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HomeMy WebLinkAbout04-3504 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. 64 -35"01 CiCJ~ l~Efl...Yy v. CUMBERLAND COUNTY RANDY L. MCCOY 102 NORTH BALTIMORE AVENUE MOUNT HOLLY SPRINGS, P A 17065 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 96007 File #: 96007 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH 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 EST ATE. 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRNE, SUITE 350 MCLEAN, VA 22102 2. The name(s) and last known address(es) of the Defendant(s) are: RANDY L. MCCOY 102 NORTH BALTIMORE AVENUE MOUNT HOLLY SPRINGS, P A 17065 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 05/30/2002 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. 1761, Page 1482. 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 02/01/2004 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 #: 96007 6. The following amounts are due on the mortgage: Principal Balance Interest 01/01/2004 through 07/19/2004 (Per Diem $15.32) Attorney's Fees Cumulative Late Charges 05/30/2002 to 07/19/2004 Cost of Suit and Title Search Subtotal $76,028.83 3,079.32 1,250.00 133.65 $ 550.00 $ 81,041.80 Escrow Credit Deficit Subtotal 0.00 245.20 $ 245.20 TOTAL $ 81,287.00 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice ofIntention 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. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in !TIll Judgment against the Defendant(s) in the sum of $ 81,287.00, together with interest from 07/19/2004 at the rate of$15.32 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERMANfND PHELAN, ~ By: IS/F7.~I~n . FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 96007 ALL that'cercain crac~ of 1and wLtb the improvements thereotr e-rec:ted s~tuate Ln th~ Borou&h of Mount Holly Spr~ngs. Cumberland' County. Pennsylvania. more particularly bounded and desc:ri.bed as follows: BECINNING at a 'poi.nc. at the ine~ra'ect:i.on of the eascern si.de of North B~lt~more Avenu~ wi.th the northern s~de of 15 feet wide Harm~n Alley; thence. ~n . norcherly dLrect~on along_the ~a$Cern s~de of &a~d; Nor~h Bale~mo~e Avenue. a d1sCance o~ 16.5 fe~c eo a po~ntin the center of t:he part.iti.on wall separatine the semi.-decacb.d dwelling; house nur-t.be'red 102 NO'rth "",,1 ti.mnre ~v.:'nue fTQto e't1~ f;,t!tt.:l"':det::.ch~r:t dwel1i.ng house ~umbered 104 Nor'Ch Bal'ti-more Avenue; chenc,*'throush the cente~ l~ne of said .parcicion w~ll and beyond in an easte~lyd~reccion a d1.scance of 147 feet mOl:8 or less :to an iron pin in l1.n<e of land now O~ formerly of Q. D. Realcy C~mpany~ ~henc~ a~ong SBLd l~ne of land now or formerly of Q. D. R.e~lt:y Comp:.J.oy in a soucherly di"t'ection distance of 17.8 fee~ 'Co A stake C?othe northern l1.ne of s:aid IS feet wide Harman Alley; &hence in a westerLy diTeet~on along the northern l:lne of said 15 feec wi,<Jc Harman Alley'a. d~st:anc;e of 147 feet: Co a point on the eastern sLdu of said North 8alt~mo~e ^venue. at the Place of BEGINNING. HAVING THEREON ERECTED che !>OuChern one-half of a double two and one~half story frame and br~ck dwelliD~hQuse. known as and numbe~ed 102 Narth Baltimore Avenue. h'ls BEING tbe same prop~rcy wife: by deed dated which Ronald F ..Well fe and Lul a B. Wofe. the Reeorde~ of Deedlil D~cernber 30.. 1982,a-nd r.:ec6rded i.n. the Office of f9--r Cumberland Coul'ley '1:nDeed Book '"A". Vol.30. Page 100 graneed and conveyed Unto Randy L. Kc~~y and Ro~.nne Denise McCoy. his wife. the grantors herein. PREMISES BEING: 102 NORTH BALTIMORE AVENUE . VERIFICATION Heather R. Bogan hereby states that he/she is ASSISTANT SECRETARY of CHASE MANHATTAN MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action are true and correct to the best of her knowledge, information and belief: The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Healh.. R. Bogan ~"" DATE: 7/1f7!O(/ (.J "69- t'\0 "1 '- ~ 0- l-') Crt :U ~ ~ ~ 't "'\v r . (}v ~ '--Z. ,....) c; r<; .( ,. ~, :') t~) C) 'on .r:- (-: G '0': :! -, '1-' ,''1 SHERIFF'S RETURN - REGULAR CASE NO: 2004-03504 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS MCCOY RANDY L SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MCCOY RANDY L the DEFENDANT , at 2127:00 HOURS, on the 22nd day of July , 2004 at 102 NORTH BALTIMORE AVENUE MT HOLLY SPRINGS, PA 17065 by handing to RANDY MCCOY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 5.18 .00 10.00 .00 33.18 r~~ R. Thomas Kline 07/23/2004 FEDERMAN & Sworn and Subscribed to before me this '{!3:: day of U-'12t' ~II A.D. . () )}'Ujl,~ #~ P othonotary , By: PHELAN X~(?I{I;J~: /rIe'PutY~Sheriff FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SIDTE 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 04-3504 CIVIL RANDY L. MCCOY 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 RANDY L. MCCOY. Defendant( s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale ofthe mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 7/20/04-8/31/04 TOTAL $81,287.00 $658.76 $81,945.76 I hereby certify that (I) the addresses ofthe Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~ rt ~ 1,0 OQl'l ff'\ ~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. . ;) DATE: .~9rrl- I, 'J..Dc.i-f a.J~ ~ .~c.:c r' PRO PROTHY ~O 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 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. : COURT OF COMMON PLEAS Plaintiff : CIVIL DMSION Vs. : CUMBERLAND COUNTY RANDY L. MCCOY : NO. 04-3504 CIVIL Defendants TO: RANDY L. MCCOY 102 NORTH HAL TIMORE AVENUE MOUNT HOLLY SPRINGS, P A 17065 DATE OF NOTICE: Al)C-;(JST 12, 2004 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 CONS1RUED TO BE AN ATTEMPT TO COLLECT A DEBT, Bur 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 OBJECTIONS 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 WITHOur A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGIITS. 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 ABour 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, P A 17013 (800)990-9 I 08 ~. ~.. ~ ~ ~ \ . . lwlYlNlJ MIb-wJL FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2004-03504 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ~(G MORTGAGE ELECTRONIC REGISTRAT VS MCCOY RANDY L SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MCCOY RANDY L the DEFENDANT , at 2127:00 HOURS, on the 22nd day of July , 2004 at 102 NORTH BALTIMORE AVENUE MT HOLLY SPRINGS, PA 17065 by handing to RANDY MCCOY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 5.18 .00 10.00 .00 33.18 .r~/~--' R. Thomas Kline 07/23/2004 FEDERMAN & Sworn and Subscribed .to before By: PHELAN -, ..., /) I\i.. AI" i -; " /! ! /\)'> , a/ /1 . I)" 'J I, /rJeputy'isheriff me this day of A.D. Prothonotary t (CJ (J ~ () "" jk- ~ C' = 0 t:::.:. ~- "Tl 8 (.I') :? - ;-,'1 r ....... c..., -0 fiO;:!,! ~ f~-- ...;) I -:-,rT1 ~J) cr1 ~ ~ -u c) . ..() ~ F :t; ",9 r..r ~ f' ~~;~ l=" --J ~ ~ ~? :.;-1 c..., r"~ ~ -<.. _D J:- f'", -< FEDERMANandPHELAN,LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, 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. 04-3504 CIVIL RANDY L. MCCOY 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 RANDY L. MCCOY is over 18 years of age and resides at, 102 NORTH BAL TIMORE AVENUE, MOUNT HOLLY SPRINGS, P A 17065. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ..Jil Ort~ ~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff D ...., r; = 0 C__-:l -- <, V) -< r7J "'" V r-ji/::rJ "'17iTl :PO ': 'c?,6 ;t~ " ~.r-, ::!!: ':;;::::...1 ~C) (-:") ,-SrI'*'! ...:~ -- (.,,) .>-1 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 MCCOY Currently not on Active Military Duty, based on the Social Security Number and last name provided. AUG-31-200407:32:03 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. ~~Cl-~ Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, V A 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Emollment 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.mil/udpdri/owa/sscra.prc _Select 8/31/2004 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION RANDY L. MCCOY NO. 04-3504 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: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ ~JtQ.\\J'('C(} f'f.....:; FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff C~ f:; I,., "'-' c:::l '::::--'") .1-.-. U~. ~..., -() o -n -< 'r ~-ii ::n ,-'- -niT"! .~JC} ':'i1~f~ ::(') _3m ., :;.: l....~) '> c..) Cj :.:..;:.- PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. No. 04-3504 CIVIL RANDY L. MCCOY Defendaut(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $81,945.76 Interest from 9/1/04-12/8/04 (per diem -$13.47) $1,333.53 and Costs TOTAL $83,279.29 . ~ "'ri k~rlo~~ '1?~ 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. 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F;~-J d~J ALL that mtain tract of IlDld. with the improvemenIB thel'Q()ll erected situate in llIe Boroullh of Mount IIolly Sprinll", Cumbedarul County, Pennsylvania. more particularly bounded and deSCribed as follows, BEGINNING at a point at !be inrenection of the f..aslcrn side or North Balllmote A venue with the Northern sid. of 15 feet wide Harman Alley; tllenee in a Northerly dhection along the EasterJI side of said North Baltimore AvCllUe. a distance of 16..5 feet to a poinl in the ct:IIler of the partltlon wall oeparatiog tbe scmi-delDClled dwelling house numbered 102 North BallltllOl'c A venue from the semi- delBClIed dwdling house numbered 104 Nonb Baltimore Avenue; Ihenl:e througb the center line Of said partition wall and beyond in an BasterIy dircClion a dlstaru:e of 147 foel more or less to an iron pin in line of land now or formerly ofQ.D. Realty Company; thel1l:e along said line of land now or Connerly ofQ.D. Realty Company in a Southerly direction a distance of 17.8 feet to a stake on the Nortbern line of said 15 feet wide Hl\l1lUU1 Alley; thence in a Westerly <IireCtion along Ihe Nonhem line of said 15 feet wide Ilarman Alley a distance of 147 feet to a poinl OIl the Bastem side of North Baltimore Avenue, at die Pia.. De Beginning. HAYING tbereon erected the SOUlhcrn one-balf of a <Ioublc two and onc-balf story frame and brick dwelling bouse, known as and numbered tOO North Baltimore Avenue. TITLE TO SAID PREMISES IS VIlSTED IN Randy I.. McCoy by Deed from Randy L. MCU>y llIId Roxaune Dennis. McCoy, his wife dIltod 3/18/1988 and rc:corded 4/2111988 in Deo:d Book: 33-H l'lIge228. Tax Parcel #23-32-2336-243 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, iuterest aud costs due MORTGAGE ELECTRONIC REGISTRATION NO 04-3504 Civil CIVIL ACTION - LAW SYSTEMS,INC., Plaintiff (s) From RANDY L MCCOY (1) You are directed to levy upou the property of the defendant (s)aud to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upou in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has beeu issued; (b) the garnishee(s) is eujoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendaut (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachmeut 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 $81,945.76 L.L. $.50 Interest FROM 9/1/04-1218/04 (PER DIEM - $13.47) -- $1,333.53 AND COSTS Atty's Comm % Due Prothy $1.00 Arty Paid $115.18 Other Costs Plaintiff Paid Date: SEPTEMBER 1, 2004 CURTIS R. LONG (Seal) Prothonot;!jY '-Bv: Jb?/J/i-IJ ~P. ~CI2/2I'r<.r Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court lD No. 12248 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION RANDY L. MCCOY NO. 04-3504 CIVIL Defendant(s). AFFIDAVIT 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, 102 NORTH BALTIMORE AVENUE, MOUNT HOLLY SPRINGS, P A 17065. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RANDY L. MCCOY 102 NORTH BALTIMORE AVENUE MOUNT HOLLY SPRINGS, PA 17065 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 of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INC. 6049 ALLENTOWN BOULEVARD HARRISBURG, PA 17112 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) TenantJOccupant 102 NORTH BALTIMORE AVENUE MOUNT HOLLY SPRINGS, PA 17065 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 Ihe 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 of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 31, 2004 DATE ~D51.k_~dDJ)~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff -' (j ~,~, ....., c-:::::> (;~~~ "'- U' r~-> :.." -,..'" :.:.C o -,"1 .-0 " i::l:C ,- -oni ~DC' ~'J r :_'!t.) -~ - ~T'i ,.;';~ -n ,~~O ;;;-rn -, --1 . ~'" c5 (..) (.,..) .<, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 04-3504 CIVIL v. RANDY L. MCCOY Defendant(s). August 31, 2004 TO: RANDY L. MCCOY 102 NORTH BALTIMORE AVENUE MOUNT HOLLY SPRINGS, P A 17065 "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, 102 NORTH BAL TIMORE AVENUE, MOUNT HOLLY SPRINGS, PA 17065, 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, P A 17013, to enforce the court judgment of$81,945.76 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: 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, ifthe 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. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7 . You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 . ._._.-._----"'-_..,~--. ALL tbllt =taln tract of bml;I with me improvelllelllS tbercon cm;ted situalC in lbe BorouF of Mount noUy Springs, Cl.IIIlberland Coumy, Pennsylvania, mllIC pBl1lcularly bounded and described as foIlolV$~ BEGINNING at a point at the inteneetion of the Eastern side or North Baltimore Avenue with the Northern side of 15 feet wide Harman Atley; thence in a Northerly dlm:tion along tile Eastt:rn siOe of ..id North Baltimore Avenue, a distance of 16.5 feet lQ a poiDl in the cenIet of tile partition wall separatillg the sCllli.-dclached dwelliog bouse 1IW11bercd 102 North Baltimore Aveooe from the semi- delBClIed dwelling hoUle IlUmbered 104 Nol\h Baltimore Avenue; thence tlIrougb the celller line (If said partition wall and beyond in an Easterly ditCl:tion a d1stari1:t of 147 feel more or less to an iron pin in 1ine of land now or rotltlCrly of Q. D. Realty CQIlIJlBDY; thence along said line of land now or funncrly ofQ.D. Realty COlDpllllY In a Southerly direction a distance of 17.8 feet to a Slake on the Northern line of .said 15 feet wide Harman AIIcy; thence in a Westerly <IiJeclion along llle Nonhern line of said 15 feet wide Harman Alley a dllitllnCe of 147 feet to a point on the Eastern skIe of North Baltimore Avcmue, at die Place of Beginning. HAVING tI1ereun erected the Southern one-half of a double two and onc-half stOry frame and brick dwelling hollSC, known as and numbered \02 North Baltimore Avenue. T1TLIUO SAID PREMISES \S VESTED IN Randy I.. McCoy by Deed from Randy L. MCV>y and Roxaun. Dennis. McCoy, his wife dallld 31181\988 an<l recorded 4/21/1988 in Deed Book. 33-H Page 228. Tall Parcel #23-32-2336-243 ~X/ (2 c. /--. -. ...., ::=2 ~ cr 1-'\ -.J o -n ..... ?7:p -n~ ':;'r ~A ~f~ C-'-:('5 --";,rn '.:~::'I ~.-. (~) c..) 0.' .::) IN THE COURT OF COMMON PLEAS OF CUMBERLANU COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. ) CIVIL ACTION ) vs. RANDY L. MCCOY ) CIVIL DIVISION ) NO. 04-3504 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 :~/2/04 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 ~lliJrwf\- FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff t""' "'>-l N - ~. ff ~ - - - - - - 1,0 00 -...) 0\ VI ~ \.;J " - VI ~ \.;J N - 0 ~ Z ~S > fir 0- ."" ;:L 0:1'" ,<ia, Cr '" " ~ 5. ~ Z c 3 e- CD .., 8 @ (") 0 z . :;<l>-l ~ 0 0 e !l 0 ~ ~ ~ " " 10 ;:j <> _.- tI1 .... ~z ~ > ~~ ~ en co. >< ~ ." --.. .... .. ",,, 1: 0'" r 0 (") v ~ 0 (") j - .... (") g; O:l( ~ v~ ~ ~ fJJ Ell!! (") ~ ~ " " " ~ (") r 0 Z v~ ::j . >< ~(") 0 ~ g, '" 'T1 ~ ~ - "t:l en 0 ~ 0 ~ ~ N 1,0 Z 'T1 " F ~ .. 0 > m'" ~ en co. -8 ~ t""' j co. o~ ~ i 1~ to tI1 '" 0 F ~ ~ ~ ~ ~ il to 0 0 0 tI1 (") 0 "t:l .... ~ g; ~ ~ w " tI1 j :i: v~ '" .. ~ - \.;J ~ 0 z 1:l~g.!f~ ~ 'T1 0 .8. ~. R eo ~ :E: ~ ~~5~~ tI1 en ~ w~.g" to ~ ~ = So ." _. 1;1 ".01 ~ ::z:: v~ CI}!3r+'gcr. ;Sa~og 0 0 - Qt')'"""Jo ~ ~~~~~ "tl "tl ~ :::~8"li :> 0 ~ ~.~. ~ In' - en to -...) "t:l 0 en "."tl ~ g: ii1 - ~ ~ ~ o m -.0 - 5l~ g ~~. N N ia,~lgco. 0\ v~ 8 FIi' ~ g ven -...) vVl s~g",e. "tl ~ ~ ~i~ii :> - 6'i~~ -...) , ~ ~.~ g. 0 0\ en ~'~1 [ VI en t""' to vtI1 ~ ~~ S' v~ ." :S::l> "tl !.~ ~!. en :> "t:l t""' - - 'g 0 "t:l -...) ~~~~ :> 0 "'. ii1 - - i l 5! '5. -...) \.;J 9-n;;'" - 00 if) ~ 0 -g. i ~ i VI [ g "" If g'~ 't. .. ~ ~51'" ~.......-~ "" ~ R,4~ ! . t-~P%-~ " ft 5 -. ""'. ~J . g e II JP' ~~. If[In's ~ ...5' - "(!.::: ............... . Z 4 ~~__ i n'~ ~ ~ ~ ~ PITNEY BOWES '" 5l'~8 02 1A $ 01.200 g. .::;. :s:: ~ 8~ · . 0 OC 4 30037 7 SE p 02 20(' ~fl~~ "I: MAILED FROM ZIP CODE ~ g; r 3 :s:: In'''tl g: ~ -. n I ~ !l 6' - "... I I I I I I I I I I I I II o>z ",,",c:lo~ OOc:loB (D ., (D = ~ ~ c:loCl.l= ~ Q. ~O::~~ ~~ot:J !ii~ e:'"rjn~ ~~i~ -g~ \00..... -Q..OO", 8'<g.::I: 't:l:Ic::trj -O"r< ~~~~ ~ ~ OOv ;.F-g.b ., 0 '" Coot 00 ::s . ~ ..., ..... ~ ft .g ~ ~ 8 4 (::: ~.. ~;. L~ ~ >-~; " :';:'.\ _c. o r:;:-'. r-;l c.,;.....,. c:-.::> .;:;- :;r.: o ....:: ", U.) , ~ -0 7..;"1": o .'n :::? -rt. fn F:: .'(1 It" -r;; o "3~; =J. ",-0 (..,.; C') iSt\l ::..-\ ):> ::q ....c. U\ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: O'l~35o'l I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby cert fy that the Sheriff's Deed in which Fannie Mae is the grantee the same having been sold to said grant e on the 8th day ofDec A.D., 2004, under and by virtue of a writ Execution issued on the 1st day ofS t, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 3504 al the suit of Mortgage Electronic Reg Systems Inc against Randy L McCoy is duly recorded in Sheriff' Deed Book No. 266, Page 4184. IN TESTIMONY WHEREOF, I have hereunto .,j! et my hand and seal of said office this day of ecor er of Deeds .Car<<sCe,~ olJOll._ , . , . Mortgage Electronic Registration Systems, Inc. VS Randy 1. McCoy In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-3504 Civil Term Jody Smith, Deputy Sheriff, who being duly sworn according to law, states that on September 10,2004 at 8:50 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Randy 1. McCoy, by making known unto Randy L McCoy, at The Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2004 at I :20 o'clock P.M., he posted a true copy ofthe within Rea Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Randy 1. McCoy located at 102 North Baltimore Ave., Mt. Holly Springs, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within name defendant, to wit: Randy 1. McCoy, by regular mail to his last known address of 160 Mountain View Road, Mt. Holly Springs, P A 17065. This letter was mailed under th date of October 06, 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 08, 2004 at 10:00 o'clock A.M. He sold the sam for the sum of$1.00 to Attorney Frank Federman for Fannie Mae. It being the highest bi and best price received for the same, Fannie Mae of 1900 Market Street, Suite 800, Philadelphia, PA 19103, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$817.43, it being costs. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Levy $30.00 16.Q3 15.00 15.00 30.00 10.00 .50 1.00 10.36 15.00 , , Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $ 20.00 288.65 270.97 30.42 25.00 39.50 817.43 Sworn and subscribed to before me ThiS~daYOfH /~l 20(1(A.D.L~a ~~ v'p othonotary . SO.~~ r} "~~t:~~ R. Thomas Kline, Sheriff .'fh ~~ .", .0-0 ":0 . VI... yp03 i2u-. 1::f9011 Plaintiff, COURT OF COMMON PLEAS , MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY v. CIVIL DIVISION RANDY L. MCCOY NO. 04-3504 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above a tion, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the W t of Execution was filed the following information concerning the real property located at 102 NO TH BALTIMORE AVENUE, MOUNT HOLLY SPRINGS, PA 17065. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RANDY L. MCCOY 102 NORTH BALTIMORE AVENUE MOUNT HOLLY SPRINGS, PA 17065 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 n 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) CITIFINANCIAL, INC. 6049 ALLENTOWN BOULEVARD HARRISBURG, PA 17112 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 w ose 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 'nterest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TenantJOccnpant 102 NORTH BALTIMORE AVENUE MOUNT HOLLY SPRINGS, PA 17065 Domestic Relations of Cnmberland County 13 North Hanover Street Carlisle, PAl 7013 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 p rsonal knowledge or information and belief. I understand that false statements herein are made subje t to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 31, 2004 DATE ~Ortk~rl~})~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff " MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 04-3504 CIVIL v. RANDY L. MCCOY Defendant(s). August 31, 2004 TO: RANDY L. MCCOY 102 NORTH BAL TIMORE AVENUE MOUNT HOLLY SPRINGS, PA 17065 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA 10N OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSL Y RECEIVED A DlSCHARG IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS IS NOT AND SHOULD NOT BE CONSTRU D TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 102 NORTH BALTIMORE AVENUE MOUNT HOLT Y SPRINGS, P A 17065, is scheduled to be sold at the Sheriffs Sale on DECEMBER 8. 2004 a 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enfl rce the court judgment of $81.945.76 obtained by MORTGAGE ELECTRONIC REGISTRATIO SYSTEMS. INC. (the mortgagee) against you. In the event the sale is continued, an announc ment will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late l1arges, costs and reasonable attorney's fees due. To find out how much you must pay, ou may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike 0 open the judgment, if the judgment was improperly entered. You may also ask the Cour 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 hance 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 OTHE RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was gross y 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 th sale. To find out if this has happened, you may call (717) 240-6390. 4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the ower 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 heriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings 0 evict you. 6. You may be entitled to a share ofthe money which was paid for your house. A sch dule of distribution ofthe money bid for your house will be filed by the Sheriff within 30 days ofthe ale. This schedule will state who will be receiving that money. The money will be paid out in accord an e with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed wit 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, i you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO Nl T 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 mav no be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must e postponed or stayed in the event that a representative of the plaintiff is not present at he 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 lhat certain tract nf hm\l with the improvemenl$ thereon erected situale in the Borough of Mou IIolly Springs. Cumberland County, Pennsylvania, 'Dore partkularly bounded and described.s follows: HAYING thereon erected the SOOlhern one-balf of a double Iwo and one-balf slOry frame and bri. dwelling house, known as and numbered 102 North Ballimore Avenue. BEGINNING al a poinl al the iottnee[lon of the F.asrern side of North Balllmare Avenue with Nonhern side of 15 feet wide Harman Alley; tbellCt: in 3 Nortberly direction along tile FJistem side 0 s.id North Baltimore Avenue, a distance of 16..5 feet III a point in the center of the partition wa separaliog Ihe semH!dached dwelling house nwnbered 102 North BaltimOrc A venue from the semi delllcbed dwelling house numbered 104 North Baltimore A venue; thence Ihl'Ollgh the center line Of S . partition wall and beyond in an Easterly dilection a dislalJ.a: of 147 feet more or leo,to an iron pin I line of land now or formerly of Q. D. Realty Company; tbenee along said line of land now or formerl ofQ.D. Realty Company in a Southerly direction a dlSlance of 17.8 feet 10 a SUlke on the Northern r nf said 15 tcet wide Harman Alley; thence in a Westerly direction along lhe Northero line of .aid I feet wide Harman Alley a distallCt: of 147 feet to a poinl on the Eastern side of North Ba][irnOI Avenue. at IlIc Place of Beginning. TITLE TO Si\ID PREMISES IS VESTED IN Randy J.. McCoy by Deed from Ranay L. Mc<.;oy and ROX1lllIle Dennis. McCoy, his wife dated 3118/1988 and recorded 4/2111988 in Deed Book 33-H Page 228. Tax Parcel #23-32-2336-243 WRIT OF EXECUTION andlor ATTACHMENT .r COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-3504 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest aud costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (5) From RANDY L MCCOY (1) You are directed to levy upou the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defeudaut(s) uot levied upou in the possessiou of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) au attachment has beeu issued: (b) the garnishee(s) is enjoined from payiug auy debt to or for the accooot of the defendant (s) and from delivering auy property of the defendan (s) or otherwise disposiug thereof: (3) If property of the defeudaut(s) uot levied upon au snbject to attachment is foood iu the possession of anyoue other than a uamed garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $81,945.76 L.L. $.50 Interest FROM 911104-12/8/04 (PER DIEM - $13.47) -- $1,333.53 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $115.18 Other Costs Plaintiff Paid Date: SEPTEMBER 1, 2004 CURTIS R. LONG (Seal) Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19/03-1814 Attorney for: PLAINTIFF Telephoue: 215-563-7000 Supreme Court ID No. 12248 Real Estate Sale #33 On September 0 l, 2004 the Sheriff levied upon the defendant's interest in the real property situated in Mt. Holly Springs Borough, Cumberland County, P A Known and numbered as 102 North Baltimore Ave., Mt. Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 0 l, 2004 By: J ~ dttkd Real EstaM? Deputy (' 1/ I':"" J .),.,.:J I':'" C:::j ~.;.;) .::tLi'ik..: _~ : I ,.1 ~ ~ ~ ~ ,'f REAL ESTATE SALE No. 33 Writ No. 2OO4-3S04 CivilTenn Mortgage Electronic RegIstration Systems,lnc. . Vs Randy L MCCoy Ally: Frank Fedennan DESCRIfTION AIL that certain = of land with the improvements ~ erectec;l situate in the Borough of Mount Holly Spong" Cumberland County, Pennsylvania, more particularly bounded and described as follow.: BEGINNING at a point at the intmection of the Eastern side of NoI1h Baltimore Avenue with the Northem side of 15 feet wide Hannan Alley; thence in a NoI1herly direction along the Eastern side of said North Baltimore Avenue, a distanCe of 16.5 feet to a point in the center of the partition wall separating the semi-detached dwelling house numbered 102 North Baltimore Avenue from the semi-delached dwelling house numbered 104 NoI1hBaltimore Avenue; thence through the center line of said partition wall and beyond in an Easterly direction a distance of 147 feet more or Ies. to' an iron pin in line of land now or formerly of Q.D. Realty Company; thence along said line of land now or formerly of Q.D. Realty Company in a Southerly direction a distance of 17.8 feet to a stalte on the NortheIIlline of .aid 15-feet-wide Hannan Alley; thence in a Westerly direction along the Nonhero line of said l5-feet-wide Hannan Alley a distance of 147 feet to a point on the Eastern side ofNOIth BaltimoreAvemle, at the Place of BEGINNING. HAVING thereon erecred the Southem one-balf of a double two and one-balf story frame and brick dwelling house, kn~ as and numbered 102 NOIth Baltimore Avenue. TITIE TO SAID PREMISES is vested in Randy L McCoy by Deed from Randy L. McCoy and Roxanne Dennise McCoy, hi.< wife. dated 3/181 1988 and recorded 4121/1988 in Deed Book 33-H Fage228. TAX PARCEL #23-32-2336-243. . REAL ESTATE SALE NO. 33 Writ No. 2004-3504 Civil Mortgage Electronic Registration Systems, Inc. vs. Randy L. McCoy Atty.: Frank Federman ALL that certain tract ofland with the improvements thereon erected situate in the Borough of Mount Hol- ly Springs. Cumberland County, Pennsylvania. more particularly bounded and described as follows: BEGINNING at a point at the in- tersection of the Eastern side of North Baltimore Avenue with the Northern side of 15 feet wide Hannan Alley: thence in a Northerly direction along the Eastern side of said North Baltimore Avenue, a distance of 16.5 feet to a point in the center of the partition waIl separating the semi- detached dwelling house numbered 102 North Baltimore Avenue from the semi-detached dwelling house numbered 104 North Baltimore Av- enue: thence through the center line of said partition wall and beyond in an Easterly direction a distance of 147 feet more or less to an iron pin in line of land now or formerly of g.D. Realty Company: thence along said line of land now or formerly of g.D. Realty Company in a South- erly direction a distance of 17.8 feet to a stake on the Northern line of said 15 feet wide Harman Alley; thence in a Westerly direction along the Northern line of said 15 feet wide Harman Alley a distance of 147 feet to a point on the Eastern side of North Baltimore Avenue. at the Place of Beginning. HAVING thereon erected the Southern one-half of a double two and one-half story frame and brick dwelling house, known as and num- bered 102 North Baltimore Avenue. TITLE TO SAlD PREMISES IS VESTED IN Randy L. McCoy by Deed from Randy L. McCoy and Roxanne Dennise McCoy. his wife dated 3/ 18/1988 and recorded 4/21/1988 in Deed Book 33-H Page 228. Tax Parcel #23-32-2336-243. . ~ " '.. 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 1 ws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Set, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-New and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, 'n the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established Ma ch 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 p lished in their regular daily and/or Sunday/ Metro editions which appeared on the 19th and 26th day(s) of October nd the 2nd day(s) of November 2004. That neither he nor said Company is interested in the subject matter of said rinted notice or advertising, and that all of the allegations of this statement as to the time, place and character of p blication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to ve ify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously p ssed and adopted severally by the stockholders and board of directors of the said Company and subsequently dul recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Boo Volume 14, Page 317. COpy S ALE #33 .D. PUBLICATION lm m 1m IV! lJ l!l tl IS IS ~ AIL tbat certain tract of land with the B improvements ~ erecred situate in the ! Borough of Mount Holly Springs, Cmnberland ) County, Pennsylvania, more panicuIarly bounded [ and described as follows: BEGINNING at a point at the intersection of the Eastern side of North Bal1imore Avenue with the Nortbcm side of 15 feet wide Hannan Alley; thence in a Northerly direction along the Eastern side of said North Baltimore Avenue, a distance of 165 feet to a point in the center of the paniJion wall separating the semi-iletached dwelling house numbererll02 North Baltimore Avenue from the lblisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circuiation, hereby'acKnowledge receipt of the aforesaid notice and publication costs and certifies that the sa been duly paid. REAL ESTATE SALE No. 33 Writ No. 2004-3504 CIvIITenn MO;}ElecIronlc ReglstratlO ~sterns, Inc. Ran McCoy Atty: Fra k Federman DESCRIPTION UBLIC n expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 270.97 Publisher's Receipt for Advertising Cost e have By...................................................... ............. './ 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 afl 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, VIZ: 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 statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 33 Writ No. 2004-3504 Civil Mortgage Electronic Registration Systems, Inc. vs. Randy L. McCoy Atty.: Frank Federman ~L that certain tract ofland with ~e Im~rovements thereon erected SItuate In the Borough of Mount Hol- ly Springs, Cumberland County Pennsylvania, more partiCular]; bounded and described as follows' BEGINNING at a point at the in~ tersection of the Eastern side of North Baltimore Avenue with th Northern side of 15 feet wide Ha~ Alley; thence in a Northerly direction alon.g the Eastern side of said North Baltimore Avenue, a distance of 16.5 feet to a point in the center of th partition wall separating the semi~ detached dwellinl! house numbered SWORN TO AND SUBSCRIBED before me t IS 22 day of OCTOBER 2004 L SEAL LOIS E. SNYDER, Notary Public Carlisle Bora, Cumberland County My Commission Expires March 5, 2005