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HomeMy WebLinkAbout04-0377FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff WILLIAM LEONARD 2009 DICKINSON AVENUE CAMP HILL, PA 17011 COURT OF COMMON PLEAS CWIL DIVISION TERM NO. oq'-- 3q'7 CUMBERLAND COUNTY KATHY LEONARD 2009 DICKINSON AVENUE CAMP HILL, PA 17011 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File #: 86404 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 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. F/leg: 86404 Plaintiffis MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this achon, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 The name(s) and last known address(es) of the Defendant(s) are: WILLIAM LEONARD 2009 DICKINSON AVENUE CAMP HiLL, PA 17011 KATHY LEONARD 2009 DICKINSON AVENUE CAMP HiLL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 04/12/1994 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLATTE VALLEY FUNDING, LP which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1210, Page 158. By Assignment of Mortgage recorded 4/19/1999 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 610, Page 151. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 86404 6. The following amounts are due on the mortgage: Principal Balance Interest 08/01/2003 through 01/27/2004 (Per Diem $14.38) Attorney's Fees Cumulative Late Charges 04/12/1994 to 01/27/2004 Cost of Suit and Title Search Subtotal $57,537.52 2,588.40 1,250.00 137.80 $ 550.00 $ 62,063.72 Escrow Credit 0.00 Deficit 99.94 Subtotal $ 99.94 TOTAL $ 62,163.66 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 9I of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 62,163.66, together with interest from 01/27/2004 at the rate of $14.38 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDE~/IAN ANJ~ t~I~EL~k~q, LLP FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALL1NAN, ESQUIRE Attorneys for Plaintiff File #: 86404 PRI~4ISES BEING: 2009::DICKINSON AVENUE VERIFICATION MICHAEL D. VESTAL hereby states that he is VICE PRESIDENT of COUN I'RYWlDE HOME LOANS, ]NC. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: SHERIFF'S RETURN - CASE NO: 2004-00377 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS LEONARD WILLIAM ET AL REGULAR VALERIE WEARY , Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 4£h day of February by handing to ADULT IN CHARGE - MORT FORE together with says, the within COMPLAINT - MORT PORE LEONARD WILLIAM DEFENDANT at 1725:00 HOURS, on the at 2009 DICKINSON AVENUE CAMP HILL~ PA 17011 KATHY LEONARD, a true and attested copy of COMPLAINT 2004 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10~00 .00 38.35 Sworn and Subscribed to before me this /~--~ day of i~.~ ~ ~OV A.D. / JProthonotary ' So Answers: 02/05/2004 FEDERMAN & PHELAN SHERIPP'S RETURN - REGULAR CASE NO: 2004-00377 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS LEONARD WILLIAM ET AL VALERIE WEARY Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE LEONARD KATHY DEPENDANT , at 1725:00 HOURS, at 2009 DICKINSON AVENUE CAMP HILL, PA 17011 KATHY LEONARD a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 4th day of February 2004 by handing to - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /3 ~ day' of -- ~Prothonotary z ~ · R. Thomas Kline 02/05/2004 FEDERMAN & PHELAN By: Deputy FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DR/VE, SUITE 350 MCLEAN, VA 22102 Plaintiff, WILLIAM LEONARD KATHY LEONARD Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 04-377 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly emer an in rem judgment in favor of the Plaintiff and against WILLIAM LEONARD and KATHY LEONARD, 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 Plaintiff's damages as follows: As set forth in Complaint Interest from 1/27/04 to 3/8/04 TOTAL $62,163.66 $603.96 $62,767.62 I hereby certify that (1) the addresses of the Plaintiffand Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROTItY SHERIFF'S RETURN - REGULAR CASE NO: 2004-00377 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS LEONARD WILLIAM ET AL VALERIE WEARY , Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 4th day of February , by handing to ADULT IN CHARGE and attested copy of COMPLAINT - MORT FORE together with says, the within COMPLAINT - MORT FORE LEONARD WILLIAM DEFENDANT , at 1725:00 HOURS, on the at 2009 DICKINSON AVENUE CkMP HILL, PA 17011 KATHY LEONARD, a true 2004 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed ~o before me this day of A.D. So Answers: R. Thomas Kline 02/05/2004 FEDERMAN & PHELAN Prothonotary FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LA~WRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (?] s) s6~-7ooo MORTGAGE ELECTRONIC SYSTEMS, INC. Plaintiff REGISTRATION VS. WILLIAM LEONARD KATHY LEONARD Defendants ATTORNEY FOR PLA1NTII?F : COURT OF COMMON PLEAS : CIVIL DMSION : CUMBERLAND COUNTY : NO. 04-377 CML TERM TO: WILLIAM LEONARD 2009 DIVKINSON AVENUE CAMPItILL, PA 17011 FILE COPY DATE OF NOTICE: FEBRUARY 25, 2004 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. 1F 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 L3,WRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (91 '5) '563-7000 MORTGAGE ELECTRONIC SYSTEMS, INC. Plaintiff REGISTRATION WILLIAM LEONARD KATHY LEONARD Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 04-377 CML TERM TO: KATHY LEONARD 2009 D1VKINSON AVENUE CAMPHILL, PA 17011 DATE OF NOTICE: FEBRIIARY 2% 2004 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 1N 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 Plaintiff, WILLIAM LEONARD KATHY LEONARD Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-377 CIVIL TERM VER/FICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant WILLIAM LEONARD is over 18 years of age and resides at, 2009 DICKINSON AVENUE, CAMP HILL, PA 17011. (c) that defendant KATHY LEONARD is over 18 years of age, and resides at, 2009 DICKINSON AVENUE, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to anthor/ties. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, $ITOATE, LYING AND BEING IN THE BOROU~ OF CAMP HILL IN THE COUNTY OF CUI~BERLAND ~ L°OMMON~VEALTH OF PENNSLVANIA, MORE PARTICtlLARLY DESCRIBED A~ FOLLOW: BEGINNING AT A POINT ON THE SOUTHERLY L/NE OF DICK/~tSON AVENUE, S0 FEEl' WIDE, AT THE DIVIDING LINE BETWEEN LOTS NOS. 138 AND 139, SECTION "DT' OF THE HEREINAFTER MENTIO/gED fLAg OF LOTS; THENCE SOUTH 7 DEGREES 1Z bITNUTE~ EAST ALO/qG SAID DIVIDING LINE IS0 FEET TO LOT NO. IZS; THENCE.SOUTH 82 DEGREES 46 MINUTES WEST, ALONG LOT~ NOS. 128 AND 127, 60 FEE~,TO LOT NO. 140; THENCE HURT/! 7 DEGREES IZ MINI/TES WERE, ALONG SAID LOT NO. id0, 1~0 FEET TO THE $OLITHERN LINE OF DICK, D~SON AVENUE; THENCE NORTH 8.T DEGREES 48 MINUTES EAST ALONG THE SOUTHERLY LINE OF DICKINSON AVENUE 6~ FEET TO A POINT, THE PLACE OF BEGINNING. BEING LOT NO. 139, SECTION "D" IN THE PLAN OF COLLEGE PARK ILS RECORDED IN THE CUMBERLAND COLq~TY RECORDER OF DEEDS OFFICE IN I~AN BOOK NOt 4, PAGE 1~$, AND HAVING THEREON ERECTED A ONE STORY BRICK DWELLING HOI~E KNOWN AND NUMBERED A$ ~09 DICKINSON AVENUE. UNDER AND SUB, IECT TO ALL ACT~ OF ~SSEMBLY, COUNTY AND TOWN$1III! ORDINANCES, B, IGHTS OF PUBLIC UTILITy AND PUBLIC ~ERVICE COMPANIE,S, EXISTING RESTRICTIONS AND EASEMENTS VISIBLE OR OF RECORD TO TH E ESTENT THAT ~ P ER,~O'N$ OR E/~I'ITI~ HAVE ACQUIRED LEGAL RIGHTS THERETO. BEING THE SAME PREMISES WHICH DANN M. LEES~aND CHERYL ANN LEES, HUSBAND AND WIFE, BY DEED DATED SEIrTEMBER 7, 1~90 AND RECORDED SEPTEMBER 12, 1990 IN THE OPFICE OF THE RECORDER OF DEEDS IN AN FOR CUMBERLAND COUNTY IN RECORD BOOK T-34, PAGE 847, GRANTED AND CONVEYED U~YO WILLIAM LEONARD AND KATHy LEONARD, H~BAND ~ND WIFE, MORTGAGORS HEREIN. PROPERTY ADDRESS: 2009 DICKINSON AVENUE, CAMP HILL, PA 17011 TAX PARCEL: # 01-22-05-36 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, WILLIAM LEONARD KATHY LEONARD Defendant(s). No. 04-377 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 3/8/04 to JUNE 9, 2004 (per diem -$10.32) TOTAL $63,727.38 $62,767.62 $959.76and Costs FRANK FEDERMAN, ESQUIRE One Perm 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. LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OR PARCEL OF LAINO ~qD PREMISES, SITUATE, LYING AND BEING IN THE BOROUC*H OF CAMP HILL IN THE COUNTY OF CUMBERLAND ~ COMMONWEALTH OF PENNSLVANIA, UNDER ANI) SUBJECT TO ALL ACT~ OF ASSEMBLY, COUNTY AND TOWNSIIIP ORDINANCES. RIGH~ OF PROPERTY ADDRESS: 2009 DICKINSON AVENUE, CAMP HILL, PA 17011 TAX PARCEL: # 01-22~05-36 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-377 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From WILLIAM LEONARD AND KATHY LEONARD (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 t~as been added as a garnishee and is enjoined as above stated. Amount Due $62,767.62 L.L. $.50 Interest FROM 3/8/04 TO 6/9/04 (PER DIEM - $10.32) - $959.76 AND COSTS Atty's Corem % Due Prothy $1.00 Atty Paid $136.35 Other Costs Plaintiff Paid Date: MARCH 9, 2004 (Seal) CURTIS R. LONG Prothonotary By: ~,,~ -,~') REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 ~IOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Deputy FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (213) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, WILLIAM LEONARD KATHY LEONARD Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-377 CML TERM CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin 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. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, WILLIAM LEONARD KATHY LEONARD Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-377 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Pl~fintiffin the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ~2009 DICKINSON AVENUE, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WILLIAM LEONARD 2009 DICKINSON AVENUE CAMP HILL, PA 17011 KATHY LEONARD 2009 DICKINSON AVENUE CAMP HILL, PA 17011 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: Sallie Michael B. Gipe Borough of Camp Hill Dennis O. Jackson DMD Last Known Address (if address cannot be reasonably ascertained, please indicate) 330 West Alien Street Mechaniesburg, PA 17055 2145 Walnut Street Camp Hill, PA 17011 212 S Sporting Hill Road Mechanicsburg, PA 17050 4. Name and address of last recorded holder of every mortgage of record: maine 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 2009 DICKINSON AVENUE CAMP HILL, PA 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree 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 unswom falsification to authorities. March 8, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, WILLIAM LEONARD KATHY LEONARD Defendant(s). TO: WILLIAM LEONARD 2009 DICKINSON AVENUE CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 04-377 CIVIL TERM March 8, 2004 KATHY LEONARD 2009 DICKINSON AVENUE CAMP HILL, PA 17011 **THIS FIRM IS .4 DEBT COLLECTOR ,4TTEMPTING TO COLLECTA DEBTAND ,4NYINFORM,4TION OBT,4INED WILL BE USED FOR TH,4 T PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED ,4 DISCHARGE IN B,4NKRUPTCYAND THIS DEBT W,4S NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE TTEMPT TO COLLECT,4 DEB T, B UT ONLY ENFORCEMENT OF A LIEN ,4 G,41NST PROPERTY. * * Your house (real estate) at, 2009 DICKINSON AVENUE, CAMP HILL, PA 17011, is scheduled to be sold at the ShcrifPs Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $62,767.62 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 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: 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. 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 Corm 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 mount 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 Sheriffwithin 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 Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATF~ LYING AND BEING IN THE BOROUGH OF CAMP HILL IN THE COUNTY OF CUMBERLAND ~ COMMON%VEALTH OF PENNSLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOW: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF DICKINSON AVENUE, $0 FEET WIDF~ AT THE DIVIDING LINE BETWEEN LOTS NOS. 138 AND 139, SECTION 'D" OF THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE SOUTH 7 DEGREES 12 blINUTES EAST ALONG SAID DIVIDING LINE IS0 FEl~r TO LOT NO. 128; THENCE SOUTH 82 DEGREES 48 MINUTES WESI~, ALONG LOTS NOS. 128 AND 127, 60 FEET~TO LOT NO. 140;, THENCE NORTH 7 DEGREES 1! MINUTES WEST, ALONG SAID LOT NO. 140,1~0 FEEY TO TIlE SOUTtlERN LINE OF DICK/NSON AVENUE; THENCE NORTH 83 DEGREES 48 MINUTES EAST ALONG THE SOUTHERLY LINE OF DICKINSON AVENUE 6~ FEET TO A POINT, THE PLACE OF BEGINNING. BEING LOT NO. 139, SECTION 'D' IN THE PLAN OF COLLEGE PARK ~ RECORDED IN THE CUMBERLAND COUNTY RECORDER OF DEEDS OFFICE IN PLAN BOOK NO. 4, PAGE 10S, AN~ HAVING THEREON ERECTED A ONE STORY BRICK DWELLING HOUSE KNOWN AND NUMBERED AS 2009 DICKINSON AVENUE. UNDER AND SUBJECT TO ALL ACTS OF ASSEMBLY, COUNTY AND TOWNSIIIP ORDINANCES, RIGHTS OF PUBLIC UTILITY AND PUBLIC SERVICE COMPANIES. EXIST/NG RESTRICTIONS AND EASEMENTS VISIBLE OR OF RECORD TO THE ESTENT THAT ANy PERSONS OR ENTITLES HAVE ACQUIRED LEGAL RIGHTS THERETO. BEING TIlE SAME PREMISES WHICH DANN M, LEF.~ AND CHERYL ANN LEFt, IIUSBAND AND WIFE, BY DEED DATED SEI~-FEMBER 7, 1990 AND RECORDED SEPTF~MB~R 12, 19~90 IN THE OFFICE OF THE RECORDER OF DEEDS IN AN FOR CUMBERLAND COUNTY IN RECORD BOOK T-34, FAGE ~47, GRANTED Ah'D CONVEYED UNTO WILLIAM LEONARD ~ KATHy LEONARD, HHSIIAND AND WIFE, MORTGAGORS IIEREIN. PROPERTY ADDRESS: 2009 DICKiNSON AVENUE, CAMP HILL, PA 1701 l TAX PARCEL: # 01-22-05-36 AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DErE VOA T(S) WILLIAM LEONARD KATHY LEONARD SERVE WILLIAM LEONARD AT 2009 DICKINSON AVENUE CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 04-377 CIVIL TERM ACCT. #9501508 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 9, 2004 SERVED Served and made known to ~'~:\~'~'~ ~'~"~'~'~' ,Defendant, onthe /~t~ o£Pennsylvania, in the manner described below: Defendant personally served. day of ~'~.(~,.n , 200_1~,[ , Commonwealth __Adult family member with whom Defendant(s) reside(s). Relationship is __Adult in charge of Defendant(s)'s residence who refused to give name or rehitionship. __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 ofbnsiness. an officer of said Defendant(s)'s company. Other: [~$ Description: Age ~"'F_.~ Height ~'/[ Weight [ ~0 Race ~t~h Sex ~ Other ~ g(.l~',~b" I, C~¥e ,ar.t.L., ~.-~[ ?3~'-~r , a competent adult, being duly sworn according to law, depose and state that I personally handed a tree and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issu_ed in the captioned case on the date and at the address indicated above. I L NOTARIALaEAL [ I I Sworn to and subs~co~ed I ~i~iF~.~k~ ~ I bef°jre me this fl3 *q daYNotat~yof/qa~, 200.~. !~~. ' ~-' By: ~ ~.__~_._ (( ~l '01~~ ~' '~0'~ ID PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTE . NOT SERVED On the day of ,200__, at o'clock __.m., Defendant NOT FOUND because: __ Moved Unknown__ No Answer __ Vacant 1st Attempt:. / / Time: : 2nd Attempt: / / Time: : - 3rd Attempt: / / Time: : Sworn to and subscribed before me this day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DEFENDANT(S) WILLIAM LEONARD KATHY LEONARD SERVE KATHY LEONARD AT 2009 DICKINSON AVENUE CAMP HILL, PA 17011 CUMBERLAND COUNTY ]No. 04-377 CIVIL TERM ACCT. #9501508 Type of Action -- Notice of Sheriff's Sale ',Sale Date: JUNE 9, 2004 PJT SERVED Served and made known to ~ k ~ ~,- ~ , Defendant, on the ,200~,at (~It~[,o'clock~Q.m.,at ,a~Oq, 0 , Co~onwealth of Pe~sylv~a, ~ ~e ~er described below: dayof ]~2r~.(. ~ Defendant personally served. I ~:~7-Adult family member with whom Defendant(s) reside(s). Relationship is ~l~ ~..~ ~k __ 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: ID' Description: Age ~-"C) Height ~.~/I Weight /~0 Race {A)~ Sex ~ Other ~' ~i"~S~ I, C/~te'~sa~- [~, C-~r~.~{ f'~-,Va competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed befm;e, methis /5/~lay /~ ~ ~ of ,, , /,// PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DA~ES~ ATTEMPTED. LUClLLE H, CA:I?L P'~t~rv ~ rIMES OF SERVICE NOT SERVED On the day of ,200__, at o'clock __.1~, Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: / / Time: : : 2"a Attempt: / / Time: 3rd Attempt: / / Time: : Sworn to and subscribed before me this day of ., 200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 Mortgage Electronic Registration Systems, Inc. VS William Leonard and Kathy Leonard In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-377 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Poundage 214.96 Posting Handbills 15.00 Advertising 15.00 Mileage 20.70 Levy 15.00 Surcharge 30.00 Law Journal 122.80 Share of Bills 29.26 Law Library .50 Prothonotary 1 $494.22 paid by attorney 05/25/04 Sworn and subscribed to before me This ,~t 2 day of 'D~ 2004, A.D. ~ ~. ')¢q~f4~ Prothonotary So Answers: Real Estate Deputy MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. WILLIAM LEONARD KATHY LEONARD Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-377 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as &the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,2009 DICKINSON AVENUE, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WILLIAM LEONARD 2009 DICKINSON AVENUE CAMP HILL, PA 17011 KATHY LEONARD 2009 DICKINSON AVENUE CAMP HILL, PA 17011 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: Nanle Michael B. Gipe Borough of Camp Hill Dennis O. Jackson DMD Last Known Address (if address cannot be reasonably ascertained, please indicate) 330 West Allen Street Mechanicsburg, PA 17055 2145 Walnut Street Camp Hill, PA 17011 212 S Sporting Hill Road Mechanicsburg, PA 17050 '4. Name and address of last recorded holder ofev6ry 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. manle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Nalne Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 2009 DICKINSON AVENUE CAMP HILL, PA 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 8, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, WILLIAM LEONARD KATHY LEONARD Defendant(s). TO: WILLIAM LEONARD 2009 DICKINSON AVENUE CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 04-377 CIVIL TERM March 8, 2004 KATHY LEONARD 2009 DICKINSON AVENUE CAMP HILL, PA 17011 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 2009 DICKINSON AVENUE, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on ,1UNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $62,767.62 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 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: 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. 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 Sheriffthe full mount 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 Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISE~, SITUATE, LYING AND BEING IN THE BOROUGH OF CAMP HILL IN THE COUNTY OF CUMBERLAND A/q) COMMONWEALTH OF PENNSLVANIA, MORE PARTICULARLY DESCRIBE1) AS ~OLLOW: BEGINNING AT A ~OINT ON THE SOUTHERLY LiNE OF DICF&NSON AVENUE, 50 FEET WIDE, AT THE DIVIDIP4G LINE BETWEEN LOTS NOS. 135 AND 13~, SECTION ~D~' OF THE HEREINAFTER MENTIONEI) PLAN OF LOTS; THENCE SOUTH 7 DEGREES 12 b~IHIJTES EAST ALO~qG SAID DI¥1DING LINE 150 FEINT TO LOT NO. ! 28; THENCE SOUTH 82 DEGREES 45 MINUTES WF~T, ALONG LOTS NOS. 128 AND 127, 60 FEET.~TO LOT NO. 140, THENCE NORTH 7 DEGREES 12 MINUTES WEST, ALONG SAID LOT NO. 140,150 I~EET TO THE SoIYrIIERN LINE OF DICKINSON AVENUE~ THENCE NORTH 83 DEGREES 48 MIHUTE~ EAST ALONG THE SOUTHERLY LINE OF DICKINSON AVENUE 66 PEET TO A POINT, THE PLACE OF BEGINN1NG~ BEING LOT NO. 139, SECTION "D" IN TIlE pIAN OF COLLEGE PARK AS RECORDED lin THE CUMBERLAND COUNTY RECORDER OF DEEDS OFFICE IN PLAN BOOK NO. 4, PAGE 108, AND HAVING THEREON ERECTED A ONE STORY BRICK DWELLING HOUSE lO, OWN AND NUMBERED AS 2009 DICKINSON AVENIJF~ UNDER AMI) SUI~ECT TO ALL ACTS OF ASSEMBLY, COUNTY AN1) TOWNSilIP ORDINANCES, RIGHTS OF BEING THE SAME PRKM1SES WHICH DANN M. LEF~ AND CHERYL ANN LEES, HUSBAND AND WIFE, BY DEED PROPERTY ADDRESS: 2009 DICKINSON AVENUE, CAMP HILL, PA 17011 TAX PARCEL: # 01-22-05-36 Real Estate Sale #65 On March 10, 2004 the sheriff levied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, PA Known and numbered as 2009 Dickinson Ave., Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 10, 2004 By: , Real Estate Deputy PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE 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: APRIL 16, 23, 30, 2004 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 tree. REAL ESTATE ~LE NO, 65 Writ No. 2004-377 Civil Mortgage Electronic Registration Systems. lnc. vs. William Leonard and Kathy Leonard Atty.: Frank Federman LEGAL DESCRIPTION ALL THAT CERTAIN tract or par- eel of land and premises, situate, ly- ing and being In the Borough of Camp Hill In the County of Cumberland and Commonwealth of PennslvanJa, more particularly described as fol- low: BEGINNING at a point on the southerly line of Dickinson Avenue, 50 feet wide, at the dividing line between Lots Nos. 138 and 139. Sec- tion "D" of the hereinafter mentioned plan of lots; thence South 7 degrees 12 m/nutes East along said dividing line 150 feet to Lot No. 128; thence South 82 degrees 48 minutes West, aJong Lots NOS 128 and 127, 60 feet ~i~ ~irie Coyn~,~ditor SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 BEGINNING at a point on the southerly line of Dickinson Avenue, 50 feet wide, at the dividing line between Lots Nos. 138 and 139, Sec- lion 'D" of the hereinafter mentioned plan of lots; thence South 7 degrees 12 minutes Bast along said dividing line 150 feet to Lot No. 128: thence South 82 degrees 48 rmnutes West, a/ong Lots Nos 128 and 127, 60 feet to Lot No. 140: thence North 7 de- grees 12 minutes West, along said Lot No. 140, 150 feet to the south- ern line of Dickinson-Avenue: thence North 83 degrees 48 minutes Bast along the southerly line of Dickinson Avenue 60 feet to a point, the place of beginrdng. BEING Lot No. 139, Section ~D" in the plan of College Park as re- corded in the Cumberland County Recorder of Deeds Office in Plan Book No. 4, Page 108, and having thereon erected a one story brick dwelling house known and num- bered as 2009 Dickinson Avenue. UNDER AND SUBdECT to all Acts of A~sembly, county and township ordinances, rights of public utility and public serv-ice companies, ex- Isting restrlctions and easements vis- thle or of record to the estent that any persons or entitles have acquired legal rights thereto. BEING THE SAM. B PREMISES which Dann M. Lees and Cheryl Ann Lees, husband and wife, by deed dated September 7, 1990 and re- corded September 12, 1990 in the Office of the Recorder of Deeds in an for Cumberland County in Rec- ord Book ?-34, Page 847, granted and conveyed unto William Leonard and Kathy Leonard, husband and wlfe, mortgagors herein. Vesting Information: Vested by: Special Warranty Deed dated 9-7-90, g/yen by Dann M. Lees and Cheryl Ann Lees, husband and wife to William Leonard and Kathy Leonard, husband and wife record- ed 9-12-90 in Book: T34 Page 847. PROPERTY ADDRESS: 2009 Dickinson Avenue. Camp Hill, PA 17011. TAX PARCEL: # 01-22-05-36. ' ffEDERMAN AND PHELAN, LLP By: Fra .nk Federman, Esquire Atty. I.D. No.: 12248 Orle Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. WILLIAM LEONARD KATHY LEONARD Plaintiff Co,art of Common Pleas CUMBERLAND County No. 04-377 C.T. Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT~ VACATE JUDGMENT AND DISCONTINUE AND END ACTION~ WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, vacate the judgment entered on 03/09/04 in the amount of $62,767,62 and mark this case discontinued and ended, upon payment of your costs only. Date Frank Federman Attorney for Plaintiff