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HomeMy WebLinkAbout04-1001 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 FORPLArnTITF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INe. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTITICATES, UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1,2002 505 SOUTH MAIN STREET SUITE 100 ORANGE, CA 92868 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. D4 - IDOl (};u..CTf.oy CUMBERLAND COUNTY Plaintiff v. JAMES R. MOUL MA YRE ERIN MOUL 16 WEST MArn STREET CAMP HILL, P A 17011 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IT 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. IT 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 COUNfY CUMBERLAND COUNfY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 File#: 89018 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC. SERIES 2002-D, ASSET BACKED PASS-THROUGH CERTIFICATES, UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 505 SOUTH MAIN STREET SUITE 100 ORANGE, CA 92868 2. The name(s) and last known addressees) of the Defendant(s) are: JAMES R. MOUL MA YRE ERIN MOUL 16 WEST MAIN STREET CAMP HILL, P A 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/15/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1791, Page 136. Said mortgage was modified as set forth in the modification agreement dated 01/08/03, III Mortgage Book No. 693, Page 1294. 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 11/01/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #; 89018 File#: 89018 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TillS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 6. The following amounts are due on the mortgage: Principal Balance futerest 10/0 1/2003 through 03/04/2004 (Per Diem $29.86) Attorney's Fees Cumulative Late Charges 10/15/2002 to 03/04/2004 Cost of Suit and Title Search Subtotal $122,863.04 4,658.16 1,250.00 134.42 $ 550.00 $ 129,455.62 Escrow Credit Deficit Subtotal 0.00 3,025.66 $ 3,025.66 TOTAL $ 132,481.28 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice offutention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, andlor Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 132,481.28, together with interest from 03/04/2004 at the rate of$29.86 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. FEDERMAN ~ PHI2LAN, LLP By: IS/Fr1lc'i~~l.J,JL- FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 89018 ALL TIIA!r C.E:RlrAIN piece or parcel of land, situate, lYing and being in t:le Borough of Shiremanstown, CmDberland County, Pennsylvania, being more :fully bounded, lilnited and described as follows, to 'W.it: BEGUTNZNG a1: a POint on the North by Main Street, haVing a frontage of 1:orty feet. On tbe East by land now or forl!lerly of Gary-Alan DeV'!llopment Corp., One hundred eighty-three (1B.3) feet, more Or less to Courtland Alley. on the West by land now or formerly of l:'ester J. MaYberry, one hundred eightY-thrE.e (IB3) feet, more or less, to Main Street, the place 01' BBGnTNIJlGi. PREMISES BEING: 16 WEST MAIN STREET VERIFICATION STEPHEN C. WHITAKER hereby states that he is FORECLOSURE SPECIALIST of AMERIQUEST MORTGAGE COMPANY 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 her knowledge, information and belief. The undersigned IUlderstands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to IUlswom falsification to authorities. DATE: "3 \ b \ 0,+ 7C) p ~ tt. 'i ~ r:1 r'~ ., c-:-_" C) -- ~ 01 C_.J ~Tl ~ ~ ..r.' ::r:: ---l \) () - " . -n r- :;0 Ill!..::'; -t:::. " I ';"1 ~ . CO) ca .- c..: I .. (:.) -4) - ... ~~i - ( :I ~ c..) .,. j'-., '-.J) '-.!.... SHERIFF'S RETURN - REGULAR CASE NO: 2004-01001 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS MOUL JAMES R ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MOUL JAMES R the DEFENDANT , at 1900:00 HOURS, on the 9th day of March , 2004 at 16 WEST MAIN STREET SHIREMANSTOWN, PA 17011 by handing to MAYRE MOUL, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8.97 .00 10.00 .00 36.97 -~~._d' ~~4 -r ~,"';'~".'^'~,,..~.~ R. Thomas Kline 03/10/2004 FEDERMAN & PHELAN me this .... J:, ~ day of By: A ~~ Ucdi2.:.k Deputy sl-;~67'fT' Sworn and Subscribed to before ~ ~(Jo'-( A.D_ /~ \. Q h-td~ < prothonotary'~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-01001 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS MOUL JAMES R ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MOUL MAYRE ERIN the DEFENDANT at 1900:00 HOURS, on the 9th day of March 2004 at 16 WEST MAIN STREET SHIREMANSTOWN, PA 17011 by handing to MAYRE MOUL a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 '.~ a~.~-..." ~ ",,,:,,/;,::~,;P'f'- ..,,'.:',.- . , . ~~ ,/"..,,(:'~' R. Thomas Kline 03/10/2004 FEDERMAN & PHELAN Sworn and Subscribed to before me this I;J-- 15 - day of By: ~tJd:+ . Deputy She~ff~ ~ ;J.()-C-' A.D. (J,"..,. Q ~ I~ lp~thonotary . -FEDERMAN PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY 505 SOUTH MAIN STREET SUITE 100 ORANGE, CA 92868 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 04-1001 JAMES R. MOUL MA YRE ERIN MOUL 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 JAMES R. MOUL and MA YRE ERIN MOUL, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 03/05/04 to 01/20/05 TOTAL $132,481.28 $ 9,614.92 $142,096.20 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. ~ G. 2t'.h.., ,;~ DANIEL G. SCHMIEG, ES UIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA?r. .. DATE: 1- J..~~OJ C~ PRO PROTHY fto r (~) >n c \' I::'::) >'.,.J PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 FilE COpy One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (71~) ~1i1-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, : COURT OF COMMON PLEAS AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INe. SERIES 2002-D, ASSET BACKED : CML DMSlON PASS-THROUGH CERTIFICATES, UNDER THE POOLING & SER V1CING AGREEMENT DATED AS : CUMBERLAND COUNTY OF DECEMBER I, 2002 Plaintiff : NO. 04-1001 CIVIL TERM Vs. JAMES R. MOUL MA YRE ERIN MOUL Defendants TO: JAMES R. MOUL 16 WEST MAIN STREET CAMPlllLL, PA 17011 DATE OF NOTiCE: DFrF.MRFR 20. 2004 THIS FIRM IS A DEBT COLLECfOR AITEMPTING TO COLLECf A DEBT. THIS NOTICE IS SENT TO YOU IN AN AITEMPT TO COLLECf 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, lHIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN AITEMPT TO COLLECf A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITIEN 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 ACf WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SER V1CES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COlJNfY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff '- -~i ~ ......; PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (? 1~) ~(),_7000 DEUfSCHE BANK NATIONAL 1RUST COMPANY, : COURT OF COMMON PLEAS AS 1RUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC. SERIES 2002-D, ASSET BACKED : CML DMSION PASS-TIfROUGH CERTIFICATES, UNDER THE POOLING & SERVICING AGREEMENT DATED AS : CUMBERLAND COUNTY OF DECEMBER 1,2002 Plaintiff : NO. 04-1001 CML TERM Vs. JAMES R. MOUL MA YRE ERIN MOUL Defendants TO: MA YRE ERIN MOUL 16 WEST MAIN STREET CAMP HILL, PA 17011 DATE OF NOTICE: DFTF.MRF.R 20. 2004 THIS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN A TIEMPT 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 ATIEMPT 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 WRITIEN APPEARANCE PERSONALLY OR BY A TIORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITI!IN 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 LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON 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 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff --- , n "'f1 _--1 -~\:.-n i"\~ CJ (~" ., ("I J'. ;i ~~'~ :!.~: .,.t_. p.) ~,. ~) ~ (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY 505 SOUTH MAIN STREET SUITE 100 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 04-1001 JAMES R. MOUL MAYRE ERIN MOUL Defendant(s). Notice is given that a Judgment in the above.captioned matter has been entered against you on _IH,'i~J1.1'J05 . I-elf- uS By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG. ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." ~ Q;~ 3J \ --- cJ' ~ ~. ~ ' ~ d\ ,..J - ~ y t;jJ s ~ t ~ (' G - Clt , "-' ---<:' ~ 1T C>, 0<;: t.,~ ,..) () CTl -"'1'1 L. '--.1 ."~ (,'c;~ .'"1'1'1 r,,') 'je) _, \ L L) " '" "'n ~.<, , (''') , ,'0';1; -~,.,y ':;"::; C"J .-.j - FEDERMAN PHELAN, LLP 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 DEUTSCHE BANK NATIONAL TRUST COMPANY 505 SOUTH MAIN STREET SUITE 100 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 04-1001 JAMES R. MOUL MA YRE ERIN MOUL Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JAMES R. MOUL is over 18 years of age and resides at , 16 WEST MAIN STREET, CAMP HILL, PA 17011 . (c) that defendant MA YRE ERIN MOUL is over 18 years of age, and resides at, 16 WEST MAIN STREET, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. e.s. Section 4904 relating to unswom falsification to authorities. ~ (, ~Pkm..~ DANIEL G. SCHMIEG, E QUlRE Attorney for Plaintiff ( "'" ... 1,-::) () "11 ::1 ;;:i~Q n"l C) ~> ..11 ;::"') i'n .,,~J FEDERMAN PHELAN, LLP 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 DEUTSCHE BANK NATIONAL TRUST COMP ANY CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION JAMES R. MOUL MAYRE ERIN MOUL NO. 04-1001 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: () an FHA mortgage () non-owner occupied () vacant ( X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. !1vrd G ~~ DANIEL G. SCHMIEG, E QUIRE Attomey for Plaintiff c_ j"-,' (~) .,~,.,J ---- ,) -n --I ; ri ;:n nl (::J I () 'c'; -'n I;:') i,l - FEDERMAN PHELAN, LLP 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 DEUTSCHE BANK NATIONAL TRUST COMPANY 505 SOUTH MAIN STREET SUITE 100 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 04-1001 JAMES R. MOUL MAYRE ERIN MOUL Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JAMES R. MOUL is over 18 years of age and resides at , 16 WEST MAIN STREET, CAMP HILL, PA 17011. (c) that defendant MAYRE ERIN MOUL is over 18 years of age, and resides at, 16 WEST MAIN STREET, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. ~g(,.~FJ,...,~;1 DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff ( ,- 1~',') n -'f' :7.." 11\\CG ~, , () '.'.~' .'iJ Z:-) '"\1 , .~~ :-'iL c"::J --..~ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 DEUTSCHE BANK NATIONAL TRUST COMPANY Plaintiff, v. No. 04-1001 JAMES R. MOUL MA YRE ERIN MOUL Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $142,096.20 / Interest from 01/20105 to JUNE 08,2005 (per diem -$23.36) $3,247.04 and Costs TOTAL $145,343.24 ~p{, y, DANIEL G. SCHMIEG, E DIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. .... .... ........ QQ r-r- .... .... << ~~ d~ ....=l ~$ == ~~ o~ ~ Z ~~ 0 ~ .... UU .... ...... "'"~ 8 """" ~z ~ "'" ~e ~~ .,,; 6z Q) ~'s; ~ "'"6 "" ::l ........ ~ 6~ ~~ 1JJ1JJ '" ~ ~ ~~ O'g ~~ .8 0'" ~z U~ ,;, ~~ ~~ ~~ g ~;;l z~ ?> ~~ ~~ ~~ '" 00 ~o ~~ ~ ~~ ~o: ~~ g. IlQU ~~ 0.21' 5~ ~ ~ Po ~ -.0-.0 Q) 's;6 .... .... ~ us U .... ~ ""I>< 1JJ U u; .... '" ~~ ~ Q) ~ .;,; ~ Q) - ~;;l ~ .~ U ~ ':.) "'1'''( f... ;'.,) ",," t<"i LEGAL DESCRIPTION ALL THAT CERTA[N piece or parcel of land, situate, lying and being in the Borough of Shiremanstown, Cumberland County, Pennsylvania being more fully bounded. limited and described as follows, to wit: BEG[NN[NG at a point on the North by Main Street, having a frontage of forty feet; on the East by land now or formerly of Gary-Alan Development Corporation one hundred eighty-three (183) feet, more or less to Courtland Alley; on the West by land now or formerly of Lester J. Mayberry, one hundred eighty-three (183) feet, more or less, to Main Street the place of beginning. HAVING thereon erected a two and one-half story brick dwelling house being known and numbered as 16 West Main Street, Shirerrtansfown, Pennsylvania, Tax Parcel #37-23-0555-032 TITLE TO SAID PREM[SES [S VESTED IN James R. Moul and Mayre Erin Moul, his wife by Deed from Brian C Sweeney and Laura M. Sweeney, his wife dated 4/912001 and recorded 4/1912001 in Record Book 243 page 14. Together with any improvements thereon erected, being known as 16 West Main Street, Camp Hill, P A 17011 . ~ --.-,,' ~p - fJ UJ +:- cf . \~ --.. ~ -- LJ,.} ~ 9-.,]V '2 2- b' Q ~\-+-, - 'e' -.>:\ ~ .,...J c;J f:") "T') ~ ~-~ :~j '<_"_ ;-;1;:9 \".-' CJ < ,.' ~~ zoo.) nl ':2 ~~,J c~'? DEUTSCHE BANK NATIONAL TRUST COMPANY CUMBERLAND COUNTY Plaintiff. No. 04-1001 v. JAMES R. MOUL MA YRE ERIN MOUL Defendant(s). January 20, 2005 TO: JAMES R. MOUL 16 WEST MAIN STREET CAMP HILL. P A 17011 MA YRE ERIN MOUL 16 WEST MAIN STREET CAMP HILL, PA 17011 ""THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."" Your house (real estate) at .16 WEST MAIN STREET. CAMP HILL. PA 17011. is scheduled to be sold at the Sheriff's Sale on JUNE 08.2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $142.096.20 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY (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: 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 attomey.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder . You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate, lying and being in the Borough of ShiremallStown, Cumberland County, Pennsylvania being more fully bounded, limited and described as follows, to wit: BEGINNING at a point on the North by Main Street, having a frontage of forty feet; on the East by land now or formerly of Gary-Alan Development Corporation one hundred eighty-three (183) feet, more or less to Courtland Alley; on the West by land now or formerly of Lester J. Mayberry, one hundred eighty-three (183) feet, more or less, to Main Street the place of beginning. HAVING thereon erected a two and one-half story brick dwelling house being known and numbered as 16 West Main Street, Shiremaostown, Pennsylvania. Tax Parcel #37-23-0555-032 TITLE TO SAID PREMISES IS VESTED IN James R. Moul and Mayre Erin Moul, his wife by Deed from Brian C. Sweeney and Laura M. Sweeney, his wife dated 4/9/2001 and recorded 4/1912001 in Record Book 243 page 14. Together with any improvements thereon erected, being known as 16 West Main Street, Camp Hill, P A 17011 (-~ c-:) --i"', :--;:1 i:'i ::n r.. ,':!rT1 ;5? i "J ~"n .\ .}J ,- C-) rTl ,.' , -n ['\.) DEUTSCHE BANK NATIONAL TRUST COMPANY CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION JAMES R. MOUL MAYRE ERIN MOUL NO. 04-1001 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) DEUTSCHE BANK NATIONAL TRUST COMPANY, Plaintiff in the above action, by its attomey, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information conceming the real property located at .16 WEST MAIN STREET. CAMP HILL. PA 17011. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES R. MOUL 16 WEST MAIN STREET CAMP HILL, PA 17011 MA YRE ERIN MOUL 16 WEST MAIN STREET CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMONWEALTH OF PA DEPT. OF REVENUE BUREAU OF COMPLIANCE DEP AR TMENT #280946 HARRIS BURGH. PA 17128-0946 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 16 WEST MAIN STREET CAMP HILL, P A 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Januarv 20. 2005 DATE J1w.;,j G. ~,L"1 DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff . c ("") "["1 ::::1 ~:" -n "'P /rn 10 ;~ (~) ::n ~2 ,., j"',,) I,) - WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 04-1001 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY Plaintiff(s) From JAMES R. AND MAYRE ERIN MOUL, 16 W. MAIN ST., CAMP HILL PA 17011. (1) You are directed to levy upon the property of the defendant (.)and to sell REAL ESTATE LOCATED AT AT 16 W. MAIN ST., CAMP HILL PA 17011 (SEE LEGAL DESCRlPTOIN) . (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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $142,096.20 L.L. $.50 Interest FROM 1/20/05 TO 6/8/05 @ $23.36 per diem = $3,247.04 Atty's Carom % Due Prothy $1.00 Atty Paid $134.97 Other Costs Plaintiff Paid $34.25 Date: January 24, 2005 (Seal) CURTIS R. LONG ;~~ hi .~ "'~ Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ. Address: ONE PENN CENTER@SUBURBAN STATION 1617 JFK BLVD., STE 1400, PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST ) CIVIL ACTION COMPANY, AS TRUSTEE OF ) AMERIQUEST MORTGAGE SECURITIES INC. SERIES 2002-D, ASSET BACKED P ASS-THROUGH CERTIFICATES, UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2002 ) CIVIL DIVISION ) NO. 04-1001 vs. JAMES R. MOUL MA YRE ERIN MOUL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIOUEST MORTGAGE SECURITIES INC. SERIES 2002-D. ASSET BACKED PASS- THROUGH CERTIFICATES, UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF DECEMBER 1. 2002 hereby verify that on 1/28/05 & 4/1/05 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: AprilS. 2005 , ~ \ c.tmllQ '" ~m~Q~ ~NIEL G. SC~IE , ESQUIRE . Attomey for Plaintiff .-. DEUTSCHE BANK NATIONAL TRUST COMPANY CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION JAMES R. MOUL MA YRE ERIN MOUL NO. 04-1001 Defendant(s). AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) DEUTSCHE BANK NATIONAL TRUST COMPANY, Plaintiff in the above action, by its attomey, DANIEL G. 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,16 WEST MAIN STREET. CAMP HILL, PA 17011 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES R. MOUL 16 WEST MAIN STREET CAMP HILL, P A 17011 MAYRE ERIN MOUL 16 WEST MAIN STREET CAMP HILL, PA 17011 2. Name and address ofDefendant(s) in thejudgmenl: 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) COMMONWEALTH OF PA DEPT. OF REVENUE BUREAU OF COMPLIANCE DEPARTMENT #280946 HARRIS BURGH, P A 17128-0946 AMERICAN GENERAL FINANCE SERVICES 6 HANOVER STREET CARLISLE, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LOWER ALLEN TOWNSHIP AUTHORITY 120 LIMEKILN ROAD NEW CUMBERLAND, PA 17070 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 16 WEST MAIN STREET CAMP HILL, P A 17011 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. April 5, 2005 DATE ~rrful ~ ~h,~ 2 o~ ANlEL G.SCHMlEG, ESQU Attorney for Plaintiff ----------- "0"'; ..'s.. ...-' - u!::.. 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'" q o ?- g. ~ o 5\ n o E: po * ~ I ~ -,,"" C) -f\ .-\ ",-L. ....,.., l,-"l."'f';;' _'~""t-n .,9;:( ~.c.\C,.) ;..-,\ (':::'(.'C) {'}i"i1 , ~1 t'~" c'" .;~ I.;f'l .-\' ~. ~,~ :- ) \ .....1 ",' -' ~"'''1 L:? r~ o -~-------------- Deutsche Bank National Trust Company VS James R. Moul and Mayre Erin Moul In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-1001 Civil Term David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on February 22, 2005 at 9:05 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: Mayre Erin Moul, by making known unto Mayre Moul, personally, at 16 West Main Street, Shiremanstown, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: James R. Moul, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale, and Description as NOT FOUND, as to the defendant, James R. Moul. Defendant no longer resides at 16 West Main Street, Shiremanstown, PA and the post office does not have a forwarding address for him. Kenneth Gossert, Deputy Sheriff, who being duly swom according to law, states that on April 04, 2005 at 7:45 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 James R. Moul and Mayre Erin Moullocated at 16 West Main Street, Shiremanstown, 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: Mayre Erin Moul, by regular mail to her last known address of 16 West Main Street, Shiremanstown, P A 170 II. This letter was mailed under the date of April 8, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Sclunieg. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Law Library Prothonotary Mileage Certified Mail Levy Surcharge Postage Law Journal 30.00 13.60 15.00 15.00 .50 1.00 20.72 10.67 15.00 30.00 .37 237.50 "<;t> \. th..':>bO"t JL J~~l,~t Patriot News Share of Bills 287.56 16.47 $693.39 Swom and subscribed to before me So..~~: e ~~""Jl"'''''~'~ ~_./' . R. Thomas Kline, heriff e /" This K- day on j".-..<- I 2005, A.D. (1;[<.. (J 'rluj~ # Proih notary ~ , ,. . DEUTSCHE BANK NATIONAL TRUST COMPANY CUMBERLAND COUNTY . Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION JAMES R. MOUL MA YRE ERIN MOUL NO. 04-1001 ,. ;"':rN <r\~~f~ " :, ~~., Defendant(s). .. , AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) DEUTSCHE BANK NATIONAL TRUST COMPANY, 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 conceming the real property located at ,16 WEST MAIN STREET. CAMP HILL, P A 17011 . I. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES R. MOUL 16 WEST MAIN STREET CAMP HILL, PA 17011 MA YRE ERIN MOUL 16 WEST MAIN STREET CAMP HILL, PA 17011 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) COMMONWEALTH OF PA DEPT. OF REVENUE BUREAU OF COMPLIANCE DEPARTMENT #280946 HARRISBURGH. PA 17128-0946 , 4. Name and address of last recorded holder of every mortgage of record: . Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 16 WEST MAIN STREET CAMP HILL, PA 17011 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 of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 20. 2005 DATE ~;.j C. jAAo";t DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff ( DEUTSCHE BANK NATIONAL TRUST COMPANY CUMBERLAND COUNTY Plaintiff, No. 04-1001 v. JAMES R. MOUL MAYRE ERIN MOUL Defendant(s). January 20, 2005 TO: JAMES R. MOUL 16 WEST MAIN STREET CAMP HILL, P A 17011 MAYRE ERIN MOUL 16 WEST MAIN STREET CAMP HILL, PA 17011 ..THIS FIRM IS A DEBT COLLECTOR A7TEMPTING 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 A7TEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY... Your house (real estate) at , 16 WEST MAIN STREET. CAMP HILL. P A 17011. is scheduled to be sold at the Sheriffs Sale on JUNE 08.2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of$142.096.20 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY (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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: \. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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 attomey 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 attomey.) 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 ifthe buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 / LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate, lying and being in the Borough of Shiremanstown, Cumberland County, Pennsylvania being more fully bounded, limited and described as follows, to wit: BEGINNING at a point on the North by Main Street, having a frontage of forty feet; on the East by land now or formerly of Gary-Alan Development Corporation one hundred eighty-three (183) feet, more or less to Courtland Alley; on the West by land now or formerly of Lester J. Mayberry, one hundred eighty-three (183) feet, more or less, to Main Street the place of beginning. HAVING thereon erected a two and one-half story brick dwelling house being known and numbered as 16 West Main Street, Shiremanstown, Pennsylvania. Tax Parcel #37-23-0555-032 TITLE TO SAID PREMISES IS VESTED IN James R. Moul and Mayre Erin Moul, his wife by Deed from Brian C. Sweeney and Laura M. Sweeney, his wife dated 4/912001 and recorded 4/1912001 in Record Book 243 page 14. Together with any improvements thereon erected, being known as 16 West Main Street, Camp Hill, P A 17011 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-1001 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY Plaintiff(s) From JAMES R. AND MAYRE ERIN MOUL, 16 W. MAIN ST., CAMP HILL PA 17011. (I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT AT 16 W. MAIN ST., CAMP HILL PA 17011 (SEE LEGAL DESCRIPTOIN) . (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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $142,096.20 L.L. $.50 Interest FROM 1/20/05 TO 6/8/05 @ $23.36 per diem = $3,247.04 Atty'. Comm % Due Prothy $1.00 Atty Paid $134.97 Plaintiff Paid $34.25 Date: January 24, 2005 Other Costs CURTIS R. LONG (Seal) By: / ~ , , REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ. Address: ONE PENN CENTER@ SUBURBAN STATION 1617 JFK BLVD., STE 1400, PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 Real Estate Sale #05 On February 10,2005 the Sherifflevied upon the defendant's interest in the real property situated in Shiremanstown Borough, Cumberland County, P A Known and numbered as 16 West Main Street Camp Hill, more fully described on Exhibit "A" Date: February 10,2005 By: Real Estate Deputy ~ ~ ~ ~ filed with this writ and by this reference incorporated herein. I" :01 "if QZ NVr ~OOl \td 'AUmOJ UrtVluJ81-lf13 j::llH3HS 3Hl ;!O 3:J/;L:JO .- - THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth ofPennsylV3nia, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street. in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854. and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday! Metro editions which appeared on the 26th day(s) of April and the 3rd and lOth day(s) of May 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 authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellane Book "M", Volume 14, Page 317. COpy S ALE #5 Sworn to and su c. 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 287.56 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.................................................................... REAL ES1JmE IALE No. 05 _ No. .....1lIOt CW1llnn DINItache ~ NldIonaI 1hlel CoinpMy v. "-R.IIaul_ A~~ DESCIlIPnoN r .l AlL TIIAT CIlIlI'AlN pie<O or parcel of 1aod,_.IyiogandbeiDginlhellllroughof s_. CUllIIJo!III!ld County. ~....... beiDg _lUIly bounded./imifl:d anddool:lib<d.._.roWit: BIDNNING". poinl em lhe N9tth by Main S_.ba>ing. fIooIaae oflixty fool; 00 lhe East by Iaod now or fonoerly of Gary-Alan ~CoIplIalioo....-ei!,l1ty dm:e (183) Jioel. '!!!II" or Ioao II> QJanIaDd Alley; OIllhe ~ by.*_ or tilmaIy oIl.esltr J. Maybeay, .... ~ oiPt!< dPe (183) l1:et. _ or 1esa.1ll Main _.....pla<:e of BOOJNNING. ~*""",IIlliIIod'lWOand"'baIf story ." '.lMJuae beiDg known and n .,. I. WOIl:."iIlain S_. . ," -, <C' -." .. J:'-~ ,J,' _ . TAXNo.37~:"t32. . .1l'lU!TO ... ."""'inlama 1l._.iod~~hia"",byD004 Iiom ....'c. :. .. iod!.liiil M. ~. lia.....doialI....,.II<I"""""d-lll9f.1llllin __1I<d:1I1...... . . ~ ......, ~.- - ......s. ... _ . 1)Vat Main Sllld. CI!oP.;IIUlllll. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA 55. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: April 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. S N TO AND SUBSCRIBED before me this 29 day of Avril ~SEAL LOIS E. SNYDER, Notary Public Carlisle B<lro, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE IIA1.& IIC. Writ No. 2004-1001 Civil Deutsche Bank National Trust Company VB. James R. Moul and Mayre Erin Moul At1y.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or par- cel of land, situate, lying and being in the Borough of ShiremanstoWIl, Cumberland County. Pennsylvania being more fully bounded. limited and described as follows, to wit: BEGINNING at a point on the North by Main Street, having a front- age of forty feet; on the East by land now or formerly of Gary-Alan De- velopment Corporation one hundred eighty-three (183) feet, more or less to Courtland Alley; on the West by land now or formerly of Lester J. Maybeny. one hundred eighty-three (183) feet. more or less. to Main Street the place of beginning. HAVING thereon erected a two and one-half story brick dwelling house being known and numbered as 16 West Main Street, Shiremarrs- town, PennsylvanIa. Tax Parcel #37-23-0555-032. TiTLE TO SAID PREMISES IS VES1ED IN James R Maul and Mayre Erin Maul. his wife by Deed from Bri- an C. Sweeney and Laura M. Sween- ey, his wife dated 4/9/2001 and recorded 4/19/2001 in Record Book 243 page 14. Together with any improvements thereon erected, being known as 16 West Main Street, Camp Hill. P A 170i 1.