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HomeMy WebLinkAbout07-7468PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 166498 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. MARTIN E. BAILEY MELANIE R. BAILEY 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1628 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Q'7-'7#&8 Civil terwi CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 166498 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 #: 166498 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 #: 166498 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 #: 166498 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: MARTIN E. BAILEY MELANIE R. BAILEY 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1628 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/31/1996 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to SIGNET MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1336, Page: 195. By Assignment of Mortgage recorded 10/10/1996 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 532, Page 175. 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 07/01/2007 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 #: 166498 6. The following amounts are due on the mortgage: Principal Balance $53,692.24 Interest $1,994.04 06/01/2007 through 12/08/2007 (Per Diem $10.44) Attorney's Fees $1,250.00 Cumulative Late Charges $125.85 07/31/1996 to 12/08/2007 Cost of Suit and Title Search 550.00 Subtotal $57,612.13 Escrow Credit $0.00 Deficit $1,011.30 Subtotal $1,011.30 TOTAL $58,623.43 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) hasihave 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 #: 166498 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 $58,623.43, together with interest from 12/08/2007 at the rate of $10.44 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 & SCHMIEG, LLP By: ALA -i Jq? - F IS S. HALLINAN SQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 166498 LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF GROUND SITUATE IN THE TOWNSHIP OF HIDDLESAX, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, WITH THE IMPROVEMENT OF ERECTED THEREON, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A STONE IN THE MIDDLE OF THE PUBLIC ROAD LEADING FROM THE TURNPIKE TO CARILSLE SPRINGS ROAD; THENCE BY SAIROAD NORTH 27 DEGREES WEST 77 EAST TO A STONE IN THE MIDDLE OF SAID PUBLIC ROAD THENCE BY NOW OR FORMERLY OF W. F. GLADFSLTER. NORTH 74 DEGREES EAST 176 EAST TO A POST; THENCE SOUTH 37 DEGREES EAST 61 FEET TO A 12-FOOT ALLEY; THENCE BY SAID ALLEY SOUTH 68 DEGREES WEST 174 FOOT TO THE PLANS OF BEGINNING. 35 NORTH MIDDLESEX ROAD, CARLISLE, PA 17013-1628 PARCEL NUMBER 21-17-2696-036 File #: 166498 VERIFICATION I hereby state that I am the 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 I am 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 my 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 unsworn falsifications to authorities. DATE: V7" V C"a r'a a C-3 -TI `rte: -7I SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-07468 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS BAILEY MARTIN E R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BAILEY MARTIN E but was unable to locate Him in his bailiwick. He therefore returns the ('nMnT_A TTTT _ TAnUM L'n= the within named DEFENDANT , BAILEY MARTIN E NOT FOUND , as to 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1628 PER NEIGHBOR, DEFENDANT MOVED OUT. Sheriff's Costs: Docketing 18.00 Service 4.80 Not Found 5.00 Surcharge 10.00 00 37.'80 So answers: R. Tho Kline Sheriff of Cu erland County PHELAN HALLINAN SCHMIEG 01/11/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-07468 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS BAILEY MARTIN E R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BAILEY MELANIE but was unable to locate Her in his bailiwick. He therefore returns the r(IMLJT.A TTTT _ MODT V(IDV NOT FOUND , as to the within named DEFENDANT , BAILEY MELANIE 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1628 PER NEIGHBOR, DEFENDANT MOVED OUT. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 00 1/1,1107 21.00 Sworn and Subscribed to before me this day of So answers-;, R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 01/11/2008 A. D. YI PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC COURT OF COMMON PLEAS CIVIL DIVISION V. CUMBERLAND COUNTY NO. 07-7468-CIVIL MARTIN E. BAILEY MELANIE R. BAILEY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Dated: "-/1 //) r File #: 166498 LOAN # 4339149 Phelan Hallinan and Schmieg, LLP i By: Francis S. Hallinan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire 1 r' PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 215 563-7000 COUNTRYWIDE HOME LOANS, INC. COURT OF COMMON PLEAS CIVIL DIVISION V. CUMBERLAND COUNTY NO. 07-7468-CIVIL TERM MARTIN E. BAILEY MELANIE R. BAILEY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Praecipe to Substitute Verification was sent via first class mail to the following on the date listed below: MARTIN E. BAILEY MELANIE R. BAILEY 35 NORTH MIDDLESEX ROAD CARLISLE, PA 7013-1628 FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL S. SCHMIEG, ESQUIRE Dated. Attorney for Plaintiff VERIFICATION VICE PRESIDENT ELY FWFILISS hereby states that he/she is of COUNTRYWIDE HOME LOANS, INC., servicing agent for Plaintiff in this matter, that he/she 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/her 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.. I2 - I S-Cr'4 - & AAJ-1 Name: YHARLESS, VICE PRESIDENT Title: Company: COUNTRYWIDE HOME LOANS, INC. Loan: 4339149 File #: 166498 a m CX7 0 z Cn -C Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff VS. MARTIN E. BAILEY MELANIE R. BAILEY Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY : No. 07-7468-CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: April 15, 2008 P LAN HALLINAN SC IEG, LLP By: ?--=- S ' - FRANCIS S. HAL INAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /jmr, Svc Dept. File# 166498 n ? ? N -1 od 7 - may, -?: 0 6 fuw Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Attorney for Plaintiff Philadelphia, PA 19103-1814 (215) 563-7000 jason.riccokfedphe.com Countrywide Home Loans, Inc. vs. Martin E. Bailey Melanie R. Bailey Court of Common Pleas Civil Division Cumberland County No. 07-7468 CIVIL TERM MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Complaint and all future pleadings upon the above-captioned Defendants, Martin E. Bailey and Melanie R. Bailey, by first class mail and certified mail to the Defendants' mortgaged premises, 35 North Middlesex Road, Carlisle, PA 17013-1628, posting of the mortgaged premises, 35 North Middlesex Road, Carlisle, PA 17013-1628, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendants, Martin E. Bailey and Melanie R. Bailey, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendants at the mortgaged premises, 35 North Middlesex Road, Carlisle, PA 17013-1628. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", per the current tenant, the Defendants moved and left no forwarding address. 2. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendants. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3 3. Plaintiff contacted the Prothontary's Office and as of April 15, 2008, no Judge has previously entered a ruling in this case. 4. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendants on and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendants. A true and correct copy of Plaintiff's letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 5. Plaintiff has reviewed its internal records and has not been contacted by the Defendants as of April 15, 2008 to bring loan current. 6. Plaintiff submits that it has made a good faith effort to locate the Defendants, Martin E. Bailey and Melanie R. Bailey, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the premises and by publication. Respectfully submitted, Phelan Hallinan & Schmieg, LLP aniel G. c ieg, Esquire Attorneys for Plaintiff April 15, 2008 4 Phelan Hallinan &• Schmieg LLP By: Daniel.G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 j ason. ric co nfedphe. com Attorney for Plaintiff Countrywide Home Loans, Inc. VS. Martin E. Bailey Melanie R. Bailey Court of Common Pleas Civil Division Cumberland County No. 07-7468 CIVIL TERM MEMORANDUM OF LAW Pa. R.C.P. 430 specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendants and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving anew forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registraion records, local tax records, and motor vehicle records. 5 (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Sheriffs Return of Service, marked hereto as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendants has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully submitted, Phelan Hallinan & Schmieg, LLP By: _ Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: April 15, 2008 6 SHERIFF'S RETURN - NOT FOUND CASE PTO: 2007-07468 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS BAILEY MARTIN E R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BAILEY MARTIN E but was unable to locate Him in his bailiwick.' He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT , BAILEY MARTIN E 35 NORTH MIDDLESEX ROAD NOT FOUND , as to CARLISLE, PA 17013-1628 PER NEIGHBOR, DEFENDANT MOVED OUT. Sheriff's Costs: Docketing Service Not Found Surcharge So answers• 18.00 4.80 5.00 R. Tho Kline 10.00 Sheriff of Cu erland County .00 37.80 PHELAN HALLINAN SCHMIEG 01/11/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-07468 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS BAILEY MARTIN E R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BAILEY MELANIE but was unable to-locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , BAILEY MELANIE NOT FOUND , as to 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1628 PER NEIGHBOR, DEFENDANT MOVED OUT. Sheriff's Costs: Docketing Service Not Found Surcharge So answer • ---, 6.00 .00 5.00 R. Thom 6s Kline 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 01/11/2008 Sworn and Subscribed to before me this day of A. D. Dec,27, 2 0 0 7 9:23AM Cumberland Co. Sheriff No. 9566 P. 2/3 pa?ti? a? ?Cu>??ert? ?vd Jchl R. THOMAS KLINE RONNY R. ANDERSON sheriff Chief Deputy EDWARD L SCHORPP JODY S. SMITH Solicitor OFFICE OF THE SHERIFF Real Estate Deputy One Courthouse Square Carlisle, Pennsylvania 17013 To: Pos cr Agency Control, No. .1-71- 2 ! Date: ? Address Information Request Please furnish this agency with the new address, if available, for the following individual or verify whether the address given below is one at which trail for this individual is currently being delivered. If the following address is a post office box, please furnish the street address as recorded on the box holder's application form. Name: 41,,? 62 f G•?( - f? Last Kawwn Address: N etil?? r Ail J X I certify the address information for this individual is required for the performance of this agency's official duties. {Signature f A cy Official) (Tide) For Post Office Use Only ( ) Mail is delivered to address given. ( ) Not Known at Address Given Moved, Left No Forwarding Address () No Such Address () Other (Specify) Agency Return Address New Address Box holders' Street Address PostmarklDate Stamp Please fax results to the Cumberland County Sheriff's Office. Number (717) 240-6397 Address Informatlon Request (Required format) Exhibit 352.44b fr e??y_ FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 166498 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Martin E. Bailey & Melanie R. Bailey Property Address: 35 North Middlesex Road, Carlisle, PA 17013 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Martin E. Bailey - xxx-xx-9638 Melanie R. Bailey - xxx-xx-8855 B. EMPLOYMENT SEARCH Martin E. Bailey & Melanie R. Bailey - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Martin E. Bailey & Melanie R. Bailey reside(s) at: 35 North Middlesex Road, Carlisle, PA 17013. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which indicated that Martin E. Bailey & Melanie R. Bailey reside(s) at: 35 North Middlesex Road, Carlisle, PA 17013. On 02-13-08 our office made a telephone call to the subjects' phone number (717) 249-7505 and received the following information: disconnected. B. On 02-13-08 our office made a telephone call to the phone number (717) 249-8696 and received the following information: wrong number. On 02-13-08 our office made several telephone calls to the phone number (717) 991-6781 and received the following information: no answer. On 02-13-08 our office made several telephone calls to the phone number (717) 645-1173 and received the following information: no answer. III. INQUIRY OF NEIGHBORS On 02-13-08 our office made several phone calls in an attempt to contact Jeff Swartz (717) 249- 3299,10 North Middlesex Road, Carlisle, PA 17013: answering machine. On 02-13-08 our office made several phone calls in an attempt to contact Richard L. Murtorff & Kay M. Murtorff (717) 243-5085,25 North Middlesex Road, Carlisle, PA 17013: answering machine. On 02-13-08 our office made several phone calls in an attempt to contact Ronald E. Miller & Betty H. Miller (717) 243-8111, 30 North Middlesex Road, Carlisle, PA 17013: no answer. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 02-13-08 we reviewed the National Address database and found the following information: Martin E. Bailey & Melanie R. Bailey - 35 North Middlesex Road, Carlisle, PA 17013. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Martin E. Bailey & Melanie R. Bailey. VI. OTHER INQUIRIES A. DEATH RECORDS As of 02-13-08 Vital Records and all public databases have no death record on file for Martin E. Bailey & Melanie R. Bailey. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Martin E. Bailey & Melanie R. Bailey residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Martin E. Bailey -10-01-1973 Melanie R. Bailey - 06-05-1973 B. A.K.A. Mark Bailey Melanie R. Drake * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the p allies of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authori J - MMONW eLsPH OF PENN9YL A NOTARIAL SEAL NORA M. FERRER, Notary PUbk AFFIANT - Brendan Booth City of phiWelphia, Phila. CON* Full Spectrum Legal Services, Inc. m ml Exokes November12,2, 2009 Sworn to and subscribed before me this 13th day of February, 2008. The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail Linda.Nguyen@fedpe.com@fedphe.com Linda Nguyen, Service Department March 11, 2008 Martin E. Bailey 35 North Middlesex Road Carlisle, PA 17013-1628 Representing Lenders in Pennsylvania and New Jersey M.E COPI RE: Countrywide Home Loans, Inc. vs. Martin E. Bailey and Melanie R. Bailey Premises Address: 35 North Middlesex Road, Carlisle, PA 17013-1628 Cumberland County, No. 07-7468 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by March 18, 2008. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Linda Nguyen For Daniel G. Schmieg, Esquire 9 PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail Linda.Nguyen@fedpe.com@fedphe.com Linda Nguyen, Service Department Representing Lenders in Pennsylvania and New Jersey March 11, 2008 Melanie R. Bailey 35 North Middlesex Road Carlisle, PA 17013-1628 RE: Countrywide Home Loans, Inc. vs. Martin E. Bailey and Melanie R. Bailey Premises Address: 35 North Middlesex Road, Carlisle, PA 17013-1628 Cumberland County, No. 07-7468 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by March 18, 2008. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Linda Nguyen For Daniel G. Schmieg, Esquire 9 roa 'O y r? ?a a NI "? CI bl ?I ?? a\I UI ?? w? NI .r ? o K M V p ^v N ? O y O 00 ? ?ro ro N cg 1 1 8. N' rn N N? n 3 A i ,? ? ?e w L7 • 7d. ? ? c cn to pj 3 in N 8 a', N -? wb ? 1 (py n w. ? C c l- 7 y9 w U ? Q ? ? Cx7 =j c y ?' n bNpb sv q ¢ J ro t6 A? o := 4 ? W ? O ? O• ?+ z Q a a?p • y ? vy M ? C ? b qa c? o ? o . ? n m 0 ? a? 4k ? o 0 o p, V N• Y 9 ? o ? N 000 ,?.Vtes POS; C Q Z d • ,? TJ3? 1'1 i(LLtY HOWFS ,. 2 $ 02.10° L , O MAILED FROM ZIPGODE 9 r I I I I I I VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, LLP Daniel G. Schmieg, Esquire Attorney for Plaintiff April 15, 2008 7 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Attorney for Plaintiff Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 j ason.riccogfedpe.com Countrywide Home Loans, Inc. Court of Common Pleas Civil Division VS. Cumberland County No. 07-7468 CIVIL TERM Martin E. Bailey Melanie R. Bailey CERTIFICATION OF SERVICE I hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individuals as indicated below by first class mail, postage prepaid, on the date listed below. Martin E. Bailey and Melanie R. Bailey: 35 North Middlesex Road Carlisle, PA 17013-1628 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully submitted, Phelan Hallman-&-SlehrrIIeg -P By ieg, Esquire Date: April 15, 2008 Attorney for Plaintiff 8 !^? `? s :..? ,-,:4 --a tom' :.,. ,? ,. ?; __ : a;+'i i ? r,,.. .? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Countrywide Home loans, Inc. Civil Division VS. No. 07-7468 Civil Term Martin E. Bailey Melanie R. Bailey ORDER AND NOW, his ,L Sj day of r , 2008, upon consideration of Plaintiff s Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendants, Martin E. Bailey and Melanie R. Bailey, by: 1. ?osting of the premises: 35 North Middlesex Road, Carlisle, PA 17013- 1028. 2. First class mail to Martin E. Bailey and Melanie R. Bailey at the mortgaged premises located at 35 North Middlesex Road, Carlisle, PA 4. , 'o 117013-1628; and 3. Certified mail to Martin E. Bailey and Melanie R. Bailey at the mortgaged premises located at 35 North Middlesex Road, Carlisle, PA Il APR 17 20DB?9 1'7013-1628; and Publication in accorda ce with PA. R.C.P. 4 0. L'n a (A w S p?-? l ??.d BY THE COU??. 2 ?? i ??i ?= •.. ?a it ? ,1L1? ,? ' i ,S _., ?rJy ._af P_.. Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215_563_7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff vs. MARTIN E. BAILEY MELANIE R. BAILEY Defendants TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL, DIVISION CUMBERLAND COUNTY No. 07-7468-CIVIL TERM Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: June 109 2008 PHELAN HALLINAN & SCHMIEG, LLP By: C:::? FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /jjn, Svc Dept. File# 166498 O o? Q W O b b p F b . rv C ? a~x c_. =lip a = rn c? SHERIFF'S RETURN - REGULAR CASE NO: 2007-07468 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS BAILEY MARTIN E WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BAILEY MARTIN E the DEFENDANT , at 0016:35 HOURS, on the 17th day of June 2008 at 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1628 POSTED PROPERTY LOCATED AT by handing to 35 N MIDDLESEX ROAD, CARLISLE 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 18.00 Service 12.00 Affidavit .00 Surcharge 10.00 0 ?1'0? 4 0. . 00 00 Sworn and Subscibed to before me this day So Answers: $;,4- R. Thomas Kline 06/18/2008 PHELAN HALLINAN & SCHMIEG By: -70 Deputy Sheriff of A. D. ..%. % SHERIFF'S RETURN - REGULAR CASE NO: 2007-07468 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS BAILEY MARTIN E WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE BAILEY MELANIE was served upon DEFENDANT the at 0016:35 HOURS, on the 17th day of June , 2008 at 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1628 by handing to POSTED PROPERTY LOCATED AT 35 MIDDLESEX ROAD, CARLISLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge +410F (4, 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscibed to before me this day So Answers: I oppl?? R. Thomas Kline 06/18/2008 PHELAN HALLINAN & SCHMIEG By 'Agg/- ?- Deputy Sheriff of A. D. 'PHELAN HALLINAN & SCHMIEG LLP By: 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 Countrywide Home Loans, Inc. Plaintiff VS. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Martin E. Bailey Melanie R. Bailey Defendant(s) : CUMBERLAND COUNTY NO. 07-7468-Civil term AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to Martin E. Bailey and Melanie R. Bailey at 35 North Middlesex Road, Carlisle, PA 17013-1628, on June 26, 2008, in accordance with the Order of Court dated April 21, 2008. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: July 22, 2008 <?: - / -- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff C:? c? - ;. s -, i , -' , t? -z. ? ? : -?` .?. ,. s't? r_ ? .-, ?' .?? •,7 -T Phelan Hallinan & Schmieg, LLP By: 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 ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 (215) 563-7000 Countrywide Home Loans, Inc. VS. Martin E. Bailey Melanie R. Bailey Court Of Common Pleas Civil Division Cumberland County : No. 07-7468-Civil Term AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated April 21, 2008 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in The Sentinel on June 14, 2008 and The Cumberland County Law Journal on June 20, 2008. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. S' 4 14 Francis S. Hallinan, Esquire Date: July 22, 2008 Jason Ricco Service Dept. PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified Manager of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): June 14, 2008 COPY OF NOTICE OF PUBLICATION y., V M' ? OEM , A 1A1l i ilpA1RE LOA1 MiC. CCKJRT COF fAM j, pk E kS TAAUVITWC-4AILEy and y4W ara hwvbg i Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. M ji? Sworn to and subscribed before me this 16th day of Tune 2008. Notary blic My commission expires: (a 1$)8q NO/IRML IMAL RONOR A CANUP "OkUY AM CARTMUK ROUGKCtNIM NANDCOWW My Cawnh* 1 bphw Jun 8. 2009 ;} A MOK* WLA y t?? v??? gm,s I PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 isa Marie Co , Editor SWORN TO AND SUBSCRIBED before me this 20 day of June, 2008 (", - - - -)z/- ("'Iaz?' Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2011 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz June 20, 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. CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 07-7468-CIVIL TERM COUNTRYWIDE HOME LOANS, INC. VS. MARTIN E. BAILEY MELANIE R. BAILEY NOTICE TO MARTIN E. BAILEY and MELANIE R. BAILEY: You are hereby notified that on DECEMBER 12, 2007, Plaintiff, COUNTRYWIDE HOME LOANS, INC., filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBERLAND County Pennsylvania, docketed to No. 07-7468-CIVIL TERM. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 35 NORTH MIDDLESEX ROAD, CARLISLE, PA 17013-1628 whereupon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE 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 INFORMA- TION 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 RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 June 20 12 r3 4 .r? . t y Al PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG w 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. MARTIN E. BAILEY 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1628 MELANIE R. BAILEY 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1628 CIVIL DIVISION NO. 07-7468-CIVIL TERM Defendant(s). 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 MARTIN E. BAILEY and MELANIE R. BAILEY, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $58,623.43 Interest from 12/09/2007 to 08/07/2008 $2,536.92 TOTAL $61,160.35 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. a., I DANIEL G. S HMIEG '?XQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 11 D PR PROTHY 166498 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. MARTIN E. BAILEY MELANIE R. BAILEY Defendant(s). CIVIL DIVISION NO. 07-7468-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 MARTIN E. BAILEY is over 18 years of age and resides at, 35 NORTH MIDDLESEX ROAD, CARLISLE, PA 17013-1628. (c) that defendant MELANIE R. BAILEY is over 18 years of age, and resides at, 35 NORTH MIDDLESEX ROAD, CARLISLE, PA 17013-1628. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. i l DANIEL G. S HMIEG,; QUIRE Attorney for Plai tiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. : COURT OF COMMON PLEAS Plaintiff Vs. MARTIN E. BAILEY MELANIE R. BAILEY Defendants TO: MARTIN E. BAILEY 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1628 DATE OF NOTICE: JULY 22, 2008 PZ i c THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 CIVIL DIVISION : CUMBERLAND COUNTY : NO. 07-7468-CIVIL TERM _? 4 .......... Jason Ricco, Legal Assistant PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY MARTIN E. BAILEY MELANIE R. BAILEY : NO. 07-7468-CIVIL TERM Defendants TO: MELANIE R. BAILEY 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1628 M x? g DATE OF NOTICE: JULY 22, 2008 y ='?' ? ' y THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 Jason Ricco, Legal Assistant gin nra M r (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. MARTIN E. BAILEY MELANIE R. BAILEY Defendant(s). CIVIL DIVISION NO. 07-7468-CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on Aaa 200 By: If you have any questions concerning this matter, please contact: DANIEL G. S HMIEG, E QUIRE 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." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 COUNTRYWIDE HOME LOANS, INC. Plaintiff, v. . No. 07-7468-CIVIL TERM MARTIN E. BAILEY MELANIE R. BAILEY Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 08/08/2008-03/04/2009 (per diem -$10.05) Add'1 Costs TOTAL $61,160.35 $2,100.45 and Costs $63,260.80 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff.is not present at the sale. 166498 d ?? V O W?'? ~ U z? ? wa Oa Oa `.?? C c wow w? x? of x ? wo O? H U Ed w % z] V a R W J 0 v" lk W O ao N ?O M O r a w a V A d a A a x 40, H a z d b 0 0 0 0 0 00 00O i N 00 00 M H C n .{rter S ? 'v' c C J IN THE COURT OF COMMON PLEAS CUMBERLA-ND--f OUNTY, PENNSYLVANIA Countrywide Home Loans, Inc. vs. Martin E. Bailey Melanie R. Bailey Civil Division No. 07-7468 Civil Term APR 17 200OF ORDER AND NOW, this day of 2008, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendants, Martin E. Bailey and Melanie R. Bailey, by: 1. Posting of the premises: 35 North Middlesex Road, Carlisle, PA 17013- 1628. 2. First class mail to Martin E. Bailey and Melanie R. Bailey at the mortgaged premises located at 35 North Middlesex Road, Carlisle, PA 17013-1628; and 3. Certified mail to Martin E. Bailey and Melanie R. Bailey at the mortgaged premises located at 35 North Middlesex Road, Carlisle, PA 17013-1628; and 4. P ication in accordance with PA. R.C.P. 430. -&?E) ,,QQ JA BY ?CTr fjj rt? J. 2 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG, ESQUIRE Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. MARTIN E. BAILEY MELANIE R. BAILEY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7468-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (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 relating to unsworn falsification to authorities. GMIJ-9 ?J4"_? 10, DANIEL G. SCHMIEG, ESQ I Attorney for Plaintiff r-7 -rs ? ? ?1 ` ? T,. t"L ?; ? ?? J ? ?.. :'C'=. ' t ? ?? C.. ,,,, `? A? ? r°" COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. MARTIN E. BAILEY MELANIE R. BAILEY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7468-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, 35 NORTH MIDDLESEX ROAD, CARLISLE, PA 17013-1628. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MARTIN E. BAILEY MELANIE R. BAILEY 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1628 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1628 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) THE UNITED STATES OF AMERICA, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT P.O. BOX 23999 L'ENFANT PLAZA STATION, WASHINGTON, D.C. 20026 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 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1628 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. September 29, 2008 034-"-XJ DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff C ca ? .a --,, tJ ? ?? ? ? ?a .. ?' C C::3 ._ 1 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. MARTIN E. BAILEY MELANIE R. BAILEY Defendant(s). TO: MARTIN E. BAILEY September 30, 2008 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1628 CUMBERLAND COUNTY No. 07-7468-CIVIL TERM MELANIE R. BAILEY 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1628 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION 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 AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house.(real estate) at, 35 NORTH MIDDLESEX ROAD, CARLISLE, PA 17013-1628, is scheduled to be sold at the Sheriffs Sale on MARCH 4, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $61,160.35 obtained by COUNTRYWIDE HOME LOANS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF GROUND SITUATE IN THE TOWNSHIP OF MIDDLESEX, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, WITH THE IMPROVEMENTS ERECTED THEREON, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A STONE IN THE MIDDLE OF A PUBLIC ROAD LEADING FROM THE TURNPIKE TO CARLISLE SPRINGS ROAD; THENCE BY SAID ROAD, NORTH 37 DEGREES WEST 77 FEET TO A STONE IN THE MIDDLE OF SAID PUBLIC ROAD; THENCE BY LAND NOW OR FORMERLY OF W.F. GLADFELTER, NORTH 74 DEGREES EAST 176 FEET TO A POST; THENCE SOUTH 37 DEGREES EAST 61 FEET TO A 12-FOOT ALLEY; THENCE BY SAID ALLEY, SOUTH 68 DEGREES WEST 174 FEET TO THE PLACE OF BEGINNING. Vested by Deed, dated 12/5/1995, given by Jeffrey A. Bryant and Linda L. Bryant, single person to Martin E. Bailey and Melanie R. Bailey, husband & wife, and recorded 8/13/1996 in Book 144 Page 141 PREMISES BEING: 35 NORTH MIDDLESEX ROAD, CARLISLE, PA 17013-1628 PARCEL NO. 21-17-2696-036 r; PHELAN HALLINAN & SCHMIEG, LLP By: Daniel G. Schmieg, Esquire, ID No. 62205 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 1903-1814 215-563-7000 COUNTRYWIDE HOME LOANS, INC vs. MARTIN E. BAILEY MELANIE R. BAILEY Attorney for Plaintiff 166498 COURT OF COMMON PLEAS CIVIL DIVISION COUNTY No.: 07-7468-CIVIL TERM PRAECIPE TO SUBSTITUTE LEGAL DESCRIPTION TO THE PROTHONOTARY: Kindly substitute the attached legal description for the legal description originally filed with the complaint in the instant matter. SEPTEMBER 29, 2008 Date DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF GROUND SITUATE IN THE TOWNSHIP OF MIDDLESEX, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, WITH THE IMPROVEMENTS ERECTED THEREON, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A STONE IN THE MIDDLE OF A PUBLIC ROAD LEADING FROM THE TURNPIKE TO CARLISLE SPRINGS ROAD; THENCE BY SAID ROAD, NORTH 37 DEGREES WEST 77 FEET TO A STONE IN THE MIDDLE OF SAID PUBLIC ROAD; THENCE BY LAND NOW OR FORMERLY OF W.F. GLADFELTER, NORTH 74 DEGREES EAST 176 FEET TO A POST; THENCE SOUTH 37 DEGREES EAST 61 FEET TO A 12-FOOT ALLEY; THENCE BY SAID ALLEY, SOUTH 68 DEGREES WEST 174 FEET TO THE PLACE OF BEGINNING. Vested by Deed, dated 12/5/1995, given by Jeffrey A. Bryant and Linda L. Bryant, single person to Martin E. Bailey and Melanie R. Bailey, husband & wife, and recorded 8/13/1996 in Book 144 Page 141 PREMISES BEING: 35 NORTH MIDDLESEX ROAD, CARLISLE, PA 17013-1628 PARCEL NO. 21-17-2696-036 t"{. -... MM CD Y WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7468 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 MARTIN E. BAILEY and MELANIE R. BAILEY (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 $61,160.35 L.L.$ 0.50 Interest 8/08/08 to 3/04/09 (per diem - $10.05) -- $2,100.45 and Costs Atty's Comm % Atty Paid $253.80 Plaintiff Paid Date: 10/02/08 (Seal) Due Prothy $2.00 Other Costs Prothono By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Attorney for Plaintiff CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION MARTIN E. BAILEY NO. 07-7468-CIVIL TERM MELANIE R. BAILEY , Defendants. . AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to MARTIN E. BAILEY & MELANIE R. BAILEY on SEPTEMBER 29, 2008 at 35 NORTH MIDDLESEX ROAD, CARLISLE, PA 17013-1628, in accordance with the Order of Court dated APRIL 21, 2008. The property was posted on OCTOBER 4, 2008. Publication was advertised in THE SENTINEL on OCTOBER 15, 2008 & in THE CUMBERLAND LAW JOURNAL on OCTOBER 24, 2008. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unworn falsification to authorities. P HALLINAN & SCHMIEG, LLP By: D L W.1 t ? , IRE Dated: November 6, 2008 IN THE COURT OF COMMON PLEAS CUMBERLAX'?OUNTY, PENNSYLVANIA Countrywide Home Loans, Inc. Civil Division vs. No. 07-7468 Civil Term Martin E. Bailey Melanie R. Bailey ORDER AND NOW, this Sr day of 2008, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. APR 17 2008? It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendants, Martin E. Bailey and Melanie R. Bailey, by: 1. Posting of the premises: 35 North Middlesex Road, Carlisle, PA 17013- 1628. 2. First class mail to Martin E. Bailey and Melanie R. Bailey at the mortgaged premises located at 35 North Middlesex Road, Carlisle, PA 17013-1628; and 3. Certified mail to Martin E. Bailey and Melanie R. Bailey at the mortgaged premises located at 35 North Middlesex Road, Carlisle, PA 17013-1628; and 4. P ication in accordance with PA. R.C.P. 430. -Z/3,0 ..lJYI ,.p BY J. tfjj? L'j-4, 2 00 O m° r r W N '? O ?z N a? A a A C} 0 to o z w 70. 1: -0 b ?? 9 ?C a Z ,. tit 0o O `d co b w O tz CA v tT7 rr..?? M"3 `t w o cn N A rn b A s ? 00 00 O? N sp crA A o wam?. C O ? 7 ?g wo^o A m? ?s A O N ? ? ^J R ?R gaA A rm ,, N a o 3 6 SfR _? a c ^ h a §'%^ 9 w O A a-' ? ?o y m R o C'' t? p ?t ?- ? co co N?? 7? '? CAS cpo r'?• N £" W. 3 d ., Nb ? n 9? ??+ 9W ? M'7 ? V1 O ? ?lj oo r-+ O Cr1 ? Cri ? O (dD r ITI ? O J Q N ? ? ? d oo N ? a o. z r :0 or 7, P4 r a i ?m ZI 3 a' Ho Q ig oOO?r o o S 9I wed ? ? f11 0 x O o V i1r,,? 02 lA4 0004218010 $03.62o MAILED FROM Z?PCO.10 2008 1 E 19103 0 6 A R IIIIA I IIA IIIIIIIII III?N 7178 2417 6099 0014 0480 4/TNW MARTIN E. BAILEY 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-0000 --fold here (regular) -- fold here (60) --fold here (regular) LISPS - Track & Confirm Track Confirm Search Resufts Page 1 of 1 Home I Help Label/Receipt Number: 7178 2417 6099 0014 0480 TrCl Status: Delivered Your item was delivered at 9:53 AM on October 15, 2008 in Enter Label/Receipt Number. PHILADELPHIA, PA 19103. A.--?IwrelDetem>? Ron= to Gmew How > flilftiiT Track & Confirm by email Get current event information or updates for your item sent to you or others by email. lio> Return Receipt (Electronic) Verify who signed for your item by email. 610> $ite...l 1V C9??S?Gt_tLs. Forms. Gov't S.ery1ces Jobs P yacv Policy Terms gf take Na Qnai._$..PreInL % Acco ( . Copyright©1999-2007 LISPS. All Rights Reserved. No FEAR Act EEO Data FOIA , t http://trkcnfrml .smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do?strOrigTrackNum=7... 11/6/2008 7178 2417 6099 0014 0497 4/TNW MELANIE R. BAILEY 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) USPS - Track & Confirm Track Confirm Search Resukts Label/Receipt Number: 7178 2417 6099 0014 0497 Status: Delivered Your item was delivered at 9:53 AM on October 15, 2008 in PHILADELPHIA, PA 19103. Page 1 of 1 Track & Confine. TMCk & conrnn 4 - Enter Label/Receipt Number. Bail. - Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Bo> Return Receipt (Electronic) +o> Verify who signed for your item by email. Site..M.ap. Contact Us FQ.m?s. SoY3_5e_NiQe* Jobs F_nvacXPolicy Terms..4.i.?i e. N.eti4nal$.Prem..erA.coounts Copyright©1999-2007 LISPS. All Rights Reserved. No FEAR Act EEO Data FOIA 0 , , *1 . .. -i„ E }' http://trkcnfrml .smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do?strOrigTrackNum=7... 11/6/2008 OMFURRO Home I Help A PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE COUNTRYWIDE HOME LOANS, INC. MARTIN E. BAILEY MELANIE R. BAILEY PLEASE POST AT: 35 NORTH MIDDLESEX ROAD CUMBERLAND COUNTY No. 07-7468-CIVIL TERM ACCT. #166498 Type of Action - Notice of Sheriffs Sale CARLISLE, PA 17013-1628 Sale Date: MARCH 4, 2009 SERVED 7 . Served and made known to 4A?4A, y lb4lr , c 144 , Defendant, on the day of , 200; at o'clock Pm., at , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: S"- Q11T - ?Z Description: Age Height Weight Race Sex Other I, I )Gw , a competent adult, being duly sworn according to law, depose a state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth rein, issued in the captioned case on the date and at the address indicated above. Sw ? to and subscribed Z.-before m s day of .200k. Nota By: LEA SE CE A LEAST 3 TIMES. INI)k sloes of MW ATTEMPTED. PATRICIA L NA A" O° Expi tllNlf NOT SERVED On the day of 200_, at Moved Unknown _ No Answer 1st Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200. Notary: Kenneth W. Baker 19 6h>be Drive BurN cftn. NJ 088016 DATES & TIMES OF SERVICE o'clock _.m., Defendant NOT FOUND because: Vacant 2nd Attempt: Time: Attornev for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): October 15, 2008 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. qr? orn to and subscribed before me this Sw Notary P blic My commission expires: NOWK SEAL 80M A CANUP Notary KAft CARLISLE BOROUGH. CIN*RLAW COUNTY My Comftftn Ex" Jun S. 2009 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 -Uls-a Marie CoynJ Editor SWORN TO AND SUBSCRIBED before me this 24 day of October, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO. CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz October 24, 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. CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 07-7468-CIVIL TERM COUNTRYWIDE HOME LOANS, INC. VS. MARTIN E. BAILEY MELANIE R. BAILEY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: MARTIN E. BAILEY, MELANIE R. BAILEY ALL THAT following described lot of ground situate, lying and being in MIDDLESEX TOWNSHIP, County of CUMBERLAND, Commonwealth of Pennsylvania, bounded and limited as follows, to wit: Your house (real estate) at 35 NORTH MIDDLESEX ROAD, CAR- LISLE, PA 17013-1628 is scheduled to be sold at the Sheriffs Sale on MARCH 4, 2009 at 10:00 A.M., at the CUMBERLAND County Courthouse, to enforce the Court Judgment of $61,160.35 obtained by COUN- TRYWIDE HOME LOANS, INC., (the mortgagee), against your Prop. sit. in the City of MIDDLESEX, County of CUMBERLAND, and State of Penn- sylvania. Being Premises: 35 NORTH MID- DLESEX ROAD, CARLISLE, PA 17013-1628. Improvements consist of residen- tial property. Sold as the property of MARTIN E. BAILEY, MELANIE R. BAILEY. TERMS OF SALE: The purchaser at the sale must take ten (10%) per- cent down payment of the bid price or of the Sheriff's cost, whichever is higher, at the time of the sale in the form of cash, money order or bank check. The balance must be paid within ten (10) days of the sale or the purchaser will lose the down money. THE HIGHEST AND BEST BID- DER SHALL BE THE BUYER. LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Middlesex, County of Cumberland and State of Pennsylvania, with the improve- ments erected thereon, bounded and described as follows: BEGINNING at a stone in the middle of a public road leading from the turnpike to Carlisle Springs Road; Thence by said road, North 37 degrees West 77 feet to a stone in the middle of said public road; Thence by land now or formerly of W.F. Gladfelter, North 74 degrees East 176 feet to a post; Thence South 37 degrees East 61 feet to a 12-foot alley; Thence by said alley, South 68 degrees West 174 feet to the place of beginning. Vested by Deed, dated 12/5/1995, given by Jeffrey A. Bryant and Linda L. Bryant, single person to Mar- tin E. Bailey and Melanie R. Bai- ley, husband & wife, and recorded 8/ 13/ 1996 in Book 144 Page 141. PREMISES BEING: 35 NORTH MIDDLESEX ROAD, CARLISLE, PA 17013-1628. PARCEL NO. 21-17-2696-036. DANIEL SCHMIEG, ESQUIRE Attorney for Plaintiff One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Oct. 24 2 ?? ? ?.-? ?, ? ? -?,. .? ,?; a e : ? s-i? -?-; ;?z ?'} ?} ? ., ?(4? ??=? r?.? r: PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Court of Common Pleas Plaintiff V. Civil Division CUMBERLAND County MARTIN E. BAILEY MELANIE R. BAILEY No. 07-7468-CIVIL TERM Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on December 12, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A„ 2. Judgment was entered on August 11, 2008 in the amount of $61,160.35. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 4, 2009. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $53,692.24 Interest Through March 4, 2009 $6,521.34 Per Diem $8.64 Late Charges $76.75 Legal fees $1,550.00 Cost of Suit and Title $1,886.72 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $4,375.50 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium J $273.60 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($158.56) Escrow Deficit $3,269.99 TOTAL $71,487.58 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on January 13, 2009 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. / Phelan Hallinan & Schmieg, LLP DATE: i ? (a By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County MARTIN E. BAILEY MELANIE R. BAILEY No. 07-7468-CIVIL TERM Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE MARTIN E. BAILEY and MELANIE R. BAILEY executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 35 NORTH MIDDLESEX ROAD, CARLISLE, PA 17013- 1628. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaran ty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. Vl. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 3 /6, Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 166498 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 v. Plaintiff c7 c z ? o d -n m rs,1 r r S -ri z ?? Fn- Fin C .' T T, LZ w c5m D C ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. d7- 141$ Civi I _Terre, MARTIN E. BAILEY CUMBERLAND COUNTY MELANIE R. BAILEY 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1628 ve hereby certify t11C- flt? COPY within to be a true and ATTORi*Y R correct copy of the PLEASE RETUNAendants riginal filed of recorc CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE Re k 166498 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 #; 166498 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 #: 166498 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 #: 166498 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: MARTIN E. BAILEY MELANIE R. BAILEY 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1628 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/31/1996 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to SIGNET MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1336, Page: 195. By Assignment of Mortgage recorded 10/10/1996 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 532, Page 175. 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 07/01/2007 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 #: 166499 6 The following amounts are due on the mortgage: Principal Balance $53,692.24 Interest $1,994.04 06/01/2007 through 12/08/2007 (Per Diem $10.44) Attorney's Fees $1,250.00 Cumulative Late Charges $125.85 07/31/1996 to 12/08/2007 Cost of Suit and Title Search 550.00 Subtotal $57,612.13 Escrow Credit $0.00 Deficit $1,011.30 Subtotal $1,011.30 TOTAL $58,623.43 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 N: 166498 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 rear Judgment against the Defendant(s) in the sum of $58,623.43, together with interest from 12/08/2007 at the rate of $10.44 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 & SCHMIEG, LLP sy: F IS S. HALLINAN SQUIRE DA L G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File N: 166498 LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF GROUND SITUATE IN THE TOWNSHIP OF HIDDLESAX, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, WITH THE IMPROVEMENT OF ERECTED THEREON, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A STONE IN THE MIDDLE OF THE PUBLIC ROAD LEADING FROM THE TURNPIKE TO CARILSLE SPRINGS ROAD; THENCE BY SAIROAD NORTH 27 DEGREES WEST 77 EAST TO A STONE IN THE MIDDLE OF SAID PUBLIC ROAD THENCE BY NOW OR FORMERLY OF W. F. GLADFSLTER.' NORTH 74 DEGREES EAST 176 EAST TO A POST; THENCE SOUTH 37 DEGREES EAST 61 FEET TO A 12-FOOT ALLEY; THENCE BY SAID ALLEY SOUTH 68 DEGREES WEST 174 FOOT TO THE PLANS OF BEGINNING. 35 NORTH MIDDLESEX ROAD, CARLISLE, PA 17013-1628 PARCEL NUMBER 21-17-2696-036 Fite #: 166498 VERIFICATION I hereby state that I am the 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 I am 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 my 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. DATE: Exhibit 66B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identif#cation 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 V. Plaintiff, MARTIN E. BAILEY 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1628 MELANIE R. BAILEY 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1628 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: cn ? C ?T. -c CIO v Kindly enter an in rem judgment in favor of the Plaintiff and against MARTIN E. BAILEY and MELANIE R. BAILEY. Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for gl1,?Qsure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: AIMRNEYFILE COPY i PLEASE RETURN As set forth in Complaint $58,623.43 Interest from 12/09/2007 to 08/07/2008 $2,536.92 TOTAL $61,160.35 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in7.1, copy attached. PLEASE RETUR" DANIEL G. HMIEG, QUIRE Attorney Z. Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 8 PR ROTRY 166498 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION ATTdRNEY H ?- RE §0 -W-7468-CIVIL TERM n Exhibit "C" I as w O ? O y ? y 5 ?•O O is E ?. y E u y 'Y 79 £ o 1 6 L 3(]00 COz ruoa-4 031,'dW soot £ L Nbr `. o Los Lzbooo ? ? T•? z 00v to $ M zo 53Mpg lLMAIM ie C b H ?b O ENEv 5 v ;i E •"C1d ? x E W X •v v E w E •O ? o _ F c ? v.H o r U N O T p ?.o A 7?o?E w ° ° c w U ? x C Etl",E C O y ?' d' mo W w w a A A a 0 M O w w y y ? O ? a a w z ° ? Q w • .T. V] U v Qn N 'c z ?? y wo ^a Q ¢ .? ; ¢ c °" ^o Q oa a U C f?l W a r a?a Z ?U 00 iZI- V A a W) E -a cn b w zeo LIZ- u S a ?o aW U a0 0 0 ? a. z, o? d ti zy '-' N M 00 CNI O N M 'cl• V1 o r? VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Phelan Hallinan & Schmieg, LLP DATE: 3 l By. Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Court of Common Pleas Plaintiff Civil Division V. MARTIN E. BAILEY CUMBERLAND County MELANIE R. BAILEY No. 07-7468-CIVIL TERM Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. MARTIN E. BAILEY MELANIE R. BAILEY 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1628 DATE: / 3 (a Phelan Hallinan & Sic imieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff ' Fr c JAN 2 3 20094 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA COUNTRYWIDE HOME LOANS, INC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County MARTIN E. BAILEY MELANIE R. BAILEY No. 07-7468-CIVIL TERM Defendants RULE AND NOW, this - 2L day of 2009, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. ( 1 ? G Z 9. ,t l'1 2- ?7 S Rule Returnable ewe 'E t '(2j CL fS, at +1.o Alan C um er an County ouse, Cmitste, . 7711., :8 WV U NVP 669Z ?chele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@fedphe.com ,"MARTIN E. BAILEY MELANIE R. BAILEY 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1628 166498 PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG IDENTIFICATION NO. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION V. NO.: 07-7468-CIVIL TERM MARTIN E. BAILEY MELANIE R. BAILEY PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF TO THE PROTHONOTARY: Please mark the judgment in the above captioned matter to the use of COUNTRYWIDE HOME LOANS SERVICING, L.P., 7105 CORPORATE DRIVE, PLANO, TX 75024. V Date: January 30, 2009 DANIEL G. SCHMIEG, Attorney for Plaintiff ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of COUNTRYWIDE HOME LOANS SERVICING, L.P., 7105 CORPORATE Attorney for Plaintiff USE PLAINTIFF. Date: January 30, 2009 l6 7 W ?.s 0 t?A `4 J dift A. COUNTRYWIDE HOME LOANS, INC. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION VS. NO. 07-7468-CIVIL TERM MARTIN E. BAILEY MELANIE R. BAILEY AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for COUNTRYWIDE HOME LOANS, INC. hereby verify that true and correct copies of the Notice of Sheriff s sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: January 30, 2009 Attorney for Plaintiff - w eo b it W I w o 0o rUn . tau N d• 44 TO a xa a v ti a a r-- .? O o ? £ 0 4 6 L 3(100 diZ W0aj O311bW oZ" £0 $ o cos c"ti "o ' . s-?n+o9 *ANA" J "C'90d SOO I d O? w O M V? A a z U H Oz?, WW U W N ??WN w Oar M ?? A ? w ? AZ W W o = R k6 v N ^? a? N o N.9 '? o s u u .$ N a gyd?3 .7 U ? A N c s a ar= H ors A E F." ? N H c G Q ? ? w gj u T a a W U d .`moo rn 1 m N M H U a -+ 00 o 0 N °? SAW 00 W U O O Up 3 XM-t I ?o O W M U V .o d ? ..O w O O 0 O M F+ e I z 0 L/ N N ?D 0 0 W M ? r., O -? d a W dw v W ? n a ° Hz 30 ?d o? ?.? ? 0 ?? Aw w d ? ? a °a d O T x N UJJ ? ? Q u Y F' %. w P6, Ix C) °v? F b r? e? U M o0 con ? 'a a a? O °a a a .. l u z a a C ? V z< £0 t ' s 6 i 3303,nz 800Z 0£ 130 u:n Ol0 .^ a ? ?? 81Zb000 w ?+*zo $ Wl ZO • .? ? 8 N 53Appy A7NLd ??_ .°? if _ C 8 .? .y E-Jig o u ? o - a $ a oR o COO w y V y .A ? z pp 0. G O O . 'O R ? CEO O 'C $ 5 w (ry I+y V o ? °? m ? ^ o Cq EH o S .. O O a '7 O O V ? u 8 8 ?" :s wa $ x x w U x O Z ? W ¢ a 8 ?? ?W W ° 6 aw 0 H 0 oA pq v? o,?? W ? ?? Ica a E w V o wa ?H ua ? e Az AW? ? z? L Q ? W H W o? ? c to Q ? ? ?a N cn v ?O t? oo C? O -- N M Y1 Q 1-:0 .s? 0 c? w 40- -COUNTRYWIDE HOME LOANS, INC. Plaintiff, v. MARTIN E. BAILEY MELANIE R. BAILEY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7468-CIVIL TERM AMENDED 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, 35 NORTH MIDDLESEX ROAD, CARLISLE, PA 17013-1628. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MARTIN E. BAILEY MELANIE R. BAILEY 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1628 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1628 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) THE UNITED STATES OF AMERICA, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT P.O. BOX 23999 L'ENFANT PLAZA STATION, WASHINGTON, D.C. 20026 f. 5. Name and address of every other person who has any record lien on the property: r Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MIDDLESEX TOWNSHIP MUNICIPAL AUTHORITY 350 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-8488 MIDDLESEX TOWNSHIP MUNICIPAL AUTHORITY C/O KEITH O. BRENNEMAN, ESQ. SNELBAKER & BENNEMAN, P.C. 44 WEST MAIN STREET MECHANICSBURG, PA 17055-6249 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 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1628 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 unders d that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswo alsificat?n to uthorities. i..//? i January 30, 2009 DATE DANIEL G. SCHMIEG, Attorney for Plaintiff Ltd A-: t { PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff V. MARTIN E. BAILEY MELANIE R. BAILEY Court of Common Pleas Civil Division CUMBERLAND County No. 07-7468-CIVIL TERM Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of February 16, 2009 was sent to the following individual on the date indicated below. MARTIN E. BAILEY MELANIE R. BAILEY 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1628 Phelan Hallinan & Schmieg, LLP DATE: 2-l ?l °S By: Michele M. Bradford, Esquire Attorney for Plaintiff t, ZIN An t?s PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff V. MARTIN E. BAILEY MELANIE R. BAILEY Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-7468-CIVIL TERM MOTION TO MAKE RULE ABSOLUTE COUNTRYWIDE HOME LOANS, INC., by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on January 21, 2009. 3. A Rule was entered by the Court on or about January 26, 2009 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on February 4, 2009, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of February 16, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: Z ! T By: Michele M- Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff V. MARTIN E. BAILEY MELANIE R. BAILEY Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-7468-CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on January 21, 2009. A Rule was entered by the Court on or about January 26, 2009 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on February 4, 2009 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of February 16, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: Z / l D By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" JAN 2 3 20094 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA COUNTRYWIDE HOME LOANS, INC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County MARTIN E. BAILEY MELANIE R. BAILEY No. 07-7468-CIVIL TERM Defendants RULE AND NOW, this - IL ? day of 2009, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. twctt ?-,' 11 ?3 ea8 Rule Returnable Courtromn of er I counlY Courthouse, , k., .. yep ,-+0Y" 1 s * i Mme and 4 w rid rhk 71W7, n Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford(a fedphe.com MARTIN E. BAILEY MELANIE R. BAILEY 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1628 166498 Exhibit "B" PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 ATTOR!Vcy FILE CC)py PLEASE RETURk f C; Z'.7: l'i't w ? ATTORNEY FOR PLA IFF: , ? o 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 A TTOR, (215) 563-7000 P1 1% l 4. COUNTRYWIDE HOME LOANS, INC Plaintiff Court of CodAIPleas Civil Division v. MARTIN E. BAILEY MELANIE R. BAILEY CUMBERLAND County No. 07-7468-CIVIL TERM Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of February 16, 2009 was sent to the following individual on the date indicated below. MARTIN E. BAILEY MELANIE R. BAILEY 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1628 DATE: 2-1f /Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. / Phelan Hallinan & Schmieg, LLP DATE: Z (d By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County MARTIN E. BAILEY MELANIE R. BAILEY No. 07-7468-CIVIL TERM Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. MARTIN E. BAILEY MELANIE R. BAILEY 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1628 DATE: (°S Phelan Hallinan & Schmieg, LLP By: ??? Michele M. Bradford, Esquire Attorney for Plaintiff '*r co co C V) "u i FEB 2 6 2009 0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COUNTRYWIDE HOME LOANS, INC. Court of Common Pleas Plaintiff V. Civil Division CUMBERLAND County MARTIN E. BAILEY MELANIE R. BAILEY No. 07-7468-CIVIL TERM Defendants ORDER AND NOW, this Z A day of VL 4 , , 2009, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $53,692.24 Interest Through March 4, 2009 $6,521.34 Per Diem $8.64 Late Charges $76.75 Legal fees $1,550.00 Cost of Suit and Title $1,886.72 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $4,375.50 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $273.60 Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 ($158.56) $3,269.99 $71,487.58 Plus interest from March 4, 2009 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE J. 166498 t) V? w V COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which COUNTRYWIDE HOME LOANS SERVICING LP is the grantee the same having been sold to said grantee on the 4TH day of MARCH A.D., 2009, under and by virtue of a writ Execution issued on the 2ND day of OCT, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 7468, at the suit of COUNTRYWIDE HOME LOANS INC against MARTIN E BAILEY & MELANIE R is duly recorded as Instrument Number 200908515. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this c day of i , A.D. CAL. (\ Re o der of Deeds 9.*cr1R.. r: +?.r rt Courty, Gam, PA my u 'ti r .: ?: ra ? t'19 NO ? 1Aorn;b y o! 1aa. 2010 Countrywide Home Loans, Inc. In The Court of Common Pleas of Company, as Trustee for Morgan Stanley Cumberland County, Pennsylvania Loan Trust 2006-NC2 Writ No. 2007-7468 Civil Term VS Martin E. Bailey and Melanie R. Bailey Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on November 13, 2008 at 1903 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Martin E. Bailey and Melanie R. Bailey, by posting the premises located at 35 North Middlesex Road, Carlisle, Cumberland County, pursuant to order of court, according to law. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2009 at 1025 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 Martin E. Bailey and Melanie R. Bailey located at 35 North Middlesex Road, Carlisle, 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 defendants, to wit: Martin E. Bailey and Melanie R. Bailey, by regular mail to their last known address of 663 West Shawnee Ave., Plymouth, PA 18651-1041. These letters were mailed under the date of January 13, 2009 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 4, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Countrywide Home Loans, Servicing, LP, of, 7105 Corporate Drive, Plano, TX 75024, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 974.28 Sheriffs Costs: Docketing $30.00 Poundage 19.10 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 9.00 Levy 15.00 Surcharge 30.00 Post Pone Sale Posting 12.00 Law Journal 355.00 Patriot News 323.06 Share of Bills 15.52 Distribution of Proceeds 25.00 Sheriff s Deed 49.50 $ 974.28 R. Thomas Kline, Sheriff By Real Estate Coordinator asx P ? 7PV- " LU C7 - - W C ) hi COUNTRYWIDE HOME LOANS, INC. r --<r Plaintiff, V. MARTIN E. BAILEY MELANIE R. BAILEY Defendant(s). 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, 35 NORTH MIDDLESEX ROAD, CARLISLE, PA 17013-1628. AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MARTIN E. BAILEY MELANIE R. BAILEY CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7468-CIVIL TERM 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1628 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1628 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) THE UNITED STATES OF AMERICA, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT P.O. BOX 23999 L'ENFANT PLAZA STATION, WASHINGTON, D.C. 20026 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 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1628 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. September 29, 2008 02? ' ` sl*?'?-M DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. MARTIN E. BAILEY MELANIE R. BAILEY Defendant(s). TO: MARTIN E. BAILEY 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1628 CUMBERLAND COUNTY No. 07-7468-CIVIL TERM September 30, 2008 MELANIE R. BAILEY 35 NORTH MIDDLESEX ROAD CARLISLE, PA 17013-1628 "THIS FIRMIS 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, 35 NORTH MIDDLESEX ROAD, CARLISLE, PA 17013-1628, is scheduled to be sold at the Sheriffs Sale on MARCH 4, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $61,160.35 obtained by COUNTRYWIDE HOME LOANS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF GROUND SITUATE IN THE TOWNSHIP OF MIDDLESEX, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, WITH THE IMPROVEMENTS ERECTED THEREON, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A STONE IN THE MIDDLE OF A PUBLIC ROAD LEADING FROM THE TURNPIKE TO CARLISLE SPRINGS ROAD; THENCE BY SAID ROAD, NORTH 37 DEGREES WEST 77 FEET TO A STONE IN THE MIDDLE OF SAID PUBLIC ROAD; THENCE BY LAND NOW OR FORMERLY OF W.F. GLADFELTER, NORTH 74 DEGREES EAST 176 FEET TO A POST; THENCE SOUTH 37 DEGREES EAST 61 FEET TO A 12-FOOT ALLEY; THENCE BY SAID ALLEY, SOUTH 68 DEGREES WEST 174 FEET TO THE PLACE OF BEGINNING. Vested by Deed, dated 12/5/1995, given by Jeffrey A. Bryant and Linda L. Bryant, single person to Martin E. Bailey and Melanie R. Bailey, husband & wife, and recorded 8/13/1996 in Book 144 Page 141 PREMISES BEING: 35 NORTH MIDDLESEX ROAD, CARLISLE, PA 17013-1628 PARCEL NO. 21-17-2696-036 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-7468 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From MARTIN E. BAILEY and MELANIE R. BAILEY (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 $61,160.35 L.L.$ 0.50 Interest 8/08/08 to 3/04/09 (per diem - $10.05) - $2,100.45 and Costs Atty's Comm % Atty Paid $253.80 Plaintiff Paid Date: 10/02/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs Prothonota By: Deputy Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #8 On October 29, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA Known and numbered as 35 North Middlesex Road, Carlisle more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 29, 2008 By: ?Ijb Real Estate Sergeant DE :E d £-130 l .M dd 'AiNnfjj G ' ? s : 4?ltj1 3 INAS 3Hi 0 2f??0 The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Z4epatriot News Now you know 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 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 REAL ESTATE SALE NO.8 Writ No. 2007-7468 Civil Term Countrywide Home Loans, Inc. Company, as Trustee for Morgan Stanley Loan Trust 2006-NC2 VS Martin E. Bailey and Melanie R. Bailey Attorney Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF GROUND SITUATE IN THE TOWNSHIP OF MIDDLESEX, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, WITH THE IMPROVEMENTS ERECTED THEREON, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A STONE IN THE MIDDLE OF A PUBLIC ROAD LEADING FROM THE TURNPIKE TO CARLISLE SPRINGS ROAD; THENCE BY SAID ROAD, NORTH 37 DEGREES WEST 77 FEET TO A STONE IN THE MIDDLE OF SAID PUBLIC ROAD; THENCE BY LAND NOW OR FORMERLY OF W.F. GLADFELTER NORTH 74 DEGREES EAST 176 FEET TO A POST; THENCE SOUTH 37 DEGREES EAST 61 FEET TO A 12-FOOT ALLEY; THENCE BY SAID ALLEY, SOUTH 68 DEGREES WEST 174 FEET TO THE PLACE OF BEGINNING. Vested by Deed, dated 12/511995, given by Jeffrey A. Bryant and Linda L. Bryant, single person to Martin E. Bailey and Melanie R. Bailey, husband & wife, and recorded 8/13/1996 in Book 144 Page 141 PREMISES BEING: 35 NORTH MIDDLESEX This ad ran on the date(s) shown below: 01 /21 /09 01/28/09 ?j 02/04/09 .......... ? 1 Sworn to and sU ribed before me this 25 day of February„ 2009 A.D. Notary Public °OM ONWE I- (Ii OF PENNSYLVANIA, - ----------- lot.ia Snap 3herfie L.1<rr, ?;,. nlrate[y Public Ny ?'' tpatr NOV. 28, 2011 Of HL-W! Membar, aennayl?r?nir? ?saoaatlor, of NotMfes 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: January 30, February 6, and February 13, 2009 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, SWORN TO AND SUBSCRIBED before me this 13 day of Febrliary 13, 2009 14 t/i zi Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY MY Commission Expires Apr 28, 2010 RAUL aw sa AND. s Writ No. 2007-7468 Civil Countrywide Home Loans, Inc. Company, as Trustee for Morgan 9tMkky Loan Trust 2006-I?C2 vs. Martin E. Bailey and Melanie R. Bailey Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Middlesex, County of Cumberland and State of Pennsylvania, with the improve- ments erected thereon, bounded and described as follows: BEGINNING at a stone in the middle of a public road leading from the turnpike to Carlisle Springs Road; Thence by said road, North 37 degrees West 77 feet to a stone in the middle of said public road; Thence by land now or formerly of W.F. Gladfelter, North 74 degrees East 176 feet to a post; Thence South 37 degrees East 61 feet to a 12-foot alley; thence by said alley, South 68 degrees West 174 feet to the place of BEGINNING. Vested by Deed, dated 12/5/1995, given by Jeffrey A. Bryant and Linda L. Bryant, single person to Mar- tin E. Bailey and Melanie R. Bai- ley, husband & wife, and recorded 8/13/1996 in Book 144 Page 141. PREMISES BEING: 35 NORTH MIDDLESEX ROAD, CARLISLE, PA 17013-1628. PARCEL NO. 21-17-2696-036.