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HomeMy WebLinkAbout04-3285 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LA WRENCE 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 ATIORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 COURT OF COMMON PLEAS CNIL DNISION Plaintiff TERM NO. 04 -3;U>.s C/ul'ic ~. CUMBERLAND COUNTY . ICJ~ v. MICHELLE MCCAUSLIN 6905 SALEM PARK CIRCLE MECHANICSBURG, P A 17050 NICOLE BAKER 6905 SALEM PARK CIRCLE MECHANICSBURG, PA 17050 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a ""ritten 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 #: 95151 File #: 95157 IF TillS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU 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. 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2. The name(s) and last known addressees) ofthe Defendant(s) are: MICHELLE MCCAUSLIN 6905 SALEM PARK CIRCLE MECHANICSBURG, P A 17050 NICOLE BAKER 6905 SALEM PARK CIRCLE MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 04/15/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1755, Page 3562. 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 03/01/2004 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#: 95157 6. The following amounts are due on the mortgage: Principal Balance Interest 02/01/2004 tbrough 07/07/2004 (Per Diem $13.74) Attorney's Fees Cumulative Late Charges 04/15/2002 to 07/07/2004 Cost of Suit and Title Search Subtotal $72,923.00 2,170.92 1,250.00 168.66 $ 550.00 $ 77,062.58 Escrow Credit Deficit Subtotal - 333,85 0.00 $- 333.85 TOTAL $ 76,728.73 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 hecause the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 76,728.73, together with interest from 07/07/2004 at the rate of $13. 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. FEDE1; AND PHELrL' L'fdc~ 714.4 v0.. . By: / !Francis'1. Hal an}; -'\........:. FRANK EDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 95157 ALL THAT CERTAIN piece or pllfcel of land situate ill tile Township of Hampden, County of CumherIarnl and Commonwealth of Pennsylvania, morl particularly bounded and described IS follows, to wit: BEGINNING at the point 01 intorsection 01 the northern filIa of a tan foot wide cartway and the line of adjoiner belWean Lots Nos. 128 and 127 on tile flereiIafter meJltioned Plan of lots; tbence North 20 degms 24 minutes 49 SBtonds WtlSt by said fine of .djoiner I ulStallC8 of 100 faot to 8 point olllbe southern line of a tw8lR'{ feel wide driveway; thence along said driveway North 69 degrees 35 millutss 11 slltondl wt a OISl8llC& of 20 feet to a point; tbem:e South 20 degrees 24 minutes 49 seconds East along the line of adjoiner betwUllll Lots Nes. t 27 and 128, a distance of 100 feet to a poinl on the nonhern line of a I8n fanl wide cartway; thence a1l111l1 said canway South 69 degrees 35 minutes 11 seconds Wasl 8 distance of 20 feet to ilia point lIIId place of BEGINNING. BEING lot Nil, 127 on the Plan of Salem Pafk Land Development, which Plan is recorded in the Cumberland Coul1t'( Recorder of Deeds Office in Plan Book 25r Page t 2. HAVING thlfllllll erected a tllwnhllUS8 known and numbered as 6905 Salem Park Cirtle, and baing also identified as ClIlllberland County Tax PaR:el No. 10.19.1606-091. UNDER AND SUBJECT, nevertheless, to IllStrictlOl1llIll1d easements of prior raCD"" and further, SUBJECT and TOGETHER WITH an eaS8J118llI for the full frea end lIfIintelJupl8d ingress, agress and regress te and tram tile respective propeft\' above desuillad and Salem Circle and Ibe cll/IlIROn IaR1l over and acms the rlllperive welkways, driveways end park paths more particularly shown on the aforementioned plan whidI abut and are adjacent to the respective lot, in common with others similarly entitJad and together with the rights 88 OWll8l'S under the Declaration and Code III Regulations recorded In Misc. Book 2' t, Page 945 to 976, in&lusiva. to an interest ill the common lands reforred to above and shown Il/l said plan. BEING THE SAME PREMISES WHICH David N. Kimmel and Elizabeth H. K'unme!, husband and wife, by Dead dated June 7, 1995 and I'Ilcorded in The Office of The Recordar of Deeds in and for Cumberland County in Oaed Book 123 Page 286, granted and conveyed unto WiIIIur E. Ruudabaugb and Helell L RauduilUllh, IlIIsbend and wife, Grantors hereill. PROPERTY BEING: 6905 SALEM PARK CIRCLE .. VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for 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 he is 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 its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. 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. p~,w~ ;; Jjfy Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: 7 )-)t (J -lg.. 1 0 ~ ~ B v.... r-.> l;; SO? ~) C) r- -:-...J (:".:c::J .] -<.- v... --I ~ F '-- I-n ~ c.,: ..0 i'- rnr::;;;. (j:J ':b -nr-n ~ . -~c:.o co l;'"),.\ -I- ii8 +-- -o'} ~ t'.-' ~ ".1.> -, 0 '--J - - SHERIFF'S RETURN - REGULAR CASE NO: 2004-03285 P COMMONWEALTH OF PENNSYLVANIA; COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS MCCAUSLIN MICHELLE ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MCCAUSLIN MICHELLE the DEFENDANT at 1836:00 HOURS, on the 21st day of July 2004 at 5 C CREEKSIDE DRIVE CARLISLE, PA 17013 by handing to MICHELLE MCCAUSLIN a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers; 18.00 11.84 .00 10.00 ,00 39,84 R. C~:::~~ 07/22/2004 FEDERMAN & Sworn and Subscribed to before By;' me this /.Ie day of ~ Q~ A.D. (~~thonotary ,~. SHERIFF'S RETURN - REGULAR CASE NO: 2004-03285 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS MCCAUSLIN MICHELLE ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BAKER NICOLE the DEFENDANT , at 1836:00 HOURS, on the 21st day of July , 2004 at 5C CREEKSIDE DRIVE CARLISLE, PA 17013 NICOLE BAKER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16,00 Sworn and Subscribed to before me this '/ e day of C1u.y~ 2M) 'I A . D . n ~ Q J-n"U.L-.--- ,,~, '-~thonotary ) -r-; So Answers: ~~?,,4-(..~~ R. Thomas Kline I 07/22/2004 FEDERMAN &~. BY:~ eputy . FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No, 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BLVD., SillTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. 8201 GREENSBORO DRIVE, SillTE 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 04-3285 CIVIL MICHELLE MCCAUSLIN NICOLE BAKER Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against MICHELLE MCCAUSLIN and NICOLE BAKER, 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 Interest from 7/8/04-9/2/04 to 9/3/04-12/8/04 TOTAL $76,728.73 $783,18 $77,511.91 I hereby certify that (1) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. '-~ fI. .R.Ao .d. 9 JV'{'t !) ~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: j,/,~n,1. ;Uv'i ~. R. ;f,_ j.#-: PRO PROTHY I FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LA WRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (71 ';) ';61-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INe. : COURT OF COMMON PLEAS Plaintiff : CNIL DIVISION Vs. : CUMBERLAND COUNTY MICHELLE MCCAUSLIN NICOLE BAKER : NO. 04.3285 Defendants TO: MICHELLE MCCAUSLIN 5 C CREEKSIDE DRIVE CARLISLE, PA 17013 p'_: COpy DATE OF NOTICE: ATfGTfST 11, 2004 THIS FIRM IS A DEBT COLLECfOR ATTEMPTING TO COLLECf A DEBT. TillS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECf THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONS1RUED TO BE AN ATTEMPT TO COLLECf A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECfIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COVNfY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 ~~~11H~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (71 ") "61-7000 A TfORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. : COURT OF COMMON PLEAS Plaintiff : CML DIVISION Vs. : CUMBERLAND COUNTY MICHELLE MCCAUSLIN NICOLE BAKER : NO. 04.3285 Defendants TO: MCOLE BAKER 5 C CREEKSIDE DRIVE CARLISLE, PA 17013 rH "'.. ~." "'Y . "",( DATE OF NOTICE: AUGUST 11, 21104 THIS FIRM IS A DEBT COLLECTOR ATfEMPTING TO COLLECT A DEBT. '!HIS NOTICE IS SENT TO YOU IN AN ATfEMPT 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 CONS1RUED TO BE AN ATfEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY A TfORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO '!HE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR O'!HER IMPORTANT RIGHTS. YOU SHOULD TAKE '!HIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 ~~~AsN.11JL FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plsintiff SHERIFF'S RETURN - REGULAR CASE NO: 2004-03285 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS MCCAUSLIN MICHELLE ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MCCAUSLIN MICHELLE the DEFENDANT at 1836:00 HOURS, on the 21st day of July at 5 C CREEKSIDE. DRIVE , 2004 CARLISLE, PA 17013 by handing to MICHELLE MCCAUSLIN a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18,00 11.84 .00 10.00 ,00 39.84 .~~~~ R. Thomas Kl ine ' 07/22/2004 FEDERMAN & Sworn and Subscribed to before By:' me this day of A.D. Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2004-03285 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS MCCAUSLIN MICHELLE ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, pennsylvania, who being duly sworn according to law, was served upon says, the within COMPLAINT - MORT FORE BAKER NICOLE the , at 1836:00 HOURS, on the 21st day of July 2004 DEFENDANT at 5C CREEKSIDE DRIVE CARLISLE, PA 17013 NICOLE BAKER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 ,00 ,00 10.00 .00 16,00 ' Sworn and SUbscribed to before me this day of A.D. Prothonotary So Answers: ~1/?',p~.cY. . 7 ,:'~:4).-';f'~"",~""~, R. Tnomas Kline ",t~/p ,,'/-~k~ ~". -,~~ . I ;;{::, .- = ~ J? ~ w -..c c; "\ 1 - '" "" c ~ ...D -S'l C::; :3 '" g\- { i ~:::; () (--:: '"_~ ~n t:-:-1 (,1 :~l _.i r"'-) I'~ FEDE~ANandPHELAN,LLP By: FRANK FEDE~AN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO, 04-3285 CIVIL MICHELLE MCCAUSLIN NICOLE BAKER Defendant(s). VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant MICHELLE MCCAUSLIN is over 18 years of age and resides at, 5 C CREEKSIDE DRIVE, CARLISLE, PA 17013. (c) that defendant NICOLE BAKER is over 18 years of age, and resides at,S C CREEKSIDE DRIVE, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. J\ ().~ cf fU ^-~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff "", "- r" f,) ,':"::;:; -..:.~ ::c') Request for Military Status Page I of I Department of Defense Manpower Data Center .. Military Status Report .. Pursuant to the Servicemen's Civil Relief Act of 2003 <Last Name First Middle Begin Date I Active Duty Status MCCAUSLIN Currently not on Active Military Duty, based on the Social Security Number and last name provided. SEP-02-200412:42:10 I Service/Agency Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the Military. ~~o-~ Robert J, Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please fax your response to 703-696-4156 or call 703-696-6762 and further research will be done. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non- match. https://www.dmdc.osd.rnil/udpdri/owalsscra.prc_Select 9/2/2004 /"-, C""-~ C_':-_~ '__J '"n ..-l ,,'" I --..1 c; FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION MICHELLE MCCAUSLIN NICOLE BAKER NO. 04-3285 CIVIL Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage () non-owner occupied () vacant o Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Jt 0 rt ~ ~mlV'N f)J0 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ( PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. Plaintiff, v, No. 04-3285 CIVIL MICHELLE MCCAUSLIN NICOLE BAKER Defendant(s), TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $77,511.91/ Interest from 9/3/04-12/8/04 (per diem -$12.74) $1,235.78 and Costs TOTAL $78,747,69 d\ -6.rlfi. ~ -dM_rrL()rf-.-; FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No, IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ... ... ,.... ,.... <:> <:> r-- r-- ,.... ,.... << =-=- . . ~~ ...:1...:1 ...< "'''' ... ... oz z ~~ "'~ 0 ... ~;;: u ... ~s uu uZ ~ . . ...:I", Z U ~~ =-Z z";. ... ~~ >> ..,,; Zz 0'" ...:I ;!;! <!.l "'Q:i , o~ Q:i~ ~~ ~ = ~~ <!.l ~=- ...~ ... ~ ~~ ~~ '" ~ . U'" 0<:: <!.l ~'" u< ~~ .0 o~ ... l!: ... ... ...:I~ Ul:Q ~~ >. UZ .; ~~ ;!~ to ~Z .. <.8 S ...~ ~...:I ~~ ~~ 00 ~o ...:10 >. ~gl ~ "... ~E <!.l ...u <... ...:Iu Q:i 01 g. Q:i~ ,,~ ~z or '0 UU p. ~~ ... Q .-It:: UU ~ ~... U ~6 '< 8; ... ~ II) II) <!.l of!l ~ =- ~ ... c:: ~~ ~" U '" ~ '" =l:Q ~ ~ -i::i .13 ~~ ~ "" ~ < ...u (/ ALL 11lA T CERTAIN piece or parcel of land silllate in the Towmbip of Hampden, Counly of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BOOINNlNO al tile point of Inlel$CCtlnn of lhe Nonhcrn liDA: of a len fOOl wide cartway and tile line of adjoiner between lollS Nos. 126 and 127 un lite hereinafter melltionod Plan of LullS; thence North 20 degr= 24 miDuto. 49 ..conds West by said line of adjoiner a distance of 100 feet to a point on the Suuthern liDA: of a twenly feet wide driveway; thence along .aid driveway Nort1I 69 degr.... 35 minutes II seconds Falll a dWance of 20 feel to a poinl; thence South 20 ~ 24 minu.... 49 se.:onds f.ast along lfIe line uf adjoinet belweell LoIs Nos. 127 and 128, a disl8nce of 100 feel to a point on the Northern line of a ICll feet wide eartWay; thc:IIce along said earlway SolIdI 69 degrees 35 mllJllleS 11 seconds West a distallCC of 20 feel to the POUlI and place of beginning BEING Lot No. 127 on the Plan of Salem Park Lalld DeVelopment, which Plan is recotded in the Cumberland COunty Recorder of Deeds Office in l'1an Book ~, Page 12. HAVING lbercon erected a IOwnhouse known and numbered as 6905 Salem Park Cude and being also idenlified as Cumberland County Tax Parcel No. 10-19-1606-081. TITLE TO SAID PRnMlSFiS III VESTFD IN Michelle McCauslin and Nicole Baker, single perSOJ'l/l by Deed from Wilbur E. Raudabaugh and Helen L. Raudabaugh, husband and wife, da!Cd 4/15/2002 and recorded 4/17/2002 in Deed Book 251 Page 1349. Tax Parcel #10-19-1606-091 " ~ ~ ~ ~ F t ....., ("~' -~ (:-) ( , .~i 1 ,'.- '" '... "\ '" ~. "l 1.1\ a ~ .....J I.J , ..:0 l:\ ~ . " ,... '-' i3 ." ;' f~: '- - '- c" u. '-" I \:::: ..:. I ';.. " :--tJ ~, \ :"') '. ~ v\ c "" L- ........ 'C, ~~ ':; ~ e- el N C. .~ '" ~~ r n ~:, i ~, ,.. f:0 $I WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N004-3285 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfY the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC Plaintiff (s) From MICHELLE MCCAUSLIN NICOLE BAKER (I) You are directed to levy upon the property of the defendant (s)and to seH 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 foHows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $ 77,511.91 L.L.$0,50 Interest FROM 9/3/04 - 12/8/04 (PER DIEM-$12,74) $1,235,78 AND COSTS) Ally's Comm % Due Prothy $1.00 Ally Paid $137,84 Plaintiff Paid Other Costs Date: SEPTEMBER 7,2004 CURTIS R. LONG (Seal) Prothonotary By: ~a~ Deputy REQUESTING PARTY: Name FRANK FEDERMAN ESQUIRE Address: ONE PENN CETNER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD, SillTE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLFF Telephone: (215)563-7000 Supreme Court ID No. 12248 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION MICHELLE MCCAUSLIN NICOLE BAKER NO. 04-3285 CIVIL Defendant(s). AFFIDA VII PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.. Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 6905 SALEM PARK CIRCLE, MECHANICSBURG, PA 17050. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHELLE MCCAUSLIN 5 C CREEKSIDE DRIVE CARLISLE, PA 17013 NICOLE BAKER 5 C CREEKSIDE DRIVE CARLISLE, P A 17013 2, Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 6905 SALEM PARK CIRCLE MECHANICSBURG, PA 17050 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa, C,S. Sec. 4904 relating to unsworn falsification to authorities. September 3, 2004 DATE JLoni<.., -d1.Am j} ~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, No. 04-3285 CIVIL v. MICHELLE MCCAUSLIN NICOLE BAKER Defendant(s). September 3, 2004 TO: MICHELLE MCCAUSLIN 5 C CREEKSIDE DRIVE CARLISLE, P A 17013 NICOLE BAKER 5 C CREEKSIDE DRIVE CARLISLE, P A 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at. 6905 SALEM PARK CIRCLE. MECHANICSBURG. P A 17050. is scheduled to be sold at the Sheriffs Sale on DECEMBER 8. 2004 at 10:00 a,m, in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $77.511.91 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: L 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. L 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 (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 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, P A 17013 (717) 249-3166 (800) 990-9108 ALL lllA T CERTAIN piece or parIlCI of land silllalC in lbe Township of Hampden, CoWlly of Cumber1aoU and Commonwealth of Pennsylvania, mOle particularly bounded and described as follows, to wit: BEGINNlNO at \be po\IIl of inlel$Cl;tlOll of lIII: Nonhcn11ine of a Ie1I fOOl wi4c cartWay and lIII: line of adjolner netwccn Lots Nos. 126 and 127 on \he hereinafter mentioned Plan of 1.01>; thence North 20 degrees 24 minutes 49 ..conds Wes( by said line of adjoiner a distance of 100 feet to a point on tbe Soutbem line of a twenly feet wide driveway; thence along ,aid driveway North 69 degrees 35 minuks 11 lleCOnds EasI a dl'ltallce of 20 feel to a point; thence Scum 20 dcgrccs 24 minu.... 49 secolllls East along the line of adjoiaeT between Lots Nos. 127 and 128, a dislll_ of 100 feet to a point on tbe Notthem line of a ten l'cet wide cartway; thcDCe alOll/! said <:arIway South 69 degrees 35 mitwleS 11 ~nds We$t a distance nf 20 feet to the point and place of beginning BEING LoI No. 127 on the Plan of Salem Park Land Development, which Plan is recorded. in the Cumberland County ReCCll:der of Deeds Office in Plan Book 25, Page 12. HAVING lherenn eredl:d a townhouse known and numbered as 6905 Salem Park Cin:le and being also identified as Cumhet1and County Tax Parcel No. 10-19-1606-081. TITLE TO SAID PRTlM1SIlS I~ VESTED IN Michelle McCauslin and Nicole Baker, single perSOIlll by Deed from Wilbur E. Raudabaugh and Helen L. Raudabaugh, husband and wife, dated 4115/2002 and recorded 4/17/2002 in Deed Book 251 Page 1349. Tax P-dl'CCl #10-19-1606-091 C) ~..;::: , .......1 .""." c-.: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. ) CIVIL ACTION ) vs. MICHELLE MCCAUSLIN NICOLE BAKER ) CIVIL DIVISION ) NO. 04-3285 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. hereby verify that on ~~/8/04 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: November 22,2004 .~~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff :;CQl ~ E. ...... ..... ...... ~z v. ~ VJ [~ tll'" ",s, en I fi e; [z ~ ~l l' 51 0 l' o~ tr1 81oi' ES:: g a (j ~ CIl 2 111'" it g'" ~!i if ~ ~ o i s: ~ ~"''''lfgl 88&a Cn~a8E: ~"8illi i~. i:~. 5 (g~;;ggCl' N:3 ""'>0 - EftM)o 8'&~8-' ..." 05 OJ Jf8J8 ! g." ~ f;;l ~ ill ~ 2 -..l5 l' ~n ~!l. s,li"~gg, ~ ;;'Cl ~ g ge~Cl~ ~~glig. &in~ ~ ~.~ g. <!'l3il" 1;;'!3 <i 8- ~ -. = 8' ""'g.~!i ~.3 ~~. ,....~.g 0 ~"Ei!. -"il<i ~J, a ca. e-li"~!; .gggg, "'1::'''' ~:~~! ~'~g:~ g ~~ il !> ~ ~ ~. at!J. We:~8. II l\: _0" fH'8~. :::~8-< ~g~~ ::: ;;." S!: ~ lij'" ~ g if ..... N ..... ..... ..... 0 \0 00 -..I 0\ V. ~ VJ N ..... l' 5' (} o>z ""'Q.~ CZlQ.51 ~ ., ~ = ~ ~ Q.",,= ~ Q. (j t:l z o 0 II ~ ~ ; ~ R f ~ ~ t ~ ~ ~ $ "tl tIl ~ 6: .~ ~ ~ ~ ~ ~ i ~ i ~ ~. t (j 0 ~ t:l tr1 (j ~ ~ ~ ~ ~ i;; ~ ~ ~ ~ ~ ~ ~ ~ 0 ~ C3 ~ ..... tt:J Ic:l cJ 0 tIl ~ ~ ~ 0\ tr1 .~ .>-l ~ ~ tIl tIl tt:J J;; ~ ~ "tl ;I> ~ ~ o (j .~ )> ;:s. c;" CD z c 3 C" CD ., '"C:l......O'71 [~~~ ! i i ~tr:l ~'71() . . g ~~~~ ~~~O ....O"CZl"tl 0,< ~ ::z:: ~tl:ltTtr:l ;x;o8.t'"' ~~~~ "l:I~CZl. llo..S't'"' ~. g. t'"' '-oCZl::!"tl :., S. ~ ft .8 ~ ~ 0 ., 0 ~~ -~"". ..... -..I ..... o v. (~ :<.<aPQS~ \"'-, V~ . I'..t'v \ ',;? ,.... C!t "..:.~.I . g l~. ~~~~~Va 1I1\~~r' _ ~""~{'f'N{'i6L"'l"~"I!f.~ .~~ 5 " $ 00.900 02 1.e.. _ SEP 08 2004 000430037' ZIP CODE 1 g', 03 MAILED FROM . LLLLJJI 0 ,...", = 0 c Co";;) ,., "::.~ ..c- -0 (:c: :z: --f rnrr C:) ffj:n ":~:l, ""<:: r- ,,:"...,rf' . N :p~ cn .".J ~~."'" \.0 0 ~ .'-1 ..J ...,... -,. ?:.~ f:: ~ -0 ~5~-J =c ~". (') Pc ?:S rn z )~ ~ ::l, (.Jj -< COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }ss: 0'1 ~ ..5 .1.g.)- I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certi that the Sheriffs Deed in which Washington Mutual Bank F A is the grantee the same having been Id to said grantee on the 8th day of Decemver A.D., 2004, under and by virtue of a writ Execution is ed on the 7th day of Sept, A.D., 2004, out of the Court of Common Pleas of said County as of Civil T rm, 2004 Number 3285, at the suit ofMtg Electronic Reg Systems Inc against Michelle McCauslin & Nicole Baker is duly recorded in Sheriffs Deed Book No. 268, Page 1971. IN TESTIMONY WHEREOF, I have hereunto s t my hand .-tf:- and seal of said office this day of , A.D. d6)(}J~ Record r of Deeds ,CarIfsIe,PA yolJan.llOOIl In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-3285 Civil Term Mortgage Electronic Registration Systems, Inc. VS Michelle McCauslin and Nicole Baker Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on September 17,2004 at 4: 19 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Michellel McCauslin and Nicole Baker, by making known unto Linda McCauslin, mother of Michelle McCauslin and adult in charge for Nicole Baker, at 5C Creekside Drive, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on October 18, 2004 at 2:30 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Michelle McCauslin and Nicole Baker located at 6905 Salem Park Circle, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency ofthe action to the within named defendants, to wit: Michelle McCauslin and Nicole Baker, by regular mail to their last known address of 5 C Creekside Drive, Carlisle, PA 17013. These letters were mailed under the date of October 07,2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 8, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg for Washington Mutual Bank, F.A. It being the highest bid and best price received for the same, Washington Mutual Bank, FA of8]20 Nations Way, Jacksonville, FL 32256, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$847.73, it being costs. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary $30.00 16.58 15.00 15.00 30.00 10.00 .50 1.00 / () ,j. \ ') .0" I)' tA~"\ t ,,1\'tV (l' Mileage Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed $ 8.88 15.00 30.00 288.65 290.20 30.42 25.00 41.50 847.73 Sworn and subscribed to before me So ~)lI7~ _ r~n~'-~~~ This .;< .;J day of q_ .JL . ~. .If R. Thomas Klme, S. h.enff 2005,A.D_ ~./~ ., ('LI Prothonot ~&x--. BY J Ot.-lLj ,h'Y\.11.J1 -~ Real Estate! Deputy t MORTGAGE ELECTRONIC REGISTRATION .. : SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PL S v, CIVIL DIVISION MICHELLE MCCAUSLIN NICOLE BAKER NO. 04-3285 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the ab ve action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for e Writ of Execution was filed the following information concerning the real property located at 69 SALEM PARK CIRCLE, MECHANICSBURG, PA 17050. I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHELLE MCCAUSLIN 5 C CREEKSIDE DRIVE CARLISLE, P A 17013 NICOLE BAKER 5 C CREEKSIDE DRIVE CARLISLE, PA 17013 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None , 4. Name and address of last recorded holder flf every mortgage of record: Name Last Known Address (if address canno be reasonably ascertained, please indicate None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property an whose interest may be affected by the sale. Name Last Known Address (if address cannot e reasonably ascertained, please indicate) None 7, Name and address of every other person of whom the plaintiff has knowledge who has y interest in the property which may be affected by the sale: Name Last Known Address (if address cannot b reasonably ascertained, please indicate) Tenant/Occupant 6905 SALEM PARK CIRCLE MECHANICSBURG, PA 17050 Domestic Relations of Cnmberland Couuty 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my ersonal knowledge or information and belief, I understand that false statements herein are made subj ct to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. September 3, 2004 DATE ~-Osl.k:1 d {^ N'j jl~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, No, 04-3285 CIVIL v, MICHELLE MCCAUSLIN NICOLE BAKER Defendant(s), September 3, 2004 TO: MICHELLE MCCAUSLIN 5 C CREEKSIDE DRIVE CARLISLE, P A 17013 NICOLE BAKER 5 C CREEKSIDE DRIV CARLISLE, P A 17013 "THIS FIRM IS A DEBT COLLECTOR A1TEMPTING TO COLLECT A DEBT AND ANY IN. ORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DlS 'HARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE C NSTRUED TO BE AN A1TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPER .. Your house (real estate) at 6905 SALEM PARK CIRCLE MECHANICSB RG PA 17050 is scheduled to be sold at the Sheriffs Sale on DECEMBER 8. 2004 at 10:00 a.m. in t e Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court ju gment of $77.511.91 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTE S INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be ade 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: l. The sale will be cancelled if you pay to the mortgagee the back paym ts, late charges, costs and reasonable attorney's fees due. To find out how much you ust pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court 0 strike or open the judgment, if the judgment was improperly entered. You may also as the Court to postpone the sale for good cause. 3 . You may also be able to stop the sale through other legal proceeding . , , ALL llIA T CERTAIN piece Dr parcel uf JandSl!llllte in the Township of Hampden, Co y of CumberlanLl and Commonwealth of Pennsylvania, mOle particularly bounded and desc<ibc<l as foJ OWS, lowit: BEOlNNINO at lbe point of IlllelSCClIOIl of Ibe NOl1bern line of a len fOOl wide cartway and I of adjoiner between Lots Nos. 126 and 127 on the hereinafter mcotioncd Plan of Lou;; thence 20 degrees 24 minutes 49 seCOnds West by said line of adjoiner a distance of 100 feel to a point tbe Southern line of a twenty feel wide driveway; thence along .aid driveway North 69 degrees 35 . ules t I second. Ea'll n dl'llnnce 0' 20 feet 10 a point; thence Sooth 20 degrcc:s 24 minutes 49 seconds East .long the line of adjoiDer between Lols Nos, 127 and 128, . dlslanu of 100 feet to a point 0 tbe NOllbem line of a tell feet wide cartWay; 1beDc:e a10l1g said <:artway Smtih fIJ degrees 35 mi 11 seconds West a diSIDncc of 20 MtO the POWI and p\al:e of beginning BEING Lot No. 127 on the Plan of Salem Park Land Oeveiopment, wbicb Plan is recorded j tile Cumberland coonty Recorder of Deeds Office In Plan Book 25, Page 12. HA VINO lIIefeon ~ a lownbouse known and numbered as 690S Salem Park Circle and being Iso identified as Cumberland County Tax Parcel No. 10.19-1606-081. TITLE 10 SAID PRRMlSF.s IS V\i<;TED IN Michelle McCauslln and Nicole Baker, single persons by Deed frwn Wilbur E, Raudabaugh and Helen L Raudabaugh, husband and wife, led 4/15/2002 and recorded 411712002 in Deed Book 251 Page 1349. Tax Parcel #1Q-19.16lJ6.091 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) , N004-3285 Civil CIVIL ACTION - LA TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC Plaintiff (s) From MICHELLE MCCAUSLIN NICOLE BAKER (1) You are directed to levy upon the property ofthe 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 fr paying any debt to or for the account of the defendant (s) and from delivering any property of the defen t (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $ 77,511.91 L.L.$0.50 Interest FROM 9/3/1l4 -12/8/04 (PER DIEM-$12,74) $1,235,78 AND COSTS) Ally's Comm % Due Prothy $1,00 Atty Paid $137.84 Plaintiff Paid Other Costs Date: SEPTEMBER 7, 2004 CURTIS R. LONG (Seal) Prothonotary , By: 0 'r--<-- 0. Yvuftt-.v Deputy REQUESTING PARTY: Name FRANK FEDERMAN ESQillRE Address: ONE PENN CETNER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLFF Telephone: (215)563-7000 Supreme Court ID No. 12248 ~ Real Estate Sale #58 On September 09,2004 the Sherifflevied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 6905 Salem Park Circle, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein, Date: September 09,2004 By: JectvSYv'LctJ., Real Estafe Deputy !ISH 3d :, I f' I.l(' 0_ .) /~ . ,j...![, _J; ~ ~ ~ ~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the la s of the Commonwealth of Pennsylvania, with its principal office and place of business at812to 818 Market Stre t, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News d The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, i the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established Marc 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 pub 'shed in their regular daily and/or Sunday/ Metro editions which appeared on the 19th and 26th day(s) of October a d the 2nd day(s) of November 2004. That neither he nor said Company is interested in the subject matter of said p ted no lice or advertising, and that all of the allegations of this statement as to the time, place and character of pub .cation are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verif this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously pas ed 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<< ", Volume 14, Page 317. COpy S ALE #58 Sworn to and subscribed be NOTARIAl Terry l. Russell, Not b . OW of Harrisburg, Do . My Commission Expires June 6, 2006> A PUBLIC Member, PennsytvanlaAssocl a:tjftg]fl.ion expires June 6, 2006 PUBLICATION CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 , Statement of Advertisiug Costs .. To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 290.20 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same ve been duly paid. By............................................................. ...... or-'-'- --:" REAL ESTATE SALE No. 58 Writ No. 2004-3285 CIvIlTenn Mortgage Electronic Reglslnitlon SyB\8mS, Inc. Va Michelle McCauslin and Nicole Baker Atty: Frank Federman DE$P-IlIPTION AlL THAT ~ piece or parcel 01 land si_ in the T_p 01 Hampden. County of Cumberland and Commonwealth of Pennsylvania. more particularly bounded and described as follows, to wit: BEGINNING at the point of intersection of the Northern lil1e of a ten-foot-wide cartway aM the line of adjoiner between Lots Nos. 126 and 127 be the heJeinafter mentioned PIan of Loo; theoce Nortl1l.\ldegrees 24min"'" 49 secundsW"'by said line of adjoinera distance of 100 feet to I point on the Southern line of a twenty-feet wide driveway; thence a10ng said driveway Nortb 69 degrees 35 minutes 11 seconds East a distance of 20 fuetto a point; theoce SoU1hl.\ldegle<o 24 minutes 49 seconds East along the line of "'joiner between Lots Nos. 127 and 128, a distance of 100 feet to a point on \:he Northern line of a ten-feet- wide cartway; theoce along saidcartway South 69 degrees 35 mmutes.ll seconds West a dis-tance ofl.\l feet to the point and place oIBEGINNING. BEING Lo. No. 127 be the Plan of Salem I'aJk Land Development. which Plan i, ~ in the Cumberland ~ty Reconlerol Deeds Office in Plan Book 25, Pa,\;J2. HAVING ~o:ected a townhouse known and nwnbered as 6;;-:~Salem Park: Cin;le and being also ideIltiJied as Cumberland o,unty Tn PareelNo.10-1il-1_I. 1TILE TO SAID prem;... is .- m Michelle McCauslin and Ni,<>Ie Baktr, single penons, by Il<ed from Wllbur E. Raudabaugh and Helen L. Raudabaugh, huoband and wife, dared 4/1512002 and reoonlerI4/1712OO2 in Il<ed Book 251 Page 1349. 1i\X PARCEL Il0-1il-16lJ6.fflI. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATEOFPENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the Count and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberlan Law Journal, a legal periodical published in the Borough of Carlisle in the County and State at! resaid, 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 reg larly issued weekly in the said County, and that the printed notice or publication attached heret is exactly the same as was printed in the regular editions and issues of the said Cumberland aw Journal on the following dates, V1Z: OCTOBER 8,15,22,2004 Affiant further deposes that he is authorized to verify this statement by the Cumbe land Law Journal, a legal periodical of general circulation, and that he is not interested in the s bject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing stateITJents as to time, place and char. ,ter of publication are true. S TO AND SUBSCRffiED before me t is 22 day of OCTOBER 2004 NOTARIAL Sf AL LOIS E. SNYDER. Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 REAL ESTATE SALE NO. 58 Writ No. 2004-3285 Civil Mortgage Electronic Registration Systems, Inc. VS. l\ilichelle McCauslin and Nicole Baker Atty.: Frank Federman ALL THAT CERTAIN piece or par- cel of land sUuate in the Township of Hampden, County of Cumberland and Commonwealth of Pennsylvania. more particularly bounded and de- scribed as follows, to wit: BEGINNING at the point of in- tersection of the Northern line of a ten foot Vvide cartway and the line of adjoiner between Lots Nos. 126 and 127 on the hereinafter mentioned Plan of Lots; thence North 20 de- grees 24 minuses 49 seconds West by said line of adjotner a dIstance of 100 feet to a point on the Southern line of a twenty feet wide driveway; thence along said driveway North 69 degrees 35 minutes 11 seconds East a distance of 20 feet to a point; thence South 20 degrees 24 min- utes 49 seconds East along the line of adjoiner between Lots Nos. 127 and 128, a distance of 100 feet to a point on the Northern line of a ten feet wide cartway: thence along said cartway South 69 degrees 35 min- utes 11 seconds West a distance of 20 feet to the point and place of be- ginning. BEING Lot No. 127 on the Plan of Salem Park Land Development. which Plan is recorded in the Cum- berland County Recorder of Deeds Office in Plan Book 25. Page 12. HAVING thereon erected a town- house known and numbered as 6905 Salem Park Circle and being also identified as Cumberland Coun- ty Tax Parcel No. 10-19-1606-08 L TITLE TO SAID PREMISES IS VESTED IN Michelle McCauslin and Nicole Baker. single persons by Deed from Wilbur E. Raudabaugh and Hel- en L. Raudebaugh. husband and wife. dated 4/15/2002 and record- ed 4/17/2002 in Deed Book 251 Page 1349. Tax Parcel #10-19-1606-091. -:"