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HomeMy WebLinkAbout04-0457 FEDERMAN 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 COUNTRYWIDE HOME LOANS, INC, 7105 CORPORATE DRIVE PLANO, TX 75024 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM v. NO, 01../ -.1.t~7 (},'uJ,~ y~ CUMBERLAND COUNTY MARK R. KLINE I 122 PHEASANT DRIVE NORTH CARLISLE, PAl 70 13 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 wamed 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, CUMBERLAND COUNIY CUMBERLAND COUNIY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (7] 7) 249-3 I 66 File #: 86843 File #: 86843 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 MA Y 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COUNTRYWIDE HOME LOANS, INC, ) CIVIL ACTION ) vs, MARK R, KLINE ) CIVIL DIVISION ) NO. 04-457 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G, SCHMIEG, ESQUIRE attorney for COUNTRYWIDE HOME LOANS. INC. hereby verify that on ~ true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto, DATE: August 4. 2005 ,ESQUIRE COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. MARK R. KLINE CIVIL DIVISION Defendant(s), NO. 04-457 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No, I) COUNTRYWIDE HOME LOANS, INC" Plaintiff in the above action, by its attorney, DANIEL G, SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,1122 PHEASANT DRIVE NORTH, CARLISLE, FA 17013 , L Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MARK R. KLINE 1122 PHEASANT DRIVE NORTH CARLISLE, PA 17013 2. Name and address ofDefendant(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 oflast recorded holder of every mortgage of record: Name Last Known Address (if address call1ll; :. reasonably ascertained, please indic]I(: CITIFINANCIAL, INC. 1 VALLEY STREET, SUITE 100 CARLISLE, P A 17013 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cai."c I reasonably ascertained, please jndicaU None 6, Name and address of every other person who has any record interest in the property . " interest may be affected by the sale, Name Last Known Address (if address cm if'; '. reasonably ascertained, please indi,> None 7, Name and address of every other person of whom the plaintiff has knowledge who' ..,st in the property which may be affected by the sale: Name Last Known Address (if address (;1' ". , reasonably ascertained, please inti,:, Tenant/Occupant 1122 PHEASANT DRIVE NORn CARLISLE, PA 17013 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 b., knowledge or information and belief. I understand that false statements herein arc ,,'" penalties of/8 Pa, C.S, Sec. 4904 relating to unsworn falsification to authorities. Mav 5,2005 DATE !~!~~Ri' Attorney for Plaintiff t'" ~... 5' ;;;'0 - - ~ .. '-" '" - g e. - - - - ~ ~ --> '" " . z v. .. '-" '" - "" it ~ ~s.. 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'5 ..-- PlUtE't &OWE ,,:~ 8'" "".. . ~ '&~ ".: > " 021A $ 01. ~~.~ z :iff./":. t 0004~OO~ 11 MAY 06 l ~.~ " .. MAilED FROM ZIPCOOE 1 / . 0>'2 .....<:l<" oo~S to '" to ::0 '" .. <:l<"'::o ~ <:l< .,,-0'" ~~~~ .,-.l."t"" g-og> "g,S:iZ ~. >Tj O;r:: ~~~?:- >g....t"" -:i"'Z ~a.~> 0'-< ~ Z "'coO" :-o~~ oocO" ~o~ <: ",~oor/J """SO s." ~. ~ '" 0 ~s.:i\=i1 g" 9 '& - ~ .,"" . g t"" ;." ......... , 200 2005 910~ 0 ...., = ~ c: = :}:'" "'" ~a( ".. ~:n c= ~"., G"> ~~ c7i l' I ~6 \D ~8 ;tlo ~-ri ::J: t - ~c: - -' ~ - ~ ~ ., en N -< I. Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 2, The name(s) and last known addressees) of the Defendant(s) are: MARK R, KLINE 1122 PHEASANT DRIVE NORTH CARLISLE, PAl 70 I 3 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 07/2411998 DEBRA A. & MARK R. KLINE made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFFwhich mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No, 1470, Page 447, 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 I % I /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 #; 86843 6, The following amounts are due on the mortgage: Principal Balance Interest 09/01/2003 through 02/03/2004 (Per Diem $15.28) Allomey's Fees Cumulative Late Charges 07/24/1 998 to 02/03/2004 Cost of Suit and Title Search Subtotal $69,858.76 2,383.68 1,250,00 108,68 $ 550,00 $ 74,151.I2 Escrow Credit Deficit Subtotal - 198.88 0,00 $- 198,88 TOTAL $ 73,952.24 7, The allorney's fees set forth above are in confonnity 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 allomey's fees will be charged, 8. 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 91 of 1983 because the mortgage is FHA-insured. 10, Plaintiff hereby releases DEBRA A. KLINE, from liability for the debt secured by the mortgage, WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 73,952.24, together with interest from 02/03/2004 at the rate of $15,28 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, FEDERMPjI AND PHEtJ}-LIl/ . By: lJ:r~alli~' FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Allorneys for Plaintiff File #: 86843 ALL THAT CERTAIN lot Or tract of ground situate in North Middleton Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern right-of-way line of Pheasant Drive North at 1:he dividing line ofLot5 No. 85 and 86, as shown on a Final Subdivision Plan of Pheasant Run Esulte, Phase II and Phase III, as rel:orded in Plan Boole 29, Page 7; thence by aforesaid northern rlght4Jf-way line, South 83 degrees, I 0 minutes 21 seconds East 18.00 feet to a point on the western linl: of Lot No. 87; thence by aforesaid line, North 06 degrees 49 minutes 39 seConds East 140,00 f-eet to a point on line of lands now or formerly of Carl Davis, Jr,; thence by aforesaid line, North 83 degrees 11) minutes 21 seconds West 18.00 feet to a point on the eastem line ofLoL No. 85; thence by aforesaid line, South 06 degrees 49 minutes 39 seconds West 140.00 feet to a point, being the Place ofBEGlNNING. BEING Lot No. 86 on a Final Subdivision Plan of Pheasant Run Estates, Phase II & Phase III, as feconled in Plan Book 29, Page 7. HAVING thereon erected a townhouse dwelling known and numbered as 1122 Ph:asant DriVe North. Cw:Usle,Ph 17013. VERIFICATION MICHAEL D. VESTAL hereby states that he is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC, 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 unsworn falsification to authorities. ;1I{M D.1Jd;f O~ ~{CJGf 1 DATE: (.J '1Q ~ 'i CJ1 ..., '? E (") = 0 = c; ~ :J:l.." ~""'- ..., ~ f-;-: ,." ~~ W CD ...... D I :u ~ ~ .s:- o r ~ ;:2~~fi -"-,- - ~ b-. f'- ",,--- :;; .".0 N ,.- om -.Q ('.) '? .-i - $- C" ;;0 j N -< U1 SHERIFF'S RETURN - REGULAR CASE NO: 2004-00457 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS KLINE MARK R VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KLINE MARK R the DEFENDANT at 2102:00 HOURS, on the 4th day of February, 2004 at 1122 PHEASANT DRIVE NORTH CARLISLE, PA 17013 by handing to MARK R KLINE 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 Service Affidavit Surcharge 18.00 3.45 ,00 10,00 ,00 31.45 So Answers: ~./? ,?' __ t...."'-.:..9 -I' ~>"'~<'~'c, .f ~ _~W" y/~/-"-; ~." /.;' . ",. .,'./ "A'"-- ~ . ,r,' ,j- J~~_,~~ "..~.., ,........,..-""'-...~ R, Thomas Kline 02/05/2004 FEDERMAN & PHELAN Sworn and Subscribed to before By: /~- ih Deputy Sh~ me this 11 ~ day of .i~ .;JiV<( A.D, /-l/~u.- a ~, 1kJU '--1/prothonotary -/ 1 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SillTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC, 7105 CORPORATE DRIVE PLANO, TX 75024 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 04-457 CIVIL TERM MARK R. KLINE 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 MARK R. KLINE, 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 2/4/04-3/9/04 TOTAL $73,952.24 $534,80 $74,487.04 v I hereby certify that (I) 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, ~S1 ~4<>tfU1f'i~_ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED, r /) DATE: (IZ;J/U~ 9 ;Ux:><{ ~"'-'?./~ ) /2. ~O'?z.<" ( PRO PROTHY .::::I7?. V FEDERMAN AND PHELAN, LLP 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 (71 'i) 'i1i1-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC. Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY MARK R. KLINE Defendants : NO. 04-457 CIVIL TERM TO: MARK R. KLINE 1122 PHEASANT DRIVE NORTH CARLISLE, PA 17013 FILE COpy DATE OF NOTICE: FRRRU A RY 2<;. 20114 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 MAYBE 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 MAYBE 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 SHERIFF'S RETURN - REGULAR CASE NO: 2004-00457 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS KLINE MARK R VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KLINE MARK R the DEFENDANT , at 2102:00 HOURS, on the 4th day of February 2004 at 1122 PHEASANT DRIVE NORTH CARLISLE, PA 17013 by handing to MARK R KLINE 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 Service Affidavit Surcharge 18.00 3.45 .00 10.00 .00 31.45 So Answers: -~;;;~<2~;::'~-:~.'. -/ 2.-;"........ .,<;-;:;: ,..,~-::;~;'-"/"'z..IJ~' R. Thomas Kline 02/05/2004 FEDERMAN & PHELAN Sworn and Subscribed to before By: ;h~- if ~ ____ Deputy She:eR"ff me this day of A.D. Prothonotary t 10 fi -lg. #- :-G 0 r ..... t; 0 -l::: ~ ~ ~ F! n ...., , r? 0 C> ~ .;:::) IV c" -""' ,", ~ ~'l) -,,~ .-. If)-- :'TI1 ~~ ~'J ril-- ,- ('\ I -.p,j-n '.D :Uo (' r-:) 1. J::T' :~j ~~} .. :':!::.: c(f;~ " \:) ". '1 0''\ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 COUNTRYWIDE HOME LOANS, INC. Plaintiff, v. No. 04-457 CIVIL TERM MARK R. KLINE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $74,487.04 V Interest from 3/10/04-6/9/04 (per diem -$12.24) $1,126.08 and Costs TOTAL $75,613.12 ~~~ FRANK FEDERMAN, 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. UJ :r,:-_,. ~-) c5 ~.... ~~~ ~~~ 01 ory: i UJCL ~ tI.J 5~ u.. iE :de: tL 2:::' C) ~ Z < 0 ~~ ... U ""' ;;;J "';;.. Z U <"" ... ~'E' "";.. '" """, ~ "" ;l ~Z ~ ....s Zz o as 0,," "" ~ ~~ "" ""' .. ~~ ~ .; ~ ~~ 0"", 0 .. ~~ U~ = ~ ~gs" "'0 ~ Ot: Ou ... 0 ~~ ~ [ile ... u 8; ""' ~ """" ~ == 0 ""'~ u Z;;;J r- ;.:'u ~, EiB i:i .~ ~t s o .J2< ~ r' L_, d -g -2 ~J; -:.i" S~ "', i. ~ ~j 8 ; I ^ " ::;!.. [Y' '6f.J r, ...... -... > : J~ ,~~ ".::0 i\j ~ "..1'- ""'" N \J ,:J V) " v, ~ '~ ~ \-1) , 0 ~ .... .... o r-- .... < ~ "" "" '" ... ~ u = ~ o Z "" ;;.. ~ Q ""' ~ '" < ~ ~ .... .... .... .... ;,; '" ~ .,,; .,,; < 13 i:: 0) '" 0) .n ~ E '" ... 0) ~ 0. 0) ... ~ ~ ..... ~ ~ ~~ y fi ---c .~ J -i ~1 ~~ :::r -...... -.J d GI. ALL THAT CERTAIN WT OR TRAer Of GROIlND SITUATE IN NORTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY. COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: . BEGINNING AT A POINT ON THE NORTIlERN RIGHT'()f.WAY LINE Of PHEASANT DRIVE NORTII AT THE DIVIDING LINE OF WTS NO. 85 AND 116, AS SHOWN ON A FINAL SUBDIVISION PLAN OF PHEASANT RUN ESTATES, PHASE II " PHASE R1. AS RECORDED IN PLAN BOOK 29. PAGE 7; THENCE BY AFORESAID NORTHERN RIGHT .()f.W AY LINE, SOUTll8l DEGREES" MINUTES 1\ SECONDS EAST \8.00 FEET TO A POINT ON THE WESTERN LINE Of WT NO. 87; THENCE BY AFORESAID LINE, NORTII 06 DEGREES 49 MINUTES 39 SECONDS. EAST 140M FEET TO A POINT 8l DEGREES 18 MINlITES 11 SECONDS WEST 18.00 FEET TO A POINT ON TIlE EASTERN LINE OF WT NO. 85; THENCE BY AFORESAID LINE, SOUTH 06 DEGREES 49 MINUtEs 39 SECONDS WEST 140." FEET TO A POI~, BEING THE PLACE OF BEGINNING. BEING WT NO. 86, ON A FINAL SUBDIVISION PLAN OF PHEASANT RUN ESTATES, PHASE II " PHASE Ill. AS RECORDED IN PLAN BOOK 19. PAGE 7. HAVING THEREON ERECTED A TOWNHOUSE DWELLING KNOWN AND NUMBERED AS 1111 PHEASANT DRIVE NORTH. CARLISLE, PA 17813. TOGETHER WITH THE RIGHT TO PASS AND REPASS FOR INGRESS AND EGRESS, IN COMMON WITII OTHERS OVER TIlE ROADS AS SHOWN ON SAID MAP TO AND FROM THE WT HEREIN CONVEYED. BEING SUBJECT TO A DECLARATION OF COVENANTS FILED IN MISC. BOOK 119, PAGE 531. UNDER AND SUBJECT. NEVERTHELESS, TO THE SAME EXCEPTIONS. CONDITIONS, RESTRIcrtONS AND RESERVATIONS AS CONTAINED IN PRIOR DEEDS Of CONVEYANCE. BEING THE SAME PREMISES WIOCH ROBERT D. EICHER, BY HIS DEED DATED APRIL 20, 1987 AND RECORDED APRIL I', 1987 IN THE OFFICE OF Tnt RECORDER Of. DEEDS OF CUMBERLAND COUNTY IN DEED BOOK "Po, VOLUME 31, PAGE 518, GRANTED ANDCONVEYEDUNTO LINDA S. CLARK, GRANTOR HEREIN. ,:Vt:sted "? Sp<<ial War-nnty Oftd dated 1+-02 t given by Mark R. Kline and Debr.A. Kline', husband ..d wif~ to Mark R. '~IS heirs and assignuecorded l-14...Q2 in Book: 250 Page 3859 TAX PARCELI29-11-1583-014 PARCEL IDI014 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-457 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC. Plaintiff (s) From MARK R. KLINE (1) You are directed to levy upon the property of the defendant (s)and to sell all personal property (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$74,487,04 L.L.$.50 Interest from 31I0/04.6/9/04 (per diem - $12,24) Atty's Comrn % Atty Paid $113.34 Plaintiff Paid Date: March 9, 2004 $1,126.08 and Costs Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Prothonotary By: ~""'A.. K~~ vg Deputy REQUESTING PARTY: Name Frank Federman, Esq. Address: One Penn Center at Suburban Station 1617 John F, Kennedy Blvd, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 12248 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 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC, 7105 CORPORATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v, NO, 04-457 CIVIL TERM MARK R. KLINE Defendant(s), VERIFICATION 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 ofthe 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 MARK R. KLINE is over 18 years of age and resides at, 1122 PHEASANT DRIVE NORTH, CARLISLE, P A 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ 11.k?~OAJ'('t nn\. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff "" c":_.. <-::2 -.- -- --- -" I lD ( ; ,-- ~? .l:;"'" C.'1 o -on .-1 :.1:11 fTIr-= .--.rot ,~~ ';~~ C) en Request for Military Status Page I of I Department of Defense Manpower Data Center MAR-08-2004 05 :43:31 _ Military Status Report . Pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940 <Last Name First Middle Begin Date I Active Duty Status I Service/Agency KLINE Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches ofthe Military. Kenneth C. Scheflen, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA The Defense Manpower Data Center (DMDC) is an organization ofthe Department of Defense that maintains the Defense Emollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please send an e-mail tosscra.helpdesk@osd.pentagon.mil. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. https://www.dmdc.osd.mil/udpdri/owa/sscra.prc_Select 3/8/2004 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No, 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BL YD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION MARK R. KLINE NO. 04-457 CIVIL TERM Defendant(s), CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage () non-owner occupied () vacant o 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. ~Ji U-rL ~td ri...... FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff -./ t-...~ c:) C-," .. ~;:,~ , \_0 eel ,,-~-; I~; . "i:';;"; nl (;7 (;~~) <" i-r, ~,-.J COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, v, COURT OF COMMON PLEAS MARK R. KLINE CIVIL DIVISION Defendant(s). NO. 04-457 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) COUNTRYWIDE HOME LOANS, INC., Plaintiff in 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, 1122 PHEASANT DRIVE NORTH, CARLISLE, P A 17013 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MARK R. KLINE 1122 PHEASANT DRIVE NORTH CARLISLE, P A 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name 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) CITIFINANCIAL,INC, 1 VALLEY STREET, SUITE 100 CARLISLE, PA 17013 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 1122 PHEASANT DRIVE NORTH CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 8, 2004 DATE ~~1uiJ.\X'L(\ r"- ~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff () ~-".- c: _.--' ..,~ '. _J '" C::::l ~2 C~l ."h '-1 f7~ -:::: r- ::-qm . 'J ~,...1 :'~~S ~ -,' r CD ( ;. ;'r. COUNTRYWIDE HOME LOANS, INC. Plaintiff, CUMBERLAND COUNTY v. No. 04-457 CIVIL TERM MARK R. KLINE Defendant(s), March 8, 2004 TO: MARKR. KLINE 1122 PHEASANT DRIVE NORTH CARLISLE, P A 17013 **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. 1122 PHEASANT DRIVE NORTH. CARLISLE. PA 17013, is scheduled to be sold at the Sheriff's Sale on JUNE 9. 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $74.487.04 obtained by COUNTRYWIDE HOME LOANS. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's 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, ifthe 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 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 ofthe 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, CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN LOT OR TRACT OF GROUND SITUATE IN NORTH MIDDUTON TOWNSHIP, CUMBERLAND COUNTY. COMMONWEALTH or PENlIlSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERN RIGHT-OF-WAY LINE OF PHEASANT DRIVE NORTH AT THE DIVIDING LINE OF LOTS NO. as AND ~ AS SHOWN ON A FINAL SUBDIVISION PLAN or PHEASANT RUN ESTATES, PHASE II & PHASE RI, AS RECORDED IN PLAN BOOK 29. PAGE 7; THENCE BY AFOItESAJD NORTHERN RlGHT-OF.WAY LINE, SOUTH 8J DEGREES 10 MINUTES U SECONDS EAST la.oo FEET TO A POINT ON THE WESTERN LINE OF LOT NO. a7; THENCE BY AFORESAID LINE, NORm Q6 DEGREES ~9 MINUIF.S 39 SECONDS. EAST I~UO FEET TO A POINT 8J DEGREES 10 MINUTES 21 SECONDS WEST 18.00 FEET TO A POINT ON TIlE EASTERN LINE OF LOT NO. as; THENCE BY AFORESAID LINE, sourH 06 DEGREES 49 MINUtEs 39 SECONDS WEST 14M' FEET TO A POINT, BEING TIlE PLACE OF BEGINNING. BEING LOT NO. 86. ON A FINAL SUBDIVISION PLAN OF PHEASANT RUN ESTATES, PRASE II & PHASE III. AS RECORDED IN PLAN DOOK29, PAGE 7. HAVING THEREON ERECTED A TOWNHOUSE DWELLING KNOWN AND NUMBERED AS tin PHEASANT DRIVE NORTlI. CARLISLE, PA 11013. TOGETHER WITH THE RIGHT TO PASS AND REFAllS FOR INGRESS AND EGRESS,IN COMMON wrrn OTHERS OVER THE ROADS AS SHOWN ON SAID MAP TO AND FROM THE LOT HEREIN CONVEYED. BEING SUBJECT TO A DECLARATION OF COVENANTS FILED IN MISC. BOOK 229. PAGE S31. UNDER AND SUBJECT, NEVEl<THELESS. TO mE SAME EXCEPTIONS, CONDITIONS, RESTRICTIONS AND RESERVATIONS AS CONTAINED IN PRIOR DEEDS OF CONVEYANCE. BEING THE SAME PREMISES WHICH ROBERT D. EICHER, BY HIS DEED DATED APRIL 20, 1987 AND RECORDED APRIL 20, 1987 IN THE OFFICE OF THE RECORDER OF. DEEDS OF CUMBERLAND COUNTY IN DEED BOOK "r, VOLUME 32, PAGE 51&, GRAN11ID ANDCONVEYEiHfNTO LINDA s. CLARK, GRANTOR HEREIN. ;Vc.sted ~ &,<<181 Wa("~nty ()ftd dated 2+02 ~ giva. byMuk It. Kliae and Ddwa A. Klin~. husband and 1YIft to Mark R. '~I$ heirs and alstgns reconkd 3-14-02 in Book: 1st Page: 3859 TAX PARCEL#29-17-1583-074 PARCEL ID#074 C? "" 0 = C:':::1 " ~- ::Jll: :;:! fi1 """t, r -~ -arn I ~IJ(? 'D ~3~fl ~, <;~-] "n c:"j ''''jf ;- c) . , .< _. --" AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PJT PLAINTIFF COUNTRYWIDE HOME LOANS, INC. No. 04-457 CIVIL TERM DEFENDANT(S) MARK R. KLINE AGel. #86843 SERVE MARK R. KLINE AT 1122 PHEASANT DRIVE NORTH CARLISLE, PA 17013 Type of Action - Notice of Sheriff's Sale S~lle Date: JUNE 9, 2004 SERVED If Served and made known to 1'1 c..vl( 11 ~hW't.. , Defendant, on the '( at ?;5h ,o'clockt'm.,at 1/9-:Jv jJi.As,9-.,J/ "oIlIO'b af(~'j, /5 day of IJIHcA ,200Y ~w1: ,;Ill 7tJ A Conunonwealth '" OfP~Vania, in the manner described below: Defendant personally served. ~ 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 relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). . Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: ) Description: V I, ~~,.!l; .ll Mlki , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. AgeV3 I 1/ I '1~ ~ Height S / Weight~ Race ~ S"x ~ Other NolarillISeaI AllbeItD. Stauffer, Jr..NoIaJyPldc ~ PIIm Hills Twp., AlIegI1eny Cotny eom_ElCIlitesOct 31, . ,.' ~/ ~~~6/L- ST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED ..-:-- '< On the \( _____ Moved 'Y 1 st Attempt: f.. '<. 3rd Attempt: day of ,200_. at o'clock _.m., Defendant NOT FOUND because: Unknown No Answer Vacant I I Time: 2nd Attempt:. I I Time: I I Time: Sworn to and subscribed before me this ~ day of , 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - 1.0. No. 12248 r-...., C:::., (J c.;:) -,"I 2> __.l ':) ,....,..., ;;:.'::;; ;".- -", m O? l.......'") :~\ , ~:! ~:~ -\.1 - r,1 ) ;-,-1 C ~ ~_::J (':: -<.. IN THE COURT OF COMMON PLEAS OF CUMBERLANJO COUNTY, PENNSYL VANIA COUNTRYWIDE HOME LOANS, INC. ) CIVIL ACTION ) vs. MARK R. KLINE ) CIVIL DIVISION ) NO. 04-457 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for COUNTRYWIDE HOME LOANS. INC. hereby verify that on March 9. 2004 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: Mav 4,2004 1JtflJit WM tNrlj) FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff t" o>z "'" "'''''0> ~'E - :;;: - - - - '0 00 --..) ~ Ch .... W tv - s' 00""8 ;:z u. W tv - 0 " t'D ; t'D = ", 0> ;;~ """'= " ~o )> ~ "" ",' ~ g, ::l. ~ ir J iD z r:: 3 tr CD ., ,,'" ~ (j ~ (j t:J z "O-f?'"rl o 0 ::J 0 ~ . [~o@l ~ [ ~ H I:;:J ~ ~ 0 ~~~t'ij ~ > ~g.~~ '" ! '" ~ ,,~ ::l ~ ~'"rl() ~ 0 , ~ 0 (j . ~~ j . . fl ~~ (j ~ 1:1 .~ "O~_~ n g ~ ::~~ o . > q 3 Z .~ ::l r> 'Co- . ......o..tn"'d . ,(j 0 ~ ~ 0,< '" gJ " wttlcr' ,." i ':'oEit-' - "" '" ~ - ~ ~ ~ OO~r:r~ tv :;;::r~ tv "" ~ 0 "" l!l 00' i@ ~ '" > llo..S"t""' ~ i ~ ~ ftI '" t:t. t'""" ~~ i '"l (.f.l 0 '"d !~ .i '" ...."'= ~ tIl . _. " ~ .,,, ~ ~ - ~ ~ .... t:J 0 ~ ~ t:J 0 '" " 0 tIl ... ~ ~ "" (j ~ ~ ~ .~ S: - & 0 .~ .0 ~ - ~ w .~ii:~ 0 z ,." 0 ~~~o!!: '" ~ ~ ~ S'61~ .~ '" nH~ t" ~ "" JT1 I \(S a C;' g g. > ~ .~ ~~;;:g,c:s - S'(g8g, --..) 0 - ' . il e c:; --..) "" ~ Ii 0 0 s. . ~'ll . c:; ~'" . tl:l g~ ~ ~.2 0 '" [i~~i >< ~ tv ~~I;~ ~ .~ --..) ~~. - y, ~!~ir '" ~ g "" , ~ to' t" fil '-E;: - 'ell.a '" '" tl:l t" [t.~il .~ .tIl i1 ~i! ~ _. ~g. r",,~~ ~ - !i~ ~ - --..) ...~ fa 0 ~. So a~. - - s-..~;- --..) w .gg8[ :; ~i" i1 v. ~- i;r~ g'~ ~ ~ ~ 0 .>-t--@lPo..,."%J 5 ~ ~ i1 !" ~ ~. Rd~~ !iJ ,. if.. ~ ~;::..~ "--.... S'I:I ....!:i" R!t.;gli- :;) ~PITN~s .n~ 021A $ 01.200 g. _. "'P'" Of< 0004300377 MAR09 2004 . ~ :::: '& ~ . MAILED FROM ZIPGODE 19103 a:::l;l'~ g; II> -'l'Jl ~ ~ 8' lLLLul _ 0, (") c --o~ lTJ qJ LJ: ~1~~'-:' ~C-', }-'" (^.. "'::::C~' ,,- ) .Jo""c" ~ ...., => = .s:- ::r. ~ -< , l7' o -n :r rn:n ,--- -om :\JO O.L =;JQ (~):i1 ~?G ?[~rn ~ .1;."- ~ -0 ::i:: tI? N "" <!.- Countrywide Home Loans, Inc. VS Mark R. Kline In The Court of Common Pleas of Cwnberland County, Pennsylvania Writ No. 2004-457 Civil Term 0. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Frank Federman. Sheriffs Costs: Docketing Poundage Posting Handbills Advertising Mileage Levy Surcharge Law Journal Patriot News Share of Bills Law Library Prothonotary 30.00 9.64 15.00 15.00 6.90 15.00 20.00 349.10 328.66 29.26 .50 1.00 $820.06 paid by attorney OS/25/04 Sworn and subscribed to before me p~~~ This .2 7 e day of 7k-;... (~) R. Thomas Kline, Sheriff 2004,A.D. 'r'~o. )h'/A"'r~yJ -'. Real Est Prothonotary ~SO I. c.k... rL '1':>0 '12> I)/~() COUNTRYWIDE HOME LOANS, INC. .' CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS MARK R. KLINE CIVIL DIVISION Defendant(s). NO. 04-457 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS, INC., Plaintiff in 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, 1122 PHEASANT DRIVE NORTH, CARLISLE, PA 17013. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MARK R. KLINE 1122 PHEASANT DRIVE NORTH CARLISLE, P A 17013 2. Name and address ofDefendant(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;:very mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL,INC. I VALLEY STREET, SUITE 100 CARLISLE, P A 17013 5. Name and address of every other person who has any record lien on 1he 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 1122 PHEASANT DRIVE NORTH CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 8, 2004 DATE ~ -kdJA Jrt..Q rt.. " FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff J COUNTRYWIDE HOME LOANS, INC. Plaintiff, CUMBERLAND COUNTY v. No. 04-457 CIVIL TERM MARK R. KLINE Defendant(s), March 8, 2004 TO: MARK R. KLINE 1122 PHEASANT DRIVE NORTH CARLISLE, P A 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T 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 ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY" Your house (real estate) at, 1122 PHEASANT DRIVE NORTH, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff's Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of$74,487.04 obtained by COUNTRYWIDE HOME LOANS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.c'P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. 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 (2] 5) 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 (7] 7) 240-6390. 4. ]fthe 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 1he 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PAl 7013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN LOT OR TRAcr OF GROUND SITUATE IN NORTH MIDDLETON TOWNSHIP, CUMBt\U.AND COUNTY. COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLV BOUNDED AND DESCRIBED AS FOLLOWS, BEGINNING AT A POINT ON THE NORTHERKRIGIIT-GF.WAY LINE OF PIJEASANT DRIVE NORTH AT THE DIVIDING LINE OF LOTS NO. 85 AND ll4, AS SHOWN ON A FINAL SUBDIVISION PLAN OF PHEASANT RUN ESTATES, PHASE" & PHASE III, AS RECORDED IN PLAN BOOK 29, PAGE 7; THENCE BY AFORESAID NORTHERN RIGHT -OF.WAY LINE, SOUTH 8l DEGREES 18 MINUTES 21 SECONDS EAST 18.00 FEET TO A POINT ON THE WESTERN LINE OF LOT NO. 87; THENCE BY AFORESAID LINE, NORTH 06 DEGREES 49 MINUTES 39 SECONDS. EAST 140.09 FEET TO A POINT S3 DEGREES .. MINUTES 11 SECONDS WEST .1_00 fEET TO A POINT ON THE EASTERN LINE OF LOT NO. 85; THENCE BY AFORESAID LINE, sourH 06 DEGREES 19 MINUtES 39 SECONDS WEST 140.08 FEET TO A POINt.'. BEING mE PLACE OF BEGINNING. BEING LOT NO, 86, ON A FINAL SUBDIVISION PLAN OF PHEASANT RUN ESTATES, PIJASE " & PHASE Ill, AS RECORDED IN PLAN BOOK 29, PAGE 7, HA VlNG THEREON ERECTED A TOWNHOUSE DWELLING KNOWN ANI> NUMBERED AS 1122 PHEASANT DRIVE NORTH, CARLISLE, PA 17813, TOGETHER WITH THE RIGHT TO PASS AND REPASS FOR INGRESS AND EGRESS,IN COMMON WITIf On/EllS OVER THE ROADS AS SHOWN ON SAID MAP TO AND FROM THE LOT HEREIN CONVEYED. BEING SUBJECT TO A DECLARATION OF COVENANTS FILED IN MISC. BOOK 229, PAGE 531. UNDER AND SUBJECT, NEVERTHELESS. TO TIlE SAME EXCEPTIONS, CONDITIONS, RESTRICTIONS AND RESERVATIONS AS CONTAINED IN PRIOR DEEDS OF CONVEYANCE. BEING THE SAME YREMISES wmclI ROBERT D. EICHER. BY HIS DEED DAT[D APRIL 20, 1987 AND RECORDED APRIL 20, 1987 IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY IN DEED BOOK .p", VOLUME 32, PAGE 518, GftANTIID AND CONVEYED UNTO LINDA S. CI.ARK, GRANTOR HEREIN. ,Vested ~y: Sptdal War-~.nty [)ffd dated 2-+02. givcuby Mark R. KJirw and 1Hin. A. Klinfo. husband ud wife to M...k R. '~tS hein and IIsslgDs recorded 3-14-412 in Book: 250 Page 38~ TAX PARCEL#29-17-1583-074 PARCEL ID#074 Real Estate Sale #66 On March 10, 2004 the sherifflevied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, P A Known and numbered as 1122 Pheasant Drive North, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 10, 2004 By,Jzdj ( j~yu.. t-{, Real Estate Deputy " C 5 ~~q Lh.','J .:I.dnlJi :13.) ~ ~ ~ ~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. 1.1784 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 veritY this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 66 Wr1t No. 2004-457 Civil Countrywide Home Loans. Inc. vs. Mark R. Kline Atty.: Frank Federman ALL TIiAT CERTAIN lot or tract of ground situate in North Middleton Township, Cumberland County, Commonwealth of Pennsylvania. more particularly bounded and de- scribed as follows: BEGINNING at a point on the northern tight-of-way line of Pheas- ant Drtve North at the dividing line of Lots No. 85 and 86, as shown on a final subdivision plan of Pheasant Run Estates, Phase II & Phase III. as recorded in Plan Book 29. Page 7; thence by aforesaid northern right-of-way line, South 83 degrees 10 minutes 21 seconds East 18.00 feet to a point on the western line of Lot No. 87; thence by aforesaid ~e. North 06 degrees ~9 ~~utes ( , ~(Y__ Isa Marie Coyne, ~rr SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 ~i...JA?"AAA/ Nb~;:~'" LOIS E. SNYDER, Notary Public Ca~isle Boro. Cumbe~and County My Commission Expires March 5. 2005 r scribed as follows: BEGINNING at a point on the northern right-of-way line of Pheas- ant Drive North at the dividing line of Lots No. 85 and 86. as shown on a final sl\..bdivision plan of Pheasant Run Estates, Phase II & Phase III. as recorded in Plan Book 29. Page 7: thence by aforesaid northern right-of-way line. South 83 degrees 10 minutes 21 seconds East 18.00 feet to a point on the western line of Lot No. 87; thence by aforesaid line, North 06 degrees 49 minutes 39 seconds, East 140.00 feet to a point 83 degrees 10 minutes 21 N~ SEAL (;' LOIS E. SNYDER. Notary Public Ca~jsle Boro. Cumberland County i My Commission Erpires March 5, 2005 ~ seconds West 18.00 feet to a point on the eastern line of Lot No. 85; thence by aforesaid line, South 06 degrees 49 minutes 39 seconds West 140.00 feet to a point. being the place of beginning. BEING Lot No. 86, on a final subdivision plan of Pheasant Run Estates, Phase II & Phase III, as recorded in Plan Book 29, Page 7. HAVING thereon erected a town- house dwellmg known and num- bered as 1122 Pheasant Drtve North, Carlisle, PA 17013. TOGETHER with the right to pass and repass for ingress and egress, in cornman with others over the roads as shown on said map to and from the lot herein conveyed. BEING subject to a declaration of covenants filed in Misc. Book 229. Page 531. UNDER AND SUBJECT. neverthe. less. to the same exceptions. condi- tions, restrictions and reservations as contained in prior deeds of con- veyance. BEING THE SAME PREMISES which Robert D. Eicher, by his deed dated April 20. 1987 and recorded April 20. 1987 in the Office of the Recorder of Deeds of Cumberland County in Deed Book "pM, Volume 32. Page 518, granted and conveyed unto Linda S. Clark. grantor herein. VESTED BY: Special Warranty Deed dated 2-6-02, given by Mark R. Kline and Debra A. Kline, hus- band and wife to Mark R. Kline, his heirs and assigns recorded 3-14-02 in Book: 250 Page 3859. TAX PARCEL #29-17-1583.074. PARCEL 1P #074. (J 'i. 'i':''/ tlCbt 'atriot-NtW~ <!Co. p.o. Box 2265 HARRISBURG, PA 17105 (717) 255-8100 DUPLICATE BILL ----------------------------------------------------- CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ACCOUNT #:CUMB020 RUN DATE SIZE RATE AMOUNT TAGLINE 4/27/04 8.50 12.82 $ 108.97 SALE # 66 5/04/04 8.50 12.82 $ 108.97 SALE # 66 5/11/04 8.50 12.82 $ 108.97 SALE # 66 NOTARY 1. 75 $ 1. 75 SALE # 66 TOTAL: $ 328.66 r- ... THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The PaHiot-News and.J:ll!l Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and pUblished in their regular daily and/or Sunday/ Metro editions which appeared on the 27th day(s) of April and lhe 41h and 11th day(s) of May 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuanl to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#66 Sworn to and subscribed efort~~Jis 28th day O~~j~ A.D. \ NOTARI.AJ.SEAl. 'I/!.A. ?//~ Terry l. Russell. Notary Public NO ARY PUBLIC of Horrlsbur ,Oouphln Counly .., M~~lsslon ~p1res June 6. 2006 My commISSion expires June 6, 2006 Member, Pennlylvania /ulociaUonot Not.li~s CUMBERlAND COUNlY SHERIFFS OFFICE CUMBERlAND COUNlY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 328.66 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News. newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... '. (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P,RC.P, 3180-3183 COUNTRYWIDE HOME LOANS, INC. Plaintiff, v. No. 04-457 CIVIL TERM MARK R. KLINE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $74,487.04 Interest from 3/9/04 to SEPTEMBER 7, 2005 (per diem -$12.24) $6,695.28 and Costs TOTAL $81,182.32 ~~ JJ .J~ DANIEL G. SCHMIEG, ESQ 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. ~>-" ry: ~':-:: rd. LU::( ~,,2 (-'; LL-.-- ~.,~,_'_,,)JI["-~!",,"', 0 -'-:.:: :;'2 }- LL. <.) < ~ ~... ... o~ r..l ,.. ;l ~~ ~ I,) ~;; rii ~~ ~rJJ ~ ii-' ii-' a zZ S ~ ~.s o~ o g ; ,.. ... ~~ ~ ;~ ,;, ~ 0,.. 0 .. ~ ~~ I,)~ ~ ~Oll ~o ~ ot 01,) ~ 0 ... ~ ~6 'S~ ~ ;l~ ~ ... I,) 8; ,.. ~ z ~"" g ~ ,..~ I,) ~;l I,) ,:ry o ~ .~::t: ,f? (:.:~ = ,.... ~. -t-r ~ ~ Q.r-:'l ~ --d1J: ~ ('- '-.J I () l.I) -..9 () :z- (J vi <i ~N)~ - - '::. , , ~ - ~ , - a 'V 0 8 () () 0 ~ Ul 0 <l ~ - l.ti v:, ::r "l>)- \J)~ ..... \)'" ~:) u ~ .~ .;; - ~ ~~ ~t' ~\~ '\ ~ < ..~ 'd " - .~ '" .... <:> r-- .... < ~ :1 ~ u :i 'S o Z ii-' ~ ~ ,.. ~ ~ ~ M M .... .... 0,; ~ H :g < ~ " ~ '" '" ~ ~ 13 '" \) ~ P- " :g ~ 0- f'<) 2; <Ii ~ 12 () 1 J1 -+ .;) 3 t-- ~ (J.; ~ o Q. -- & 0 .. .... A.LL THAT CERTAIN LOT OR TllAO Of' GROUND SITUATE IN NORTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY. COMMONWEALTII OF I'ENN.';YLVANIA. MORE rARTICtll,ARLY BOUNDED AND DESCRIBED AS FOLLOWS, BEGINNING AT A POlrIT ON THE NORTIIERf'fRIGHT-Of-WAV LINE OF f'lIEASANT ORlV[. NORTI! AT THE DIVIDING LINE OF LOTS NO. 85 AND 86. AS SHOWN Of'll A FINAl. SUBDIVISION PLAN OF PHEASANT RUN ESTATES.. PHASE II &. PHASE "I, AS RECORDED IN rLAN BOOK 29, PAGE 7; TUENCE BY AFORESAID NORTHERN RIGHT -OF-WAY LINF.., SOUTR &l DEGREES 10 MINUTES 11 SECONDS EAST 11.00 FEET TO A POIf"IT ON THE WESTERN LINE OF I,OT NO. 87; THENCE BY AFORESAID UNf.. NORTH 06 DEGREES 49 MINUTES 39 SECONDS. EAST 140.08 FEET TO A POINT AJ DEGREES to MINUTFS 11 S"'XONDS WEST 18.0& FEET TO A PQINT ON mE EASTERN LINE OF LOT NO. 'S; THENCE BY AFORESAID LINE, $OUTU 06 [)EGREES 4' MINUW 39 SECONOS WY..:ST 140.00 FEET TO A PO(~. BEING TIfE PI.ACE OF BEGINNING. BEING LOT NO. 16. ON A FINAL SUBDIVISION PLAN OF I"HEASANT RUN ESTATF..5. P(-fASf: II &I PltASt: Ill, AS RECORDm IN PLAN BOOK 19, rACE 1. HAVING THEREON ERECTED A TOWNIIOUSE DWELLING KNOWN AND NUM8EREO A..'\ lln rnF..ASANT DRIVE NORTH. CARLISLE, PA 11113, TOCcrHER WITH THE IUGHT TO 'ASS AND REPASS FOR INGRFSS ANO EGRESS, IN COMMON WITH OTHERS ,OVER THE ROADS AS SHOWN ON SAID MAP TO AND FROM THE LOT Hf.Rf.IN CONVEYED. BEING SUBJECT TO A DEClARATION OF COVENAI'<TS FILED IN MISC. BOOK 229, PAGE 531. 'UNDER AND SUBJECT, NEVERTHELESS, TO nlE SAME "~CEPTlONS, CONDITIONS, RESTRJCffONS AND RESERV A TlQNS AS CONT ArNED IN PRIOR DEEDS Of CONVE\' ANCE.. 'BEING THE SAME PREMISES WHlCU ROBERT D. EICI'ER. BY HIS OEED DATEO APRIL 1:0, 1987 AND RECORDED A.PRI'L 20. 1987 IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLANO COUNTY IN In:EO BOOK "P", VOLUJ\.fE 32, PAGE SI8, GRANTF..D AND CONVEYElftfN'TO UNDA S. CI.ARJ<. CRANTOR HEREIN. Vcstodby: S~d.' Waruftty I>ftd dated 2-4-02, given by M..-k R. KJiRE' ud f)W.u A. Klint", hu~bllnd and wife 10 Mark R. ~ij hdn ud as~ign~ recorded J..-14....02 in Book-. 150 Page 385" TAX PARCELI29-17-1583-074 PARCEL IDlo74 PREMISES BEING: 1122 PHEASANT DRIVE NORTH, CARISLE, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-457 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC" Plaintiff (s) From MARK R. KLINE (1) You are directed to levy upon the property of the defendant (s)and to seU 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) Ifproperty ofthe 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 hirnlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $74,487.04 L.L. Interest FROM 3/9104 TO 917105 (PER DIEM - $12,24) - $6,695.28 AND COSTS Atty's Connn % Due Prothy $1.00 Atty Paid $946.01 Other Costs Plaintiff Paid Date: MAY 10, 2005 CURTIS R, LONG (Seal) Proth2 n ~ ,---By: tJ./"h d -e, :;Z/7<:"~ Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: 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 UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA INRE: Mark R. Kline a/k/a Mark Russell Kline BKNO: 1-04-bk-03000 MDF Debtor CHAPTER 13 Countrywide Home Loans, Inc. Movant v. Mark R. Kline a/k/a Mark Russell Kline Respondents ORDER MODIFYING SECTION 362 AUTOMATIC STAY AND NOW, at Harrisburg, in said District, upon Motion of Countrywide Home Loans, Inc. (Movant), and the filing ofa Certification of Default, it is ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 U.S.C. 362 is modified with respect to prernises, 1122 Pheasant Drive North, Carlisle, PA 17013, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs 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. BY THE COURT, =1~~~~~ Date: February 7,2005 This electronic order is signed and filed on the same date. PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION MARK R. KLINE NO. 04-457 CIVIL TERM Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage () non-owner occupied () vacant o 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. 'iY~)/A~ DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff ~ 0 ,;:;:> ~n U' -"" ;:>", .....0;. - o ~? c:) U) ...-- -- ~ COUNTRYWIDE HOME LOANS, INC, CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS MARK R. KLINE CIVIL DIVISION Defendant(s), NO. 04-457 CIVIL TERM AFFIDA VIr PURSUANT TO RULE 3129 (Affidavit No. I) COUNTRYWIDE HOME LOANS, INC" Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,1122 PHEASANT DRIVE NORTH , CARLISLE, PA 17013. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MARK R. KLINE 1122 PHEASANT DRIVE NORTH CARLISLE, PA 17013 2. Name and address ofDefendant(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) CITIFINANCIAL,INC, 1 VALLEY STREET, SUITE 100 CARLISLE, P A 17013 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 1122 PHEASANT DRIVE NORTH CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Mav 5. 2005 DATE <fJ~JJ-1 DANIEL G. SCHMIEG, ES Attorney for Plaintiff '" c.':} c:.:l CJ' ~=:.: .>-'-", o 'TI ::;:! fr1:1J F" tL: ,",( ~::) -::: CO' '-;? C~' u,; .I COUNTRYWIDE HOME LOANS, INC. Plaintiff, CUMBERLAND COUNTY v, No. 04-457 CIVIL TERM MARK R. KLINE Defendant(s). May 5, 2005 TO: MARK R. KLINE 1122 PHEASANT DRIVE NORTH CARLISLE, P A 17013 . 'THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T 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, 1122 PHEASANT DRIVE NORTH, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $74,487.04 obtained by COUNTRYWIDE HOME LOANS, INC. (the mortgagee) against you. In the event 1he 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 olher 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. I. 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 ofthe money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7 . You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 , , ALL THAT CERTAIN LOT OR TRACT OF GROUND SITUATE IN NORTH MIDDLETON TOWNSIIIP, CUMBERLAND COUNTY. COMMOl'lWEALTH OF PENNSYLVANIA. MORE I'ARTICUI,ARL\' BOUNDEI> AND DESCRlPED AS FOLLOWS, BEGINNING AT A P01J'fT ON THE NORnlERI< RIGHT-Of-WAY LINE OF PHEASANT DRIVE NORn. AT THE ()IVIDING LINE OF LOTS NO. 85 AND 86. AS SHOWN ON A FINAL SUPDIVISJ{)N PLAN OF PHEASANT RUN ESTATES. PHASE II II< PHASE m, AS RECORDED IN PLAN BOOK 29, PAGE 7; THENCE BY AFORESAID NORTHERN RIGHT -OF-WA V LINE, SOurtl83 DEGREES 10 MINUTES 21 SECONDS EAST .1.00 FEET TO A POINT ON THE WESTERN LINE OF LOT NO. 81; THENCE BY AFORESAID LINE, NORTH.. DEGREES .9 MINUTES 39 SECONDS. EAST 140.00 FEET TO A pOINT 3J DEGREF.S '1 MINlrrES 21 SECONOS WEST 18.00 FEET TO A POINT ON' TIlE EASTERN UNE OF LOT NO. as; THENCE BY AfORESAID LINE. SOUTU 06 DEGREES 49 MINum 39 SECONDS WEST 140.00 FEET TO A P()I~. BEING TIlE PLACE OF BEGINNING. 8EING LOT NO. 16. ON A FINAL SUBDIVISiON Pl.AN OF PHEASANT RUN EST A TF.5. PHASE If &. PHASE III. AS RECORDW fI"l PLAN BOOK 29, rAGE 7. HAVING THEREON EREcrED A TOWNHOUSE DWEIJ.ING KNOWN AND NUMBERW AS 1122 I'IlF.ASANT DRIVE NORTH. CARLISLE, PA "'13. TOGKTHER WITH THE RIGHT TO PASS AND REPASS FOR INGRESS AND EGRESS. IN COMMON wm. OTHEIlS OVt:R THE ROADS AS SHOWN ON SAID MAP TO AND FROM THE LOT HEREIN CONVE\'J:o:D. 'BEING SUBJE(.T TO A DECl.AJ<A nON OF COVENANTS FILED IN MISC, BOOK 229, PAGE: S31. UNDER AND SUBJECT. NEVF.RTHEl.f:SS. TO HIE SAME EXCEPTIONS, CONDITJ~S, RESTRJCTIONS AND RESERV ATIQNS AS CQNT AINED IN PRIOR DEEDS OF CONVE\' ANCE. ;BEING THE SAME PREMISES WinCH ROBERT D. EICHER, BV HIS DEED DATED AVRIL to, 1'981 ArID RECORDED APRIL 20, 1937 IN THE OFFICE OF TnE RECORDER OF, DEEDS OF CUMBERLAND COUNfV IN DEED .BooK "''', VOl.UME 32, rAGE SI8, GRANTED AND CONVEYED UNTo LINDA s. CJ,ARJC. CRANTOR Hf:REIN. Vested by: S~dal Wanuuy ~ dated '1-4-02, given by M_..k R.I{);M and IkbraA. KJiQt". 'unband aRd wife 10 Muir. R :Kli.~ his lien ud .nighs recorded J--I 4-..oZ in Book 2SO rage: J8S, - . TAX PARCEL#29-I7-158J-G74 PARCEL ID#074 PREMISES BEING: 1122 PHEASANT DRIVE NORTH, CARISLE, PA17013 D }'> t.o ~ ,..., ~ C~,:J CJ' o 'n Cl ::?: C\ .r SALE DATE: JUNE 8. 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GMAC MORTGAGE CORPORATION No.: 03-457 vs. SHANNON B, HUMES AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa, RC.P, 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 112 HIGH STREET. ENOLA. PA 17025. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.c.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Amended Affidavit No.2 on the date indicated, and a copy ofthe notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. ~ DANIEL C , ESQUIRE Attorney for P amtiff May 5,2005 CUMBERLAND COUNTY GMAC MORTGAGE CORPORATION No.: 03-457 vs. SHANNON 8, HUMES AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No, 2) Plaintiff in the above action, by its attorney, DANIEL SCHMIEG, Esquire, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 112 HIGH STREET, ENOLA, PA 17025: 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) 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) 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) EAST PENNSBORO TOWNSHIP 98 SOUTH ENOLA DRIVE ENOLA, PA 17025 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 carillot 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) None. 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. ESQUIRE 'f May 5, 2005 GMAC MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS SHANNON B. HUMES CIVIL DIVISION Defendant(s), NO. 03-457 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) pMAC 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 112 HIGH STREET, ENOLA, PA 17025 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SHANNON B. HUMES 112 HIGH STREET ENOLA, PA 17025 2. Name and address ofDefendant(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) CONSECO FINANCE CONSUMER DISCOUNT COMPANY 7360 SKYRENE ROAD TEMPE, AZ 85282 4. Name and address oflast recorded holder of every mortgage ofrecord: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CONSECO FINANCE CONSUMER DISCOUNT COMPANY 332 MINNESOTA STREET, #610 SAINT PAUL, MN 55101 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 indica1e) Tenant/Occupant 112 HIGH STREET ENOLA, P A 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17] 05 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 3. 2005 DATE ~g (, J.'~ DANIEL G. SCHMIEG, E DIRE Attorney for Plaintiff -- ~<. . ~.2 g g. - - - - . Z '" ... '" - - ". ~ '" - 0 <> 00 --l t" c, '" ... '" S g.~ N - ",' " ~8, ~ a :I> ~ ::l- e;' <> z c 3 Cf "'.., ~ cD . 0 ~ 2. g, ~ z m z a ;J> . ci'~ ~ ~ ~ . 0 8, 0:;; >tl ,. SO;' OJ m i5: jiV; ~ 2 il CIl j OJ ~ ~ . CIl i ; 0 " . >-J 0 ~ 0 ." ig ~ ~ 0 ~~ gj 31 0 . . . . " :a ,. ~" ~ ." <> "" ~ . ~ 00 . '" CIl ~ ~ '" ~ g ..., '" ~ ~ '" ~ ., ". 3 J,j" 0 '" ;: <::::::~if;l I;) .8;3*"g ~ ~ Ul;l$:l.oE: ;::..Sij!- ~~:. ~ g ~ ;:l ;.< _. p; ~ a'g,.g.~ 0 ~~?,~ g" }: .- ............., 0 0>1:''8:::1-' .... ~ 0 ~ >tl ~~ '8~" 2'22' (JQ" ;J> S' "S-t;;. - g."" n S' a --l &!~ g~.g 0 ~ '" o a''' ~ a" '" g~.~g~ ,. ~ 0 ~tl~::;!~ ~ -g;lf; g: >-J 0" g - ~ '3'ag-~ ~ ~- ~ g. "Ug li 0- N a S" '" 5" p.p..~li ~.~ ~~ r _. fr o' ~Q:o~ o ~ ~ - ~~ ;:l ~ _. a' ....l{S. 5-~a* .gg8;:l g. tI1 a p. E.~ ~ ~ ~r ~ g' ;;l _l'" ~ :::~.. ". ~ ~:;'..;~)< W ~ 0 s . .J;!~_I (', $l, = .z ,~AiiiiifJB#- o g' t;;- 3 .? ~""lN['le,ov.lES o ):l Vl S' . 02 1A $ 00.9 ~ ~'9 g- :g.!;j' g g "'"~; 0004,000 n M~ y 05 2 ~.,~~. .. MAILED fROM ZIP CODE 1 91 - . ~ ~ v;'~ 2: \ ;:I ;:;. <'> ~ i??J' ~ (') c ~ >;>> (7l ~ (" :t> 2- o o>Z ..,l>o" rnl>o3 g ~ !'tl l>o"''' " '" " ., l>o ;=1......0"'0 t=.:~~::C: '" -.l m p.<..-;~l"- igg~ ~. '"d n 18 "~~~ ~ ~"""" ......(b.-+z o~[J)~ VJ s..z , Il:l v ~~~~ "'':1~O ~~raUJ =F'-~~n " ~. ",8 t:tl~ tT1 "'~ 9 g r-< o b ~ ~ 00 005 03 \j.' "'"" ~o ~ '" ~ \fl , "to C'I!, "It ~" ,"0 ~ ~ 0;: ~ t" %" ~~s rJJ.~<'J ~ ~ ~ ~ ~ ~ ~ <00 ... ...; ...;,....~'to 'i!~"<a ~ -ll-'d L '&. ~ " '7. ,,0\57. ~~()~ p. >-<j" '" . ? '...;.",~ ~ t"' '7 ",\1 ,.... ;.+ >.()~fft7, .-~ ~ ':l. ~~~~ ,....~q ~~~ """'WW ..,;~.,() ~ f'" ~. ~ ~ ~ ~~ ...,~ Q. ..." ' ~.-' r e "" r ~ 8 '"d ... . ",'" :%~ ~\ . ~ 2-:- '" " 9- ~ 9, ~ , s " '1l'C.'t~1 gS"",%" .~'~~~~ -i""'- 'i~,lg.l V)~ '; po g ~% -'::'~s., - ". ~S ;; O'~ge- '" ~ '0 (I! ~ ,~.S"9.0' .a,""........ "'~'" c."" "_"% J:> ~ ~ (11 ;i 1l",%%:~ ~",,~o ~ r;: ~ ~ ~ ~~<;{.::l~ ~ ,-. ort Co ~~i~~\ "'~ ~ ~ ? ~ (fl."" t; %1~ ~ ~ 3 S, s- ~ ~.~~ p..~ e. "" H-~ ~a~~ .i~\~. ~~...'!;. ~(>'~~ ;gg%P- c.",~ i g4j{2;~ ::.* tg'-:i ij;"'~it ~H~ ~ % OJ ~ i.r,?, ~ ~ t> ,.,....... (II '" '" ...,~. Cl"~ CI e-.,;; % l!..'S% ~1lo" ,,~ S~ ~~11r 't ;j,-1,. i> ; ('\'0' %. .. '"' #ros,."" ~ ;:t'~ -~_ t::) ~~ uwt:s . @ If.r. ~~"',. 500 , ; "hV $ 0\ "Zoos . l>N'RO 00 02 \A 000.11 COlJlO \ 9\ 0004' ROM ZIT' tIIAIUOO f .., ~ - -----.. ,'j (I '-ll ...4 ., ~' 1"; - ::.,..- \ ( ;\\ .~- c:~ ..~ AFFIDAVIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY SMC No. 04-457 CIVIL TERM DEFENDANT(S) SERVE MARK R. KLINE AT 1122 PHEASANT DRIVE NORTH CARLISLE, PA 17013 MARK R. KLINE ACCT. #5134134 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 7, 2005 Served and made known to SERVED rfh M'.ltl~ ~,I(\itJ<e.. , Defendant, on the II day of Maj ,200ff,'" Pke.;l:i91o)~ D"., VvO{tl., C;l'it.hsl~ ,Conunonwealth / at 8; Ie;, , o'clock -?m., at / 1;1. 2. of Pennsylvania, in the manner described below: -t-Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship, Manager/Clerk of place oflodging 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. , I" i~~,. \ Description: Age* Height!L1L Weight~ Race Wt.. Sex A.. Other :) :>~:><."s I. d;lv. "" <... (.., c,,"-~ I --;ry, a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Other: Sworn to and subscri~ed befor~e this JJ..!:. day of "'f ' 200S" Notary: ~ 1JJ.~ PLEASE ATTEMPT SERVICE AT LE NOTARW..... un I E H, CARrY. "*'" NlIc Tt ,AnIn My Nov. 10, NOT SERVED On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 sl Attempt: I I Time: 2nd Attempt: I I Time: 3rd Attempt: I I Time: Sworn to and subscribed before me this _ day of , 200 _,' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 (;, -n \.;.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Countrywide Home Loans Inc is the grantee the same having been sold to said grantee on the 7th day of Sept A.D., 2005, under and by virtue of a writ Execution issued on the 10th day of Mav, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 457, at the suit of Countrywide Home Loan Inc against Mark R Kline is duly recorded in Sheriffs Deed Book No. 271, Page 1142. IN TESTIMONY WHEREOF, d hereunto set my hand and seal of said office this .3 day of ~Vi /I (I r ~: , A.D. eX iJOU-"f\ \ ~ Recorder of Deeds ,-CounIy,CIIlIIIo,"" ElcpIrIIIhI_ MandiIr 01..... 2IIlII Countrywide Home Loans, Inc. VS Mark R. Kline The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-457 Civil Term Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on May 18,2005 at 9:29 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Mark R. Kline, by making known unto Susan Fisher, adult girlfriend of Mark Kline, at 1122 Pheasant Drive North, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on July 12,2005 at 5:53 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Mark R. Kline, located at 1122 Pheasant Drive North, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Mark R. Kline, by regular mail to his last known address of 1122 Pheasant Drive North, Carlisle, PA 17013. This letter was mailed under the date of July 05, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 07,2005 at 10:00 o'clock A.M. He sold the same for the sum of$1.00 to Attorney Daniel Schmieg for Countrywide Home Loans, Inc. It being the highest bid and best price received for the same, Countrywide Home Loans, Inc. of 7105 Corporate Drive, PIano, TX 75024 being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$1,103.58. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage $30.00 21.64 15.00 15.00 30.00 10.00 1.00 8.00 Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 5.75 15.00 20.00 473.00 376.49 18.20 25.00 39.50 $ 1,103.58 Sworn and subscribed to before me 2005, A.D. So AiY .~ ~,,~?~ R. Thomas Kline, Sheriff v h)~ JOu \ u0 Ch..!> I 3<;9 ~ !l,o/t.J3 COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS MARK R. KLINE CIVIL DIVISION Defendant(s), NO. 04-457 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) COUNTRYWIDE HOME LOANS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,1122 PHEASANT DRIVE NORTH, CARLISLE, P A 17013 , 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MARK R. KLINE 1122 PHEASANT DRIVE NORTH CARLISLE, PA 17013 2. Name and address ofDefendant(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) CITIFINANCIAL,INC, 1 VALLEY STREET, SUITE 100 CARLISLE, P A 17013 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 1122 PHEASANT DRIVE NORTH CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Mav 5. 2005 DATE <?~Jj~~ DANIEL G. SCHMIEG, ES Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INe. Plaintiff, CUMBERLAND COUNTY v. No. 04-457 CIVIL TERM MARK R. KLINE Defendant(s), May 5, 2005 TO: MARK R. KLINE 1122 PHEASANT DRIVE NORTH CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF 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, 1122 PHEASANT DRIVE NORTH, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $74.487.04 obtained by COUNTRYWIDE HOME LOANS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000, 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, ifthe 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 maybe 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 ofthe money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 ALL THAT CERTAIN LOT OR TRACT Of' GROUND SITUATE IN NORTH MIDDLETON TOWNSHIP. CUMBERLAND COUNTY. cOMi\.tONWEALTH OF PENNSYLVANIA. MORE PAllTICULARLV BOUNDED AND DESCRIBED AS FOLLOWS, 8EGIN~ING AT A POIJ"ff ON THE NORUlERN: RIGHT-OF-WAY LINE OF PHEASANT DRtVE NORm AT THE DIVIDING LINE OF LOTS NO. 85 AND %, AS SHOWN ON A FINAL SUBDIVISION PLAN OF PHEASANT RUN ESTAns. PHASE II & PHASE m. AS RECORDED 'N PLAN BOOK n, PAGE 1: THENCE BY AFORESAID NORTHERN RIGHT -OF.W A Y LINE, SOUTH aJ DEGREES " MINIITES 11 SECONDS EAST .&.00 FEET TO A POINT ON THE WESTERN LINE OF WT NO. 81; THENCE BY AFORESAID LINE. NORTH 06 DEGREES .. MINUfES 3. SECONDS, EAST 148.00 FEET TO A POINT aJ DEGREES .0 MINtrrES 21 SECONDS WEST 18.0f) fEET TO A FOINT ON TIlE EAS1l:RN LINE OF LOT NO. IS; THENCE BY AFORESAID LINE. SOIITH 06 DEGREES .. MINuTEs 3' SECONDS WEST 140.00 fEE.T TO A POINl.".BElNG nll~ PLACI:. OF BEGINNING. BEING LOT NO. 16. ON A FINAL SUBDIVISION PLAN OF PJlEASANT RUN ("STATES, rHASE JJ & PHASE III, AS RECOROW IN PLAN BOOK 29.PAGt: 1, RAVIN(; THEREON ERECTED A TOWNHOUSE DWELLING KNOWN AND NUMBERED AS "22 PHEASANT DRIVE NORTH. CARLISLE, PA 11113, TQGETHER WITH THE RJGIff TO PASS AND REPASS roR INGRESS AND EGRESS, IN COMMON wrrn OTHERS ;OVER THE ROADS AS SHOWN ON SAID MAP TO AND FROM THE LOT HEJlEJN CONVEYED. 'BEING SUBJECT TO A DECLARA llON OF COVENANTS FILED'N MISC. BOOK 229, PAGE 531. 'UNDER AND SUBJECT. NEVERTHELESS, TO THE SAME EXCEPTIONS. CONDITIONS. RESTRICTIONS AND RESERV A nONS AS CONT AtNED IN PRIOR DEEDS OF CONVE\' ANCE. "BEING THE SAME: PREM,SES wmen ROBERT D. ElCI'ER~ BV HIS DEED DATED APRIL 207 1987 AND RECORDED APRIL 20, 1981 IN THE OFFICE OF THE RECORDER OF. DEEDS OF CUMBERLAND COUNTY IN DEED BOOK"r. VOUJME327 PAGES.', GRANTED AND CONVEYEi:JUNTO LINDA S. CLARK.. GRANTOR HI:REIN. ;V<:~ b.r. Sptdal War-~...ty o-d dared 2-6--62. givt'lt by M.rk R. Klim: and J>.dn-.A. J(jiR~. husb.nd...d wife- to Muk R. ~lslKirs aRd asslgnsreconkdJ-.J4-(t2m Book: 2S& Page 385' TAX PARCELI29-I7-1583-074 PARCELIDI074 PREMISES BEING: 1122 PHEASANT DRIVE NORTH, CARISLE, PA17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-457 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From MARK R. KLINE (I) 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 GARNlSHEE(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 ofthe defendant (s) or otherwise disposing thereof; (3) If properly 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $74,487.04 L.L. Interest FROM 3/9/04 TO 9/7/05 (PER DIEM - $12.24) - $6,695.28 AND COSTS Atty's Corum % Due Prothy $1.00 Atty Paid $946.01 Plaintiff Paid Date: MAY 10, 2005 Other Costs (Seal) CURTIS R. LONG ~:tho~ ~ e . P 7f:/l/lA Y J Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: 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 Real Estate Sale #48 On May 16, 2005 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA Known and numbered as 1122 Pheasant Drive North, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 16,2005 By:Jod.qS~ Real Estate Deputy b \j : I d \ \ k ~H SGilI '(~ '\l'I;'i\U,., 'd, 'ilitl3\-1S 3.'.1 3JU__J1 ~ ~ ~ ~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A, Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws ofthe Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and pnblished in their regular daily and/or Sunday! Metro editions which appeared on the 19th and 26th day(s) of July and the 2nd day(s) of August 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly anthorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanirnons1y passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Misc eous Book "M", Volume 14, Page 317. COPY SALE #48 Sworn to an PUBLICATION CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS co. For publishing the notice or publication attached hereto on the above stated dates 376.49 1lUl..~ ULE No. 48 Wrtr .....2lIlIH67 cIYn T..... Counll)_ Home LoIlns, Inc. v. Mark R. ~ Atty: -Schnllllll DESCIlIPTION All 'JllAT CF.Kt\IN Lot lY ThlcI of ground ...... in NlYIb MiddIoaio TOWDOIIip, CumbcrIaod County, ~ of PemtJylvaoia, lIl<Jlt pW:uIadyOOuodedaoddosaibod.._: IlEGINNING It. point ...lbe.N_ tight. of-wllJliaeof_~_atlbedi. vidinsJ/oeolL<xaNo. ~aod86,.._.... fiDaI~Pbaof_lbm_ Plwe D'aod Plwe m, .. recordOd in Pba!look 29,Pa,e7: tIta1l:e by _ Nmilem rigbI-of- way line. South 83 dtgnos 10....'" 21 -..Is Eaat18.00feetin.poiot...lbeW_liaeof Lot No. 87: tIta1l:e by-line. Ncrth 00 dtgnos 49_ J91OCODl1a. Eaat 140.00 feet" . poiot8.1dtgnos III _ 21_ Weal 18.oofeet ".poiot ""lbe_1ine of Lot No. 85; tIta1l:e by _line. South 00 dtgnos49 mimles39_-,l40.oof",,,.pbint, ~ m;pIao: ofBI!IlINNING. BEiNG LotN.. 86, 00. fiDaI SubdivisiooPlan of_IbmEalates.PlweDandPbaoem,.. recordOtliD,PlanBoot29,fa8e7. IIAVlNGdlereon_.toowIiooootlwellio& known Old _'.. 1122 _ Drive Nooll,c..tioIt.PAI7013. lUGEtJIER wi1IIlbe rigbI " P'" and _ for ingress andegreii, in common with odien _lbe_.._...oaidmaptoaodfrom lbe Lot ...........,..L BEiNG 0Jbj0cl1O . Delaalion of Coveoan<s liledinMilC:,IlooI:229, Pa.le 531. UNIlllR8IIIsubje<t._laa,lOlbe_ excq>Iioo.o. .rondiIi.... mttictioos .and reseMiticms as contained in. toor deeds of .".,.,..",. BEING di. ...., ]X<OIises wbicb Robert D. EiclItr. by iii> deed __ April :ai, 1987 and recordOdApril:al.I987indreOlliceollbe _ol~,ol~~inDeed IlooI: '1'", _31 Pa.le 518. pallICd and """"f"!_UodaS. a.t.___ VE5l1!D BY' Spet:iaI WlHaoty Deed_lI 6.\1l,p,oby_1I. ~andJJdnA.KIine, _and'Oif<,.._1l.1IiIe,hil....add aasipa~lI1WinJlool:2S0Pa.le3859. TAX PAIlClIL f29.17-15B:W74. l'AROlLW'll14. ~ BIlIOO: 1122 \'lleooaot ilnve NodII. CdoIo, M 11013. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Y1Z: July 15, 22, 29, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. o AND SUBSCRIBED before me this day of July, 2005 NOTA AL SEAL LOIS E. SNYDER. Notary Public Carlisle Boro. Cumbertand County My Commission Expires March 5. 2009 REAL ESTATE SALE NO. 48 Writ No. 2004-457 Civil Countryv.ride Home Loans, Inc. VS. Mark R. Kline Atty.: Daniel Schmieg ALL THAT CERTAIN lot or tract of ground situate in North Middleton Township, Cumberland County, Commonwealth of Pennsylvania. more particularly bounded and de- scribed as follows: BEGINNING at a point on the northern right-of-way line of Pheas- ant Drive North at the dividing line of Lots No. 85 and 86, as shown on a final subdivision plan of Pheasant Run Estates, Phase II & Phase III, as recorded in Plan Book 29, Page 7; thence by aforesaid northern right-of-way Bne, South 83 degrees 10 minutes 21 seconds East 18.00 feet to a point on the western line of Lot No. 87; thence by aforesaid line, North 06 degrees 49 minutes 39 seconds, East 140.00 feet to a point 83 degrees 10 minutes 21 sec- onds West 18.00 feet to a point on the eastern line of Lot No. 85; thence by aforesaid line, South 06 degrees 49 mInutes 39 seconds West 140.00 feet to a point, being the place of beginning. BEING Lot No. 86, on a Final Subdivision Plan of Pheasant Run Estates, Phase II & Phase III, as recorded in Plan Book 29, Page 7. HAVING thereon erected a town- house dwelling known and num- bered as 1122 Pheasant Drive North, Carlisle, PA 17013. TOGETHER with the right to pass and repass for ingress and egress, in common with others over the roads as shown on said map to and from the lot herein conveyed. BEING subject to a Declaration of Covenants filed in Misc. Book 229. Page 531. UNDER AND SUBJECT, never- theless, to the same exceptions, conditions, restrictions and reser- vations as contained in prior deeds of conveyance. BEING the same premises which Robert D. Eicher, by his Deed dated April 20, 1987 and recorded April 20. 1987 in the Office of the Re- corder of Deeds of Cumberland County in Deed Book "P" Volume 32, Page 518, granted and conveyed unto Linda S. Clark, Grantor herein. Vested by: Special Warranty Deed dated 2-6-02, given by Mark R. Kline and Debra A. Kline, husband and wife to Mark R. Kline, his heirs and assigns recorded 3-14-02 in Book: 250, Page 3859. TAX PARCEL #29-17.1583.074. PARCEL ID #074. PREMISES BEING: 1122 PHEAS. MITDmvENORTH,QlliUSlli.PA 17013.