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HomeMy WebLinkAbout08-1010PHELAN 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 R. 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 162583 PHH MORTGAGE CORPORATION 3000 LEADENHALL ROAD OR 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff V. GAIL A. MACHELLA A/K/A GAIL A. DUNN 1071 LACASTER BOULEVARD, APT 14 MECHANICSBURG, PA 17055 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. b$- 1010 OiV? l rer CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 162583 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 #: 162583 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 #: 162583 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 #: 162583 Plaintiff is PHH MORTGAGE CORPORATION 3000 LEADENHALL ROAD OR 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: GAIL A. MACHELLA A/K/A GAIL A. DUNN 1071 LANCASTER BOULEVARD, APT 14 MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/18/2005 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR ERA MORTGAGE which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1933, Page: 1736. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2007 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 #: 162583 6. The following amounts are due on the mortgage: Principal Balance $88,659.28 Interest $5,240.88 03/01/2007 through 02/11/2008 (Per Diem $15.06) Attorney's Fees $1,250.00 Cumulative Late Charges $275.60 11/ 18/2005 to 02/11/2008 Cost of Suit and Title Search 750.00 Subtotal $96,175.76 Escrow Credit $0.00 Deficit $546.30 Subtotal 546.30 TOTAL $96,722.06 7. 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 parry 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 #: 162583 LEGAL DESCRIPTION ALL THAT CERTAIN dwelling unit situated in Sunguild Condominium, Upper Allen Township, Cumberland County, Pennsylvania, designated as Unit No. 1071-14, in the Declaration and Declaration Plans of Sunguild Condominium, dated December 6, 1979, and November 29, 1979, respectively, recorded December 12, 1979, in Cumberland County Misc. Book 249, Page 784, and Plan Book 37, Page 23, respectively, and Amendment to the Declaration and Declaration Plan of Sunguild Condominium both dated February 28, 1986, both recorded March 31, 1986 in Cumberland County Misc. Book 315, Page 804, and Plan Book 49, Page 129, respectively, under the provisions of the Unit Property Act of the Commonwealth of Pennsylvania (Act of July 3, 1963, P.L. No. 196). TOGETHER with all right title and interest of, in and to the common elements as more fully set forth in the aforesaid declaration of Condominium and Declaration Plans, as amended from time to time. THE GRANTEES, for and on behalf of the Grantees and the Grantees' heirs, personal representatives, successors and assigns, by the acceptance of this Deed, convent and agree to pay such charges for the maintenance of, repairs to, replacement of and expenses in connection with the Common Elements as may be assessed from time to time by the Executive Board in accordance with the Unit Property Act of Pennsylvania; and further covenant and agree that the unit conveyed by this Deed shall be subject to a charge for all amounts so assessed and that, except insofar as Sections 705 and 706 of said Unit Property Act and of applicable Sections of the Uniform Condominium Act, may relieve a subsequent unit owner of liability for prior unpaid assessments, this covenant shall run with and bind the land or unit hereby conveyed and all File #: 162583 subsequent owners thereof. THE GRANTEES, for and on behalf of the Grantees and the Grantees' heirs, personal representative, successors and assigns, by acceptance of this deed, acknowledge that this conveyance is subject in every respect to the Declaration, the Declaration Plans, Code of Regulations and all amendments thereto; and the Grantees further acknowledge that each and every provision of the foregoing is essential to the best interest and for the benefit of all unit owners therein. Grantees and all owners of units in said Condominium covenant and agree, as a covenant running with the land, to abide by each and every provision of said documents. THE GRANTEES, for and on behalf of the Grantees, ackowledge that the Grantees have received, no later that fifteen (15) days prior to this conveyance, a full and complete Public Offering Statement for Sunguild Condominium and, therefore, waive any and all rights under Section 3406(c) of the Uniform Condominium Act, as amended. UNDER AND SUBJECT, nevertheless, to all other conditions and restrictions of record, if any, as they may appear BEING THE SAME PREMISES which Judith E. Rizio, now known as Judith E. Shuller and Michael Shuller, her husband, by Deed dated September 18, 1998 and recorded September 22, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 185, Page 793, granted and conveyed unto Lee R. Bider. PREMISES: 1071 LANCASTER BOULEVARD, APT 14 PARCEL: 42-24-0792-041.-U 107114 File #: 162583 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $96,722.06, together with interest from 02/11/2008 at the rate of $15.06 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: 8X7? FRA IS SHALL AN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 162583 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. 4 Att ey for Plainti 1 p Sl DATE: ? 00 _.. _. _, LO Ov SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-01010 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS MACHELLA GAIL A ET AL 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 MACHELLA GAIL A AKA GAIL A DUNN but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT DUNN , 1071 LANCASTER BOULEVARD APT 14 MECHANICSBURG, PA 17055 GIVEN ADDRESS IS VACANT. NOT FOUND , as to MACHELLA GAIL A AKA GAIL A Sheriff's Costs: Docketing Service Not Found Surcharge old q/0 F So answers: 18.00 10.56 5.00 R. Tho s Kline 10.00 Sheriff of Cumberland County .00 43.56 PHELAN HALLINAN SCHMIEG 02/22/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01010 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS MACHELLA GAIL A ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MACHELLA GAIL A AKA GAIL A DUNN the DEFENDANT , at 2115:00 HOURS, on the 21st day of February-, 2008 at 22 SINCLAIR ROAD MECHANICSBURG, PA 17055 by handing to ADULT IN CHARGE MARK JANES, ROOMMATE 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 6.00 Service 9.60 Affidavit .00 Surcharge 10.00 .00 a?a9I6? 25.60 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 02/22/2008 PHELAN HALLINAN SCHMIEG By: ep y Sheriff A.D. 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 PHH MORTGAGE CORPORATION 3000 LEADENHALL ROAD OR 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1010 CIVIL TERM GAIL A. MACHELLA A/K/A GAIL A. DUNN 22 SINCLAIR ROAD MECHANCSBURG, PA 17055 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 GAIL A. MACHELLA A/K/A GAIL A. DUNN, 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 $96,722.06 Interest from 02/12/2008 to 03/31/2008 $737.94 TOTAL $97,460.00 DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ? PRO OTHY J 162583 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. 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 (2_15) 563-7000 PHH MORTGAGE CORPORATION Plaintiff Vs. GAIL A. MACHELLA A/K/A GAEL A. DUNN Defendants COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY :NO. 08-1010 CIVIL TERM TO: GAIL A. MACHELLA A/K/A GAIL A. DUNN 22 SINCLAIR ROAD MECHANICSBURG, PA 17055 DATE OF NOTICE: MARCH 1 R. 2008 A l 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 LINDA NGUYEN, Leg Assistant 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 PHH MORTGAGE CORPORATION 3000 LEADENHALL ROAD OR 4001 LEADENHALL ROAD CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. GAIL A. MACHELLA A/K/A GAIL A. DUNN Defendant(s). CIVIL DIVISION NO. 08-1010 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 GAIL A. MACHELLA A/K/A GAIL A. DUNN is over 18 years of age and resides at, 22 SINCLAIR ROAD, MECHANCSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. j DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff o ? r , - ? :? ? -,? o , ? ?" -r O ? ? ,-r„7 4 ; ? r r, N ? ! ....-.. + ti % ? ?._ ?.? ?. i . y? (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PHH MORTGAGE CORPORATION 3000 L,EADENHALL ROAD OR 4001 LEADENHALL ROAD Plaintiff, V. GAIL A. MACHELLA A/K/A GAIL A. DUNN CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1010 CIVIL TERM Defendant(s). DANIEL G. SCHMIEG, ESQUI 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." Notice is given that a Judgment in the above-captioned matter has been entered against you on Mnreh 31200 g. By: If you have any questions concerning this matter, please contact: ?'-' _ ?? -n _?, ,? ?;;: ?.,.;_ _?. _ r t. .? -?. ., ?.} A PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan, Esquire IDENTIFICATION NO. 62695 1617 JFK Boulevard, Suite 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION Plaintiff Vs. GAIL A. MACHELLA A/K/A GAIL A. DUNN Defendant(s) ATTORNEY FOR PLAINTIFF CUMBERLAND County Court of Common Pleas CIVIL DIVISION NO. 08-1010 CIVIL TERM FILE: 162583 LOAN # 0032310997 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. A Francis S. Hallinan, Esquire Attorney for Plaintiff Dated: 4/14/08 VERIFICATION \-& R n. :11 IA M i(A ?e hereby states that he/she is V?Ce 'Pees J04 i of PHH MORTGAGE CORPORATION, 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 unworn falsification to authorities. L Name: J,'CL2? -5. k l e- DATE: Title: r i Ge P2 e 5 i" cle"''!4 Company: PHH MORTGAGE CORPORATION Loan:0032310997 File #: 162583 PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan, Esquire IDENTIFICATION NO. 62695 1617 JFK Boulevard, Suite 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION Vs. GAIL A. MACHELLA A/K/A GAIL A. DUNN Plaintiff ATTORNEY FOR PLAINTIFF : CUMBERLAND County Court of Common Pleas CIVIL DIVISION NO. 08-1010 CIVIL TERM Defendant(s) FILE: 162583 LOAN # 0032310997 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Substitute Verification was sent via first class mail to the following on the date indicated below: GAIL A. MACHELLA A/K/A GAIL A. DUNN 1071 LANCASTER BOULEVARD, APT14 MECHANICSBURG, PA 17055 Francis S. Hal inan, Esquire Attorney for Plaintiff Dated: 4/14/08 r? rv C0 ?, V ? PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 PHH MORTGAGE CORPORATION Plaintiff, V. No. 08-1010 CIVIL TERM GAIL A. MACHELLA A/K/A GAIL A. DUNN Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 04/01/08 - 09/03/08 (per diem -$16.02) Add'I Costs TOTAL $97,460.00 $2,499.12 and Costs $2,838.50 $102,797.62 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. 162583 w? oz w> o H az z ?a off ° Uz w U d ?z a Oa ? x? x z? a ~" U e- o ? 00 CA h aE xA ?a dd i o g a a co ro r r O V w? o~ H? w an O? w? a wo W 9 a kn 0 d a a COO U z d V b a, U at z N _ -ci w r C? ;F oho W ;G ? oo?oc o D ? b -713 ? `tee o c? m c..7 9 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: GAIL A. MACHELLA A/K/A GAIL A. DUNN Debtor Bk. No. 1:07-bk-02903 MDF Chapter No. 07 PHH MORTGAGE CORPORATION, AS SERVICER FOR THE MORTGAGEE OF RECORD Movant V. GAIL A. MACHELLA A/K/A GAIL A. DUNN and Respondent MARKIAN R. SLOBODIAN, ESQUIRE (TRUSTEE) Respondents 11 U.S.C.§362 ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of PHH MORTGAGE CORPORATION, AS SERVICER FOR THE MORTGAGEE OF RECORD (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 1071 LANCASTER BLVD, MECHANCSBURG, PA 17055, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff s Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 4001(a)(3) is not applicable and PHH MORTGAGE CORPORATION, AS SERVICER FOR THE MORTGAGEE OF RECORD may immediately enforce and implement this Order granting relief from the automatic stay. By the Cow t, sy p duds (30K) Tots document is okchvnicafty stood acrd filed=ran Ae same date: Dated: October 17, 2007 ?r PHH MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS GAIL A. MACHELLA CIVIL DIVISION A/K/A GAIL A. DUNN NO. 08-1010 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) PHH MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,1071 LANCASTER BOULEVARD UNIT 14, MECHANCSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GAIL A. MACHELLA A/K/A GAIL A. DUNN 22 SINCLAIR ROAD MECHANCSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Last Known Address (if address cannot be reasonably ascertained, please indicate) 1071 LANCASTER BOULEVARD UNIT 14 MECHANCSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. May 9, 2008 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff C ? "Y3 -rim t rn C z 4J C ? - PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION Plaintiff, V. GAIL A. MACHELLA A/K/A GAIL A. DUNN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-1010 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 unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff r t`^ Fri. 7 ca d:, i - PHH MORTGAGE CORPORATION Plaintiff, V. GAIL A. MACHELLA A/K/A GAIL A. DUNN Defendant(s). CUMBERLAND COUNTY No. 08-1010 CIVIL TERM May 9, 2008 TO: GAIL A. MACHELLA A/K/A GAIL A. DUNN 22 SINCLAIR ROAD MECHANCSBURG, PA 17055 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 1071 LANCASTER BOULEVARD UNIT 14, MECHANCSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 3.2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $97,460.00 obtained by PHH MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this 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 dwelling unit situated in Sunguild Condominium, Upper Allen Township, Cumberland County, Pennsylvania, designated as Unit No. 1071-14, in the Declaration and Declaration Plans of Sunguild Condominium, dated December 6, 1979, and November 29, 1979, respectively, recorded December 12, 1979, in Cumberland County Misc. Book 249, Page 784, and Plan Book 37, Page 23, respectively, and Amendment to the Declaration and Declaration Plan of Sunguild Condominium both dated February 28, 1986, both recorded March 31, 1986 in Cumberland County Misc. Book 315, Page 804, and Plan Book 49, Page 129, respectively, under the provisions of the Unit Property Act of the Commonwealth of Pennsylvania (Act of July 3, 1963, P.L. No. 196). TOGETHER with all right title and interest of, in and to the common elements as more fully set forth in the aforesaid declaration of Condominium and Declaration Plans, as amended from time to time. THE GRANTEES, for and on behalf of the Grantees and the Grantees' heirs, personal representatives, successors and assigns, by the acceptance of this Deed, convent and agree to pay such charges for the maintenance of, repairs to, replacement of and expenses in connection with the Common Elements as may be assessed from time to time by the Executive Board in accordance with the Unit Property Act of Pennsylvania; and further covenant and agree that the unit conveyed by this Deed shall be subject to a charge for all amounts so assessed and that, except insofar as Sections 705 and 706 of said Unit Property Act and of applicable Sections of the Uniform Condominium Act, may relieve a subsequent unit owner of liability for prior unpaid assessments, this covenant shall run with and bind the land or unit hereby conveyed and all subsequent owners thereof. THE GRANTEES, for and on behalf of the Grantees and the Grantees' heirs, personal representative, successors and assigns, by acceptance of this deed, acknowledge that this conveyance is subject in every respect to the Declaration, the Declaration Plans, Code of Regulations and all amendments thereto; and the Grantees further acknowledge that each and every provision of the foregoing is essential to the best interest and for the benefit of all unit owners therein. Grantees and all owners of units in said Condominium covenant and agree, as a covenant running with the land, to abide by each and every provision of said documents. THE GRANTEES, for and on behalf of the Grantees, ackowledge that the Grantees have received, no later that fifteen (15) days prior to this conveyance, a full and complete Public Offering Statement for Sunguild Condominium and, therefore, waive any and all rights under Section 3406(c) of the Uniform Condominium Act, as amended. UNDER AND SUBJECT, nevertheless, to all other conditions and restrictions of record, if any, as they may appear. TITLE TO SAID PREMISES IS VESTED IN Gail A. Dunn, a single woman, by Deed from Gail A. Dunn, married person, dated 10/04/2001, recorded 11/05/2001, in Deed Book 249, page 478. PREMISES BEING: 1071 LANCASTER BOULEVARD UNIT 14, MECHANCSBURG, PA 17055 PARCEL NO. 42-24-0792-041.-U107114 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1010 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, Plaintiff (s) From GAIL A. MACHELLA a/k/a GAIL A. DUNN (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 $97,460.00 L.L.$ 0.50 Interest from 4/01/08 to 9/03/08 (per diem - $16.02) - $2,499.12 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $188.16 Other Costs $2,838.50 Plaintiff Paid Date: 5/12/08 Prothonotary (Seal) By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Deputy PHH Mortgage Corporation VS Gail A. Machella a/k/a Gail A. Dunn In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-1010 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff's Costs: Docketing Poundage Levy Law Library Prothonotary Mileage Surcharge Share of Bills Law Journal So Answers: R. Thomas Kline, Sheriff B Real Estate rgeant 30.00 1,992.00 15.00 .50 2.00 10.00 20.00 17.64 355.00 $2,442.14 ???' Ck x•3117 au,, ?? r 3 pY r-3 0 r` . ?! co i PHH MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS GAIL A. MACHELLA CIVIL DIVISION A/K/A GAIL A. DUNN NO. 08-1010 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) PHH MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,1071 LANCASTER BOULEVARD UNIT 14, MECHANCSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GAIL A. MACHELLA A/K/A GAIL A. DUNN 22 SINCLAIR ROAD MECHANCSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 1071 LANCASTER BOULEVARD UNIT 14 MECHANCSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. May 9.2008 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff T PHH MORTGAGE CORPORATION Plaintiff, V. GAIL A. MACHELLA A/KIA GAIL A. DUNN Defendant(s). CUMBERLAND COUNTY No. 08-1010 CIVIL TERM May 9, 2008 TO: GAIL A. MACHELLA A/K/A GAIL A. DUNN 22 SINCLAIR ROAD MECHANCSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED 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, 1071 LANCASTER BOULEVARD UNIT 14, MECHANCSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 3, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $97,460.00 obtained by PHH MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as 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 t4OTICE: This property is sold at the direction of the plaintiff. It mmy 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 dwelling unit situated in Sunguild Condominium, Upper Allen Township, Cumberland County, Pennsylvania, designated as Unit No. 1071-14, in the Declaration and Declaration Plans of Sunguild Condominium, dated December 6, 1979, and November 29, 1979, respectively, recorded December 12, 1979, in Cumberland County Misc. Book 249, Page 784, and Plan Book 37, Page 23, respectively, and Amendment to the Declaration and Declaration Plan of Sunguild Condominium both dated February 28, 1986, both recorded March 31, 1986 in Cumberland County Misc. Book 315, Page 804, and Plan Book 49, Page 129, respectively, under the provisions of the Unit Property Act of the Commonwealth of Pennsylvania (Act of July 3, 1963, P.L. No. 196). 14 TOGETHER with all right title and interest of, in and to the common elements as more fully set forth in the aforesaid declaration of Condominium and Declaration Plans, as amended from time to time. THE GRANTEES, for and on behalf of the Grantees and the Grantees' heirs, personal representatives, successors and assigns, by the acceptance of this Deed, convent and agree to pay such charges for the maintenance of, repairs to, replacement of and expenses in connection with the Common Elements as may be assessed from time to time by the Executive Board in accordance with the Unit Property Act of Pennsylvania; and further covenant and agree that the unit conveyed by this Deed shall be subject to a charge for all amounts so assessed and that, except insofar as Sections 705 and 706 of said Unit Property Act and of applicable Sections of the Uniform Condominium Act, may relieve a subsequent unit owner of liability for prior unpaid assessments, this covenant shall run with and bind the land or unit hereby conveyed and all subsequent owners thereof. THE GRANTEES, for and on behalf of the Grantees and the Grantees' heirs, personal representative, successors and assigns, by acceptance of this deed, acknowledge that this conveyance is subject in every respebt to the Declaration, the Declaration Plans, Code of Regulations and all amendments thereto; and the Grantees further acknowledge that each and every provision of the foregoing is essential to the best interest and for the benefit of all unit owners therein. Grantees and all owners of units in said Condominium covenant and agree, as a covenant running with the land, to abide by each and every provision of said documents. THE GRANTEES, for and on behalf of the Grantees, ackowledge that the Grantees have received, no later that fifteen (15) days prior to this conveyance, a full and complete Public Offering Statement for Sunguild Condominium and, therefore, waive any and all rights under Section 3406(c) of the Uniform Condominium Act, as amended. UNDER AND SUBJECT, nevertheless, to all other conditions and restrictions of record, if any, as they may appear. TITLE TO SAID PREMISES IS VESTED IN Gail A. Dunn, a single woman, by Deed from Gail A. Dunn, married person, dated 10/04/2001, recorded 11/05/2001, in Deed Book 249, page 478. PREMISES BEING: 1071 LANCASTER BOULEVARD UNIT 14, MECHANCSBURG, PA 17055 PARCEL NO. 42-24-0792-041.-U 107114 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1010 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, Plaintiff (s) From GAIL A. MACHELLA a/k/a GAIL A. DUNN (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 $97,460.00 L.L.$ 0.50 Interest from 4/01/08 to 9/03/08 (per diem - $16.02) - $2,499.12 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $188.16 Plaintiff Paid Date: 5/12/08 (Seal) Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Other Costs $2,838.50 Prothonotary By: Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 37 On May ,14, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 1071 Lancaster Blvd, Unit 14, Mechanicsburg, , more fully described on Exhibit "A" filed with t4is writ and by,this reference incorpo ted'herein. Date:. May 14, 2008 By: Real Estate rgeant kin CZ Qd EI OW 8001 331U3HS, 1 --,j ! 'C PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA 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, July 18, 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 sttneatta as to time, place and character of publication are true. Marie Cov>Le. Editor SWORN TO AND SUBSCRIBED before me this 18 day of July, 2008 R Notary NOTARIAL SEAL DEBORAH A COLLINS Notary PublIC CARLISLE BORO. CUMBERLAND COUNTY My Cornrnhion E>q*es Apr 28, 2010 ISM gplAW WM !f• W Writ No. 2008-1010 Civil PHH Mortgage Corporation VS. Gail A. Machella a/k/a Gail A. Dunn Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN dwelling unit situated in Sunguild Condominium, Upper Allen Township, Cumberland County, Pennsylvania, designated as Unit No. 1071-14, in the Declaration and Declaration Plans of Sunguild Condominium, dated December 6, 1979, and November 29, 1979, respectively, recorded December 12, 1979, in Cumberland County Misc. Book 249, Page 784, and Plan Book 37, Page 23, respectively, and Amendment to the Declaration and Declaration Plan of Sunguild Con- dominium both dated February 28, 1986, both recorded March 31, 1986 in Cumberland County Misc. Book 315, Page 804, and Plan Book 49, Page 129, respectively, under the pro- visions of the Unit Property Act of the Commonwealth of Pennsylvania (Act of July 3, 1963, P.L. No. 196). TOGETHER with all right title and interest of, in and to the common elements as more fully set forth in the aforesaid declaration of Condo- minium and Declaration Plans, as amended from time to time. THE GRANTEE8, for ana on be- half of the Grantees and the Grant- ees' heirs, personal representatives, successors and assigns, by the ac- ceptance of this Deed, convent and agree to pay such charges for the maintenance of, repo" to, repisce- ment of and expenses in connection with the Common Elements as may be assessed from time to time by the Executive Board in accordance with the Unit Property Act of Penn- sylvania; and further covenant and agree that the unit conveyed by this Deed shall be subject to a charge for all amounts so assessed and that, except insofar as Sections 705 and 706 of said Unit Property Act and of applicable Sections of the Uniform Condominium Act, may relieve a subsequent unit owner of liability for prior unpaid assessments, this covenant shall run with and bind the land or unit hereby conveyed and all subsequent owners thereof. THE GRANTEES, for and on be- half of the Grantees and the Grant- ees' heirs, personal representative, successors and assigns, by accep- tance of this deed, acknowledge that this conveyance is subject in every respect to the Declaration, the Dec- laration Plans, Code of Regulations and all amendments thereto; and the Grantees further acknowledge that each and every provision of the fore- going is essential to the best interest and for the benefit of all unit owners therein. Grantees and all owners of units in said Condominium covenant and agree, as a covenant running with the land, to abide by each and every provision of said documents. THE GRANTEES, for and on be- half of the Grantees, ackowledge that the Grantees have received, no later that fifteen (15) days prior to this con- veyance, a full and complete Public Offering Statement for Sunguild Con- dominium and, therefore, waive any and all rights under Section 3406(c) of the Uniform Condominium Act, as amended. UNDER AND SUBJECT, never- thcleas, to all other conditions and restrictions of record, if any, as they M" appear. TITLE TO SAID PUMS 18 VESTED IN Gail A. Dunn, a stngte woman, by Deed from Gail A. Dunn, married person, dated 10/04/2001, recorded 11/05/2001, in Deed Book 249, page 478. PREMISES BEING: 1071 LAN- CASTER BOULEVARD UNIT 14, MECHANCSBURG, PA 17055. PARCEL NO. 42-24-0792-041.-