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HomeMy WebLinkAbout08-0812Burton Neil & Associates, P.C. By: Yale D. Weinstein, Esquire ID. NO. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff Midland Funding LLC 8875 Aero Drive Suite 200 San Diego CA 92123 IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. FAY A STRICKLER NO. g - 8 a 607B Geneva Drive Apt.24 Mechanicsburg PA 17055-5475 Defendant CIVIL ACTION -LAW Complaint - 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 (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 claim set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 93936 w Burton Neil & Associates, P.C. By: Yale D. Weinstein, Esquire ID. NO. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff Midland Funding LLC 8875 Aero Drive Suite 200 San Diego CA 92123 Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 61 C'tZ,J- ?` FAY A STRICKLER 607B Geneva Drive Apt.24 Mechanicsburg PA 17055-5475 Defendant CIVIL ACTION - LAW Complaint 1. The plaintiff is Midland Funding LLC with place of business located at 8875 Aero Drive Suite 200, San Diego CA. 2. The defendant is Fay A Strickler, who resides at 607B Geneva Drive Apt.24, Mechanicsburg, Cumberland County, Pennsylvania. 3. A Bank of America N.A. (USA) credit card was issued to the defendant with account number 4319041002990333 hereinafter referred to as the credit card account. 4. Defendant made purchases, balance transfers and/or cash advances on the credit card account. 5. The balance due on the credit card account is $6,829.36. 6. Defendant did not pay the balance due on the credit card account as required by the credit card agreement. As such, defendant is in default on the credit card account. 7. Plaintiff purchased defendant's account and is now the holder and owner of the account. 8. Although demand has been made by plaintiff upon defendant to pay the sum of $6,829.36, defendant failed and refused to pay all or any part thereof Wherefore, plaintiff demands judgment against the defendant in the sum of $6,829.36 and the costs of this action. Burton Neil & AV61ciates, P.C. By: Ya D. Weinstein, Esquire A rnev for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt Verification I, Nicole VanDerSchaaf , am an employee of Midland Credit Management, Inc. which is by contract the servicer for plaintiff Midland Funding LLC retained to collect delinquent debt. I am authorized to make this verification pursuant to a servicing agreement from plaintiff to Midland Credit Management, Inc. The foregoing averments of fact in the within pleading are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to the authorities. Date: V `l d `'?W Nicole VanDerSchaaf Fay A Strickler 4319041002990333 M ? j. pry C-n C?.7 C" SHERIFF'S RETURN - REGULAR CASE NO: 2008-00812 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MIDLAND FUNDING LLC VS STRICKLER FAY A KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STRICKLER RAY A the DEFENDANT , at 1848:00 HOURS, on the 21st day of February-, 2008 at 607B GENEVA DRIVE APT 24 MECHANICSBURG, PA 17055 by handing to FAY STRICKLER a true and attested copy of COMPLAINT & NOTICE 18.00 40.32 .00 10.00 .00 68.32 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge n z /2,9/0 ? Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 02/22/2008 BURTON NEIL By: A. D. MIDLAND FUNDING, LLC, Plaintiff V. FAY A. STRICKLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-812 Civil Term CIVIL ACTION - LAW NOTICE TO PLEAD TO THE ABOVE-NAMED PLAINTIFF: You are hereby notified to file a written response to the enclosed pleading within twenty (20) days from service hereof or a judgment may be entered against you. DATE: FAY S ICKLER 607B Geneva Drive Apt. #24 Mechanicsburg, PA 17055 (717) 691-1187 MIDLAND FUNDING, LLC, Plaintiff V. FAY A. STRICKLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-812 Civil Term CIVIL ACTION - LAW ANSWER WITH NEW MATTER The Defendant, Fay A. Strickler, responds to Plaintiff's Complaint, averring as follows: ANSWER 1. Defendant is without sufficient information, knowledge and/or belief to respond. 2. Admitted. 3. It is admitted only that defendant had a Bank of America credit card in the past. Proof of the remaining allegations of this paragraph is demanded. 4. Without specific allegations, defendant cannot know to which charges this paragraph refers. Defendant recalls using a Bank of America card and making payments thereon. 5. Denied. There are no documents attached to the Complaint (no contract, no statements). Strict proof of any amounts alleged to be owed is hereby demanded. 6. Denied. See response to paragraph # 5 above. 7. Defendant is without sufficient information and/or knowledge to respond. 8. It is admitted only that Plaintiff has tried to get Defendant to pay monies. The remainder of the allegation is denied. WHEREFORE, Defendants respectfully request that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER 9. Defendant hereby incorporates paragraphs 1 through 8 above as if fully set forth herein. AFFIRMATIVE DEFENSES 10. Plaintiff's Complaint fails to state a claim upon which relief can be granted. 11. Plaintiff's claims are barred by the doctrines of waiver, estoppel and/or laches. 12. Plaintiff's claims are barred by the 4 year statute of limitations on consumer debts. 13. The damages alleged by Plaintiff are inaccurate and unlawful and not owed by the Defendant. 14. Plaintiff suffered no ascertainable loss of money or property as the alleged debt was purchased in default, along with possibly thousands of other alleged debts, for a nominal amount by Plaintiff. 15. The Plaintiff has no standing to bring this action. 16. This Honorable Court lacks subject matter jurisdiction over the allegations of the Complaint. 17. The Plaintiff is not entitled to fees, costs, interest, etc. as there is no contract between Plaintiff and Defendant. 18. Defendant disputed and continues to dispute the amount alleged by Plaintiff. 19. As Plaintiff has not attached any contract to its Complaint or evidence of a debt owed, Defendant cannot be certain as to any further affirmative defenses she may have or the claims she may have against Plaintiff arising from its collection practices. Defendant reserves the right to assert additional affirmative defenses as discovery warrants, particularly with regard to the harassment she has suffered via plaintiff's unlawful collection techniques. WHEREFORE, Defendants respectfully request that Plaintiff's Complaint be dismissed with prejudice. Respectfully submitted, DATE: 3110 FAY STRICKLER 6078 Geneva Drive Apt. #24 Mechanicsburg, PA 17055 (717) 691-1187 VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: FAY STRICKLER CERTIFICATE OF SERVICE I certify that I have served a true and correct copy of the within document upon attorney for Plaintiff by mailing same, postage prepaid at Harrisburg, PA, on the filing date, at the following address: Yale D. Weinstein, Esq. 1060 Andrew Drive, Suite 170 West Chester, PA 19380 DATED : 3J (I 0 /"r ±?± FAY STRICKLER C? Q t .- 71 ?_: MIDLAND FUNDING, LLC Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. FAY A. STRICKLER Defendant : NO. 08-812 : CIVIL ACTION -LAW PLAINTIFF'S REPLY TO NEW MATTER 9. Denied. There are no facts set forth in the incorporated by reference averments of the BURTON NEIL & ASSOCIATES, P.C. BY: Yale D. Weinstein, Esquire Identification No. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff answer. Pursuant to Pa R.C.P. 1029(d) no responsive pleading is required. 10. Denied. There are no facts set forth in this averment. Pursuant to Pa R.C.P. 1029(d) no responsive pleading is required. 11. Denied. There are no facts set forth in this averment. Pursuant to Pa R.C.P. 1029(d) no responsive pleading is required. 12. Denied. There are no facts set forth in this averment. Pursuant to Pa R.C.P. 1029(d) no responsive pleading is required. By way of further response, defendant's last payment was posted on or about May 9, 2004. 13. Denied. There are no facts set forth in this averment. Pursuant to Pa R.C.P. 1029(d) no responsive pleading is required. 14. Denied. There are no facts set forth in this averment. Pursuant to Pa R.C.P. 1029(d) no responsive pleading is required. 15. Denied as conclusion of law in which no further response is required. 16. Denied as conclusion of law in which no further response is required. 17. Denied as conclusion of law in which no further response is required. 18. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of these allegations and the same are deemed denied. 19. Denied as conclusion of law in which no further response is required. WHEREFORE Plaintiff moves the Court to enter judgment against Defendant as per Plaintiff's Complaint. BURTON/NEIL A(ASSOCIATES, P.C. BY: Yale (? tein, Esquire Atto vs for Plaintiff In making this communication, we advise that our firm is a debt Vollector. Burton Neil & Associates, P.C. By: Yale D. Weinstein, Esquire ID. NO. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff MIDLAND FUNDING LLC Plaintiff v. FAY A STRICKLER Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-812 CIVIL TERM : CIVIL ACTION -LAW Certificate of Service I, Yale D. Weinstein, Esquire do hereby certify that I served a true and correct copy of the within Reply to New Matter on pro se defendant, Fay A Strickler at his/her address of record via first class mail, postage prepaid on the date set forth below. Burto ei & ociates, P.C. '- Date: By: Afnstein, Esquire for Plaintiff The law firm of Burton Neil & Associates is a debt collector. 93936 1?.t f r1 e_... .. _.t..+ -?-I .i.r'9 f ? w? ._ _ ?" ..y.T 1 r. -1?, { ?' C.... ?. f... y.... ..?.. *A. Burton Neil & Associates, P.C. By: Yale D. Weinstein, Esquire ID. NO. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorne for Plaintiff : IN THE COURT OF COMMON PLEAS MIDLAND FUNDING LLC Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-812 CIVIL TERM FAY A STRICKLER Defendant : CIVIL ACTION - LAW Plaintiffs First Set of Interrogatories to Defendant plaintiff hereby serves these written interrogatories upon defendant who is to furnish written answers within thirty (30) days after service of these interrogatories in accordance with enns lvania Rules of Civil Procedure. The answers shall be inserted in the space provided the P y after each of the interrogatories; please attach additional pages if more space is needed for the answers. continuing and demand is hereby made to amend or supplement These interrogatories are the answers as is required by the Pennsylvania Rules of Civil Procedure. If the answering party is a minor, a decedent's estate or an individual who is incompetent or under legal disability to provide answers, the individual providing answers shall state his or her name and the authority under which he or she is providing the answers. Full and complete answers of the interrogatories must be provided and signed by the party making the answers. '-?t' ?4ut'?? N3-? \JAk-A 1. According to your records, wa the date of the last payment you made on account no. 4319041002990333 to aintiff or ank of America, N.A.? 2. According to your records, what was the amount of the last payment you made on account no. 4319041002990333 to plaintiff or Bank of America, N.A.? / iAw. ? 3. According to your records, what was the balance owed on account no. 4319041002990333 as of the date of the last payment you made on the account? IA,,O -IUe?a 4. Based on your records what is the amount you contend is owed on account 4319041002990333 ? . ? VU S Burton eil & sociates, P.C. By' Yale . W nstein, Esquire Atto ev for Plaintiff In making this communication, we advise our firm is a debt collector. utv? U??? AAJ fit/ AA, ILI IVJ CAAAy A ?? U a Nq 0, jqjLj-)-V'NLAA,-'? PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 INDYMAC BANK, F.S.B. Plaintiff, V. No. 08-212-CIVIL TERM TWILLA GRAHAM , Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 03/11/2008-03/04/2009 (per diem -$11.98) Add'I Costs TOTAL $72,901.86 r $4,300.82 and Costs $0.00 $77,202.68 Ot" DANIEL G. SCHMIEG, ESQ One Penn Center at Suburban Sta ion 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. 168944 w? w? a?z Oz ?a O E?-Uz 00 aA Wow H v d v dg 0 a d 3 H z 0 U ^ W ° 8 W o? w? V a w `ooh ? M O r a w a H w z? W a N d i vN m 00 110 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BOUNDED on the North by West Penn Street; on the East by property now or formerly of Joseph White; on the South by a private alley; and on the West by property now or formerly of Fleta Jordon, Sr. CONTAINING in front on said West Penn Street 16 feet 6 inches, more or less, and extending in depth 110 feet, more or less, to said private alley; and being numbered 126 West Penn Street, Carlisle, Pennsylvania. BEING THE SAME premises which Timothy F. Straub and Marisa A. Straub, husband and wife, by Deed bearing dated the 29th day of March, 2007, and about to be herewith recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Twilla Graham. BEING THE SAME PREMISES VESTED IN Twilla Graham, a single woman, by Deed from Timothy F. Straub and Marisa A. Straub, h/w, dated 03/07/2007, recorded 04/04/2007, in Deed Book 279, page 2242. PREMISES BEING: 126 WEST PENN STREET, CARLISLE, PA 17013 PARCEL NO. 05-20-1798-141 r? 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 INDYMAC BANK, F.S.B. . Plaintiff, V. TWILLA GRAHAM . Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-212-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: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. f"A' S DANIEL G. SCHMIEG, ESQ I Attorney for Plaintiff .' c-n .+.+ ? INDYMAC BANK, F.S.B. Plaintiff, V. TWILLA GRAHAM Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-212-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) INDYMAC BANK, F.S.B., 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, 126 WEST PENN STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TWILLA GRAHAM 126 WEST PENN STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TIMOTHY F. STRAUB 2602 MARKET STREET, CAMP HILL, PA 17011 ... 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 126 WEST PENN STREET CARLISLE, PA 17013 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 unsworn falsification to authorities. September 30, 2008 5 DATE DANIEL G. SCHMIEG, ES RE Attorney for Plaintiff C.: 1 -7 r INDYMAC BANK, F.S.B. Plaintiff, V. TWILLA GRAHAM Defendant(s). CUMBERLAND COUNTY No. 08-212-CIVIL TERM September 30, 2008 TO: TWILLA GRAHAM 126 WEST PENN STREET CARLISLE, PA 17013 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 126 WEST PENN STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff s 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 $72,901.86 obtained by INDYMAC BANK, F.S.B. (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 Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ,r LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BOUNDED on the North by West Penn Street; on the East by property now or formerly of Joseph White; on the South by a private alley; and on the West by property now or formerly of Fleta Jordon, Sr. CONTAINING in front on said West Penn Street 16 feet 6 inches, more or less, and extending in depth 110 feet, more or less, to said private alley; and being numbered 126 West Penn Street, Carlisle, Pennsylvania. BEING THE SAME premises which Timothy F. Straub and Marisa A. Straub, husband and wife, by Deed bearing dated the 29th day of March, 2007, and about to be herewith recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Twilla Graham. BEING THE SAME PREMISES VESTED IN Twilla Graham, a single woman, by Deed from Timothy F. Straub and Marisa A. Straub, h/w, dated 03/07/2007, recorded 04/04/2007, in Deed Book 279, page 2242. PREMISES BEING: 126 WEST PENN STREET, CARLISLE, PA 17013 PARCEL NO. 05-20-1798-141 C) ? C `?, 1^ ' (? ' ? •-?t {"1"? i'"' ? ?.... C ? "t } °i =r, "? "'?' i r." " i....+ ? E"a t ? "' ?r .' ' ? ? a WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-212 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INDYMAC BANK, F.S.B. Plaintiff (s) From TWILLA GRAHAM (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 $72,901.86 L.L.$.50 Interest FROM 3/11/2008-3/4/2009 (per diem-$11.98) $4300.82 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $151.80 Other Costs Plaintiff Paid Date: October 7, 2008 (Seal) Curti R. Long, P otary By: Deputy REQUESTING PARTY: Name Daniel G. Schmieg, Esq. Address: One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: Supreme Court ID No. Burton Neil & Associates, P.C. By: Yale D. Weinstein, Esquire ID. NO. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 193 80 610-696-2120 Attorney for Plaintiff MIDLAND FUNDING LLC IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-812 CIVIL TERM FAY A STRICKLER Defendant : CIVIL ACTION - LAW Praecipe to Discontinue To the Prothonotary: Kindly discontinue the above-captioned action without Neil & By: The law firm of Burton Neil & Associates is a debt collector. P.C. Wirifistein, Esquire for Plaintiff 93936 Fly qtr, r- i 2009 APR 24 PH d : (5 p ? (' ,?