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HomeMy WebLinkAbout08-6117 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM &//7 NO. OF - N1 / wfm CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 ,FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 185010 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 V. Plaintiff JO ELLEN ENDERS 21 WEST SHORE DRIVE CAMP HILL, PA 17011 File #: 185010 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 185010 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 File #: 185010 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. File #: 185010 1. Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: JO ELLEN ENDERS 21 WEST SHORE DRIVE CAMP HILL, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/03/2001 JOANNA T. BRANCH made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR COUNTRYWIDE HOME LOANS, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1726, Page 4884. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2008 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 #: 185010 6. The following amounts are due on the mortgage: Principal Balance $96,378.20 Interest $4,488.22 02/01/2008 through 10/10/2008 (Per Diem $17.74) Attorney's Fees $1,250.00 Cumulative Late Charges $168.90 07/03/2001 to 10/10/2008 Cost of Suit and Title Search 550.00 Subtotal $102,835.32 Escrow Credit ($890.42) Deficit $0.00 Subtotal 890.42 TOTAL $101,944.90 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 185010 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. 11. Mortgagor, JOANNA T. BRANCH, died testate on August 10, 2002. Her last Will and Testament was probated by the Chesterfield Circuit Court Wills Office, Commonwealth of Virginia, on September 18, 2002, at Estate Title No. 02-618. 12. The deceased Mortgagor's Executor of her Estate is MALCOM L. WELLS. 13. By Deed dated 12/27/2007, recorded 1/8/08, in Instrument No. 2000800841, Malcolm L. Wells, Executor of the Estate of Joanna T. Branch, conveyed the subject Mortgaged premises to JO ELLEN ENDERS. 14. Plaintiff hereby releases JOANNA T. BRANCH from liability for the debt secured by the Mortgage. File #: 185010 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $101,944.90, together with interest from 10/10/2008 at the rate of $17.74 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. P LAN LINAN SCHMIEG, LLP By. 7 LAWRENCE T. PHELAN, ESQUIRE tAANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 185010 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at at point on the eastern side of West Shore Drive which point, measured along the eastern and southern side of West Shore Drive, is 921.46 feet northeast of the northeast corner of Cedar Cliff Drive and West Shore Drive and which point is also at the northern line of Lot No. 3 on the Plan of Lots hereinafter referred to; thence along the eastern side of West Shore Drive, North 16 degrees 53 minutes 30 seconds East, 85 feet to a point at the southern line of Lot No. 1 on the Plan of Lots hereinafter referred to; thence along the southern line of Lot No. 1 aforesaid, South 73 degrees 6 minutes 30 seconds East, 134 feet to a point at other lands now or formerly of Willard F. Keiser, Jr. and Anna M. Keiser, his wife; thence along other lands now or formerly of Willard F. Keiser, Jr. and Anna M. Keiser, his wife, South 16 degrees 53 minutes 30 seconds West, 85 feet to a point at the northern line of Lot No. 3 on the Plan of Lots hereinafter referred to; thence along the northern line of Lot No. 3 aforesaid, North 73 degrees 6 minutes 30 seconds West, 134 feet to a point, being the place of BEGINNING. BEING Lot No. 2 on a Plan of Lots known as Plan No. B-2 Cedar Cliff Manor, recorded in the Cumberland County Recorder's Office in Plan Book 10, Page 35. PARCEL NO. 13-23-0545-419 PROPERTY BEING: 21 WEST SHORE DRIVE File #: 185010 VERIFICATION I hereby state that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that, the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. DATE: 10 I )') g -1 / /&Wt'-;' Attorney for Plaintiff File #: 185010 C7 r,,s T A 2 °a p fl?zn, ?r L ?7 SHERIFF'S RETURN - REGULAR CASE NO: 2008-06117 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS ENDERS JO ELLEN MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ENDERS JO ELLEN the DEFENDANT , at 1035:00 HOURS, on the 18th day of October , 2008 at 21 WEST SHORE DRIVE CAMP HILL, PA 17011 CATHY DOLEN, FRIEND by handing to ADULT IN CHARGE 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 18.00 Service 16.00 Affidavit .00 Surcharge 10.00 .00 16?a??o5, 44.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 10/20/2008 PHELAN HALLINAN SCHMI By: Deputy Sheriff of A. D. PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO. 08-6117 CIVIL TERM JO ELLEN ENDERS CUMBERLAND COUNTY Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attornney? for Plaintiff By: - 9?L Francis S. Hallman, Esquire Date: 11/05/08 PHS #: 185010 VERIFICATION Donald Clark hereby states that he/she is ASSISTANT VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC., servicing agent for Plaintiff, COUNTRYWIDE HOME LOANS, INC., in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. Nr&ne: DATE: Title: Donald Clark, Asst. Vice President Company: COUNTRYWIDE HOME LOANS, INC. File #: 185010 PHELAN HALLINAN & SCHMIEG, LLP 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 COUNTRYWIDE HOME LOANS, INC. Plaintiff VS. JO ELLEN ENDERS Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-6117 CIVIL TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiffs Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: JO ELLEN ENDERS 21 WEST SHORE DRIVE CAMP HILL, PA 17011-7718 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: ?l ? ,kl-- Francis S. Hallman, Esquire Date: 11/05/08 ?` C"? ? ? -r .- 3 ?. ,y .? . ? ? ??~ 4 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 COUNTRYWIDE HOME LOANS, INC. VS. JO ELLEN ENDERS 21 WEST SHORE DRIVE CAMP HILL, PA 17011-7718 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-6117 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JO ELLEN ENDERS, 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 $101,944.90 Interest -10/11/2008 to 12/15/2008 $1,170.84 TOTAL $103,115.74 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, co at ched, /, /? / Daniel G. Schmieg, E Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS # 185010 PRO PRO HY Ak Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 COUNTRYWIDE HOME LOANS, INC. VS. JO ELLEN ENDERS Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-6117 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE Daniel G. Schmieg, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JO ELLEN ENDERS is over 18 years of age and resides at 21 WEST SHORE DRIVE, CAMP HILL, PA 17011-7718. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Daniel G. Schmieg, E Attorney for Plaintiff 4. PHELAN HALLINAN & SCHMIEG, LLP By: LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-6117 CIVIL TERM JO ELLEN ENDERS Defendant(s) TO: JO ELLEN ENDERS 21 WEST SHORE DRIVE CAMP HILL, PA 17011-7718 DATE OF NOTICE: November 14, 2008 CUMBERLAND COUNTY 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. 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 (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 LIL Y Legal Assistaaf PHS # 185010 r, rim O ? ?S y 11 ^ y ? v (Rule of Civil Procedure No. 236) - Revised COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS JO ELLEN ENDERS 21 WEST SHORE DRIVE CIVIL DIVISION CAMP HILL, PA 17011-7718 No. 08-6117 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on _( By: Y' e i?4 If you have any questions concerning this Daniel G. Schmieg, Es#96 Attorney or Party Filink/ 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 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 PRE VIO USL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OFA LIEN AGAINST PROPERTY. ** PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. No. 08-6117 CIVIL TERM JO ELLEN ENDERS Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $103,115.74 Interest from 12/16/2008 - 06/10/2009 $3,000.15 and Costs (per diem -$16.95 ) TOTAL Note: Please attach description of property. $106,115.89 DANIEI:,?. SCHMIEZ, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a roresentatiye 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. 185010 d ?a w Oo P. U ?W H? 4 W d Wh W O d d, o WC?+ U P?+ s? d 0 u, ono 1-4 N 4a „?? b Od ?A A -? 0 aA r r 0 r d a a x v A 4 o d N t T3 7? co C-n WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-6117 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 JO ELLEN ENDERS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$103,115.74 L.L.$0.50 Interest FRROM 12/16/2008 - 6/10/2009 (PER DIEM- $16.95) $3,000.15 Atty's Comm % Atty Paid $163.00 Plaintiff Paid Due Prothy $2.00 Other Costs Date: FEBRUARY 25, 2009 (Seal) 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 24,1. s R. Lo , rothonotary By: Deputy PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. JO ELLEN ENDERS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-6117 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. r, G. SCHMIEG, ESQUIRE for Plaintiff r? e 'r )CD C1] ^?CS COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. JO ELLEN ENDERS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-6117 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 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 .21 WEST SHORE DRIVE. CAMP HILL. PA 17011-7718. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JO ELLEN ENDERS 21 WEST SHORE DRIVE CAMP HILL, PA 17011-7718 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) CUMBERLAND COUNTY ADULT PROBATION 1 COURTHOUSE SQUARE 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 14*4 5. Name and address of every other person who has any record lien on the property: A Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LOWER ALLEN TOWNSHIP AUTHORITY 120 LIMEKILN ROAD NEW CUMBERLAND, PA 17070 LOWER ALLEN TOWNSHIP AUTHORITY 1993 HUMMEL AVENUE CAMP HILL, PA 17011 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 21 WEST SHORE DRIVE CAMP HILL, PA 17011-7718 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 e Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unaDG. 7orities. February 24, 2009 DATE IEG, ESQUIRE Attorney for Plaintiff 0 r? kx> _ R rzz ?-r7 d-1"i P07 ,7 ` . P° COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. JO ELLEN ENDERS Defendant(s). CUMBERLAND COUNTY No. 08-6117 CIVIL TERM February 24, 2009 TO: JO ELLEN ENDERS 21 WEST SHORE DRIVE CAMP HILL, PA 17011-7718 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY. ** Your house (real estate) at, 21 WEST SHORE DRIVE, CAMP HILL, PA 17011-7718, is scheduled to be sold at the Sheriffs Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $103,115.74 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, 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. f ;' You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 J? LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at 11 point on the eastern side of West Shore Drive which point, measured along the eastern and southern side of West Shore Drive, is 921.46 feet northeast of the northeast corner of Cedar Cliff Drive and West Shore Drive and which point is also at the northern line of Lot No. 3 on the Plan of Lots hereinafter referred to; thence along the eastern side of West Shore Drive, North 16 degrees 53 minutes 30 seconds East, 85 feet to a point at the southern line of Lot No. 1 on the Plan of Lots hereinafter referred to; thence along the southern line of Lot No. 1 aforesaid, South 73 degrees 6 minutes 30 seconds East, 134 feet to a point at other lands now or formerly of Willard F. Keiser, Jr. and Anna M. Keiser, his wife; thence along other lands now or formerly of Willard F. Keiser, Jr. and Anna M. Keiser, his wife, South 16 degrees 53 minutes 30 seconds West, 85 feet to a point at the northern line of Lot No. 3 on the Plan of Lots hereinafter referred to; thence along the northern line of Lot No. 3 aforesaid, North 73 degrees 6 minutes 30 seconds West, 134 feet to a point, being the place of BEGINNING. BEING Lot No. 2 on a Plan of Lots known as Plan No. B-2 Cedar Cliff Manor, recorded in the Cumberland County Recorder's Office in Plan Book 10, Page 35. HAVING erected thereon a one story brick and aluminum dwelling known and numbered 21 West Shore Drive, Camp Hill, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Jo Ellen Enders, by Deed from Malcolm L. Wells, Executor of the Estate of Joanna T. Branch, dated 12/27/2007, recorded 01/08/2008 in Instrument Number 200800841. The said Joanna T. Branch died testate on August 10, 2002 with her Last Will and Testament being probated by the Chesterfield Circuit Court Wills Office, Commonwealth of Virginia on September 18, 2002, to Estate File No. 02-618, and naming Malcolm L. Wells as her Executor, the Grantor herein. PREMISES BEING: ?21 WEST SHORE DRIVE, CAMP HILL, PA 17011-7718 PARCEL NO. 13-23-0545-419 AFFIDAVIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, INC DEFENDANT(S) JO ELLEN ENDERS SERVE JO ELLEN ENDERS AT: 21 WEST SHORE DRIVE CAMP HILL PA 17011-7718 SERVED 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 of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s) Is company. Other: CUMBERLAND COUNTY No. 08-6117 CIVIL TERM ACCT. #1$5010 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 10, 2009 Served and made known to. dA() E Lr i=u F & pis a ,Defendant, on the day of -1-jg.? 20e at 3' (? , o'clock .m, at e1( Was-7-5 2? 1 V p ?y t? Commonwealth of Pennsylvania, in the manner described below: Description: Age -_GA Height Weight 3 5 Race to n Sex Other 1, ellyAt'p, (V t , a competent adult, being duly sworn according to law, depose and state a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued the captioned caselonntthendate and atd the address indicated above. Sworn to and subsc 'bed before me this day of , 200 Notaryl...??_ PL?%ASE ATTEMPTS By: Ik# - AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE A SHE- ,.4 pup 9:1 TTEMPTED. ®? ?'' ?? ES 1af2512012 NOT SERVED On the %® V; 200_ at o'clock _.m., Defendant NOT FOUND because: ve? ??t?' UrAmOwn No Answer Vacant st 1 Attempt:----/-- _/Time: 2"d Attempt: / / Time: 3rd Attempt: / /Time: : Sworn to and subscribed before me this day Attorney for Plaintiff of 200 DANIEL G. SCAMIEG, Esquire - I.D. No. 62205 Notary: By. One Penn Center at Suburban Station, suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 7 L-LIt r v 2004 OR -7 M 1€ : 03 ?.Tf COUNTRYWIDE HOME LOANS, INC. VS. JO ELLEN ENDERS : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-6117 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 3129.1 OF NOTICE OF SALE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, r S. 11?AIA-'^/A?j , Esq. for COUNTRYWIDE HOME LOANS, INC. herby verify as follows: As required by Pa. R.C.P. 3129. 1 (a), Notice of Sale has been given to all known Lienholders and any known interested party 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 Affidavit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto as Exhibit «A", DATE: ? lh Z ??S By: ' Lawrence T. Phelan, Esq., Id. No. 32227 i ncis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Attorneys for Plaintiff Name and PHELAN HALLINAN & SCHMIEG, L.L.P. Address One Penn Center at Suburban Station Of Sender 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 CHRISTINE SCHOF'FLER11 Line Article Number Nate ofA&kmee, sheet, m W Pat oelee Aidress Palace Rea 1 JO ELLEN DOMESTIC RELATIONS OF ENDERS CUMBERLAND COUNTY 13 NORTH HANOVER STREET o 0 0 185010 CARLISLE, PA 17013 2 COMMONWEALTH OF PENNSYLVANIA Mm DEPARTMENT OF WELFARE O? PO BOX 2675 sq a 1 4 4 HARRISBURG PA 17105 . 3 TENANT/ OCCUPANT ° t? 21 WEST SHORE DRIVE m CAMP HaiPA 17011-7718 " v 4 Commonwealth of Pennsylvania, Bureau of Individual Tax, Inheritance Tax Division 6'" Floor qprkwbeny Sq., Dept 2806 i Harrisburg, PA 17128 5 Internal Revenue Service, Federated Investors Tower, 13 Floor, Suite 1300, 1001 Liberty Av Pittsburgh, PA 15222 6 Department of Public, Welfare TPL Casualty Unit, Estate Recovery Program P.O. Box 8486, Willow Oak Building, Harrisburg, PA 17105 d" / 7 LOWER ALLEN TOWNSHIP AUTHORITY r w l 120 LIMIC LN ROAD I? f° NEW CUMBERLAND PA 17070 j y 8 LOWER ALLEN TOWNSHIP AMMORITY 1993 HUMMEL AVENUE CAMP HELL PA 17011 9 CUMBERLAND COUNTY ADULT PROBATION 1COURTHOUSESQUARE CARLISLE, PA 17013 10 11 12 F JO ELLEN ENDERS ALE CUMBERLAND 185010 team 3 Total Number of Tohl Noobecof Pieces Patmnter, Per (tame of Reee.* The NU declaration of valor is requirecl on all domestic and imematioal raBismad ma. The maximum i.ae®it Y payable for Pima Listed By Seeder Received at Post Office Employee) tk reconstruction of romuSaiRble docum ms under Expram Mail document reeomM"m Insurance is 550,000.00 pa piece subject n a Wait of 1300,000 per occurrence. The maximum indemnity payable on RVem Mai naacbmdiaa insuaooa is S300.The unum u m indca pity payable is $25,000 fm m®steted mail, sent with optioosl insmma. See Dormatic Mai Manual I R900,S913 and 5921 for 1®4tiom of covcta=e. 2C09i'? ?3 ri Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 COUNTRYWIDE HOME LOANS, INC. V. JO ELLEN ENDERS CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.: 08-6117 CIVIL TERM ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of BAC HOME LOANS SERVICING, LP, F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, 7105 CORPORATE DRIVE, PLANO, TX 75024, USE PLAINTIFF. _ *0 Date %M? By: L ence T. Phela ,Esquire Francis S. Hallinan,Esquire Daniel G. Schmieg,Esquire Michele M. Bradford,Esquire Judith T. Romano,Esquire Sheetal R. Shah-Jani,Esquir Jenine R. Davey,Esquire Lauren R. Tabas, Esquire Vivek Srivastava,Esquire Jay B. Jones,Esquire Peter J. Mulcahy,Esquire AndrewL. Spivack, Esquire Jaime McGuinness,Esquire Chrisovalante P.Fliakos, Esquire Joshua I. Goldman,Esquire Attorneys for Plaintiff FILED- ,)F THE F 2 3 0 9 iAY *22 ArI 11: I Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R.. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 COUNTRYWIDE HOME LOANS, INC. V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.: 08-6117 CIVIL TERM JO ELLEN ENDERS PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF TO THE PROTHONOTARY: Please mark the judgment in the above captioned matter to the use of BAC HOME LOANS SERVICING, LP, F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE, PLANO, TX 75024. 614114 Da.t 1A I By:- %-Ml At. 9 L ence T. Phelan, quire Francis S. Hall inan,Esquire Daniel G. Schmieg,Esquire Michele M. Bradford,Esquire Judith T. Romano,Esquire Sheetal R. Shah-Jani,Esquir Jenine R. Davey,Esquire Lauren R. Tabas, Esquire Vivek Srivastava,Esquire Jay B. Jones,Esquire Peter J. Mulcahy,Esquire AndrewL. Spivack, Esquire Jaime McGuinness,Esquire Chrisovalante P.Fliakos, Esquire Joshua I. Goldman,Esquire Attorneys forPlaintiff FILE ()'r-I 2OU9 l`, 22 dpi 1 s' I : i u N? 00?d- H q-0 T- Rk aassY9 1 e 'V In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-6117 Civil Term Countrywide Home Loans, Inc. VS Jo Ellen Enders Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on March 9, 2009 at 1122 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit Jo Ellen Enders, by making known unto Kathy Dolan, as Adult in Charge, at, 21 West Shore Drive, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 1230 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jo Ellen Enders, located at, 21 West Shore Drive, Camp Hill, Cumberland County Pennsylvania, according to law. 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: Jo Ellen Enders, by regular mail to her last known address of 21 West Shore Drive, Camp Hill, PA 17011. This letter was mailed under the date of April 2, 2009 and never returned to the Sheriffs Office Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing 30.00 Poundage 101.12 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Milage 28.80 Levy 15.00 Surcharge 20.00 Law Journal Patriot News Share of Bills Post Pone Sale S r R. Thomas Kline, Sheriff ,ter 461.00 354.06 15.43 it 6,"'; 20.00 1,077.91 / 7114o f B Rea state Coordinator 4z.0 & - s'D / I-- Ldt.. ? o ? PO COUNTRYWIDE DOME LOANS, INC. • CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS JO ELLEN ENDERS CIVIL DIVISION Defendant(s). NO. 08-6117 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 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 ,21 WEST SHORE DRIVE, CAMP HILL, PA 17011-7718. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JO ELLEN ENDERS 21 WEST SHORE DRIVE CAMP HILL, PA 17011-7718 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) CUMBERLAND COUNTY ADULT PROBATION 1 COURTHOUSE SQUARE 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 argJ addre?ss 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 LOWER ALLEN TOWNSHIP AUTHORITY 1993 HUMMEL AVENUE CAMP HILL, PA 17011 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 21 WEST SHORE DRIVE CAMP HILL, PA 17011-7718 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn f sific ion to orities. February 24, 2009 DATE DAN G. SCHMIEG, ESQUIRE Attorney for Plaintiff f_ .,0, COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. JO ELLEN ENDERS Defendant(s). CUMBERLAND COUNTY No. 08-6117 CIVIL TERM February 24, 2009 TO: JO ELLEN ENDERS 21 WEST SHORE DRIVE CAMP HILL, PA 17011-7718 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TIEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. * * Your house (real estate) at, 21 WEST SHORE DRIVE, CAMP HILL, PA 17011-7718, is scheduled to be sold at the Sheriffs Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $103,115.74 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, 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. V You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at at point on the eastern side of West Shore Drive which point, measured along the eastern and southern side of West Shore Drive, is 921.46 feet northeast of the northeast corner of Cedar Cliff Drive and West Shore Drive and which point is also at the northern line of Lot No. 3 on the Plan of Lots hereinafter referred to; thence along the eastern side of West Shore Drive, North 16 degrees 53 minutes 30 seconds East, 85 feet to a point at the southern line of Lot No. 1 on the Plan of Lots hereinafter referred to; thence along the southern line of Lot No. 1 aforesaid, South 73 degrees 6 minutes 30 seconds East, 134 feet to a point at other lands now or formerly of Willard F. Keiser, Jr. and Anna M. Keiser, his wife; thence along other lands now or formerly of Willard F. Keiser, Jr. and Anna M. Keiser, his wife, South 16 degrees 53 minutes 30 seconds West, 85 feet to a point at the northern line of Lot No. 3 on the Plan of Lots hereinafter referred to; thence along the northern line of Lot No. 3 aforesaid, North 73 degrees 6 minutes 30 seconds West, 134 feet to a point, being the place of BEGINNING. BEING Lot No. 2 on a Plan of Lots known as Plan No. B-2 Cedar Cliff Manor, recorded in the Cumberland County Recorder's Office in Plan Book 10, Page 35. HAVING erected thereon a one story brick and aluminum dwelling known and numbered 21 West Shore Drive, Camp Hill, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Jo Ellen Enders, by Deed from Malcolm L. Wells, Executor of the Estate of Joanna T. Branch, dated 12/27/2007, recorded 01/08/2008 in Instrument Number 200800841. The said Joanna T. Branch died testate on August 10, 2002 with her Last Will and Testament being probated by the Chesterfield Circuit Court Wills Office, Commonwealth of Virginia on September 18, 2002, to Estate File No. 02-618, and naming Malcolm L. Wells as her Executor, the Grantor herein. PREMISES BEING: 21 WEST SHORE DRIVE, CAMP HILL, PA 17011-7718 PARCEL NO. 13-23-0545-419 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N008-6117 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS INC Plaintiff (s) From JO ELLEN ENDERS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(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$103,115.74 L.L.$0.50 Interest FRROM 12/16/2008 - 6/10/2009 (PER DIEM- $16.95) $3,000.15 Atty's Comm % Atty Paid $163.00 Plaintiff Paid Due Prothy $2.00 Other Costs Date: FEBRUARY 25, 2009 (Seal) d4i2?-7L-e Curt' R. Long, Pr o- ary By: 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 r Real Estate Sale # 68 On February 27, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 21 West Shore Drive, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 27, 2009 By: 4 T?4 v%ynY 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, viz: May 1, May 8, and May 15, 2009 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. isa Marie Coyne, Err SWORN TO AND SUBSCRIBED before me this 5 day of May, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 RR" MWATE BALE NO. 68 Writ No. 2008-6117 Civil Countrywide Home Loans, Inc. VS. Jo Ellen Enders Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lower Al- len Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at at point on the eastern side of West Shore Drive which point, measured along the eastern and southern side of West Shore Drive, is 921.46 feet northeast of the northeast comer of Cedar Cliff Drive and West Shore Drive and which point is also at the northern line of Lot No. 3 on the Plan of Lots hereinafter referred to; thence along the eastern side of West Shore Drive, North 16 degrees 53 minutes 30 seconds East, 85 feet to a point at the southern line of Lot No. 1 on the Plan of Lots hereinafter referred to; thence along the southern line of Lot No. 1 aforesaid, South 73 degrees 6 minutes 30 seconds East, 134 feet to a point at other lands now or formerly of Willard F. Keiser, Jr. and Anna M. Keiser, his wife; thence along other lands now or formerly of Willard F. Keiser, Jr. and Anna M. Keiser, his wife, South 16 degrees 53 minutes 30 seconds West, 85 feet to a point at the northern line of Lot No. 3 on the Plan of Lots hereinafter referred to; thence along the northern line of Lot No. 3 aforesaid, North 73 degrees 6 minutes 30 seconds West, 134 feet to a point, being the place of BEGINNING. BEING Lot No. 2 on a Plan of Lots known as Plan No. B-2 Cedar Cliff Manor, recorded in the Cumberland County Recorder's Office in Plan Book 10, Page 35. HAVING erected thereon a one story brick and aluminum dwelling known and numbered 21 West Shore Drive, Camp Hill, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Jo Ellen Enders, by Deed from Malcolm L. Wells, Ex- ecutor of the Estate of Joanna T. Branch, dated 12/27/2007, recorded 01/08/2008 in Instrument Number 200800841. The said Joanna T. Branch died testate on August 10, 2002 with her Last Will and Testament being probated by the Chesterfield Circuit Court wills office, Commonwealth of Virginia on September 18, 2002, to Estate File No. 02-618, and naming Malcolm L. Wells as her Executor, the Grantor herein. PREMISES BEING: 21 WEST SHORE DRIVE, CAMP HILL, PA 17011-7718. PARCEL NO. 13-23-0545-419. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE i4e Patr1*ot*yXews Now you know CARLISLE PA 17013 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 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 published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. 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 Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/24/09 05/01/09 05/08/09 r\Sworn d subscribed before me this 12 day ,6 May, 2009 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L Kisner, Notary Public CRy Of Hartiftrg, Dauphin county My Comrrrmion Expires Nov. 26.2011 Member, Pennsylvania Association of Notaries WrM R681 Estate NO.200"s17?CivNo. 88 il Term Cc ,ntrywlde o Loans, Inc. Jo Ellen Enders attorney Daniel Schmleg LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at point on the eastern side of West Shore Drive which point, measured along the eastern and southern side of West Shore Drive, is 921.46 feet northeast of the northeast corner of Cedar Cliff Drive and West Shore Drive and which point is also at the northern line of Lot No.3 on the Plan of Lots hereinafter referred to; thence along the eastern side of West Shore Drive, North 16 degrees 53 minutes 30 seconds East, 85 feet to a point at the southern line of Lot No.l on the Plan of Lots hereinafter referred to; thence along the southern line of Lot No. 1 aforesaid, South 73 degrees 6 minutes 30 seconds East, 134 feet to a point at other lands now or formerly of Willard F. Keiser, Jr. and Anna M. Keiser, his wife; thence along other lands now or formerly of Willard E. Keiser, Jr. and Anna M. Keiser, his wife, South 16 degrees 53 minutes 30 seconds West, 85 feet to a point at the northern line of Lot No. 3 on the Plan of Lots hereinafter referred to; thence along the northern line of Lot No. 3 aforesaid, North 73 degrees 6 minutes 30 seconds West, 134 feet to a point, being the place of BEGINNING. BEING Lot No. 2 on a Plan of Lots known as Plan No. B-2 Cedar Cliff Manor, recorded in the Cumberland County Recorder's Office in Plan Book 10, Page 35. HAVING erected thereon a one story brick and aluminum dwelling known and numbered 21 West Shore Drive, Camp Hill, Pennsylvania. TIME TO SAID PREMISES IS VESTED IN Jo Ellen Enders, by Deed from Malcolm L. Wells, Executor of the Estate of Joanna T. Branch, dated 12127/2007, recorded 01!08/2008 in Instrument Number 200800841. The said Joanna T. Branch died testate on August 10, 2002 with her Last Will and Testament being probated by the Chesterfield Circuit Court Wills Office, Commonwealth of Virginia on September 18, 2002, to Estate File No. 02-618, and naming Malcolm L. Wells as her Executor, the Grantor herein. PREMNES BEING: 21 WEST SHORE DRIVE, CAMP HILL, PA 17011-7718 PARCFL NO. 13-23-0545.419