive and which point is at the line dividing Lots Nos. 40 and 41 on the hereinafter men- tioned Plan of Lots; thence along the Eastern line of Cascade Road North seven (7) degrees twenty-three (23) minutes West eighty (80) feet to a point on the line dividing Lots Nos. 39 and 40 on said Plan; thence along the same North eighty-two (82) degrees thirty-seven (37) minutes East one hundred thirty-eight (138) feet to a point; thence South seven (7) degrees twenty-three (23) minutes East eighty (80) feet to the line dividing Lots Nos. 40 and 41; thence along the same South eight-two (82) "degrees thirty- seven (37) minutes West one hundred thirty-eight (138) feet to the point of BEGINNING. BEING Lot No. 40, Plan of Section C, Mt. Allen Heights, said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Plan Book 11, Page 58. HAVING THEREON ERECTED a one story brick and aluminum sid- ing dwelling known as 321 Cascade Road. RECORD OWNER Vested by Deed, dated 12/09/ 2003, given by Hershey Trust Com- pany, Executor of the Estate of Janet M. O'Brien, also known as Janet O'Brien and Janet Margaret O'Brien to John F. Pierce, a married man and recorded 12/30/2006 in Book 261 Page 172 Instrument # 2003- 069685. Properly Address: 321 CASCADE ROAD, MECHANICSBURG, PA 17055. PARCEL NUMBER: 42-28-2423- 009. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE t4ePahiotAvXtws Now you know CARLISLE PA 17013 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 Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the 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 date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/23/08 07/30/08 08/06/08 Sworn to and subscribe fore me!this 0 "f,August, 2008 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Sad Sherrie L Kew, Notary Pubk City Of Hwrisbury; Dauphin Coufrty My Conmftbn En*ft Nov. 26, 2011 Member, Pennsytvania Assodation of Notaries Real Estate Sale No. 30 Writ No. 2007-4138 Civil Term Countrywide Home Loans, Inc. VS John F. Pierce Attorney: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Upper Allen, County of Cumberland and State of Pennsylvania, more particularly bounded - and described in accordance with survey of DP. Raffensperger, Registered Surveyor dated November 21, as follows, to wit: BEGINNING at a point on the Eastern line of Cascade Road, which point is one hundred eighty-five (185) feet North of Nittany Drive and which point is at the line dividing Lots Nos. 40 and 41 on the hereinafter mentioned Plan of Lots; thence along the Eastern line of Cascade Road North seven (7) degrees twenty-three (23) minutes West eighty (80) feet to a point on the lice dividing Lots Nos. 39 and 40 on said Plan; thence along the same North eighty-two (82) degrees thirty-seven (37) minutes East one haelted M140 (138) fm to a po* Ueu Soa16 wvm (7) degrees hmnly4lwe (23) minMes East eigfity (80) fat to Se line dividmg, Lots Nos. 40 soil 41; thence along the same South eight-two (82) degrees thirty-seven (37) minutes West one hundred thirty-eight (138) feet to the point of BEGINNING. BEING Lot No. 40, Plan of Section C, Mt. AllenHeights, said Pin being recorded in the Office of the Recorder of Deeds in and for Cumber]andCounty, Plan Book 11; Page 58. HAVING THEREON ERECTED a one story brick and aluminum siding dwelling known as 321 Cascade Road. RECORD OWNER Vested by Deed, dated 12ro9/2003, given by Hershey Trust Company, Executor of the Estate of Janet M. O'Brien, also known as Janet O'Brien and Janet Margaret O'Brien to John F Pierce, a married man and recorded 12130/2006 in Book 261 Page 172 Instrument # 2003- 069685. Property Address: 321 CASCADE 'ROAD, MECHANICSBURG, PA17055 PARCEL NUMBER: 42-28-2423-009 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 COUNTRYWIDE HOME LOANS, Court of Common Pleas INC. Plaintiff Civil Division vs CUMBERLAND County JOHN F. PIERCE No. 074138 CIVIL TERM Defendant PRAECIPE TO THE PROTHONOTARY: Please vacate the judgment(s) entered without prejudice. j Date: April 16, 2010 PHS# 158059 the action discontinued and ended AN awrence T. helan, Esq., Id. No. 3222 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith : Romano, Esq., Id. No. 58745 n Shee R. Shah-Jani, Esq., Id. No. 81760 J ne R. Davey, Esq., Id. No. 87077 ?' aauren R. Tabas Es q., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 2023r31 Vic, Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 a Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff Q Q o c? ?f.'46P'L ,#y cie-t?!S-S"Y7 Alh?- 416 ?y?o