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Home My WebLink About09-7692Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schxnieg, 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 aime 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 220894 CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff V. RICHARD E. MUSSELMAN 3 LOCUST ROAD CAMP HILL, PA 17011-6724 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Oq-7&Qa elyii-Fero CUMBERLAND COUNTY File #: 220894 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 #: 220894 1. Plaintiff is CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: RICHARD E. MUSSELMAN 3 LOCUST ROAD CAMP HILL, PA 17011-6724 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/20/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR ERA HOME LOANS which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1982, Page 4094. By Assignment of Mortgage recorded 03/30/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200909526. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2009 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 #: 220894 6. The following amounts are due on the mortgage: Principal Balance $115,056.06 Interest $3,946.32 05/01/2009 through 11/05/2009 (Per Diem $20.88) Attorney's Fees $1,300.00 Cumulative Late Charges $212.63 02/20/2007 to 11/05/2009 Mortgage Insurance Premium / $58.02 Private Mortgage Insurance Cost of Suit and Title Search $551-00 Subtotal $121,123.03 Escrow Credit $0.00 Deficit $757.30 Subtotal $7574 TOTAL $121,880.33 7 8 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 nat seeking a judgment of personal liability (or an in nerssonam_ 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 #: 220894 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $121,880.33, together with interest from 11/05/2009 at the rate of $20.88 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. PHELAN HALLINAN & SCHMIEG, LLP '4? - 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 ? drew 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 Attorneys for Plaintiff File #: 220894 LEGAL DESCRIPTION ALL that certain tract of land situate in Lower Allen Township, Cumberland County, Pennsylvania and more fully described according to a survey by R & R Associates, dated February 15, 1980, No. M-1980-32, as follows: BEGINNING at a point on the Southerly line of Locust Road (60 feet wide), which point is located 85 feet from the intersection of the said Locust Road with Locust Street and which point is on the line dividing Lots Nos. 70 and 85 on the hereinafter mentioned Plan; thence South 40 degrees 33 minutes East along said dividing line 104.95 feet to a post; thence South 49 degrees 27 minutes West along the line dividing Lots Nos. 69 and 85 on said Plan, 40 feet to a stake; thence North 58 degrees 59 minutes West along the line dividing Lots Nos. 84 and 85 on said Plan, 110.64 feet to a stake in the Southerly line of Locust Road; thence North 49 degrees 27 minutes East along said line of Locust Road, 74.97 feet to a point, the Place of BEGINNING. BEING Lot No. 85 on the Plan of Cumberland Park, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 4, Page 86. PARCEL NO. 13-24-0797-163 PROPERTY BEING: 3 LOCUST ROAD File #: 220894 The undersigned attorney hereby states 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. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. C IS& r D 1 Attomey for Plaintiff DATE: File #: 220894 !J iN 'ID! 1? 1107, ly 2009 NOV -6 PH D9 P79-So pQ A` T-t ' 87734toq 12? ag3131 R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ?r nt 14,1e1"yrrr 2009 NOV 19 PM 12: 58 0MCE r,r HE -ERIFF C W iw,: + C:,.+ 5, (,-'UNT PENNSYLVANA Chase Home Finance LLC vs. Richard E. Musselman Case Number 2009-7692 SHERIFF'S RETURN OF SERVICE 11/16/2009 07:05 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on November 16, 2009 at 1905 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Richard E. Musselman, by making known unto himself personally, at 3 Locust Road Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 November 17, 2009 SO ANSWE, R THOMAS KLINE, SHERIFF By V2?- Deputy Sheriff SHERIFF'S OFFICE OF CUMBERLAND COUNTY FILED-&TICE OF TFE PROTI 40TARY !c) Gcunt,Su'.le Sheriff. Teleosoft Inr,. IN THE COURT OF COMMON PLEAS ' ~ ~ CUMBERLAND COUNTY, PENNSYLVANIA MAY 14 2010 CHASE HOME FINANCE LLC Court of Common Pleas Plaintiff v Civil Division RICHARD E. MUSSELMAN Defendant CUMBERLAND County No. 09-7692-CIVIL TERM ORDER AND NOW, this /~' day of i't~ , 2010, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $115,056.06 Interest Through June 2, 2010 $8,299.50 Per Diem $20.88 Late Charges $212.63 Legal fees $1,300.00 Cost of Suit and Title $781.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $0.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $232.08 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $2,292.40 TOTAL $128,174.17 Plus interest from June 2, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriff s commission is not included in the above figure. BY TH COURT ~-~ ~~^~~'ti'~d ti ~ ~W(1~ n1.~~~~ .. _ k J. 220894 s/~~/~ y SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Andersa~ Sheriff ~g4l3titit 111 S'.:I1Cl~JprfPp~d .. ,._ .. Jody S Smith Chief Deputy ~~-''J ~IAY ~$ AM I0~ 22 Edward L Schorpp Solicitor ~N~-~ Vv~:~: ;-,, ,~ ,.. , ,.; Chase Home Finance LLC vs. Case Number Richard E. Musselman 2009-7692 SHERIFF'S RETURN OF SERVICE 04/16/2010 07:10 PM -Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on 4/16/10 at 1910 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 Richard E. Musselman, located at, 3 Locust Road, Camp Hill, Cumberland County, Pennsylvania according to law. 04/16/2010 07:10 PM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 4/16/10 at 1910 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: Richard E. Musselman, by making known unto, Richard E. Musselman, personally, at, 3 Locust Road, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 05/21/2010 Property sale postponed to 9/8/2010. 05/24/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg SHERIFF COST: $641.04 SO ANSWERS, --__. May 24, 2010 RON R ANDERSON, SHERIFF ~~~ ~. ro. ~~~ ~ ~~!: ~.. nunt}plt. Sher:+( I' eC.=,:~t.ln;;. ~'" ' ~ ~~ ~ ~~ -" CHASE HOME FINANCE LLC Plaintiff . ~, v. RICHARD E. MUSSELMAN Defendant COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-7692-CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 CHASE HOME FINANCE LLC, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 3 LOCUST ROAll, CAMP HILL, PA 17011-6724. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) RICHARD E. MUSSELMAN 3 LOCUST ROAD CAMP HILL, PA 17011-6724 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) 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. 5. 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 1 Name and gddress ~df every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale:' Name TENANT/OCCUPANT DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE Address (if address cannot be reasonably ascertained, please indicate) 3 LOCUST ROAD CAMP HILL, PA 17011-6724 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. December 29, 2009 Attorn~ or Plaintiff 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 oshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 CHASE HOME' FINANCE LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. NO. 09-7692-CIVIL TERM RICHARD E. MUSSELMAN CUMBERLAND COUNTY Defendant NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RICHARD E. MUSSELMAN 3 LOCUST ROAD CAMP HILL, PA 17011-6724 **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, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 3 LOCUST ROAD, CAMP IIILL, PA 17011-6724 is scheduled to be sold at the Sheriff's Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $122,861.69 obtained by CHASE HOME FINANCE 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 YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 2. You maybe 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 Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 09-7692-CIVIL TERM CHASE HOME FINANCE LLC vs. RICHARD E. MUSSELMAN owner of property situate in the TOWNSHIP OF LOWER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 3 LOCUST ROAD, CAMP HILL, PA 17011-6724 Parcel No. 13-24-0797-163. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $122,861.69 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 . LEGAL DESCRIPTION ALL that certain tract of land situate in Lower Allen Township, Cumberland County, Pennsylvania and more fully described according to a survey by R & R Associates, dated February 15, 1980, No. M-1980-32, as follows: BEGINNING at a point on the Southerly line of Locust Road (60 feet wide), which point is located 85 feet from the intersection of the said Locust Road with Locust Street and which point is on the line dividing Lots Nos. 70 and 85 on the hereinafter mentioned Plan; thence South 40 degrees 33 minutes East along said dividing line 104.95 feet to a post; thence South 49 degrees 27 minutes West along the line dividing Lots Nos. 69 and 85 on said Plan, 40 feet to a stake; thence North 58 degrees 59 minutes West along the line dividing Lots Nos. 84 and 85 on said Plan, 110.64 feet to a stake in the Southerly line of Locust Road; thence North 49 degrees 27 minutes East along said line of Locust Road, 74.97 feet to a point, the Place of BEGINNING. BEING Lot No. 85 on the Plan of Cumberland Park, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 4, Page 86. HAVING THEREON erected aone-story frame dwelling house known and numbered as 3 Locust Road, Camp Hill, Pennsylvania. FURTHER UNDER AND SUBJECT to all restrictions, conditions and easements appearing of record. TITLE TO SAID PREMISES IS VESTED IN Richard E. Musselman, single person, by Deed from Keith D. Malchodi and Lynn M. Malchodi, h/w, dated 02/14/2007, recorded 02/21/2007 in Book 278, Page 4160. PREMISES BEING: 3 LOCUST ROAD, CAMP HII,L, PA 17011-6724 PARCEL NO. 13-24-0797-163. CHASE HOME. FINANCE LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. N0.09-7692-CIVIL TERM RICHARD E. MUSSELMAN CUMBERLAND COUNTY Defendant NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RICHARD E. MUSSELMAN 3 LOCUST ROAD CAMP HILL, PA 17011-6724 **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, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 3 LOCUST ROAD, CAMP HILL, PA 17011-6724 is scheduled to be sold at the Sheriff s Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $122,861.69 obtained by CHASE HOME FINANCE 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 YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 2. You maybe 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 Sheriff s 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 215-563-7000. 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 maybe entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution N0.09-7692-CIVIL TERM CHASE HOME FINANCE LLC vs. RICHARD E. MUSSELMAN owner of property situate in the TOWNSHIP OF LOWER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 3 LOCUST ROAD, CAMP HILL, PA 17011-6724 Parcel No. 13-24-0797-163. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $122,861.69 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain tract of land situate in Lower Allen Township, Cumberland County, Pennsylvania and more fully described according to a survey by R & R Associates, dated February 15, 1980, No. M-1980-32, as follows: BEGINNING at a point on the Southerly line of Locust Road (60 feet wide), which point is located 85 feet from the intersection of the said Locust Road with Locust Street and which point is on the line dividing Lots Nos. 70 and 85 on the hereinafter mentioned Plan; thence South 40 degrees 33 minutes East along said dividing line 104.95 feet to a post; thence South 49 degrees 27 minutes West along the line dividing Lots Nos. 69 and 85 on said Plan, 40 feet to a stake; thence North 58 degrees 59 minutes West along the line dividing Lots Nos. 84 and 85 on said Plan, 110.64 feet to a stake in the Southerly line of Locust Road; thence North 49 degrees 27 minutes East along said line of Locust Road, 74.97 feet to a point, the Place of BEGINNING. BEING Lot No. 85 on the Plan of Cumberland Park, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 4, Page 86. HAVING THEREON erected aone-story frame dwelling house known and numbered as 3 Locust Road, Camp Hill, Pennsylvania. FURTHER UNDER AND SUBJECT to all restrictions, conditions and easements appearing of record. TITLE TO SAID PREMISES IS VESTED IN Richard E. Musselman, single person, by Deed from Keith D. Malchodi and Lynn M. Malchodi, h/w, dated 02/14/2007, recorded 02/21/2007 in Book 278, Page 4160. PREMISES BEING: 3 LOCUST ROAD, CAMP HILL, PA 17011-6724 PARCEL NO. 13-24-0797-163. WRIT OF EXECUTION and/or ATTACHMENT COMIvIONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-7692 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE LLC, Plaintiff (s) From RICHARD E. MUSSELMAN (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 $122,861.69 L.L. $.50 Interest from 12/23/09 to 6/2/10 ($20.20 per diem) -- to be Determined Atty's Comm Due Prothy $2.00 Atty Paid $160.50 Other Costs Plaintiff Paid Date: 1/6/10 ~~ David D. Buell, Prothonotary (Seal) By: Deputy REQI.JESTING PARTY: Name: COURTENAY R. DUNN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 2l 5-563-7000 Supreme Court ID No. 206779 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, Known and numbered as, 3 Locust Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: ~~~ ~ ~~~ Real Estate Coor-dinat~r .., ~ ~~ ''~ ~~ -c '. 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: April 16, Apri123, and Apri130, 2010 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. Writ No. 2009-7692 Civil iF7/~i lsa Marie Coyne, ditor Chase Home Finance LLC s/b/m/t Chase Manhattan Mortgage Corporation SWORN TO AND SUBSCRIBED before me this °S' 30 da of April, 2010 Richard E. Musselman ~ Atty: Daniel Schmieg By virtue of a Writ of Execution - NO. 09-7692-CIVIL, CHASE HOME FINANCE LLC vs. RICHARD E. MUS- NOtary SELMAN, owner of property situate in the TOWNSHIP OF LOWER ALLEN, Cumberland County, Pennsylvania, being 3 LOCUST ROAD, CAMP HILL, PA 1 70 1 1-6724. .~,~„~.~.~~ Parcel No. 13-24-0797-163. NOTARIAL SEAL Improvements thereon: RESIDEN- DEBORAH A COLLINS TIAL DWELLING. JUDGMENT AMOUNT: $122,x61- Notary Public .69. CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 '~'`~ The Patriot-News Co. 2020 Techno{ogy Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 cue ~lahiot News NOw you know 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 she 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 she 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: 04/16/10 WrR No. 2009-7692 Clvll Term Chase Home Finance LLC 04/23/10 s//b/mlt Chase Manhattan ~ - 04/30/10 Mortgage Corporation ~/ .. .. ............. Richard E. Musselman Atty: Daniel schmleg s%"`~ By virtue of a Writ of Execution N0.09-7592- Sworn t and~bSCflbed before E this 18 da of May, 2010 A. D. CIVII. TERM ~ j f CHASE HOME FINANCE LLC ! ,, "~ ~ •, RICHARD E. MUSSELMAN ~ ~ , ~' ~~ - ~~-. owner of property situate in the TOWNSHIP Notary Public OF LDWER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 3 LOCUST ROAD, CAMP HILL, PA 17011-6724 Parcel No.13-24-0797-163. COMM~NWNAL.TH 0~ PENNSYLVANIA (Acreage or street address) ~~~ 3ait1 Improvements thereon: RESIDENTIAL Sherrie L KIBnK' Notary Public DWELLING JUDGMENT AMOUNT: Wwer Paxton Twp., DAUphln County $122,861.69 I"IY ~~ ~~ ~v. 26, 2011 Member, PennsyNanla Association of Notaries Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC Plaintiff vs RICHARD E. MUSSELMAN Defendant TO THE PROTHONOTARY: Attorney For Plaintiff Court of Common Pleas a c7 rn Civil Division a? C) 3s• =(:>' ?a CUMBERLAND County 5;c: a C) --a c n > No. 09-7692-CIVIL TERM -: Please vacate the judgment(s) entered and mark the action discontinued and ended without prej dice. Date: PH HALLINAN & C IEG, LLP By:- A Lawre c T. Phelan, Esq., Id. Nq! 32227 Franci S. Hallinan, Esq., Id. No 62695 Daniel chmieg, Esq., Id. No. 62205 Michele . Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 810 Jenine R. Davey, Esq., Id. No. 8707 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 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 PHS# 220894 Attorneys for Plaintiff ,gyp at