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HomeMy WebLinkAbout09-1670a e 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 VP'eter 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 193780 RESIDENTIAL FUNDING COMPANY, LLC 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. MILTON E. KRAUSE, JR 9 GRINNEL DRIVE CAMP HILL, PA 17011-7716 Defendant ATTORNEY FOR PLAINTIFF COURT CIVIL E TERM COMMON PLEAS NO. 09 ? 1(0 0 CIVIL ACTION - LAW 0,-tv i ( (erth COUNTY File #: 193780 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 (717) 249-3166 File #: 193780 1. Plaintiff is RESIDENTIAL FUNDING COMPANY, LLC 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) MILTON E. KRAUSE, JR 9 GRINNEL DRIVE CAMP HILL, PA 17011-7716 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/21/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR SOVEREIGN BANK. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1939, Page 1243. By Assignment of mortgage recorded 02/10/2009 the mortgage was assigned to WELLS FARGO BANK, N.A., DB/A AMERICAS SERVICING COMPANY which Assignment is recorded in Assignment of rtgage Instrument No. 200903457. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage anassignment(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 princip and interest upon said mortgage due 08/01/2008 and each month thereafter are due and paid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified File #: 193780 6. 7 8. 12/21/2005 to 03/12/2009 Cost of Suit and Title Search 750.00 Subtotal $20 8,888.46 Escrow Credit $0.00 Deficit $0.00 Subtotal 0,00 TOTAL $20 ,888.46 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $192,497.51 Interest $13,986.75 07/01/2008 through 03/12/2009 (Per Diem $54.85) Attorney's Fees 1,300.00 Cumulative Late Charges 1$354.20 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 a 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 ersonam 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 De ndant(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 File #: 193780 I discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency 9 10 11 Assistance Program pursuant to Act 91 of 1983, as amended in 1998, required by the mortgage document, as applicable, have been sent to date(s) set forth thereon, and the temporary stay as provided by said z because Defendant(s) has/have failed to meet with the Plaintiff or an counseling agency, or has/have been denied assistance by the Pennsy Agency. Plaintiff hereby releases Marian F. Krause from liability for the debt se By virtue of the death of Marian F. Krause on 03/04/2007, Milton E. owner of the mortgaged premises as surviving tenant by the entireties ind/or Notice of Default as ie Defendant(s) on the nice has terminated uthorized consumer credit rania Housing Finance ured by the mortgage. :reuse, Jr. became the sole slt(s) in the sum of iem to the date of he foreclosure and sale of WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defenc $208,888.46, together with interest from 03/12/2009 at the rate of $54.85 per Judgment, and other costs and charges collectible under the mortgage and for the mortgaged property. HALLINAN & By: ` l -YA.r( . - LU, Lawrence T. Phelan, Esquire Francis 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintiff ,LLP t-7q r File #: 193780 I Y LEGAL DESCRIPTION All that certain piece or parcel of land situate in Lower Allen ip? Cumberland County, Pennsylvania bounded and described as follows, to wit: Beginning at a point on the eastern side of Grinnel Drive which point, n eastern side of Grinnel Drive, is 385.83 feet north of the northeast come wasured along the r of Grinnel Drive and Cedar Cliff Drive and which point is also at the northern line of Lot No 26 on the Plan of Lots hereinafter referred to, thence northwardly along the eastern side of Griel Drive 80 feet to a point at the southern line of Lot No. 24 on the Plan of Lots hereinafter referred to, thence along the southern line of Lot No. 24 aforesaid south 84 degrees 11 minutes i lands now or late of West Shore Senior High School Authority, thence West Shore Senior High School Authority, south 5 degrees 49 minutes the northern line of Lot No. 26 aforesaid, thence along the northern line north 84 degrees 11 minutes west 112.5 feet to a point at the eastern sic the place of beginning. Tax id#: 13-24-0807-073 Bein No. 9 Grinnel Drive File M 193780 112.5 feet to a point at lands now or late of vest 80 feet to a point at of Lot No. 26 aforesaid e of Grinnel Drive, being VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter=within ff is outside the jurisdiction of the Court and/or the verification could not the time allowed for the filing of the pleading, that I am authorized to lmake 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 relief. Furthermore, counsel intends to substitute a verification from Plaintiff 4on receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to I ? J b (?? c Attorney for Plaintiff DATE: 3 - 13 - g? U 00 -d c;j, Sheriffs Office of Cumberland County R Thomas Kline ? r of c u+nbrrr, Edward L Schorpp ff Solicitor Sheri ?.. Y Jody S Smith Ronny R Anderson Chief Deputy OFF'ce aF 'HE S'-ERTF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/18/2009 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: Milton E. Krause, Jr., but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County, PA to serve the within Complaint In Mortgag Foreclosure according to law. Perry County Return: Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named defendant to wit: Milton E. Krause, Jr. but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Mortgage Foreclosure and NOT FOUND, moved to 700 Nailor Dr., Apt. 306, Camp Hill, PA 17011. 03/27/2009 05:58 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 27, 2009 at 1758 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Milton E. Krause Jr., by making known unto himself personally, defendant 700 Nailor Drive, Apt. 306 Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the sar time handing to him personally the said true and correct copy of the same. SHERIFF COST: $65.80 March 30, 2009 2009-1670 RESIDENTIAL FUNDING CO. VS MILTON E. KRAUSE JR. SO ANSWERS, R THOMAS KLINE, SHERIFF By -_ 0-tw?? Dep ty Shen A - I F" t 25 Coutm In The Court of Common Pleas of Cumberland County, Pennsylvania Residential Funding Company, LLC VS. Milton E. Krause, Jr. 9 Grinnel Drive Camp Hill, PA 17011 Civil No. 2009-1670 Now, March 18, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ' Y Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 , at o'clock M, served the within upon at by handing to a and made known to copy of the original, the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of ,20_ COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA SHERIFF'S RETURN Residential Funding Company VS Milton E. Krause, Jr. 16 Kristin Drive Landisburg, PA 17040 In the Court of Common Pleas Of the 41st Judicial District of Pennsylvania- Perry County Branch No. 09-1670 Civil Term Cumberland Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit Milton E. Krause, Jr., but was unable to locate him/her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure for the above named Defendant(s) Milton E. Krause, Jr. at 16 Kristin Drive, Landisburg, PA 17040. NOT FOUND. MOVED TO 700 NAILOR DR. APT 306, CAMP HILL, PA 17011. Sincerely, J? Y 'r .?? Sworn and subscribed to before me this _ day of a j 2009. OkfMomwEALTH OF PENNSYLVANIA MARGARET F. FUCIMS, Notary PW* Bloomtk id Bono. P6rry County Emim Feb.10,2012 Gommla?lon Imy Carl E. Nace Sheriff of Perry County N ..-1 lu PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 RESIDENTIAL FUNDING COMPANY, LLC Plaintiff VS. MILTON E. KRAUSE, JR befendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-1670-CIVIL TERM : CUMBERLAND COUNTY 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 Attorn 'gg.? Plaintiff By: Franc's S. Hallinan, Esquire Date: 04-09-09 PHS #: 193780 I .-- •16 VERIFICATION Yolanda Williams hereby states that he/she is Vice President of Loan Documentation of AMERICA'S SERVICING COMPANY, servicing agent for Plaintiff, WELLS FARGO FINANCIAL PENNSYLVANIA, 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 C.S. Sec. 4904 relating to unsworn falsification to subject to the penalties of 18 Pa. Williams DATE: 3-16-09 Title President of Loan Documentation Loan:1115052291 Company: AMERICA'S SERVICING COMPANY File #: 193780 I I#. b i..- 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 RESIDENTIAL FUNDING COMPANY, LLC VS. Plaintiff MILTON E. KRAUSE, JR Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 09-1670-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: MILTON E. KRAUSE, JR 9 GRINNEL DRIVE CAMP HILL, PA 17011-7716 Phelan Hallinan & Schmieg, LLP Atto)5RP for Plaintiff By: Francis S. Hallinan, Esquire Date: 04-09-09 FILED-Ct rFIGE OF ?1-i P? ^ HQ140TAPY 2009 APR 14 AM 10= 51 ctsc?:? . t,,,t;; UN J/ 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 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 RESIDENTIAL FUNDING COMPANY, LLC VS. MILTON E. KRAUSE, JR 9 GRINNEL DRIVE CAMP HILL, PA 17011-7716 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-1670-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 MILTON E. KRAUSE, JR, 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 Plaintiff's damages as follows: As set forth in Complaint $208,888.46 Interest - 03/13/2009 to 05/04/2009 $2,907.05 TOTAL $211,795.51 I hereby certify that (1) the addresses of the Defendant(s) are as wn above d (2) that notice has been given in accordance with Rule 237.1, copy attache . Lawrence T. Phelan, quire Francis 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 151010 PHS # 193780 PROTHONOTARY 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 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 RESIDENTIAL FUNDING COMPANY, LLC VS. Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION MILTON E. KRAUSE, JR : No. 09-1670-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE w vA ?QL4m ?ereby 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 MILTON E. KRAUSE, JR is over 18 years of age and resides at 9 GRINNEL DRIVE, CAMP HILL, PA 17011-7716. This statement is made subject to the penalties of 18 Pa 04 relating to unsworn falsification to authorities. Lawrence T. Phelan, Esquire Francis 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorney for Plaintiff 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 RESIDENTIAL FUNDING COMPANY, LLC ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff V. MILTON E. KRAUSE, JR Defendant(s) TO: MILTON E. KRAUSE, JR. 700 NAILER DRIVE CAMP HILL, PA 17011 NO. 09-1670-CIVIL TERM CUMBERLAND COUNTY DATE OF NOTICE: April 17, 2009 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) 249-31 ¢( /J I LAUREN MA] Legal Assistant PHS # 193780 F 1 so-6) g. C*: TM ,SIMI Y ? (Rule of Civil Procedure No. 236) - Revised RESIDENTIAL FUNDING COMPANY, LLC VS. MILTON E. KRAUSE, JR 9 GRINNEL DRIVE CAMP HILL, PA 17011-7716 : CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION No. 09-1670-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on SI obi B -ter' Y: If you have any questions concerning this matter ple a co Lawrence T. Phelan, , uire Francis 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY" PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 RESIDENTIAL FUNDING COMPANY, LLC Plaintiff, V. MILTON E. KRAUSE, JR. Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 5/5/2009-9/2/2009 (per diem -$34,82) TOTAL No. 09-1670-CIVIL TERM $211,795.51 $4,213.22 and Costs $216,008.73 DANIEL G. SCHMIECf aQUIRE 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. 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. 193780 -Iet V O d a ?po p.. U O 'z A ? O? W x d a rWl1 Q a w? W H o W O c U a 0 r d a x V 0 M H d a A w ? t7 ? W? d ¢• r 40- W w ?a a? a? 0 7? 00 r I , -0- LEGAL DESCRIPTION ALL that certain piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern side of Grinnel Drive which point, measured along the eastern side of Grinnel Drive, is 385.83 feet North of the, no east corner of Grinnel Drive and Cedar Cliff Drive and which point is also at the northern line of Lot No. 26 on the Plan of Lots hereinafter referred to; thence northwardly;along the eastern side of Grinnel Drive 80 feet to a point at the southern line of Lot No. 24,on the-flan of I otC 1 ereinafter referred to; thence along the southern line of Lot No. 24 aforresai4 South, 84 degrees 11 minutes East 112.5 feet to a point at lands now or late of West Shore Senior High 'Schdol'Authority; thence along lands now or late of West Shore Senior High School Authority, South 5 degrees 49 minutes West 80 feet to a point at the northern line of Lot No. 26 aforesaid; thence along the northern line of Lot No. 26 aforesaid North 84 degrees 11 minutes-West J12.55: feet to a point at the eastern side of Grinnel Drive, being the place of Beginning. BEING Lot No. 25 on Plan No. B3, Cedar Cliff Manor, which plan was approved by the Lower Allen Township Planning Commission on January 4,1958, and by the Lower Allen Township Board of CommissionersA on January 6, 1958, and which plan was recorded in the Office of the Recorder of Deeds in and for Cumberland County, P+snmsyIvania, on May 6,1958, in Plan Book 9, Page 36. BEING the same tract of land upon which is erected a split level brick dwelling house, known as No. 9 Grinnel Drive, Ad also an integral garage. Tax id#: 13-24-0807-073 TITLE TO SAID PREMISES IS VESTED IN Milton E. Krause, Jr. and Marian F. Krause, his wife, by Deed from James H. Patterson and Phyllis M. Patterson, his wife, dated 09/10/1971, recorded 09/10/1971 in Book 24-G, Page 1008. MARIAN F. KRAUSE has since departed this life on 3/4/2007 thereby vesting title in Milton E. Krause, Jr., surviving tenant by the entirety. PREMISES BEING: 9 dRINNEL DRIVE, CAMP HILL, PA 17011-7716 {t' {t\4 1 THE: ,-.,.w -ry r' OF ?i'? R 1.... -k , 2009 HAY 21 Aid 10: 4 8 Gs. *7g. s? L 4,?.Ob ?o 4. So ??. QbC-? ?8 ?ze_v,c ES464-r- U)?A tj%-vc4sLc(- 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 RESIDENTIAL FUNDING COMPANY, LLC Plaintiff, V. MILTON E. KRAUSE, JR. Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-1670-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: Q 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 unsworn falsification to authorities. 1 DANIEL G. SC G, ESQUIRE Attorney for Plaintiff Vii, e + ;i:rl? 2 ?lv 99 AY 21 AtI10: !:a ,vas.F RESIDENTIAL FUNDING COMPANY, LLC Plaintiff, V. MILTON E. KRAUSE, JR. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Defendant(s). NO. 09-1670-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 RESIDENTIAL FUNDING COMPANY, LLC, 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 9 GRINNEL DRIVE. CAMP HILL, PA 17011-7716. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) MILTON E. KRAUSE, JR. 700 NAILOR DRIVE APT. 306 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 Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None t ;, Name and address of every other person who has any record lien on the property: Name 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 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 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 CEDAR CLIFF MANOR ASSOCIATION 9 GRINNEL DRIVE CAMP HILL, PA 17011-7716 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 18 A CLOGATE DRIVE CAMP HILL, PA 17011 I verify that the statements made in this affidavit are t and cones) to the best of my personal knowledge or information and belief. I understand that fals statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsific tion to authorities. May 19, 2009 DATE DANIEL G. SCHMiE6, ESQUIRE Attorney for Plaintiff 1*11 2 3D9 itr Y 2 1 AN 10: ?? CUU RESIDENTIAL FUNDING COMPANY, LLC Plaintiff, V. MILTON E. KRAUSE, JR. Defendant(s). CUMBERLAND COUNTY No. 09-1670-CIVIL TERM May 19, 2009 TO: MILTON E. KRAUSE, JR. 700 NAILOR DRIVE APT. 306 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 ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 9 GRINNEL DRIVE, CAMP HILL, PA 17011-7716, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $211,795.51 obtained by RESIDENTIAL FUNDING COMPANY, LLC (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 t YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call:` (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215)63-7000. 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 'B'AKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain piece or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern side of Grinnel Drive which point, measured along the eastern side of Grinnel Drive, is 385.83 feet North of the northeast corner of Grinnel Drive and Cedar Cliff Drive and which point is also at the northern line of Lot No. 26 on the Plan of Lots hereinafter referred to; thence northwardly along the eastern side of Grinnel Drive 80 feet to a point at the southern line of Lot No. 24 on the Plan of Lots hereinafter referred to; thence along the southern line of Lot No. 24 aforesaid South 84 degrees 11 minutes East 112.5 feet to a point at lands now or late of West Shore Senior-High School Authority; thence along lands now or late of West Shore Senior High School Authority, South 5 degrees 49 minutes West 80 feet to a point at the northern line of Lot No. 26 aforesaid; thence along the northern line of Lot No. 26 aforesaid North 84 degrees 11 minutes West 112.5 feet to a point at the eastern side of Grinnel Drive, being the place of Beginning. BEING Lot No. 25 on Plan No. B3, Cedar Cliff Manor, which plan was approved by the Lower Allen Township Planning Commission on January 4,1958, and by the Lower Allen Township Board of Commissioners?on January 6,1958, and which plan was recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on May 6,1958, in Plan Book 9, Page 36. BEING the same tract of 'land upon which is erected a split level brick dwelling house, known as No. 9 Grinnel Drive, Ad also an integral garage. Tax id#: 13-24-0807-073' TITLE TO SAID PREMISES IS VESTED IN Milton E. Krause, Jr. and Marian F. Krause, his wife, by Deed from James H. Patterson and Phyllis M. Patterson, his wife, dated 09/10/1971, recorded 09/10/1971 in Book 24-G, Page 1008. MARIAN F. KRAUSE has since departed this life on 3/4/2007 thereby vesting title in Milton E. Krause, Jr., surviving tenant by the entirety. PREMISES BEING: 9 dRINNEL DRIVE, CAMP HILL, PA 17011-7716 SHORT DESCRIPTION By virtue of a Writ of Execution No. 09-1670-CIVIL TERM RESIDENTIAL FUNDING COMPANY, LLC VS. MILTON E. KRAUSE, JR. owners of property. situate in the LOWER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 9 GRINNEL DRIVE CAMP HILL PA 17011-7716 Parcel No. 13-24-0807-073 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Daniel G. Schmieg, Esquire 143 kl WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-1670 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due RESIDENTIAL FUNDING COMPANY, LLC, Plaintiff (s) From MILTON E. KRAUSE, JR (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 $211,795.51 L.L. $.50 Interest from 5/05/09 - 9/02/09 (per diem - $34.82) - $4,213.22 and Costs Atty's Comm % Atty Paid $184.80 Plaintiff Paid Date: 5%21/09 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs hi. . urns R. 11othono By: Deputy Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RESIDENTIAL FUNDING COMPANY, LLC Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. MILTON E. KRAUSE, JR Defendant(s) CIVIL DIVISION No. 09-1670-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) CUMBERLAND COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to 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 and as amended if applicable. A copy of the Certificate of Mailing (Form 381' and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: ~ ~wrence 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 Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 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 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. 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