HomeMy WebLinkAbout04-5157
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
v.
Eric W. LeMay, Kristy M. LeMay, Mallyna
Ihabi and Mouhcine Ihabi,
Defendants.
CERTIFICATE OF LOCATION
I hereby certify that the location of the
real estate affected by this lien is:
Township of Southampton
County of Cumberland
333 Walnut Dale Road
Shippensburg, Pennsylvania 17257
Parcel Number 39-13-0106-101
By:
~ ----
Erin P. Dyer
Attorney for Plaintiff
CIVIL DIVISION
No. 04 - 6/S7
C,-u~L~ €Arv)
Complaint in Civil Action
In Mortgage Foreclosure
Filed on Behalf of the Plaintiff:
Green Tree Consumer Discount
Company
Counsel of Record for This Party:
Erin P. Dyer, Esquire
PA 10 Number: 52748
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
CIVIL DIVISION
Plaintiff,
)
)
)
)
)
)
)
)
)
No.
v.
Eric W. LeMay, Kristy M. LeMay,
Mallyna Ihabi and Mouhcine Ihabi,
Complaint in Civil Action
In Mortgage Foreclosure
Defendants.
NOTICE
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS
NOTICE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A
DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this Complaint and
notice are served, by entering a written appearance personally or by attorney and filing in
writing with the court your defenses or objections to the claims set forth against you. You
are warned that if you fail to do so the case may proceed without you and a judgment may
be entered against you by the court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the Plaintiff. You may lose money
or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
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.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
v.
Eric W. LeMay, Kristy M. LeMay,
Mallyna Ihabi and Mouhcine Ihabi,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No. 04 - 5157
Clol't~
THIS FIRM IS A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT AND
ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE, IF YOU HAVE
PREVIOUSLY RECEIVED ADISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT
REAFFIRMED, THIS NOTICE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT
ONLY ENFORCEMENT OF A LIEN
AGAINST PROPERTY.
COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW, comes the Plaintiff, Green Tree Consumer Discount Company, by and
through its Attorney, Erin P. Dyer, and files this Complaint in Mortgage Foreclosure and in
support thereof avers as follows:
1. Plaintiff, Green Tree Consumer Discount Company, ("Green Tree"), is a
corporation duly authorized to conduct business in the Commonwealth of Pennsylvania
and has a principal place of business located at Stonewood Commons III, 105 Bradford
Road, Suite 200, Wexford, Pennsylvania 15090.
2. Eric W. LeMay and Kristy M. LeMay, ("Mortgagors"), are adult individuals
whose last known address is 8057 Roxbury Road, Shippensburg, Pennsylvania 17257.
3. Mallyna Ihabi and Mouhcine Ihabi, ("Tax Sale Purchasers"), are adult
individuals whose last known addresses are 72 Winchester Gardens, Carlisle,
Pennsylvania 17013 and 4214 Nantucket Drive, Mechanicsburg, Pennsylvania 17050,
respectively.
4, Mortgagors and Tax Sale Purchasers shall be referred to jointly as
Defendants where applicable.
5. On or about June 28, 1995, in consideration of a loan in the amount of
$47,626.45, the said Mortgagors executed and delivered a Note (the "Note") payable to
Green Tree Consumer Discount Company, (the "Mortgagee.") A copy of the Note is
attached hereto and marked Exhibit "A"
6. On June 28, 1995, contemporaneously with the execution of the Note and
in order to secure payment of the same, Mortgagors executed and delivered to Mortgagee,
a certain real estate mortgage (the "Mortgage") which is recorded in the Recorder of Deeds
Office of this County in Mortgage Book Volume 1276 at Page 402, conveying to Mortgagee
a first lien on the subject premises. A copy of the Mortgage is attached hereto and marked
as Exhibit "B."
7. Neither the Note nor the Mortgage have been assigned.
8. The land subject to the Mortgage is located in the Township of Southampton,
County of Cumberland and Commonwealth of Pennsylvania at 333 Walnut Dale Road,
Shippensburg 17257, being identified as Parcel Number 39-13-0106-101, and more
particularly described in a Deed which is recorded in the said Recorder of Deeds Office in
Deed Book Volume 126 at Page 590.
9. The Mortgage is in default due to the fact that Mortgagors have failed to pay
the installment due on January 1, 2004 and have continued in default since that date,
despite demand being made for cure of the outstanding arrearages.
10. The notice required by the Homeowners' Emergency Mortgage Assistance
Act, Act 91, 35 P.S. Section1680.401c, et seq. was mailed to Defendants on
February 23, 2004. A copy of the Notice is attached hereto and marked as Exhibit "C."
11. Mortgagors failed to meet with the mortgagee or an approved consumer
credit counseling agency within the period specified.
12. On September 24, 2004, the Cumberland County Tax Claim Bureau held an
Upset Tax Sale for the property to collect delinquent real estate taxes. The property was
sold to the Tax Sale Purchasers.
13. Plaintiff did not receive notice of the Upset Tax Sale.
14. The Upset Tax Sale did not sever Plaintiffs lien and the property was sold
subject to Plaintiff's Mortgage.
15. At the time of filing the present action, no deed conveying the property from
the Cumberland County Tax Claim Bureau to the Tax Sale Purchasers has been recorded.
16. Mortgagors are the current title owners of record for the property and the
Tax Sale Purchasers have an equitable interest in the property subject to Plaintiffs
Mortgage.
17. As of October 1,2004, the Mortgage is in arrears in the amountof$1 ,438.84.
18. Green Tree elects under the acceleration terms of the Mortgage instrument
to declare the entire balance (interest, principal, costs, and attorneys' fees provided for
under the terms of the Note) due and payable immediately.
19. The following amounts are due on the Mortgage:
Principal balance as of October 1, 2004
Accrued Interest
Insurance
Deferred Amount
Late Charges
$37,005.86
593.53
800.39
312.41
52.02
Total as of October 1,2004
$38,764.21
Together with interest at the rate of 10.03% after October 1, 2004 and other charges,
costs, and attorneys' fees to date of Sheriff's Sale.
20. No judgment has been entered upon said Mortgage in any jurisdiction.
21. Defendants are not members of the Armed Forces of the United States of
America, nor engaged in any way which would bring them within the Soldiers and Sailors
Relief Act of 1940, as amended.
WHEREFORE, Plaintiff prays that this Honorable Court enter judgment in mortgage
foreclosure against all Defendants for the aforementioned total amount due of $38, 764.21
with interest at the rate of 10.03%, together with other charges, attorneys' fees and costs
including escrow advances incidental thereto to the date of Sheriff's Sale and for
foreclosure and sale of the property within described.
~~
Erin P. Dyer, Esquire
PA 10 Number: 52748
Attorney for Plaintiff
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
-.....
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L\Green Tree\Lemay, Kristy & Eric\CM Mortgage Foreclosure.wpd
VERIFICATION
Carmine M. Amelio, Regional Manager and duly authorized representative of
Green Tree Consumer Discount Company, deposes and says subject to the
penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities
that the facts set forth in the foregoing are true and correct to the best of his ,
knowledge, information and belief.
GREEN TREE CONSUMER DISCOUNT COMPANY
4pJ/C;;/t~ '
/C~;';;ine M. Amelio, Regional Manager
/
L:\Green Tree\GeneraJ\Verification.Amerio.wpd
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.AGREE"ENTANDDISCLOSURESTATEMENT(CONV.~FHA.VAt l)aW, -&1.'1S DI~~~t. 6/28/95
................ 73418313
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PERCENTAGE CHARGE Fln.need Payments g:eHon=tediL'~
RATE rn-dolMr_nllh. {The~olcredllpro. {Thtllm'lUllIlwlBhIovepaid rnydownpaymoontol
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NOTICE TO MAKER($): 1. DO NOT SIGN THIS PROMISSORY NOTE AND SECURITY 'AGREEMENT BEFORE
YOU READ IT OR IF IT CONTAINS ANY Bl-ANK SPACES. 2. YOU ARE ENTITlED TO A COpy OF THIS
PROMISSORY NOTE AND SECURITY AGREEMENT,
MAKER ACKNOWLEDGES RECEIPT OF A COMPlEUO COpy OF THIS
PROMISSORY NOTE AND SECURITY AGREEMENT.
CAUTION .IT IS IMPORTANT THAT YOU THOROUGHLY READ THE CONTRACT BEFORE YOU SIGN IT.
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EXHIBIT "A"
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COJlSl1IIER DISCOUIiT cOMPANY
300 WEYHAIl PLAZA SUITE 480
PITTSBURGH PA 15236
KRIST! M. LEMA'!
ERIC W. LEMAY
129 Ill!AIlOW DR
SHIPP_BURG
PA 17251
~c.,l()l')
RlIeelvad
D.....
Oillclowr'
A..l.In*lDate
otCloti/'llil
Dateot
OltllVllry
5/10/95
5/10/95
7/09/95
5/10/95
LENDER'S NAME AND ADDRESS
APPLICANT'S NAME AND CURRENT ADDRESS
By ~M.-IJ DlnPerton
TRUTH-IN.LE'NOINeJ DISCLOSURES
~YOu' MEANS THE BORROWEIl AND ~I' MEANS THE lENDER
You h.w submitted a written appUcatlon for a residential mortgage Io.n to be l.cul1ld by ,.,1 DllltatD located at
Pursuant to I.w, we I,. provldin; you with .IIn estimate of the Cll'U and terms of thl, proposed credit unclei' the Truth.in-lending Act. ThIlIJO dilClo'U/lIII .,. not an
approval of your application for credit end do not conlrtltute an agr..mant to lend you the money you requeat on the tarm. atated on tll10 lonn. W. mllY &tin deny your
application entfNly, 01 ott.r you credit on terme different from thou stilted on thl. form.
',.--:-
ANNUAL PERCENTAGE RATE
The cort of your credit as
~ yeatfyrate.
10.02697
J.
I AMOUNT FINANCED
Tho (propo..d) amount of clllldit
. proVidad to you or on your behlllf.
. . 46007.00'
I TOTAL OF PAYMENTS
Th. amount you wlll have paid when
you haw m.de all 5checfU\ed payments.
. 112823.32
";''':''.-
FINANCE CHARDE
The dollar amount the
credit wiD cod: you.
61316;32
Your Payment Sc:hedula wiU be:
fI.=:r t=~'
240. 444.80
.
.
.
.
I
.
I
.
.
.
o o.mlIIrxI: 0 Thle loan will have a demand feoture. 0 Thl. loan will be payable on demand and .il dlaclolurel are bated on an a..umed maturity of ane year.
o V....b1. R.t.: Your laan contalna I Vlliriable rata futur.. Djllcla.ur.. about the varlabla rata f..tura hl"- been provldtld ta you ..rliar.
a.cum,: You wlll be IIMnll . McUrttv Intereat In; ~ (brIlf dMcrlptlo1'l of otlw prQp4lrty! FlIlna F.a.: . 43.00
f!J the goods orproparty b.1ng purch...d. 129 MEADOW VR SHIP:PENSBURG . PA 17257
o collateral llJOuring athar loanl WIth ua may al,a Neure thIs loan.
o your depostt acwunu and other rillhla you may haw. to tho payment af money from u..
[J LeteChargl:lfapaymentlalatayouwillbach.llI;d $ S.OO OR 2.00 % of the payment. whichever is LESS
o RaqwNd n.potlft: The annual percentllge rato doe. not take Into account YtHIr N1qulntd dapoait.
Pnrpa,mant: If you payoff thie loan earry. you 0 may f!] will not have to pay penalty.
[!] may 0 wIll not b. ent/tied to a refund of part of the flflanee ehCll'g"
A..umptlon; Someone buyln; your houae ~ may. .ubJect: to cOJ'Klition.. be allowed to 0 cannot a..ume th. remainder of the mortlllellle on the orlglnll terml,
All numeric" dl.c!olu.... are e.tlmma (except I.
You c;.an .Ie. your contraet documlll1b for ClnV additiol'lal inform-tion about nonp.-ymlnt, deflult. any r.quirad rlPlVmont bIIfor. Ihl JJChedultd dati, and. prepl'(mlnt rlfund. Ind Plna/ti...
When P'YrTWnta Will S. Due
Monthly Beginning Approximauly 30 Days From Closing.
INSURANCE ~ Cntdit Uf. Ineutanee and cntdit dl.ability inluranc. .... not requIred
to obtain credn. and will not be proVfd.d IInl... you IIlan I_ S.plfeto form) and
agree to pav thlt .ddltfonal colrt.. The COlt of credit Inluranee on the loan
dlsclOled abow 1_:
Type Premium Term
Cr~ life NONE
Ctodlt DI,abillty NONE
Joil'\t Cr1lIdit \..ifa NONE
PROPERTY INSURANCE . You may obtain property tn.urance from Anyon. you
want that r. acceptable to 1.1.. If vou Qllt the In.uraneo from Of throuQ" UI you will
p"
. .00 for 012 MONTHS of coverage..
FLOOD INSURANCE: Flood inlurance 0 ,. 0 is not I1lqull'lld. You mav obtaln
required flood in.uranoa from anvone you want that I. acceptable ta u.. If you vet
the lnlurance from or though u. you win pay
. III A for HI A of COWl,aue..
. A'lurn.. property h., Insurable value gf ..
49900.00
BY SIGNlNG BElOW, APPlICANT/SI ACKNOWLEDGE RECEIPT OF A COPY OF nus DISCLOSURE ON THE DATE OF DELIVERY INDICATED ABOVE.
x C-z Jt/.:X:/~~.-~~:
ERIC t:~y /'
Clll1Sl2Saokerl Sv-t_. Inc., St.. Cloud. MN (,-800.3111.23411 Form TL-EARLY
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11/18/&:l
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lSpa _1\llt lint For R.....nng 1lttI}
MORTGAGE
TInS MORTGAGE ("Security Instnunent") is ~ on -JTlJIw. 'R
19 !IS . The grantor is FQJ:I" W. r.F'.MAV ms.rv M. r.F'MAV
("Baauwer"). This Security InsllUmenl is given to
GREI;:N TREE CONSUMER DISCCXINT COOPANl( . wlIiclt is organized and existing
WIder the laws of PENNSn VANIA , and whose address is.
~ PLAZA SUITE 480 PI'l'rSBtJRCH PA 15236 C"Under").
Bonower owes Lender the principal sum of FORTY SEVEN T!IOOSAND SIX IlUNDRBD ~ SIX 1IND 45/100
DoHars (U.S. $ _47626 "45 __). This debl is evidenced by Bonower~ note
dated Ibe same dale at this Security \nsrzumenl ("Note"" which provides for monthly paymelllS, wilh the fun debI, if not paid
earner, due and payable on-ApcroldmatEl1 Y 240 IIlOIlthS fran disbursement date
1bis Security lnstturnenl ~ to Lender. Ca, the repaymenl of the debt evidenced by the Note. with interes~ and aU renewals,
extensions and mocliflcations of the Note; (b) the p.ymenl of aU other sums, with in_~ advanced under pamgraph 710 protect
the ....urity of this Security 1nsrrumen~ and (c) the performance of Bonowcr's covenanlS and agrtelllenls under Ibis Security
Inslrumet.t and the Note. For this purpose, Borrower irrevocably granlS and conveys 10 llustee, in lnIS~ with power of sale; the
fonoWing described property localed in CUI1BmLAND C"m1Dly.F\mnsyIvania:
All of the property located at 333 WALNUT DALE ROAD, in the
City/Town!village of Ship~nsburg, County of CUaber1and,
State of PA, in which the Borrower has an ownership, leasehold or other
legal interest" 111is property is more particularly described on the schedule titled
"Additional property Description" which is attached hereto as Exhibit A"
1'OGETHBll W1'l'H a security interest in that certain 1988, 72 X 14
AMliUR.sT mobile hOllIe, serial number 01227850. - - -
The Borrower does hereby authorize the Lender or its assigns to obtain a
more detailed property description after the Borrower has signed the Mortgage,
and to attach exhibit A after the Borrower has signed the Mortgage.
which has lhe address oJ 333 WALNUT DALE ROllI> SflIPPENSBlJRG
. (Stntt) cC:lIJ)
PelU1sylvania
17257
(Zip Code)
C"Propeny Addres.~);
TOGE'lHER WlTIf aU the improvements now or herea/ler erecled on the property, and aU easements. .ppunenances,
and futlUtes now or hereafter a pan of lbe property. All ~placen1eplS and additions sbaU also be covered by this Security
InslrUtnenl. AU of the foregoing is refened to ill this Security lnsrrumePt as the "PiDpeny."
BORROWER COVENAN1':s that 1lOITOwer is lawfuUy seised of the eat.ote hereby conveyed and has the right 10 pant
and convey Ibe Propeny and thst !he Propeny is unencumbe1ed, except for encumbnnces of rtconl. Borrower wananlS and will
defend generaUy the tide ro the fl'operty a&ainst aU claims and demands. subject 10 any encumbl1ll1ces of reconl.
PENNSYLVANIA" ~Famiy'FIIl""Mll/FredclIs Msc UNIFORM IHSTRUMEIIT
GT.1103f.OO1 (~1001P'e:
F<<m 3lI39 em (page r of 6 pages)
. ."
I
EXHIBIT "B"
'7" [1.'/'>.' '''-7.!.
'7 11/./ / //
.'
THIS SECURITY INSTRUMENT combines unifonn COY.lUllIts for national us. and non.uniform COY.lUllIts with limited
variations by jurisdiction to constitut. a unifono security instrUment covering real propeny.
UNIFORM COVENANTS. Borrower and Lend.r coy.nant and agree as follows:
I. Payment of PrIncipal and Interest; Prepayment and Late Charges. Borrow.r shall promptly pay wh.n due
the principal of and int.r.st on the debt .yidenc.d by the Not. and any pr.paym.nt and lale charges due und.r the Not..
2. Funds for Taxes and Jmurance. Subject to applicable law or 10 a written waiy.r by Lendcr, Borrow.r shall
pay to Lend.r on the day montlt1y paym.nts arc due under the Not., until the Note is paid in fuJJ, a sum ("Funds") for:
(a) y.arly tax.s and ass.ssm.nts which may attain priority over this S.curity InstrUm.nt as a Ii.n on the Propeny; (b) yearly
I.as.hold payments or ground rents on the Propeny, if any; (c) yearly hazard or propcny insuranc. premiums; (d) yearly
flood insurance pr.miulllS, if any; (.) yearly mortgage insurance premiulllS, if any; and <0 any sums payable by Borrow.r
10 Lender, in accordanc. with the provisions of paragraph 8, in li.u ofth. paym.nt of mort gag. insurance premiulllS. Th.s.
items arc called . 'Escrow Items. o. Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum
amount a I.nd.r for a f.derally r.lated mortgage loan may require for Borrowcr's escrow account und.r the f.d.ral R.a1
Estat. Settlem.nt Proc.dures Act of 1974 as am.nded from lime to lim., 12 U.S.C. I 2601 or uq. ("RESPA "). unl.ss
anoth.r law that applies to the Fund$ sets a lesscr amount. If so, Lender may, at any lim., coU.ct and hold Funds in an
amount not to' .xceed the I....r amount. Lendcr may .stimate the amount of funds duc on thc basis of curr.nt data and
reasonable .slimates of .xpenditur.s of future Escrow It.ms or oth.rwise in accordancc with appUcabl. law.
Th. Funds shall be held in an Institution whose d.posits are insured by a federal ag.ncy, instrumentality, or .ntity
(including L.nder. if Lend.r is such an institution) or in any Fed.ra1 Hom. Loan Bank. Lender shall apply the Funds to
pay the Escrow Items. L.nder may not charge Borrower for holding and applying the Funds, aDDually analyzing the escrow
account. or v.rifying the Escrow It.ms, unless Lender pays Borrow.r int.rest on the Funds and applicabl.law permits Lend.r
to make such a charg.. Howcv.r, Lend.r may require Borrower to pay a on..tim. charg. for an ind.pend.nt real estate
tal< reporting se",ic. used by lender in conne<:tion with this loan, unless applicabl.law provides otherwise. Unl... an agreement
is mad. or applicab/. law r.quires int.r.st to be paid, Lend.r shall nOl be r.quired to pay Borrower any interest or .arnings
, on the Funds. Borrow.r and Lend.r may agree in writing, how.v.r, that int.rest shall be paid on the Fund$. Lender shall
give 10 Borrower, withoul charg.. an annual accounling of thc Funds, showing cr.dits and d.bits 10 lhc FundJ and the porpose
for which .ach d.bilto the Funds was made. Thc Funds are pledg.d u additional security for all sums secured by lhis Security
Instrument.
If the Funds held by Lend.r .xceed the amounts pennitted 10 be h.ld by applicabl. law, Lender shall account to Borrow.r
for the .xcesS Funds in aocordance with the requir.m.nts of applicablc law. If the amount of the Funds hcld by Lend.r at
. any lime is not surfici.ntto pay the Escrow n.ms wh.n duc, Lender may so notify Borrow.r in writirig, and. in such case
Borrow.r shall pay to L.nder the amount necessary to make up the deficiency. Borrow.r shall make up the deficiency in
no more than twelve monthly payments. at Lender's sole discretion.
Upon paym.nl in full of all SUIllS s.cur.d by this Security Instrum.nt, Lend.r shall promptly refund to Borrower
any Funds held by Lend.r. If. under paragraph 21, Lend.r shall acquire or sellth. Property, Lendcr, prior to the acquisition
or sale of the Prol"'ny, shall apply any Funds h.ld by Lend.r at the time of acquisition or salc as a credit against thc sums
secured by this S.curily InstrUm.nt.
J. Application of Parmenb. UnI.ss applicable law provides otherwise, all payments rec.ived by Lend.r und.r
pangraphs I and 2 shall be applied: first, 10 any pr.paym.nt charges due und.r the Note; second, to amounts payable und.r
paragraph 2: third. to inl.r.sl du.: fourth, 10 principal du.; and last, to any laiC charg.s due under the Not..
4. Charges: Llem. Borrow.r shall pay aU tal<.s. assessm.nts, charges. lines and impositions attributable to the
Propeny which may attain priority ovcr this Security Instrument, and leasehold paym.nts or ground rents, if any. Borrow.r
shall pay th.se obligations in the mArlncr provid.d in paragraph 2, or if not paid in that manner, Borrow.r shall pay th.m
on time dircctly to the person owed paym.nt. Borrow.r shall promptly furnish to Lend.r all nOlices of amounbto be paid
under this paragraph. If Borrow.r makes these paym.nts dire<:tly, Borrow.r sha1I promptly furnish to Lender .....ipts evidencing
the paymcnts.
Borrow.r shall promptly discharg. any Ii.n which has priority ov.r this S.curity Instrum.nt unless Borrowcr: (a)
agrees in wriling to the payment of the obligation secured by the Ii.n in a manner acc.ptabl. to Lend.r; (b) conlests in good
faith th. Ii.n by, or def.nds against .nforc.ment of th.n.n in, legal proceedings which in the Lend.r's opinion operate to
prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subor-
dinating the lien to this Security Instrument. If Lender dctermines that any pan: of the Property is subject to a lien which
may anain priority over this Security Instrument. Lender may give Borrower a notice identifying the lien. Borrower sball
satisfy the Ii.n or take on. or mote of lb. actions set forth above within 10 days of the giving of notice.
5. Hazard or Property Insurance. Borrower shall kc.p lbe improv.ments now .xisting or her.after .rected on
the Propeny insured against loss by fire, hazards included withi,; the t.no "cxt.nded coyerage" and any other hazards,
including floods or flooding, for which Lender requires insurance. This insurance shall be mainwtted in the amounts and
Fann _ InIll (pa,. 2 Df 6 pD,,,)
~3 i/ I 5:P~:
i'
for the periods that Lend.r r.quires. The insurance carri.r providing the inswanc. shall be chosen by Borrower subjed to
Lender's approval which shall not be unreasonably withheJd.lfBorrow.r fails to maintain coverage described abov., Lender.
may. at Lender's option, obtain coverage to protect Lender'. rights in the Property in accordance with paragraph 7.
All insuranc. policies and renewal. shall be acceptable 10 Lender and .hall include a standard mortgage clause. Lender
shall bave the right to hold the policies and renewals. If Lender require.. Borrower shall promplly give to Lender all receipts
or paid premiums and renewal notices. In the eVent of Jossl Borrower shall give prompt nOlice to the insurance carrier and
Lender. Lender may make proof of loss if not mad. promplly by Borrow.r.
Unless Lender and Borrower otherwise agree in writing. insuranc. proceeds shall be applied to restoration or repair
of 1I1e Property damaged, if the restoration or repair is economically feasible and Lender's security i. not I.ssened. If 1I1e
restoration or repair is not economically feasibl. or Lend.r's securiry would be I.ssened, the insurance proceeds shall be
applied to the sums secured by this Security InstrUmeot, whe1l1er or n0l1l1en due, with any excess paid to Borrow.r. If Borrower
abandons the Property. or does not answer within 30 days a notice from Lender that the insurance carri.r has offered to
selll. a claim, 1I1en Lender may coll~ the insuranc. proceeds. Lender may Use the proceeds 10 repair or resrore the Property
or to pay sums secured by this Security Instrum.nt, whc1l1er or not then due. Th. 3Cl-day period will begin when the notic.
JS given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shaJl not extend
or postpone the due date of the monthly payments referred to in paragraphs I and 1 or chang. 111. amount of the payments.
If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insuranc. policies and proceeds resulling
from damage to the Property prior to the acquisition .hall pass to Lender 10 the extent of the sums secured by ihis Security
Instrument immediately prior to the acquisition.
6. OcCUpllDty, Presel'1'alion, Maint.uanc. lUld Protection of the Propeny; Borro...r', Loan Applicatlon;
Leaseholds. Borrower sha1I occupy, establish, and use the Property as Borrow.r', principal residence within sixty days
after the executioo of this Security Instrumenl and shall cootinue to oc<:upy the Propeny as Borrower's principal residence
for atlea., one year after the dal. of occupancy, unl... Lend.r otherwise agrees in wrilin~, which consent shall not be
unreasonably withheld, or unless extenuating circumstaoce. exisl which are beyond Borrower's control. Borrow.r shaJl nO!
destroy, damage or impair the Propeny, allow Ibe Property 10 deteriorate, or commit waste on the Property. Borrower shall
be in default if any forfeiture action or proceeding, wh.ther civil or criminal. is begun that in Lend.r'. good faith judgment ,
could result in forfeitUre of the Propeny or oth.rwise materially impair the lien created by this Securiry InSltUmenlOr Lender's
securilY interest. Borrower may cure such a default and reinstat., as provided in paragraph IS" by causing lb. action or
proceedios la be dismissed with a ruling that, in Lender's good fai1l1 determination, precludes forf.iture of the Borrower's
inrerest in the Property or oth.r material impairment of the li.n created by this Security Instrument or Lend.r's security
interest. Borrowcrshall also be in default ifSorrower. during the loan application process, gave materially false or inaccurate
information or statements to Lcnder"(or failed to provide Lender with any material information) in connection with the Joan
evid.nced by the NOI., including, but not limited to, r.presenwions conc.rning Borrow.r's occupancy of the Property as
a principal resid.nce. If this Securiry Instrument is on a leasehold, Borrower shall comply with all the provisions of th.I.....
If Borrower acquires fee tille 10 Ibe Property, 1I1e leasehold and the fe. titl. shall nor merge unless Lender agrees 10 the
merger in writing.
7. Prolection of Lender', Righls in the Property. If Borrow.r fails .0 perform the covenants and agreements
contained In this Security Instrumenl, or there is a legal proceeding that may significantly affect Lender'. rights in the Property
(such as a proceeding in bankruptcy. probate. for condemnation or forfeiture or to enforce laws or regulations), lhc:n Lender
may do and pay far whatever is necessary to protecl the value ofth. Property and Lender's rights in the Propeny. Lend.r',
actions may include paying any sums secured by a lien which has prioriry oVer this Security Inslrument. appearing in court,
paying reasonable anomeys' fees and .nt.rmg on the Property to make repairs. A1thouah Lender may take action und.r
lhis paragraph 7, Lend.r does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall becom. additional debt of Borrower secured by Ibis
Security Instrument. Unle.. Borrower and Lender agree to other t.rms of payment. thes. amounts shall bear interest from
the dale or disbursement .at lhe Note rate and shall be paYAble, with inlcresl, upon notice (rom Lender to Borrower requesting,
payment.
8. Mortgage Insurance. If Lender required mortgage insuranc. as a condition of maldng the loan secured by 1I1is
Security Instrument. Borrower shall pay the pr.miums required to maintain the mortgage insuraoce in .ffect. If, for any
reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrow.r shall pay lb. pr.miums
required to obtain covcrage substantially equivalent to thc mongaac insur&l1ce prcviously in effect, at a cost substantially
equivaJenllo the cost to Borrower of the mortgage insurance previously in effect. from an alternate mortgage insurer approved
by Lender. If substantially equival.nt mortgage insurance coverage is not available, Borrower shall pay to Lender each month
a sum equal .0 one~lwclfth of Ute yearly mortgage insurance premium being paid by Borrower when the insurance coverl'c
lapsed or ceased 10 be in effect. Lender will. accept, Use and retain the.. paym.nts as a loss reserve in lieu of mortgage
insurance. Loss reserve payrnc:nts may no longer be required, at the oplion of Lender. if mongage insurance coverage (in
the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available
form _ 119II _ J C/ 6 pa,")
J
7. ) L!'Ji,j'7~ co
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and is obrained. Borrow.r sball pay the premiultlS required 10 maintain mongage insurance in .ffect, or 10 provide a 10iS
r.serv., unlil the rcquirun.nl for mortgage insurance .nds in accordance wilb any written agreement betw.en Borrow.r
and Lender or applicable law,
9. Inspe<:linn. Lender or ilS agent may make reasonable entri.s upon and inspeclions of th. Property. Lend.r shall
give Borrow.r nOlic. allb. lime of or prior 10 an inspeclion specifying reasonable caus. for the inspection.
10. Condemnation. The proceeds of any award or claim'for damages, direct or consequenlial, in conn.ction wilh
any cond.mnation or OIh.r taldng of any part of rhe Property, or for conv.yance in Ji.u of cond.mnation, are h.r.by assigned
and shall be paid 10 Lender. .
In the .v... of a lOll! taking of the Property, th. proceeds shall be applied to the sums se<:ured by this Security Instrwnenl.
whether or nol then du., with any ....ss paid to Borrow.r. In th. .vent of a partial taking of rh. Property in which lb.
fair mark.t valu. of rh. Property immedialely before the taking is equal 10 or sreatcr rhan Ihe amount of the sums secured
by this Security Instrum.nl immedialely before lb. raldng, unless Borrow.r and Lend.r otherwise agree in writing. the sums
secured by Ibis S.curity Instrume.. shall be reduced by the amount of the proceeds multiplied by lb. following fraction:
<a) the toll! amount of the sums secured immedialely before the taking, divided by (b) the fair mark.t valu. of lb. Property
immedialely before the taking. Any balance shall be paid to Borrower. In the event of a partialtaldng of the Property in
which rh. fair markel value of the Propeny immediately before rh. taking is l.ss Iban th. amount of lb. sums scoured im-
mediat.ly before the taking, unl.ss Borrower and Lend.r oth.rwis. agree in writing or unless applicabl. law olh.rwis. pro-
vides. lb. proceeds shall be applied to Ihe sums secured by this S.curity Instrument whether or not the sums are th.n due,
If Ibe Property is abandoned by Borrower. or if, aft.r notic. by Lend.r to Borrow.r thaI the cond.mnor offers to
make an award or s.nle a claim for damag.s, Borrower fails 10 r.spond '0 Lend.r within 30 days aft.r rh. date the notic.
is giv.n, Lender is authorized to collco. and apply the proceeds. III ilS option, eith.r 10 r.storation or r.pair of the Propeny
or to the sums secured by .his Securi.y InstrUment. whelb.r or nOI then due.
Unless Lender and Borrow.r Olherwise agree in writing, any applicalion of proceeds 10 principal shall not e'lend
or postpone the due dale of rh. monthly payments r.ferred 10 in paragraphs I and 2 or chang. the amou.. of such payments,
11. Borrower Not R.l.ased; Forbearance By Lender Not a WaIver. Extension of Ih. lime for payment or
. modification of amonization of the sums secured by this Security Instrument gramed by Lender to 'ny successor in intercsr
of Borrow.r shall nol operate to release th. liability of the original Borrow.r or Borrower's succ.ssors in imereSI. Lender
shall nOI be required 10 comm.nce proceedings against any Successor in inleres. Or refuse to e'lend time for payment or
otherwise modify amoniulIion of rhe sums secu,ed by this Security Instrument by reason of any demand made by the original
Borrower or Borrower's succ.,..ors in inleresl. Any forbearanc.by Lender in .x.rcising any right or r.medy shall not be
a waiver of or preclude rh. e..rcis. 0' any rigbt or r.medy.
IZ. Successors and Assigns Bound; JoInt and Several Llablllly; C....lgn.rs. Th. COv.nanlS and agre.m.nts of
this Securi'y Ins.rumenl shall bind and ben.fi.lb. succ.ssors and assigns of Lender and Borrower, subj.ct (0 Ihe provisions
of paragrapb J 7. Borrower's COV.nants and agr..m.nlS shall be joina and scv.raI, Any Borrow.r who co-signs Ibis S.curity
Instrument but does no.e.ecUle lb. Note: (a) is CD-signing this Security Instrument only to mortgag., grant and coov.y that
Borrow.r's int.r.st in the Property und.r the lerms of lbis SecurilY Instrument; (b) is not personally obligated 10 pay tbe
sums seeured by this Securi.y Instrument; and (c) agr.es thaI Lender and any other Borrow.r may agree 10 eXlCnd. modify.
forbear or make any accommodations with regard 10 the lerms of this Security Instrument or the Note withoutlhal Borrower"s
consenl.
13. Loan Charges. If the loao secured by Ibis S.curity Ins,rument is subject to a law which se's maximum Joan
charges, and WI Jaw is finaU)' interpreted so Iba. the inlcrcsl or other loan charses collccred or to be collecled in conncction
with th.loan exceed the permitted limits, th.n: (a) any sucb loan charge shall be reduced by rh. amounr nec.ssary '0 r.duce
the charg. to the permitted Jimir; and (b) any SUms already collect.d from Borrower wbich exceeded permitted limi.s will
be refunded to Borrow.r. Lender may choose 10 makelbis refund by reducing the principal owed under the NOI. or by making
a direct payment to Borrower. If a refund reduces principal, the reduction will be trealed as I: paniaJ prepaymenl wilhout
any prepaymenl charco under the NOI.. .
14. Notices. Any notice to Borrower provided for in this Security lnstrumem shall be given by dc:Uvering it or
by mailing it by firsr clus mail unl.ss applicabl. law requires use of anorh.r merhod. The notice shall be dircClcd 10 the
Proi'<'ny Addressor any other addrcss Borrow.r d.sicnal.s by oo,ice 10 Lend.r. Any notic. '0 Lend.r shall be given by
first class mail 10 Lender's address stated herein or any other address Lender designates by notice to Borrowcr. Any notice
provided for in this $ecuriry Instrumenl shall be deemed 10 hav. been given '0 Borrower or Lender wh.n givcn as provided
in Ibis paracraph. '
15. Gdvemlo. La...; Severability. This Securi,y Instrument shall be gov.rned by f.d.raI1aw and the law of lhe
jurisdic.ion in whieb th. Property islocared. In the .venl thaI any provision or clause of this Securiry Inslrumenr or the NOI.
confliClS with applicabl. law, such conflicl shall not affect other provisions of Ihis Securily Instrument Or the No.. which
can be giyen effect wjthout the conflicting provision. To this end the provjsions of this Security Inslrument and Ihc Note
are d.clared (0 be sev.rabl..
16. Bor.row.r'. Copy. Borrower shall be civen on. conformed copy of th. Not. and of this S.curity Inslrum.nt.
Fonn SC39 .SO (ptr,~ <4 016 pdl"}
.
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17. Transfer of the Property or a Beneficial Interest In Borrower. If all or any pan of the Propeny or any
interest in it is sold or transferred (or if a beneficial interest in Bonower is sold or transferred and Borrower i. not a natural .
person) without Lender's prior written consent. Lender may, at its option. require immediate payment in full of all sums
secured by Ibis Security Instrument. However. Ibis option shall not be e.ercised by Lender if e.ercise is prohibited by federal
law as of the date of this Security Instrument.
If Lender e.ercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period
of not Ie.. than 30 days from lite date the nOlice is delivered or mailed within which Borrower must pay all sums .ecured
by this Security Instrument. If Borrower fails to pay these sums prior to the e.pinuion of this period, Lender may invoke
any remedies pennined by this Security Instrument without further notice or demand on Borrower.
18. Borro",er's Right to ReInstate. If Borrower meets certain conditions, Borrower shall have the right to have
enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) S days (or such other period
as applicable law may specify for reinstatement) before sale of the Proper1y pursuant to any power of sale conUlined in this
Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are lhat Borrower:
(a) pays Lender all sums which then would be due under this Secority Instrument and the Note as if no acceleration had
occurred; (b) cures any default of any other covenants or agreements; (c) pays alle.penses incurred in enforcing this Security
Instrument. including, but not limited to. reasonable attorneys' fees; and (d) lakes such action as Lender may reasonably
require to assure thaI the lien of this Security Instrument. Lender's rights in the Propeny and Borrowcr's obligation to pay
the sums secured by this Security Instrument shall conlinue unchanged, Upon reinstatement by Borrower. litis Security In-
strument and the obligations secured hereby shail remain fully effective as if no acceleration had occurred. However. this
right to reinsUlte shall not apply in the case of acceleration under paragraph 17.
1'. Sale of Note; Change of Loan Senicer. The Note or a panial interest in the Note (together with this SecurilY
Instrument) may be sold one or more times without prior notice 10 Borrower. A sale may resull in a change in the entity
(known as the "Loan Servicer") that collects monthly payments due under the Note and dlis Security Instrument. There
also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan
Scrvicer, Borrowcr will be given wrinen notice of the change in accordance with paragraph 14 above and applicable law.
The notice will state die name and address of lite new Loan Servicer and the address to whleh payments should be made.
The notice will also co~tain any other information required by applicable law,
ZOo Haurdous Substan<<s. Borrower shall not cause or permit the presence, use, disposal. storagc, QJ'release
of ony' Hazardous Substances on or in the Propeny. Borrower shall not do, nor allow anyone else to do, anything affecting
the Propeny that is in violation of any Environmental Law. The preceding two sentences shall not apply 10 lite presence,
use, or storage on the Property of sntall quantities of Hazardous Substances that are generally recognized to be appropriate
to normal residential USes and to maintenance of the Proper1y.
Borrower shall promptly give Lender written notice or any invesligation. claim. demand. lawsuit or other aclion by
any governmental' or regulatory agency or private party involving the Propeny and any Hazardous Substance or
Environmental Law of whieh Borrower has actual knowledge. If Borrower learns. or is notified by any governmental or
regulatory authority. that any removaJ or other remediation oC any Hazardous Substance affecting the Property is necessary.
Borrower shall 'promptly take all nec....ry remedial actions in accordaocc wilb Environmental Law.
As used in lhis paragraph 20. "Hazardous Substances" are those substances defined as to.ic or hazardous substances
by Environmental Law and the following substances: gasoline, Iccrosene, other lIanunable or toxic petroleum products. toxic
pesticides and herbicides, volatile solvents, materials containing IISbcstos or formaldehyde. and radioactive materials. As
used In this paragraph lO. "Environmental Law" means federal laws and laws of the jurisdiction where the Propeny is located
that relate to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as (ollows:
21. Acceleration; Remedies. Lender shaD give notice to Borro..er prior to acceleration following Borrower's '
breach of any covenant or agreement In this Security Instrument (but not prior to acceleration under paragraph 17
anless applicable law provides otherwise). Lender shall nollfy Borrower of, amottg other things: (a) the defaull; (b)
the action required to cure the default; (c) when the default must be cured; and (dl that failare to (ure the default
as specified may result In acceleration of the swns secured by this Security Instrument, forclosure hy Judicial proceeding
and sale of the Property. Lender shall further Infonn Borro..er of the right to reinstate aIler acceleration and the
right to assert in the foreclosure proceeding the nol1-flistence of a default or any other defense of Borrower to acceleration
and foreclosure. If the default Is not cured as specified, Lender at Its optIon may require ImmedJate payment In full
of all sum. <<cared by this Securily Instrument without lbrther demand and may foreclose this Security Instrument
by Judicial proceeding. Lender sball be entitled to collect all expenses Incurred In pursuIng the remedies provided In
tbIs paragraph 21, including, hut not limited 10, attorneys' f... and costs of title evidence to lhe extent pennltted by
appl/cable law.
form 303' .... (pap 5 t:rf 6 pops)
J
f-.2,~fltJ,~
22. Release. Upon paym.nt of all sums secured by this Security Instrum.nt, this Security Instrum.nt and lb. .state
conv.yed shalllenninale and become void. After such occurrence, Lender shall discharge and satisfy this Security wtrument
wirhout charge to Borrower. Borrower shall pay any recordation costs. .
23. Waive..,. Borrow.r, to rhe ..lent permitted by applicabl.law. waives and rel....s any .rror or defects in pro-
ceedings to .nforce this Security Jnsuum.nt, and hereby waives the ben.lit of any present or furore laws providing for stay
of execution. extension of time. exemption from attachment. levy and sale. and homestead exemption.
24. Reinstatement Period. Borrower's time to r.instate provided in paragraph 18 shall extend to one hour prior
to the comm.ncement of bidding at a sheriff's saI. or other saI. pursuant 10 thiJ Security Instrument.
25. Purchase Money Mortpge. lrany of the debt secured by thiJ Security Instrum.nt is \entto Borrower to acquire
title to the Property, this Security Instrument shall be a purchase mon.y mortgage.
26. Interest Rate After Judgment. Borrower agrees that the int.rest rat. payabl. after s judgm.nt is .ntered on
rho Note or in an selion of mongage foreclosure shall be the rate payabl. from time to time under rhe Note.
21. Riders to tI1ls Security IDstnuneat. Jf on. or more rid.rs are .xecuted by Borrow.r and recorded togeth.r
with thiJ Security InstrUm.nt, the cov.nantS and agreements of each such rider shall be incorporated into and shall amend
and suppl.ment the covenanlS and agreemenlS ofthiJ Security Instrument as if the rider(s) were a part of thiJ Security InsUUment.
(Cbecl: applicable box(es)]
o Adjuslable Rate Rid.r
o Graduated Payment Rid.r
o Balloon Rider
o Other(s) (specify)
BY SIGNING BELOW. Borrower accepts and agrees to rh.terms and eov.nants conutined in this Security Instrument
and in any rid.,(s) .xecuted by Borrow.r and recorded with it.
~.~...(.~..........................
S)A C. ~
o Condominium Rider
o Planned Unit Development Rider
o Rate Improv.ment Rider
o 1-4 Family Rid.r
o Biweekly Paym.nt Rider
o Second Home Rider
~...
...........4..b!fi~~EMAy..................::.&~s:~
Social Security Number....22g".32..4631.......................
..............:~~~y..............:::&=
Social Security' Number....J.7.~.5~:':~2.41.......................
I..... Itl.. TIlfs U.. For _..lldf\llltlll
STATE OF PWNSYL VANIA
C'lXlN'lY OF c.uP'<Jr..""-AIO
en this, the Cl.G'.lh day of ~v..N~ , 19 q,$"', before me
Of''''~ P. (J' lW2.><. , Nor , the undersigned officer, personally.
appeared J!..... , ('. Vi L.G:Mf''f 1''''0 K!l.\JT'I 1'Vl. l-lW'<'>~'1
known to me (or satisfactorily proven) to be the personS Whose n~
I\<l.L subscribed to the within instrt.1llS1t,
and acknowledged that "'I he '1
executed the' same for the purposes therein contained.
In witness whereof, I
hereunto set ~ and official seal.
\....,)J( 0 (?~
TitlG or crri~~r (Oltary)
\ NOlaril' S..'
David P. Pertdnl, Notary Publ1c form 303. .,a (pdp 6 tJf 6 pGlu)
~L1rg Bora. Cumberland COunty.
My Commi_~ Expires Oct. 28. 1997
Moml>er. Ponn.rfvIII.. AlsocialiOli 01 NOlI""
APPENDIX A
Date: 2-23-2004
ACT 91 NOTICE
TAKE ACTION TO SA VE
YOUR HOME FROM
FORECLOSURE*
This is an official notice that the mortgage on your home is in default. and the lender
intends to foreclose. Specific information about the nature of the default is provided in the
attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be
able to help to save your home. This Notice explains how the program works.
To see if Hi3MAP can help. you must MEET wtrH A CONSUMER CREDIT
COUNSELING AGENCYWITHlN 30 DAYS OF TIIE DATE OF THIS NOTICE. Take this
Notice with you when yOU meet with the Counseling A~ency.
The name. address. and phone ninnber of Consumer Credit Counseling Agencies serving
your Countv are listed at the end of this Notice. If you have anv questions, vou may call the
Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired
hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it. You
may also want to contact an attorney in your area. The lOcal bar association =y be able to help
you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA lMPORTANCIA, PUBS AFECTA
SU DERECHO A CONTINUAR VNlENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCrON
INMEDrt.AM:eNTE LLAMANJ)O ESTA AGENCIA (pENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER
ELEGIBLE PARA UN PRESTAMO FOR EL PROGRAMA ILAMADO "HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PREDE SAL V AR SU
CASA DE LA PERDIDA DEL DERECHO A REDl1\11R SU HJPOTECA.
EXHIBIT "e"
GENERAL ADMINISTRATION
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
ERICK & KRISTY LEMAY
333 WALNUT DALE RD
SEITPPENSBURG,PA17257
LOAN ACCT_ NO.:
ORGINAL LENDER:
73418373
GREEN TREE CONSUMER DISCOUNT CO.
CURRENT LENDERlSERVICER:
Finance
GRE:EN TRItE CONSUMER DISCOUNT CO
HOM];;OWNEn.'S EM];;n.GENCY MORTGAGE ASSISTANCE
PROGRAM
YOU MAYBE ELIGIaLE FOR FINANCIAL ASSISTANCEWmCH
, CAN SA VEYOUR HOME FROM FORE:CLOSURE AND HELP YOU
MAJ{EFUTURE MORTGAGE PAYMENTS
:w YOlJ COMPLY WI'l1:I11IE PROVISIONS OF THE HOMEOWNER'S
EMERGENCY MOn.l'GAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAYBE
ELIGIaLE FOR EM];;RGENCY MORTGAGE ASSISTANCE:
, * IF YOUR DEFAULl' HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND
YOUR. CONTROL" ' ',,',',' ' '. ' ' , ' ' ,
* IF YOU HAVE A RE:ASONABLE PROSPECT OF BEING ABLE TO PAY
YOUR MOn.l'GAGE PAYMENTS, AND
*IF YOU MEET OTIlER ELIGmILITY RE:QUlRE:M];;NTS ESTABLISHED BY
THE PENNSYLVANIA HOtJSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a
temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice.
During that time you must arrange and attend a "face-to-face" meeting with one of the consumer
credit counseling agencies listed at the end of this Notice. THIS M];;ETING MUST OCCUR.
WITHIN 11IE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. TBE
PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT",
EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES--Ifyou meet with one of the
consumer credit counseling agencies listed at the end of this notice, the lender may NOT take
action against you for thirty (30) days after the date of this meeting. The names, addresses, and
telephone numbers of designated consumer credit counselinf( a!(encies for the county in which
the property is located are set forth at the end of this Notice. It is only necessary to schednle one
face-to-face meeting. Advise your lender immediately of your intentions.
APPLICA nON FORMORTGAGE ASSISTANCE--Your mortgage is in default for
the reasons set forth later in this Notice (see following pages for specific information about the
nature of your default.) If you have tried and are unable to solve this problem with the lender,
you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage
Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's
Emergency Assistance Program Application with one of the designated consumer credit
counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies
have applications for the program and they will assist you in submitting a complete application to
the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked
within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAll.. TO DO
SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORm IN
TIllS LETtER, FORECLOSURE MAY PROCEED AGAINST 'fOUR HOME ,
IMl\mDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL
:BE DENIED.
AGENCY ACTION--Available funds for emergency mortgage assistance are very
limited. They will be disbursed by the Agency under the eligibility criteria established by the
Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it
receives your application. During that time, no foreclosure proceedings will be pursued against
you if you have met the time requirements set forth above. You will be notified directly by the
Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU AlU: CURRENTLY PROTECTED BY THE FIL-
ING OF A PETITION IN BANKRUPTCY, TIlE FOLLOWING
PART OF TIllS NOTICE IS FOn. INFORMATION PURPOSES
ONLY AND SIiOULD NOT:BE CONSIDERED AS AN ATTEMPT
TO COLLECT THE DEBT.
Of you have fIled bai1kruptcy you can still apply for Emergency
Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it UJ) to date.)
NATURE OF TIlE DEF AUL T --The MORTGAGE debt held by the above lender on your
property located at:
853 SWAMPRD SANDY LAKE, PA 16145
IS SERIOUSLY IN DEFAULT because:
A. YOU HA VB NOT MADE MONTHLY MORTGAGE PAYMENTS for the foUowing
months and the following amounts are now past due:
JAN '04 $886.11
FEB '04 $446.47
Other charges (explain/itemize):
LAT~ FEES: N/A
TOTAL AMOUNT PAST DUE: $1352.58
B. YOU HA VB FAlLED TO TAKE TIlE FOLLOWING ACTION (Do not use if not
appliciible ):
PAY IN TIMELY MANNER
goW TO CURE TlD: DEFAuLT-.You may cure the default within THlRTY (30) DAYS of
the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE
LENDER, WHICH IS $1352.58 PLUS ANY MORTGAGE PAYMENTS AND LATE
CHARGES WHICH BECOME DUE DURlNG THB THlRTY (:~O) DAY PERIOD. Pavments
muSt b-e made either by cash, cashier's check. certified check or money order made payable and
sent to:
GREEN TREE CONSUMER DISCOUNT COMPANY
PO Box 1158
Wexford; PA 15090
You can cure any other default by taking the following action within THIRTY (30) DAYS of the
date of this letter. (Do not use ifnot ap-plicable.)
IF,YOU DO NOT CURkTIiE DEFAULT--If Y01i do not cure the default within TIIIRTY (30)
DAYS of the date of this Notice, the lender intends to exercise its ril!hts to accelerate the
m()i'tl!8ge debt. This means that the entire outstaliding balance of this debt will be considered
due immediately and you may lose the chance to pay the mortgage in monthly installments. If full
payment of the total amount past due is not made within TIIIRTY (30)DA YS, the lender also
intends to instruct its attorneys to start legal action to foreclose upon your mortl!al!ed
property.
IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the
Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure
the delinquency before the lender begins legal proceedings against you, you will still be required
to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay all reasonable attorneys' fees actually
incurred by the lender even if they exceed $50.00. Any attorney's fees
will be added to the amount you owe the lender, which may also include other reasonable costs.
If, YOU cUre the defailIt within the THIRTY (30) DAY period, you will not be required to
JiB'I'attOtDev's fees.
OTIlERLENDER REMEDIES-- The lender may also sue you personally for the unpaid
principal balance and all other sums due under the mortgage.
roam TO CURE THE DEFAULT PRIOR TO SH"ERIFF'S SALE--Ifyou have not cured
the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you
still have the right to cure the default and prevent the sale at anv time UP to one hour before the
Sheriffs Sale. You mav do so by paying the total amount then past due, plus any late or other
charges then due, reasonable attorney's fees and costs counected with the foteclosure sale and
any other costs connected with the Sheriffs Sale as specified in writing by the lender and by
perfotnling any other requirements under the mortgage. Curing your defailIt in the manner set
forth in this notice will restore your mortgage to the same position as if you had never
defatilted.
,~Aia1EST POSSffiLE SHERIFF'S SALE DATE-It is estimated that the earliest date that
,stith a Sheriffs Sale of the mortgaged property could be held would be aJiproidnliiteIv 1
m.onths from the date of this Notice, A notice of the actual date of the Sheriffs Sale will be
setit to you before the sale. Cf course, the amount Deeded to cure the default will increase the
1001ger you wait. You Jlllly find out at any time exactly what the required payment or action will
be by cdntacting the lender.
:HOW TO. CCNTACT THE LENDER
'GREEN TREE CONSUMER DISCOUNT COMPANY
PC Box 1158
Wexfotd,PA 15090
, 1-800-245-1340
(724)934-717S
Nanie of Lender:
Address:
Phone Number:
Fax Number:
"Contact person:
E'FFECT OF SIlERIFF'S SALE-You should realize that a Sheriffs Sale will end your
ownership of the mortgaged property and your right to occupy it. If you continue to live in the
property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other
belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE--Y ou _ _mayor _X_may not (CHECK CNE) sell or
transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all
the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale
and that the other requirements of the mortgage are satisfied.
YOU MAY Al,SO HAVE TIlE RIGlIT:
*TO SELL TIffi PROPERTY TO OBTAIN MONEY TO PAY OFF TIffi MORTGAGE
IlEBT ORTO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY
OFF THIS DEBT.
*to HA VB TIllS DEFAULT CURED BY ANY TIDRD PARTY ACTION ON YOUR
BEHALF.
*TO HA VB THE MORTGAGE RESTORED to THE SAME POSmON AS iF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT
HA VB TIDS RIGHt TO CURE YOUR DEFAULT MORE THAN THREE TlMES IN ANY
CALENIlAR YEAR)
*TO ASSERT TIffi NO'NEX1STENCE OF A DEFAULT IN ANY F'oRECLOSOJ.m
PROCEEDING OR ANY OTIffiR LA WSulT INstrrur1ID UNDER THE MORTGAGE
DOCUMENTS.
"'to SEEK PROTECTION UNDER TItE FEDERAL BANl<ltUPrCY LAW.
CONSUMER CREDIl' COUNSELING AGENCIES SERVING YOtJR COUNTY
"I
(Include names and adcrlesses of all Counseling Agencies listed for the county in which the propertY is
located.)
Very truly yours,
I
GREENTREE SERVlCING
AL, AZ, AR, CT, DE, DC, FL, GA, IA (LH PMM), ID, IL, IN, KY, LA, MA (LH), MD, ME (LH First Liens),
MI, MN, MO (LH First Liens), MS, MT, NE, NY, NH, NJ (RO), NM, NY, NC, ND, OH, OK, OR, PA (HO),
RI, SD, TN, TX(RO), UT, VT, VA, WA, WI (LHFirstLiens), WV (LH), WY
NOTICE OF DEFAULT
AND
RIGHT TO CURE DEFAULT
Date of Notice: 2.23-04
CERTIFIED MAIL RECEIPT NO.
ERIC LEMAY
333 WALNUT DALE RD
sffiPPENSBURG, PA 17257
GREEN TREE CONSUMER DISCOUNT CO.
105 BRADFORD ROAD SmTE 200
WEXFORD, PA 15090
1-800.245-1340
Account No: 73418373
CREDITOR: GREEN TREE CONSUMER DIS.CO.
Credit Transaction: MANUFACTURED HOME ACCOUNT
You are now in default on this credit transaction. You have the right to correct this default within 30 days from the
postmarked date of this Notice.
If you correct the default, you may continue with the contract as thought you did not default.
Your default consists of 3 payments (pluS N/A in fees aud charges) totaling $886.11.
Cure of default: Within 30 days from the postmarked date of this Notice, you may cure yout default by paying $1352.58
which consists of $886.11 for past dne payments and N/A for late charges, or by doing the following: NA.
Creditors rights: If you do uot correct your default in the lime allowed, the creditor may exercise its rights against you undl
the law by taking legal action to repossess or foreclose on its collateral.
If you fail to cure the total amount of your default within the cure period described above, then as of 30 days from the
postmark of this Notice, the maturity of this contract is automatically accelerated and full payment of the contract in the
amount of 37684.15 shall be due and payable without any further notice from the creditor. Additional exPenses,
interest and charges accrued after the date of this notice shall also be due and payable.
If you have questions, write Green Tree Consumer Dis. Co. at the above address or call the number provided.
If this default was caus~ by your failure to make a payment of payments, and you want to pay by mail, send a cashier's checl
or money order. Do not send cash. Other payment arrangements may be made by contacting Green Tree Consumer Dis.Co.
!
AL, AZ, AR, CT, DE, DC, FL, GA, IA (LH PMM), ill, IL, IN, KY, LA, MA (LH), MD, ME (LH First Liens),
MI, MN, MO (LH First Liens), MS, MT, NE, NY, NH, NJ (HO), NM, NY, NC, ND, OH, OK, OR, PA (HO),
RI, SD, TN, TX (HO), UT, VT, VA, W A, WI (LH First Liens), WV (LH), WY
NOTICE OF DEFAULT
AND
RIGHT TO CURE DEFAULT
Date of Notice: 2.23.04
CERTIFIED MAlL RECEIPT NO.
IOUSTY LEMAY
333 WALNUT DALE RD
SIilPPENSBURG, PA 17257
GREEN TREE CONSUMER DISCOUNT CO.
105 BRADFORD ROAD SillTE 200
WEXFORD, PA 15090
1-800-245.1340
AccotintNo:73418373
CREDITOR: GREEN TREE CONSUMER DIS.CO.
Transaction: MANUFACTURED HOME ACCOUNT
ate now in default on this credit transaction. You have the right to correct this default within 30 days from the
date of this Notice.
If you correct the default, you may continue with the contract as thought you did not default.
Y dtir default consists of 3 payments (pluS N/A in fees and charges) totaling $886.11.
Cure of default: Within 30 days from the posl1narked date of this Notice, you may cure your default by paying $1352.58
Which consists of $886.11 for past due payments and N/A for late charl!es. or by doinl! the followinl!: NA.
Creditors rights: If you do not correct your default in the time allowed, the creditor may exercise its rights against you und
the law by taking legal action to repossess or foreclose on its collateral.
If you fail to cure the total amount of your default within the cure period described above, then as of 30 days from the
postmark of this Notice, the maturity of this contract is automatically accelerated and full payment of the contract in the
amount of 37684.15 shall be due and payable without any further notice from the creditor. Additional eXpenses,
interest and charl!es accmed after the date of this notice shall also be due and payable.
If you have questions, write Green Tree Consumer Dis. Co. at the above address or call the number provided.
If this default was caui~d by your failure to make a payment of payments, and you want to pay by mail, send a cashier's chec
or money order. Do not send cash. Other payment arrangements may be made by contacting Green Tree Consumer Dis.Co.
I
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
v.
Eric W. LeMay, Kristy M. LeMay,
Mallyna Ihabi, and Mouhcine Ihabi,
Defendants.
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No. 04-5157 Civil Term
PRAECIPE TO REINSTATE COMPLAINT
To the Prothonotary:
Please reinstate the above-captioned Complaint in Mortgage Foreclosure.
Erint:~, ~u~ ~ 1f:1 ~f;,
Attorney for Plaintiff
PA Attorney 10 Number: 52748
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
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IN THE COURT OF COMMON PLEAS OF CUMBERLANlD COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
v.
Eric W. LeMay, Kristy M. LeMay,
Mallyna Ihabi, and Mouhcine Ihabi,
Defendants.
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No. 04-5157 Civil Term
PRAECIPE TO REINSTATE COMPLAINT
To the Prothonotary:
Please reinstate the above-captioned Complaint in Mortgage Foreclosure.
~~? ...
Erin P. Dyer, Esquire
Attorney for Plaintiff
PA Attorney 10 Number: 52748
5743 Centre Av€!nue
Pittsburgh, PA 15206
(412) 361-1000
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Civil Division
No. 04-5157 Civil Term
Plaintiff,
v.
Eric W. LeMay, Kristy M. LeMay,
Mallyna Ihabi, and Mouhcine Ihabi,
Motion for Service of Process in Real
Property Action in Accordance with
Rule 430 of the Pennsylvania Rules of
Civil Procedure
Defendants.
Filed on Behalf:
Green Tree Consumer Discount
Company
Counsel of Record for this Party:
Erin P. Dyer, Esquire
PA 10 Number: 52748
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Civil Division
Plaintiff,
)
)
)
)
)
)
)
)
)
No. 04-5157 Civil Term
v.
Motion for Service of Process
Eric W. LeMay, Kristy M. LeMay,
Mallyna Ihabi, and Mouhcine Ihabi,
Defendants.
MOTION FOR SERVICE OF PROCESS
IN REAL PROPERTY ACTION IN ACCORDANCE
WITH RULES 430 OF PENNSYLVANIA RULES OF CIVIL PROCEDURE
AND NOW, comes Plaintiff, Green Tree Consumer Discount Company, by and
through its counsel, Erin P. Dyer, Esquire, and avers the following in support of its Motion
for Service of Process in Real Property Action in Accordance with Rule 430 of the
Pennsylvania Rules of Civil Procedure.
1. On or about October 13, 2004, Plaintiff filed a Complaint in Mortgage
Foreclosure at Civil Division Number 04-5157 Civil Term, seeking acceleration under the
terms of the Mortgage Instrument declaring the entire balance (interest, principal, costs,
and attorneys' fees provided for under the terms ofthe Note) due and payable immediately.
2. The Plaintiff requested that the Court of Common Pleas of Cumberland
County enter judgment in mortgage foreclosure against the Defendants Eric W. LeMay,
Kristy M. LeMay, Mallyna Ihabi, and Mouhcine Ihabi, for the total amount due of
$38,764.21, with interest at the rate of 10.03% together with late charges, attorneys' fees
and costs including escrow advances incidental thereto to the date of Sheriffs Sale and
for foreclosure and sale of the property.
3. Eric W. LeMay, ("Borrower") is an adult individual whose last known address
is 166 Kline Road, Shippensburg, Pennsylvania 17257.
4. Kristy M. LeMay, ("Co-Borrower") is an adult individual whose last known
address is 8057 Roxbury Road, Shippensburg, Pennsylvania 17257.
5. Mallyna Ihabi and Mouhcine Ihabi, ("Tax Sale Purchasers"), are adult
individuals whose last known address is 72 Winchester Gardens, Carlisle,
Pennsylvania 17013.
6. On or about June 28, 1995, in consideration of a loan in the amount of
$47,626.45, the Borrower and Co-Borrower executed and delivered a Note (the "Note")
payable to Green Tree Consumer Discount Company. A copy of the Note is attached to
Plaintiff's Complaint in Mortgage Foreclosure as Exhibit "A."
7. On June 28, 1995, contemporaneously with the execution of the Note and
in order to secure payment of the same, Borrower and Co-Borrower executed and
delivered to Plaintiff, a certain real estate mortgage (the "Mortgage") which is recorded in
the Recorder of Deeds Office of this County in Mortgage Book Volume 1276 at Page 402,
conveying to Mortgagee a first lien on the subject premises. A copy of the Mortgage is
attached to Plaintiffs Complaint in Mortgage Foreclosure as Exhibit "B."
8. On September 24,2004, the Cumberland County Tax Claim Bureau held an
Upset Tax Sale for the property to collect delinquent real estate taxes. The property was
sold to the Tax Sale Purchasers.
9. Borrower and Co-Borrower are the current title owners of record for the
property and the Tax Sale Purchasers have an equitable interest in the property subject
to Plaintiffs Mortgage.
10. The land subject to the Mortgage is located in the Township of Southampton,
County of Cumberland and Commonwealth of Pennsylvania at 333 Walnut Dale Road,
Shippensburg 17257, being identified as Parcel Number 39-13-0106-101, and more
particularly described in a Deed which is recorded in the said Recorder of Deeds Office in
Deed Book Volume 126 at Page 590.
11. The property subject to the Mortgage is vacant.
12. On October 20,2004, the Sheriff served Kristy M. LeMay with the Complaint.
A copy of the Sheriff's Return of Service is attached hereto as Exhibit "I."
13. On November22, 2004, the Sheriff served Eric W. LeMay with the Complaint.
A copy of the Sheriffs Return of Service is attached hereto as Exhibit "II."
14. The Sheriff cannot locate Mallyna Ihabi and Mouhcine Ihabi for service of the
Complaint. A copy of the Sheriffs Return of Service is attached hereto as Exhibit "/II."
15. Mouhcine Ihabi contacted Plaintiff's counsel regarding this matter; however,
Mr. Ihabi is evasive when asked to identify his current residence and whether he is willing
to accept service of the Complaint.
16. Mr. Ihabi advised Plaintiffs counsel that his telephone number is
717-732-3944. The address associated with this telephone number listing is
72 Winchester Gardens, Carlisle, Pennsylvania 17013.
17. Plaintiff's counsel and the investigator commissioned by Plaintiffs counsel
to locate the Tax Sale Purchasers have communicated with Mr. Ihabi at this telephone
number; however, the Sheriff cannot locate the Tax Sale Purchasers for service of the
Complaint.
18. Plaintiff has conducted an investigation in order to determine the
whereabouts of Mallyna Ihabi and Mouhcine Ihabi as set forth on the attached Affidavit.
19. Notwithstanding the investigation as set forth on the attached Affidavit,
Plaintiff has been unable to serve Mallyna Ihabi and Mouhcine Ihabi with the Complaint.
20. Plaintiff requests an Order directing service of the Complaint and any other
pleadings in this case requiring personal service on Mallyna Ihabi and Mouhcine Ihabi by
one or more of the following methods:
a. posting a copy of the Complaint and any other pleadings in this
case requiring personal service on the most public part of the
property subject to the Mortgage;
b. sending copies of the Complaint and any other pleadings in
this case requiring personal service by ordinary mail and
certified mail to Mallyna Ihabi and Mouhcine Ihabi at their last
known address and/or;
c. by publication pursuant to Rule 430(b).
21. Plaintiff avers alternatives (a) and (b) are the methods of service most likely
to achieve the notice requirements of due process while at the same time permitting the
Plaintiff to advance its Mortgage Foreclosure action to Sheriff's Sale without additional
undue delay and expense.
22. Plaintiff requests that the court not require service as stated under
alternative (c). Publication pursuant to Rule 430(b) would cause undue expense and delay
to be incurred by Plaintiff and further delay Plaintiff's ability to foreclose as provided for
under a properly executed Note and Mortgage secured by the underlying real estate.
23. Payment on the Note and Mortgage have been in default since
August 1, 2004. Further delay of Plaintiff's ability to advance this matter and properly
foreclose on the real property serves only to unjustly enrich the Defendants.
WHEREFORE, Plaintiff requests that this Honorable Court direct service as
requested herein and provided for on the attached proposed Order of Court.
By:
~?~?
Erin P. Dyer, Escluire -,
PA 10 Number: 52748
Attorney for Plaintiff
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
SHERIFF'S RETURN - OUT OF COUNTY
. CASE NO: 2004-05157 ~
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
LEMAY ERIC W ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
LEMAY KRISTY-M
but was unable to locate Her
in his bailiwick. He therefore
deputized the sheriff of FRANKLIN
serve the within COMPLAINT - MORT FORE
County, Pennsylvania, to
On November 15th, 2004 , this office was in receipt of the
attached return from FRANKLIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
6.00
.00
10.00
.00
.00
16.00
11/15/2004
DYER LAW FIRl'<1
)
so~a ns"w,EOES,':'?"'"'~' ,,~"""
,_-:c-/ /_~ /~
~'''/ ,,- "
r. _'~ /"~ ~.........."'" ...... .,..., "_--
,,/~~. . ," .~
R. 'Thomas Kl ine ,
Sheriff of Cumberland County
Sworn and subscribed to before me
this
day of
A.D.
Prothonotary
EXHIBIT I
. In The Court of Cm. .non Pleas of Cumberland ,ounty, Pennsylvania
Green Tree Consumer Discount Canpany
VS.
Eric W. LeMay et al
SERVE: Kristy M. LeMay
No. -- 04-5157 civil
October 15, 2004
, I, SHERIFF OF CUMBERLAND COUNTY, P A, do
Now,
hereby deputize the Sheriff of
Franklin
County to execute this Writ, this
deputation being made at the request and risk ofthe Plaintiff.
r'~~~~
Sheriff of Cum her land County, PA
Affidavit of Service
Now,
oC(
20
, 20 (J 'f ,at If'), 9 0' clock ~ M. served the
within
~':q {l..g.i8~ . (',-0 S(,\{.lt
F/ti4tJ~.('i ~...,~;\"Y
upon l<i~I'I,'1 1"\'\ .L\.~Mt}Y
at 1t\0'L l~-(.)\I?I"-(,JC4':..
by handing to
K' /) < -1
i'-\ ~;,
VI". L-~W\ 1'!-7
a
Ct"",P4I-II'I,
copy of the original Gt..",rU'~ I ('II
and made mOwn to G {'-.('J,- t" \i'~~'\. EiS.c., '('I ."..:4"'-{'......... VI i Ct.vcF,\ the contents Lhereof
So answers,
'/< tJ "'-. F /VJ I'J /<.l(J C~ .
County, PA
~~"Qf ~fi'
'?'w~;h~d ~bs:Cribed before
methis 'u -Jayof0U-~20e<{
- -
,( c
J.. ~.......--'yn ~ eX
COSTS
SERVICE
MILEAGE
AFFIDAVIT'
$
{ Notarial Sea
l Richard D. McCarty, Nota....y Publk:
Chambersburg Boro, Franklip County
My CommissioD Expires Jan. 29,2007
$
SHERIFF'S RETUP~ - REGULAR
,CASE NO: 2004-05157
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
LEMAY ERIC W ET AL
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
LEMAY ERIC W
the
DEFENDANT
, at 2035:00 HOURS, on the 22nd day of November, 2004
at 166 KLINE ROAD
SHIPPENSBURG, PA 17257
by handing to
ERIC LEMAY
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
14.06
.00
10.00
.00
42.06
--:;;?rC2// .' //
or /n.c~~d~(.., <~-:r- ~
R. Thomas Kline J
11/23/2004 /} .
DYER LAW FIRM I A
BY:~~
I Deputy sherRECEIVED
Sworn and Subscribed to before
me this
day of
A.D.
Prothonotary
NOV 2 6 2004
Dyer Law Firm P.C.
EXHIBIT 11
From:
12/30/2004 14:08 #034 P.OO1/002
SHERIFF'S RETU~N - NOT SERVED
CASE NO: 200~-05157 P
CQMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERL&~D
GREEN T~EE CONSu~ER DISCOUNT
VS
LEMAY ERIC W 3T AL
R. Thomas Kline
Sheriff
who being duly sworn
aocording to law, says, that he made a diligen~ searoh and inquiry for
the within named DEFENDANT
( to w:'..t:
IMBJ MALLYNA
but was
unable to locate Him in his bailiwic~. He therefore returns the
COMPLAINT - MORT FORE
NOT SERVED , as to
the within named DEFENDANT
, n,A31 I1ALLYNA
4214 NANTUCKET DRIVE
MECHANICSBURG, ?A 17055
ATTEMPTED, SUT UNA3LE TO SERVE DEFEND~~T AT GIVEN ADDRESS.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
7.40
.00
10.00
.00
35.40
---
So ans\ve~-"'"- _/~-::../ .-<.-.;::.....--:;::::;>
.,,;:;y?~;;-~::-:..--_._.
R. Thor:1as Kli:'le
Sheriff 0: Cumberland County
DYER LAT~ F=R:-1
::'2/30/2004
Sworn and subscribed to before me
this
day of
R~,~,?~,~-~m-D~' ,
, .' ,'r. ~ ,t,;..:"^' :~,,-.;, ,-;!' ~li '
~ '-,'~~!iJ;b:,'& "~~ ~~, "
A.D.
DEe 3 0 2004
Dyer law fil'ill P.C.
:Protl:02'Oota::-y
EXHIBIT III
From:
]2/30/2004 14:08 #034 P.002/002
SHERIFF'S RETCR~ - NeT SERVED
CASE NO: 2004-05157 P
COMMON~EALTH OF P3~~SYLVANIA
COUNTY OF CUMBERLAND
GREEN TREE CO~SUMER DISCOUNT
VB
LEMAY ERIC W ET AL
R. Thomas :"line
f Sher:.::f
who oeing duly sworn
according to law, says, that he made a ciligent search and inquiry for
the within named DEFENDANT
I to w:..t:
IHA31 MALLYNA
but ",as
unable to locate ~ in his bailiwlck. He ~here:ore returns the
COMPLAINT - MORT FORE
NOT SERVED , as to
the within named DEFENDANT
, Ifl.ABI Y.ALLYNA
4214 N~~TUCKET DRIVE
MECHANICSBURG, FA 17055
ATTEMPTED, BUT UNABLE TO SERVE DEFENDANT AT GIVEN ADDRESS.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
So ansVie~ .._,-,-./._
._,-~...2.~':;;':::-~~;'.<;:;;::,;;;-,"--~
~..7- ~~""...<=. ,'.
'R. Th:xnas Kline
Sheriff of Cumberland County
DYER LAW l"IRM
12/30/2004
Sworn and subscribed to before me
this
day of
R1"I:~',:"":!~," ~"P,"t,'H"""'," "',',D'~" ,
. 'i, ",<' ':,' -, ~'''''' ~( ,",', "C_ '\. _. ",:;:
. ''',' ~" ,," .."
"""~ b,i; tj \l,';'~'
A.D.
DEe 3 0 2004
Dyer bUill Firm PoC.
?rotl:onotary
SHERIFF'S RETURN - NOT FOUND
. CASE NO: 2004-05157 ~
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GREEN TREE CONSUMBR DISCOUNT
VS
LEMAY ERIC W ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
IHABI MALLYNA
but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
, NOT FOUND , as to
the within named DEFENDANT
, IHABI MALLYNA
72 WINCHESTER GARDENS
CARLISLE, PA 17013
DEFENDANT DOES NOT LIVE AT 72 WINCHESTER GARDENS, FORWARDING ADDRESS
IS 4214 NANTUCKET DR MECHANICSBURG. UNABLE TO MAKE SERVICE THERE.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
6.00
3.70
5.00
10.00
.00
24.70
So answers~-'"" ....-----..,---__.~ ~.':~,-- __.-?
___c > __ _." __'..' _.~.
.,,>":-::'-,'~:~--- / /-'.~--~~~-:"'--~-:::-~":~--~~
,'~'" 7 ~~- .
,_~"--_ _ ~r"'-":. >,.-'-
./ /,- ,,~. /....,-
R. Thomas Kl ine/
Sheriff of Cumberland County
DYER LAW FIRM
11/15/2004
Sworn and subscribed to before me
day of
this
A.D.
Prothonotary
SHERIFF'S RETURN - NOT FOUND
,CASE NO: 2004-05157 c
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
LEMAY ERIC W ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
IHABI MOUHCINE
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
, NOT FOUND , as to
the within named DEFENDANT
, IHABI MOUHCINE
4214 NANTUCKET DRIVE
MECHANICSBURG, PA 17050
UNABLE TO SERVE PRIOR TO EXPIRATION.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
14.80
5.00
10.00
.00
35.80
So answers: ,,",.:.-' ~' _,_..-7
_/~,-'j~?-'~'::;:;:-_/
'"-?~~~~----
C R. Thomas Kline
Sheriff of Cumberland County
DYER LAW FIRM
11/15/2004
Sworn and subscribed to before me
day of
this
A.D.
prothonotary
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount )
Company, )
)
Plaintiff, )
)
~ )
)
Eric W. LeMay, Kristy M. LeMay, )
Mallyna Ihabi and Mouhcine Ihabi, )
)
Defendants. )
Civil Division
No. 04-5157 Civil Term
Motion for Service of Process
AFFIDAVIT OF REASONABLE INVESTIGATION
COUNTY OF ALLEGHENY
)
)
)
SS
COMMONWEALTH OF PENNSYLVANIA
Erin P. Dyer, Esquire being duly sworn according to law, deposes and says that he
is the attorney for the Plaintiff in the above-captioned Civil Action in Mortgage Foreclosure;
that he has personal knowledge concerning the facts set forth in the attached Motion for
Service of Process in Real Property Action in Accordance with Rule 430 of the
Pennsylvania Rules of Civil Procedure; that he has authorization from the Plaintiff to make
this Affidavit, and that the facts set forth in this Affidavit are true and correct to the best of
his personal knowledge, to wit:
That he has attempted to locate the whereabouts of Mallyna Ihabi and Mouhcine
Ihabi, Defendants in the above-captioned Civil Action in Mortgage Foreclosure by
conducting a reasonable search, which search included the following:
That on December 27, 2004, he secured an Affidavit of Good Faith Investigation
from a private investigation agency, Default Express Service, Inc., "Default" for the
Defendants' last known address by whereby Default searched means of a Credit Search,
Directory Assistance Search through the telephone company, contact with Defendants'
former neighbors, Post Office Search, Motor Vehicle Registration Search, Death Records
Search and Public License Search. Plaintiff has attached hereto as Exhibit "A" an original
notarized Affidavit of Good Faith Investigation.
Erin P. Dyer, Esquire further deposes and says that after attempting to locate
Mallyna Ihabi and Mouhcine Ihabi, he has been unable to find any additional information
as to their whereabouts and location in order to serve the Complaint in Mortgage
Foreclosure and related documents.
These statements are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating
to unsworn falsification to authorities.
~--
Erin P. Dyer, Esquire
PA 10 Number: 52748
Attorney for Plaintiff
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
~Def..lllt E)'I)ress SelVices. Inc.
. . 13000 Route 73 Suite 107
Four Gleen11'ee Center
M....rlton. NJ 08053
Phol.e:856~85J340
Fax: 856_985_3342
Il1fo@~d efaulte X press. co m
"-:i
~
':'."!-
.~-, 10 ~,~
DEe 2 d 2004
File #
Firm
Subject:
Current Address
Property Address
Mailing Address:
454
Dyer Law Firm, PC
Mallyna Ihabi & Mouhcine Ihabi
72 Winchester Gardens Carlisle, PA 17013
4214 Nantucket Dr. Mechanicsburg, PA 17050
72 Winchester Gardens Carlisle, PA 17013
()jj!'lli j "'!W
.P ~,i it.,,""';~
tif'
,,'v'"
I Steven M. Ruffo,being duly sworn according to law, do hereby depose and state
as follows, I have conducted an investigation into the whereabouts of the above
noted individual{s) 12/27/04 and have discovered the following
1. CREDIT INFORMATION
A. SOCIAL SECURITY NUMBER
Our search verified the following to be true and correct
Mallyna Ihabi - 197-72-4857 Mouhcine Ihabi - 183-76-1791
B. EMPLOYMENT SEARCH
Mallyna Ihabi - Our Office was unable to verify the employment information on
the credit report.
Mouhcine Ihabi - Our Office was unable to verify the employment information on
the credit report.
C. INQUIRY OF CREDITORS
Our investigation could not find any information from the creditors.
II. INQUIRY OF TELEPHONE COMPANY
A.DIRECTORY ASSISTANCE SEARCH
On 12/27/04 our inquiry with the Directory Assistance indicated that Mallyna
Ihabi Mouhcine Ihabi reside(s} at 72 Winchester Gardens Carlisle, PA 17013 717-
732-3944. Our office made a telephone call to the mortgagor number and spoke
with Mouhcine Ihabi
III. INQUIRY OF NEIGHBORS
Using our Whitepages database on 12/27/04 we were unable to verify the
current address with any of the Neighbors within ten houses of the above
referenced subject.
IV. INQUIRY OF POSTOFFICE
A. NATIONAL ADDRESS UPDATE
Our inquiry with National Address database on 12/27/04 indicates the following
is correct Mallyna Ihabi &. Mouhcine Ihabi - 72 Winchester Gardens Carlisle, PA
17013
B. ADDITIONAL ACTIVE MAILING ADDRESS
Our investigation could not find Another active mailing address
V. MOTOR VEHICLE REGISTRATION
A. MOTOR VEHICLE & DMV OFFICE
Per the Pennsylvania Department of motor vehicle Mallyna Ihabi &. Mouhcine
Ihabi has a valid identification registered with the state. EXHIBIT "A"
. VI. OTHER INQUIRIES
A. DEATH RECORDS
As of 12/27/04 Vital records has no death records on file for Mallyna Ihabi &
Mouhcine Ihabi
B. PUBLIC LISCENSES (PILOT, REAL ESTATE ETC.)
Our investigation could not find Public licenses/records for the mortgagor
C. COUNTY VOTER REGISTRATION
The Cumberland Cnty voter registration would only indicate a registration for
Mallyna Ihabi & Mouhcine Ihabi
D. INTERNET
All accessible public databases have been checked and cross-referenced for the
above named individual(s).
E. TAX ASSESSMENT OFFICE
On 12/27/04 our office conducted a search of the following tax records which
showed the following: See Attached
VII. ADDITIONAL INFORMATION OF SUBJECT
A. DATE OF BIRTH
Mallyna Ihabi - YOB - 1976 Mouhcine Ihabi - YOB - 1972
B. A.K.A
Mallyna Ihabi - Mallyna Rungkat
The undersigned understands that this statement herein is made subject to the penalties
of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities
I hereby verify that the statemants made herein are true and correct to the best of my
knowledge, information and belief and that this affidavit of investigation is made subject to
the penalties of 18 Pa.C.S. ec 4904 relating to unsworn falsification to authorities.
~;t{2
FIANT Steven M.Ruff
Default Express Services, INC. President
Sworn to and subscribed before me this 27th day of Dec 2004
NOTARIAL SEAL
Jocelyn Ruffo
Notary Public State of New Jersey
My Cornmision Expires Mar.21, 2007
~OefttUlt Exrress, Services, Inc.
13000 Route 73 Suite 107
four GreentTee Center
Marlton, NJ 08053
Phone: 856.985.3340
Fax: 856.985-3342
info@?ldefaultexl>ress.com
TRANS UNION SSN REPORT
FOR
SBCT Y NJ0200302
RPT ON
RUNGKAT, MALLYNA
MKT /SUB INFILE
17 HB 11/04
SSN
197-72-4857
DATE
12/27 /04
DOB
6/76
TIME
14:01CT
CURR/ADD
72 WINCHESTER GDNS, CARLISLE PA. 17013
*** INQUIRY ANALYSIS ***
NO INQUIRIES WITHIN THE PAST 90 DAYS
RPTD
10/2004
TEL#
960-0379
***************
FOR
SBJ Y NJ0200302
RPT ON
IHABI, MALLYNA
-RUNGKAT,MALLYNA-MALLYNA,RUNGKAT
CURR/ADD
4214 NANTUCKET DR., MECHANICSBURG PA. 17050
FRMR ADD
72 WINCHESTER GDNS, CARLISLE PA. 17013
335 FORT ST., SHIPPENSBURG PA. 17257
*** INQUIRY ANALYSIS ***
INQUIRY ANALYSIS CURRENTLY NOT AVAILABLE ON THIS FILE
MKT/SUB
17 HB
SSN
197-72-4857
INFILE
1/99
DATE
12/27/04
DOB
6/7 6
TIME
14:01CT
RPTD
12/2003
TEL#
732-3944
09/1999
END OF TRANSUNION REPORT
****************************************************************************
TRANSUNION SSN REPORT
FOR
SBJ Y 0J0200302
RPT ON
IHABI, MOUHCINE
MKT/SUB INFILE
17 HB 10/04
SSN
183-76-1791
DATE
12/27/04
DOB
12/72
TIME
14:02CT
CURR/ADD
72 WINCHESTER GDNS, CARLISLE PA. 17013
FRMR ADD
4214 NANTUCKET DR., MECHANICSBURG PA. 17050
*** INQUIRY ANALYSIS ***
NO INQUIRIES WITHIN THE PAST 90 DAYS
RPTD
11/2004
TEL#
732-3944
10/2004
***************
FOR
SBJ Y NJ0200302
RPT ON
MOUHCINE, IHABI
-IHABI,MOUHCINE
CURR/ADD
4214 NANTUCKET DR., MECHANICSBURG PA. 17050
FRMR ADD
6334 STEPHENSCROSS, MECHANICFBURG PA. 17055
72 WINCHESTER GDNS, CARLISLE PA. 17013
*** INQUIRY ANALYSIS ***
INQUIRY ANALYSIS CURRENTLY NOT AVAILABLE ON THIS FILE
MKT/SUB
17 HB
SSN
183-76-1791
INFILE
9/96
DATE
12/27/04
DOB
12/72
TIME
14 : 02CT
RPTD
02/2004
TEL#
796-0769
09/1996
END OF TRANS UNION REPORT
****************************************************************************
Detailed Results for Parcel 10-16-1058-129. in the 2000 Tax Assessment
Database
00260-02989
PAGE 1
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
BUREAU OF DRIVER LICENSING
BASIC DRIVER INFORMATION
DEC 21 2004
,.
DRIVER: MALLYNA IHABI
4214 NANTUCKET DRIVE
MECHANICSBURG, PA 17050
DRIVER LICENSE NO
DATE OF BIRTH
SEX
RECORD TYPE
24044636
: JUN 03 1976
FEMALE
REG LICENSE
DRIVER LICENSE (DL)
COMMERCIAL DRIVER LICENSE (CDL)
. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
LICENSE CLASS :
LICENSE ISSUE DATE:
LICENSE EXPIRES
ORIG ISSUE DATE
MED RESTRICTIONS
LEARNER PERMITS
LICENSE STATUS
C
SEP 29 2001
JUN 04 2005
JUL 15 1993
1
CDL LICENSE CLASS
CDL LICENSE ISSUED :
CDL LICENSE EXPIRES:
CDL ENDORSEMENTS : NONE
CDL RESTRICTIONS NONE
CDL LEARNER PERMITS:
CDL LICENSE STATUS
SB ENDORSEMENT
PROBATIONARY LICENSE (PL)
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
if'
PL LICENSE CLASS
PL LICENSE ORIG ISS:
PL LICENSE ISSUED :
PL LICENSE EXPIRES :
PL LICENSE STATUS :
OCCUPATIONAL LIMITED LICENSE (OLL)
OLL LICENSE CLASS
OLL LICENSE ISSUED :
OLL LICENSE EXPIRES:
OLL LICENSE STATUS :
'.i'
it'
*** END OF RECORD ***
l{'
PAGE 1
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
BUREAU OF DRIVER LICENSING
BASIC DRIVER INFORMATION
DEC 21 2004
,.
DRIVER: MOUHCINE IHABI
4214 NANTUCKET DRIVE
MECHANICSBURG, PA 17050
DRIVER LICENSE NO
DATE OF BIRTH
SEX
RECORD TYPE
25269135
DEC 30 1912
MALE
: REG LICENSE
DRIVER LICENSE (DL)
COMMERCIAL DRIVER LICENSE (CDL)
_ _ M _ ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
LICENSE CLASS :
LICENSE ISSUE DATE: DEC 04 2003
LICENSE EXPIRES
ORIG ISSUE DATE AUG 09 1996
MED RESTRICTIONS NONE
LEARNER PERMITS :
LICENSE STATUS
CDL LICENSE CLASS :
CDL LICENSE ISSUED :
CDL LICENSE EXPIRES:
CDL ENDORSEMENTS
CDL RESTRICTIONS :
CDL LEARNER PERMITS:
CDL LICENSE STATUS :
SB ENDORSEMENT
PROBATIONARY LICENSE (PL)
A*
DEC 04 2003
DEC 31 2007
T X
NONE
- - - - - - - - - - - - - - - - - - - - - - --. - - - - - - - - -
dt
PL LICENSE CLASS :
PL LICENSE ORIG ISS:
PL LICENSE ISSUED :
PL LICENSE EXPIRES :
PL LICENSE STATUS :
OCCUPATIONAL LIMITED LICENSE (OLL)
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
OLL LICENSE CLASS :
OLL LICENSE ISSUED :
OLL LICENSE EXPIRES:
OLL LICENSE STATUS :
ri'
I'
*** END OF RECORD ***
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA
Green Tree Consumer Discount )
Company, )
)
Plaintiff, )
)
v. )
)
Eric W. LeMay, Kristy M. LeMay, )
Mallyna Ihabi and Mouhcine Ihabi, )
Defendants.
Civil Division
No. 04-5157 Civil Term
Motion for Service of Process
CERTIFICATE OF SERVICE
I, Erin P. Dyer, certify that on January 21, 2005, I served a copy of the Motion for
Service of Process in Real Property Action in Accordance with Rule 430 of the
Pennsylvania Rules of Civil Procedure and proposed Order of Court on the named
Defendants via United States First Class Mail, Postage Prepaid at the address indicated
below.
Eric W. LeMay
166 Kline Road
Shippensburg, PA 17257
Mallyna Ihabi
72 Winchester Gardens
Carlisle, PA 17013
By:
L\Green Tree\Lemay, Kristy & Eric\MAS.wpd
Kristy M. LeMay
166 Kline Road
Shippensburg, PA 17257
Mouhcine Ihabi
72 Winchester Gardens
Carlisle, PA 17013
.~-
0'..-.----:><2
?~'
Erin P. Dyer, Esquire
PA ID Number: 52748
Attorney for Plaintiff
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
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JAM 2 5 2005 .V^
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA P
Green Tree Consumer Discount
Company,
)
)
)
)
)
)
)
)
)
Plaintiff,
v.
Eric W. LeMay, Kristy M. LeMay,
Mallyna Ihabi and Mouhcine Ihabi,
Defendants.
Civil Division
No. 04-5157 Civil Term
Motion for Service of Process
ORDER FOR SERVICE
AND NOW, to wit, this
\~
'-
~
2../
day of 2005, upon
consideration of the Motion for Service of Process Action in Real Property Action in
Accordance with Rule 430 of the Pennsylvania Rules of Civil Procedure and the within
Affidavit of Erin P. Dyer, Attorney for Green Tree Consumer Discount Company, it
appearing that a good faith investigation and effort to locate the Defendants Mallyna Ihabi
and Mouhcine Ihabi has been made by Plaintiff, it is hereby
ORDERED that service of the Complaint in Mortga!ge Foreclosure and any other
pleadings in this case requiting personal service on Defendants Mallyna Ihabi and
Mouhcine Ihabi shall be made by:
a't; Required (X) NuL ~'l' "r~"" I ~- Posting a copy of the Complaint in Mortgage
Foreclosure and any other pleadings in this case requirin~, personal service on the most
public part of the property subject to the Mortgage located in Southampton Township,
Cumberland County at 333 Walnut Dale Road, Shippelnsburg, Pennsylvania 17257
(address of property);
d"1 R'q""'''X) No' - ""..', " Fo~'d1o" oopyoflh, Comp"'ot '0 Mort,."
Foreclosure and any other pleadings in this case requirin!~ personal service by ordinary
mail and certified mail (service to be completed upon mailing) to Defendants Mallyna Ihabi
and Mouhcine Ihabi at their last known address located at n Winchester Gardens, Carlise,
Pennsylvania 17013 and/or;
$ ~)(N~--h~"b1::oP"p::oR"~lFU9--
~ ~~ BYTHECOURT:-
b
J.
L:\Green Tree\Lemay, Kristy & Eric\MAS.wpd
>~
cs;
~-:
u"!(')
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-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
v.
Eric W. LeMay, Kristy M. LeMay,
Mallyna Ihabi, and Mouhcine Ihabi,
Defendants.
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No. 04-5157 Civil Term
PRAECIPE TO REINSTATE COMPLAINT
To the Prothonotary:
Please reinstate the above-captioned Complaint in Mortgage Foreclosure.
Erin P. D~e
Attorney for Plaintiff
PA Attorney 10 Number: 52748
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
(>.,
. "...,
(-.,-
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Civil Division
No. 04-5157 Civil Term
Plaintiff,
Defendants.
PROOF OF PUBLICATION IN THE
CUMBERLAND LAW JOURNAL ON
FEBRUARY 18, 2005 FOR SERVICE
OF COMPLAINT IN MORTGAGE
FORECLOSURE ON DEFENDANTS
MALL YNA IHABI AND MOUHCINE
IHABI
v.
Eric W. LeMay, Kristy M. LeMay,
Mallyna Ihabi, and Mouhcine Ihabi,
Filed on behalf of:
Green Tree Consumer Discount
Company
Counsel of Record for this Party:
Erin P. Dyer, Esquire
PA 10 Number: 52748
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
.~
'.
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYL VANIA
ss.
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
Viz
FEBRUARY 18,2005
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter ofthe aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
S TO AND SUBSCRIBED before me this
18 day of FEBRUARY, 2005
",'
NOTA IAL SEAL
LOIS E. SNYDER, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires March 5, 2005
')',',
'.
CUMBERLAND LAW JOURNAL
NOTICE
In the Court of Common Pleas of
Cumberland County, PA
Civil Division
No. 04-5157 Civil Term
Green Tree Consumer
Discount Company,
Plaintiff,
v.
Eric W. LeMay, Kristy M. LeMay.
Mallyna Ihahi and Mouhcine Ihabi.
Defendants.
Complaint in Civil Action in
Mortgage Foreclosure
NOTICE
TO: Eric W. LeMay. Kristy M. LeMay.
Mallyna Ihabi, and Mouhcine
Ihabi
You are named as Defendants in
a civil action flIed on behalf of Green
Tree Consumer Discount Company
in this court. The Plaintiff filed its
Civil Action in Mortgage Foreclosure
to foreclose on certain real estate
which is subject to a mortgage in fa-
vor of Green Tree Consumer Discount
Company. The real estate is located
in Southampton Township. Cumber-
land County at 333 Walnut Dale Road.
Shippensburg, PA 17257.
You are hereby notified to plead
to the above-referenced Complaint
within twenty (20) days from the date
of publication of this Notice or a
Judgment will be entered against
you.
If you wish to defend, you must
enter a wrttten appearance person-
ally or by attorney and file your de-
fenses or objections in writing with
the court. You are warned that if
you fail to do so the case may pro-
ceed against you and a Judgment
may be entered against you without
further notice for the relief request-
ed by the Plaintiff. You may lose mon-
ey or property or other rights impor-
tant to you.
YOU SHOULD TAKE THIS PA-
PER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER
OR CANNOT AFFORD ONE. GO TO
OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL
HELP.
Cumberland County
Bar Association
32 S. Bedford Street
Carlisle. PA 17013
(717) 249-3166
(800) 990-9108
ERIN P. DYER. ESQUIRE
PA IO Number: 52748
Attorney for Plaintiff
5743 Centre Avenue
PIttsburgh. PA 15206
(412) 361-1000
Feb. 18
3
,'-)
,..,~"
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-
SHERIFF'S RETURN - NOT SERVED
CASE NO: 2004-05157 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
LEMAY ERIC W ET AL
R. Thomas Kline
Sheriff
, who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT
, to wit:
IHABI MALLYNA
but was
unable to locate Him In his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
NOT SERVED , as to
the within named DEFENDANT
, IHABI MALLYNA
4214 NANTUCKET DRIVE
MECHANICSBURG, PA 17055
ATTEMPTED, BUT UNABLE TO SERVE DEFENDANT AT GIVEN ADDRESS.
18.00
7.40
.00
10.00
.00
35.40
So answe~
*~2e~~~:.
R. Thomas Kline
Sheriff of Cumberland County
-)
c~
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
~,.....-'
:~7
DYER LAW FIRM
12/30/2004
Sworn and subscribed to before me
this /'10' day ofl}".;
,;JiJlJ*~D(J ~ ,"1R
Prothonotary
SHERIFF'S RETURN - NOT SERVED
CASE NO: 2004-05157 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
LEMAY ERIC W ET AL
R. Thomas Kline
, Sheriff
, who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT
, to wit:
IHABI MALLYNA
but was
unable to locate Her In his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
NOT SERVED , as to
the within named DEFENDANT
, IHABI MALLYNA
4214 NANTUCKET DRIVE
MECHANICSBURG, PA 17055
ATTEMPTED, BUT UNABLE TO SERVE DEFENDANT AT GIVEN ADDRESS.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
00
16.00
So answe~ _---
--X;;:~ft~::~~~~;::::
fR. Thomas Kline
Sheriff of Cumberland
j
.~--
:2---
_.-._--~
County
DYER LAW FIRM
12/30/2004
Sworn and subscribed to before me
this Ir<e day of ~
/
)U1) ~.IA. -
'--~(g~ ~f~
Prothonotary
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-05157 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
LEMAY ERIC W ET AL
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
LEMAY ERIC W
the
DEFENDANT
, at 2035:00 HOURS, on the 22nd day of November, 2004
at 166 KLINE ROAD
SHIPPENSBURG, PA 17257
by handing to
ERIC LEMAY
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
14.06
.00
10.00
.00
42.06
..- ~/ ~,r~
_~"""(,,//v ~_:.-
.f"" "";::'2::""~""""~""~i\:~, _-':(::~
R. Thomas Kline
11/23/2004
DYER LAW FIRM
Sworn and Subscribed to before By:
- -!..
me this ,~! ~ day of
{_~ ~_ AoDo_
L~honota~~
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2004-05157 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
LEMAY ERIC W ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
LEMAY ERIC W
but was unable to locate Him In his bailiwick. He therefore
deputized the sheriff of FRANKLIN County, Pennsylvania, to
serve the within COMPLAINT - MORT FORE
On November 15th, 2004 , this office was in receipt of the
attached return from FRANKLIN
Sheriffrs Costs:
Docketing
Out of County
Surcharge
Dep Franklin Co
18.00
9.00
10.00
56.40
.00
93.40
11/15/2004
DYER LAW FIRM
So answe~ __/_~/.,~_,_//
. ::~-"'.~-c.._._~~::.-,----~'
R. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before
this if': day Of~
.2-VV:{ A. D.
~J-- a ~~~ ~
Prothonotary
me
SHERIFFIS RETURN - OUT OF COUNTY
CASE NO: 2004-05157 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
LEMAY ERIC W ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
LEMAY KRISTY M
but was unable to locate Her
in his bailiwick. He therefore
deputized the sheriff of FRANKLIN
County, Pennsylvania, to
serve the within COMPLAINT - MORT FORE
On November 15th, 2004 , this office was in receipt of the
attached return from FRANKLIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
6.00
.00
10.00
.00
.00
16.00
11/15/2004
DYER LAW FIRM
So answ~~~ . ./'__
_..._-....-7;;::-: _._./.../~~_._.,__,.,""":,- - -"' ....- ..-'_-- ", "" ," '
~.._'-" ...,-?~. / ~--:_~~
,,_ ..,/" ~c.-,----' - L._~'J"'.
R. 'Thomas Kl ine
Sheriff of Cumberland County
Sworn and subscribed to before
this ..;e:-- day of 9~
JJ;rJ)c{ A. D.
{/}, Q f};I.lPPL<..> ./'
'- rurJl~ prothonotar~
me
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2004-05157 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
LEMAY ERIC W ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
IHABI MALLYNA
but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
, NOT FOUND , as to
the within named DEFENDANT
, IHABI MALLYNA
72 WINCHESTER GARDENS
CARLISLE, PA 17013
DEFENDANT DOES NOT LIVE AT 72 WINCHESTER GARDENS, FORWARDING ADDRESS
IS 4214 NANTUCKET DR MECHANICSBURG. UNABLE TO MAKE SERVICE THERE.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
6.00
3.70
5.00
10.00
.00
24.70
Soan s we rs.-;..-------
~S'~:-._:~:;;!:X;:.; >~
R. Thomas Kline
Sheriff of Cumberland County
DYER LAW FIRM
11/15/2004
Sworn
and subscribed to before
/\
! \
day ofl ~
/I
me
this
.r;::,;
40-
;201J:j A.D.
~Q~ ~
Prot onotary I ~
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2004-05157 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
LEMAY ERIC W ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
IHABI MOUHCINE
but was
unable to locate Him In his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
, NOT FOUND , as to
the within named DEFENDANT
, IHABI MOUHCINE
4214 NANTUCKET DRIVE
MECHANICSBURG, PA 17050
UNABLE TO SERVE PRIOR TO EXPIRATION.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
14.80
5.00
10.00
.00
35.80
So answers: "..__-
.~.... ............-..
?~....~~-~-".
R. Thomas Kline
Sheriff of Cumberland County
DYER LAW FIRM
11/15/2004
Sworn and subscribed to before me
this iF: day of M
Ql''''~ A.D.
pr~J~'hota9 /t,"~ j~
In The Court of Common Pleas of Cumberland County, Pennsylvania
Green Tree Consumer Discount Company
VS.
Eric W. LeMay et al
SERVE: Eric W. LeMay
No. 04-5157 civil
October 15, 2004
Now,
, I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Franklin
County to execute this Writ, this
deputation being made at the request ~l1d risk of the Plaintiff.
'~~~~J
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
,20_, at
0' clock
M. served the
within
upon
at
by handing to
copy of the original
a
and made known to
the contents thereof.
So answers,
. Sheriff of
County, P A
Sworn and subscribed before
me this_day of ,20_
COSTS
SERVICE
MILEAGE
AFFIDA VIT
$
$
SHERIFF'S RET~ - NOT FOUND
CASE NO: 2004-00259 T
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF FRANKLIN
""-
GREEN TREE CONSUMER DISC. CO.
VS
ERIC W. LEMAY ET AL
ROBERT WOLLYUNG
, Sheriff
, who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT
, to wit:
ERIC W. LEMAY
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT-MORT FORECLS
, NOT FOUND , as to
the within named DEFENDANT
, ERIC W. LEMAY
8057 ROXBURY ROAD
SHIPPENSBURG, PA 17257
DEFENDANT IS RESIDING W/ PARENTS AT 166 KUNE ROAD SHIPPENSBURG, PA.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Mileage
9.00
9.00
4.00
10.00
6.40
38.40
So answers:
. v~.;f )t,
OBERT WOLLYUNG
ROBERT WOLLYUNG,
CUMBERLAND CO SHERIFF
10/22/2004
Sworn and subscribed to before me
this 8~\ day of CX\~
T'i A.,:. ;{. __
~eJ~~~
i Notary
Notarial Seal
RiGbll'd D. McCarty, Notary ~
c::r.._.... Boro, FrBDkIiII County
My ConImiNiOo Ellpira Jan. 29, 2007
In The Court of Common Pleas of Cumberland County, Pennsylvania
Green Tree Consumer Discount Canpany
VS.
Eric W. LeMay et al
SERVE: Kris ty M. LeMay
No. 04-5157 civil
October 15, 2004
Now,
, I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Franklin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
r~~~
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
04 20
,20 () y- , at cr'~9 o'clock -.-tbM. served the
~ l.~, (f~ J<4.('i Ct, -.J \-' l"Y )
within
tt- )( R.s.i 6";,"->(
~o
upon ,<(Zl ~ '\1 v'V\. U'- M4Y
at tt\'\At 1'4"Z.) \ 0 I"'\. (.jelL
by handing to kP-\ ~"\1 yY\, L.\\...fV\ 1'+1
a
~\f"'PLA- t ~-r
copy of the original Cct'",f\.~'~ \ l"-r-
and made known to G r"v\.. ('1 \1'4~{. ~.~ '~-':"/""r...A \)l r ~~(:!\ the contents thereof.
So answers,
f 1Z.v~l'Jf<((J Co .
County, PA
~IM-M . 01 pp. ~
~W~~~d ~h~Cribed before
methis ']A -Jayof0u~200V
- '-
... I ~
l.. ~.--')rn i:~
COSTS
SERVICE
MILEAGE
AFFIDA VIT
$
Notarial S
Richard 0 McCarty. Notary Public
ChambersbllTg Boro, Franklin County
My Commission Expires Jan. 29,2007
$
r"
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-05157 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
LEMAY ERIC W ET AL
VALERIE WEARY
, Sheriff or Deputy Sheriff of
cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
IHABI MOUHCINE
t e
DEFENDANT
, at 1220:00 HOURS, on the 15th day of March
2005
at 333 WALNUT DALE ROAD
SHIPPENSBURG, PA 17257
by handing to
POSTED PROPERTY AT 333
WALNUT DALE ROAD SHIPPENSBURG
a true and attested copy of COMPLAINT - MORT FORE
together ith
and at the same time directing Her attention to the contents the eof.
Sheriff's Costs:
Docketing
Service
posting
Surcharge
So Answers:
6.00
.00
6.00
10.00
.00
22.00
"
/'J'//'!JI'
.<~/-:.:~.~:,:.:;;~:;c",,~
;);::-;,::~,....
{
R. Thomas Kline
03/16/2005
DYER LAW FIRM
me this
,J..1
day of ~
Sworn and Subscribed to before By:
~or>J- A.D.
t.J' .~"'~ - ~.
.."
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-05157 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
LEMAY ERIC W ET AL
VALERIE WEARY
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according 0 law,
says, the within COMPLAINT - MORT FORE
was served upon
IHABI MALLYNA
th
DEFENDANT
, at 1220:00 HOURS, on the 15th day of March
2005
at 333 WALNUT DALE ROAD
SHIPPENSBURG, PA 17257
by handing to
PROPERTY POSTED AT 333
WALNUT DALE ROAD SHIPPENSBURG
a true and attested copy of COMPLAINT - MORT FORE
together w'th
and at the same time directing His attention to the contents the eof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
13.32
6.00
10.00
.00
47.32
" ,,', ~,,,
./ ,",c,
,_.-:_-":~r.
:,::-~",.<....",4'"
R. Thomas Kline
03/16/2005
DYER LAW FIRM
Sworn and Subscribed to before
By:
me this d Cj
eX 0 I>j /
4. ~,~, lYl----l C" .~. .- "'"ikt
tI Prothonotary' ~~
day of ,~
A.D.
Deputy Sheriff
~
SHERIFF'S RETURN - U.S. MAIL
CASE NO: 2004-05157 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
LEMAY ERIC W ET AL
R. Thomas Kline
, Sheriff
of Cumberland
County, Pennsylvania, who being duly sworn according to law erved the
within named DEFENDANT
, lHABI MALLYNA
, by United States Mail postag prepaid,
on the 11th day of March
, 2005 , at 0000:00 Hours, at
72 WINCHESTER GARDENS
CARLISLE, PA 17013
a true and attested copy of the attached COMPLAINT - MORT FO E
Additional Comments
ITEM WAS RETURNED TO SHERIFF'S OFFICE STAMPED "NOT
DELIVERABLE AS ADDRESSED-UNABLE TO FORWARD."
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So answers:
6.00
2.95
.00
10.00
.00
18.95
/
--
/'
/
---:;~.. '), ' /'
~;.-./:,~//<c;./~ ..' /--
R. Thomas Kline
Sheriff of Cumberland Courty
DYER LAW FIRM
03/16/2005
Sworn and subscribed to before me
this de; day Of~,
o?O~.D.
f'(ld~';'ac?1-J.""'-;l> -~
-
SHERIFF'S RETURN - U.S. MAIL
.
CASE NO: 2004-05157 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
LEMAY ERIC W ET AL
R. Thomas Kline
, Sheriff
of Cumberland
within named DEFENDANT
County, Pennsylvania, who being duly sworn according to law s rved the
IHABI MOUHCINE
on the 11th day of March
, by United States Mail postage prepaid,
72 WINCHESTER GARDENS
2005 , at 0000:00 Hours, at
CARLISLE, PA 17013
a true and attested copy of the attached COMPLAINT - MORT FOR
ITEM WAS RETURNED TO SHERIFF'S OFFICE MARKED "NOT DELIVERABLE
Sheriff's Costs:
Docketing
Service
Aft idavi t
Surcharge
6.00
.00
.00
10.00
.00
16.00
/ ..?k:~;;:;-:::
R. Thomas Kline
Sheriff of Cumberland
DYER LAW FIRM
03/16/2005
Sworn and subscribed to before me
this dq day of -ZJ~_
----
~~...,..> A.D.
4--<- P ____ '-{t\a,1 h A - TJ:;n;
o prothonotary..........." ~,,~
So answers:
--,--
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Count
..
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 2004-05157 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS.
LEMAY ERIC W ET AL
R. Thomas Kline
, Sheriff
of Cumberlanc
County, pennsylvania, who being duly sworn according to law served the
within named DEFENDANT
,IHABI MALLYNA
by United States Certified Mai postage
prepaid, on the 11th day of March
,2005 at 0000:00 HOURS, t
72 WINCHESTER GARDENS
CARLISLE, PA 17013
true
and attested copy of the attached COMPLAINT - MORT FORE
Together
with
The retlrned
receipt card was signed by on
00/00/0000
Additional Comments:
ITEM WAS RETURNED TO SHERIFF'S OFFICE MARKED "NOT DELIVERABLE
AS ADDRESSED-UNABLE TO FORWARD"
Additional Comments
Sheriff's Costs:
Docketing
Cert Mail
Affidavit
Surcharge
6.00
10.68
.00
10.00
.00
26.68
So answers:
~~n~
Sheriff of Cumberland CaUl ty
Paid by DYER LAW FIRM
on 03/16/2005 .
Sworn and subscribed to bef~re me
this -f!.:Cf day of JY'1..... /l...b~
Oltk') .D.
pro~~h:y ~~~-~
~
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 2004-05157 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS.
LEMAY ERIC W ET AL
R. Thomas Kline
, Sheriff
of Cumberland
County, Pennsylvania, who being duly sworn according to law s rved the
within named DEFENDANT
,IHABI MOUHCINE
by United States Certified Mai postage
prepaid, on the 11th day of March
,2005 at 0000:00 HOURS, ct
72 WINCHESTER GARDENS
CARLISLE, PA 17013
a true
and attested copy of the attached COMPLAINT - MORT FORE
ogether
with
The retu ned
receipt card was signed by on
00/00/0000
Additional Comments:
ITEM WAS RETURNED TO SHERIFF'S OFFICE MARKED "NOT DELIVERABLE
AS ADDRESSED-UNABLE TO FORWARD"
Additional Comments
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
So a~s~ //'
<f- -.# ~
R. Thomas Kline
Sheriff of Cumberland County
Sheriff's Costs:
Paid by DYER LAW FIRM
on 03/16/2005 .
Sworn and sUbscribe~efore
this ,2Cl/. day of 7f} .
o?OO~
r".:,lf1~~ ~
Prothono't ary
me
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
v.
Eric W. LeMay, Kristy M. LeMay,
Mallyna Ihabi, and Mouhcine Ihabi,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No. 04-5157 Civil Term
PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT
To the Prothonotary:
Please enter judgment of default in favor of Plaintiff Green Tree Consumer Discount
Company and against Defendants Eric W. LeMay, Kristy M. LeMay, Mallyna Ihabi, and
Mouhcine Ihabi for their failure to plead to the Complaint in this action within the required
time. The Complaint contains a Notice to Defend within twenty days from the date of
service thereof.
Kristy M. Lemay was served with the Complaint on October 20, 2004, and her
answer was due to filed on November 9, 2004. Eric W. LeMay was served with the
Complaint on November 22, 2004, and his answer was due to be filed on
December 13, 2005.
Attached as Exhibit "A" is a copy of Plaintiff's written Notice of Intention to File
Praecipe for Entry of Default Judgment, which I certify was mailed by regular mail to
Eric W. LeMay on December 14,2004, and Kristy M. LeMay on December 14, 2004, and
December 15, 2005, at their last known addresses and attorneys of record if any, being at
least 10 days prior to the filing of this Praecipe.
Mallyna Ihabi and Mouhcine Ihabi were served with the Complaint pursuant to an
Order for Service entered by the Honorable Edgar B. Bayley on January 25, 2005,
authorizing alternative service in lieu of personal service for the Complaint in this action on
Mallyna Ihabi and Mouhcine Ihabi as described herein. A copy of the Order for Service is
attached hereto as Exhibit "B."
On February 18, 2005, Notice of the Complaint in Mortgage Foreclosure was
published in the Cumberland Law Journal. On March 11, 2005, copies of the Complaint
were served via regular mail and certified mail with service deemed complete upon mailing.
On March 15, 2005, the Sheriff of Cumberland County posted the property subject to the
present foreclosure action with a copy of the Complaint. Mallyna Ihabi's and Mouhcine
Ihabi's Answer was due to be filed on April 4, 2005.
Attached as Exhibit "C" is a copy of Plaintiff's written Notice of Intention to File
Praecipe for Entry of Default Judgment, which I certify was mailed by regular mail to
Mallyna Ihabi and Mouhcine Ihabi at their last known address and to their attorney of
record, if any, on April 5, 2005, which is at least 10 days prior to the filing of this Praecipe.
Please enter judgment for $38,764.21 plus interest at the rate of 10.03%, 9.73 per
diem, together with all other costs that being the relief demanded in the Complaint.
~~
Erin P. Dyer~'>""
Attorney for Green Tree
.:iI'
Attachments:
Ten Day Notice to Eric W. LeMay and Kristy M. LeMay -- "Exhibit A"
Order for Service for Mallyna Ihabi and Mouhcine Ihabi - - "Exhibit B"
Ten Day Notice to Mallyna Ihabi and Mouhcine Ihabi -- "Exhibit C"
Affidavit of Non-Military Service
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
CIVIL DIVISION
Defendants.
)
)
)
)
}
)
)
)
}
)
)
No. 04-5157 Civil Term
Plaintiff,
v.
Eric W. LeMay, Kristy M. LeMay, Mallyna
Ihabi, and Mouhcine Ihabi,
Certificate of Mailing
Eric W. LeMay
166 Kline Road
Shippensburg, PA 17257
Certificate of Mailing
Kristy M. LeMay
333 Walnut Dale Road
Shippensburg, PA 17257
Date of Notice:
December 14, 2004
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 MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
~~ ~ '
~ ...._.__.~ ,,,..n"'"
Erin P. Dyer, Esquire
Attorney for Plaintiff
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
EXHIBIT "A"
L\Green Tree\Le,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
CIVIL DIVISION
Defendants.
)
)
)
)
)
)
)
}
)
)
)
No. 04-5157 Civil Term
Plaintiff,
v.
Eric W. LeMay, Kristy M. LeMay, Mallyna
Ihabi, and Mouhcine Ihabi,
Certificate of Mailing
Kristy M. LeMay
8057 Roxbury Road
Shippensburg, PA 17257
Date of Notice:
December 15, 2004
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 CLAlMS 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
OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
~:;>
Erin P. Dyer, Esquire
Attorney for Plaintiff
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
__ _ _ _ _ _ L~\p.i..e~ Tree\Lemav, Kristy & Eric\TDN Kristv Additional Address.wod
JAM 2 5 '2Jlll~l'
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Civil Division
Plaintiff,
)
)
)
)
)
)
)
)
)
No. 04-5157 Civil Term
v.
Motion for Service of Process
Eric W. LeMay, Kristy M. LeMay,
Mallyna Ihabi and Mouhcine Ihabi,
Defendants.
ORDER FOR SERVICE
AND NOW, to wit, this
i!J;
day of 2005, upon
consideration of the Motion for Service of Pr ess Action in Real Property Action in
Accordance with Rule 430 of the Pennsylvania Rules of Civil Procedure and the within
Affidavit of Erin P. Dyer, Attorney for Green Tree Consumer Discount Company, it
appearing that a good faith investigation and effort to locate the Defendants Mallyna Ihabi
and Mouhcine Ihabi has been made by Plaintiff, it is hereby
ORDERED that service of the Complaint in Mortgage Foreclosure and any other
pleadings in this case requiting personal service on Defendants Mallyna Ihabi and
.""'~
Mouhcine Ihabi shall be made by:
~~ K ~~'~ t~
';.'N <..... ~., 'J.
lJ rk<k;hfj
IAN '3 1 2005
EXHIBIT "B"
;$ ""X:I'iC-u 6E;ptm....~' fi:lt
i,,~W ~ ~~ ~~~. f'>t~tj'"
~eqUired (X) Net ~
")
Posting a copy of the Complaint in Mortgage
Foreclosure and any other pleadings in this case requiring personal service on the most
public part of the property subject to the Mortgage located in Southampton Township,
Cumberland County at 333 Walnut Dale Road, Shippensburg, Pennsylvania 17257
(address of property);
~~eqUired (X) NuL-
I",
FOr\Narding a copy of the Complaint in Mortgage
Foreclosure and any other pleadings in this case requiring personal service by ordinary
mail and certified mail (service to be completed upon mailing) to Defendants Mallyna Ihabi
and Mouhcine Ihabi at their last known address located at 72 Winchester Gardens, Carlise,
Pennsylvania 17013 and/or;
!:i:1~~' >>i1 ~~"bli'"ti'" p"ffi"ool ro R"le ~ ~
BY THE COURT:
L:\Green Tree\Lemay, Kristy & Eric\MAS.wpd
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
CIVIL DIVISION
Plaintiff,
)
}
)
)
)
}
)
)
)
No. 04-5157 Civil Term
v.
Eric W. LeMay, Kristy M. LeMay,
Mallyna Ihabi, and Mouhcine Ihabi,
Defendants.
Certificate of Mailing
Mallyna Ihabi
72 Winchester Gardens
Carlisle, PA 17013
Certificate of Mailing
Mouhcine Ihabi
72 Winchester Gardens
Carlisle, PA 17013
Date of Notice:
April 5, 2005
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 MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
:;;, ---
c:::
--=: ~
Erin P. Dyer, Esquire -
Attorney for Plaintiff
5743 Centre Avenue
Pittsburgh, PA 15206
'412) 361-1000
l:\Green Tree\Lerr
EXHIBIT "e"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
v.
Eric W. LeMay, Kristy M. LeMay,
Mallyna Ihabi, and Mouhcine Ihabi,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No. 04-5157 Civil Term
AFFIDAVIT OF LAST KNOWN ADDRESS AND NON-MILITARY SERVICE
ERIN P. DYER, Attorney, being duly sworn according to law, deposes and says that
he makes this affidavit on behalf of the within Plaintiff, being so authorized avers that
Defendants' last known addresses are listed below as follows and that they are not in the
military service of the United States or its allies, or otherwise subject to the provisions of
the Soldiers and Sailors Civil Relief Act of Congress of 1904 and its amendments, 50
U.S.C. 9 501, et seq. This statement is made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsification to authorities.
Eric W. LeMay:
Kristy M. LeMay:
Mallyna Ihabi:
Mouhcine Ihabi:
166 Kline Road, Shippensburg, PA 17257
8057 Roxbury Road, Shippensburg, PA 17257
72 Winchester Gardens, Carlisle, PA 17013
72 Winchester Gardens, Carlisle, PA 17013
J
<~~
Erin P. Dyer, Esqu1re- ~coo
PA 10 Number: 52748
Attorney for Green Tree
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
v.
Eric W. LeMay, Kristy M. LeMay,
Mallyna Ihabi, and Mouhcine Ihabi,
Defendants.
Mallyna Ihabi
72 Winchester Gardens
Carlisle, PA 17013
)
)
)
)
)
)
)
)
)
}
}
CIVIL DIVISION
No. 04-5157 Civil Term
Mouhcine Ihabi
72 Winchester Gardens
Carlisle, PA 17013
NOTICE
Pursuant to the requirements of Pa. R.C.P. 236, you are hereby notified that: JUDGMENT
BY DEFAULT has been entered against you in the above proceeding.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
v.
Eric W. LeMay, Kristy M. LeMay,
Mallyna Ihabi, and Mouhcine Ihabi,
Defendants.
Kristy M. LeMay
8057 Roxbury Road
Shippensburg, PA 17257
)
)
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No. 04-5157 Civil Term
NOTICE
Pursuant to the requirements of Pa. R.C.P. 236, you are hereby notified that: JUDGMENT
BY DEFAULT has been entered against you in the above proceeding.
~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
v.
Eric W. LeMay, Kristy M. LeMay,
Mallyna Ihabi, and Mouhcine Ihabi,
Defendants.
Eric W. LeMay
166 Kline Road
Shippensburg, PA 17257
)
)
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No. 04-5157 Civil Term
Kristy M. LeMay
333 Walnut Dale Road
Shippensburg, PA 17257
NOTICE
Pursuant to the requirements ofPa. R.C,P. 236, you are hereby notified that: JUDGMENT
BY DEFAULT has been entered against you in the above proceeding.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
v.
Eric W. LeMay, Kristy M. LeMay,
Mallyna Ihabi, and Mouhcine Ihabi,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No. 04-5157 Civil Term
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Kindly issue Writ of Execution in the above matter as follows:
$1,946.00
$2,000.00
$1,056.45
Total: $43.766.66'
( . Additional Costs and Interest to be added. )
Amount Due from Complaint:
Interest from October 2, 2004 through
May 9, 2005 (based on 200 days at
the contract rate of 10.03, 9.73 per
diem)
Attorney Fees through May 9, 2005
Costs through May 9, 2005
Dated: Mav 10. 2005
$38,764.21
~?~ )
Erin P.~~,ESqUjre
PA 10 Number: 52748
Attorney for Green Tree
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
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en
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-5157 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due GREEN TREE CONSUMER DISCOUNT COMPANY,
Plaintiff (s)
From ERIC W. LEMAY, KRISTY M. LEMAY, MALLYNA IHABl AND MOUHCINE IHARI
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $38,764.21 L.L. $.50
Interest FROM 10/2/04 THROUGH 5/9/05 (BASED ON 200 DAYS AT THE CONTRACT RATE
OF 10.03, 9.73 PER DIEM) - $1946.00
Atty's Conun %
Due Prothy
$1.00
ATTYS FEES THROUGH 5/9/05-
Atty Paid $492.31 Other Costs
$2,000.00 AND COSTS THROUGH 5/9/05 $1,056.45
Plaintiff Paid
Date: MAY 17, 2005
CURTIS R. LONG
(Seal)
ProthO~ p ~
"EY. CM p . ~r1r----
Deputy
REQUESTING PARTY:
Name ERIN P DYER, ESQUIRE
Address: 5743 CENTRE A VENUE
PITTSBURGH, PA 15206
Attorney for: PLAINTIFF
Telephone: 412-361-1000
Supreme Court ID No. 52748
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
v.
Eric W. LeMay, Kristy M. LeMay,
Mallyna Ihabi, and Mouhcine Ihabi,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No. 04-5157 Civil Term
AFFIDAVIT PURSUANT TO RULE 3129.1
Green Tree Consumer Discount Company, Plaintiff in the above action, sets forth,
as of the date the Praecipe for the Writ of Execution was filed, the following information
concerning the real property located in the Township of Southampton, County of
Cumberland and Commonwealth of Pennsylvania at 333 Walnut Dale Road,
Shippensburg, Pennsylvania 17257, being identified as Parcel Number 39-13-0106-101,
being more fully described in a Deed dated June 28, 1995, and recorded August 10, 1995,
among the land records of the county and state set forth above, in Deed Book Volume 126
at Page 590. See attached Exhibit "A."
1. Name and address of owners or reputed owners:
Name:
Eric W. LeMay
Eric W. LeMay
166 Kline Road
Shippensburg, PA 17257
Name:
Mouhcine Ihabi
Kristy M. LeMay
333 Walnut Dale Road
Shippensburg, PA 17257
Kristy M. LeMay
8057 Roxbury Road
Shippensburg, PA 17257
Mallyna Ihabi
72 Winchester Gardens
Carlisle, PA 17013
Mouhcine Ihabi
72 Winchester Gardens
Carlisle, PA 17013
Name:
Kristy M. LeMay
Name:
Kristy M. LeMay
Name:
Mallyna Ihabi
2. Name and address of Defendants in the judgment:
Name:
Mouhcine Ihabi
Eric W. LeMay
166 Kline Road
Shippensburg, PA 17257
Kristy M. LeMay
333 Walnut Dale Road
Shippensburg, PA 17257
Kristy M. LeMay
8057 Roxbury Road
Shippensburg, PA 17257
Mallyna Ihabi
72 Winchester Gardens
Carlisle, PA 17013
Mouhcine Ihabi
72 Winchester Gardens
Carlisle, PA 17013
Name:
Eric W. LeMay
Name:
Kristy M. LeMay
Name:
Kristy M. LeMay
Name:
Mallyna Ihabi
3. Name and address of every judgment creditor whose judgment is a record
lien on the real property to be sold:
Name:
Green Tree Consumer Discount
Company
Green Tree Consumer Discount Company
Stonewood Commons III
105 Bradford Road, Suite 200
Wexford, PA 15090
4.
reco rd:
Name and addresses of the last recorded holder of every mortgage of
Name:
Green Tree Consumer Discount
Company
Name:
Citifinancial, Inc.
Name:
Citifinancial, Inc.
Name:
Citifinancial, Inc.
Green Tree Consumer Discount Company
Stonewood Commons III
105 Bradford Road, Suite 200
Wexford, PA 15090
Citifinancial, Inc.
244 S. Fayette Street
Shippensburg, PA 17257
Citifinancial, Inc.
P.O. Box 17170
Baltimore, MD 21203
Citifinancial, Inc.
c/o C T Corporation Systems
1635 Market Street
Philadelphia, PA 19103
5.
property:
Name and address of every other person who has any record lien on the
Cumberland County Tax Office:
Cumberland County Tax Claim
Bureau
Southampton Township Tax
Office:
Vivian F. Coy, Tax Collector
Shippensburg Area School
District Tax Office:
Vivian F. Coy, Tax Collector
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17013
Vivian F. Coy, Tax Collector
Southampton Township Tax Office
200 Airport Road
Shippensburg, PA 17257
Vivian F. Coy, Tax Collector
Shippensburg Area School District Tax Office
200 Airport Road
Shippensburg, PA 17257
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:
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:
None
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. Section 4904 relating to unsworn
falsification to authorities.
Dated: Mav 10. 2005
<.. .-:.::.:.,:;>-""
,,'-C......:.;;;,.
Erin P. Dyer, Esquire
PA 10 Number: 52748
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
,
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Tilt p~ J.D. No. 39-13.0105-10(.95 AUlllO flM 11 :12
THIS DEllD
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MADE nus 2.8 day of June in the year ot 0Qt Lord one thll1JSlllld nine Imodred ninety-five
(1995).
.
BETWEh'N lAlUlY D. ME/JU8 IUId BONNIE Jr, MEUUS, husband .nd wife, of 333
Walnut Dale Road, Shipponsburg. PelIIlS;lvani.. hereinaflu refened UllIS GranlOIS
AND ElUC Iv. LEMA.Y8IId JaUSTY M. LEMAY, husband and wire. of 129 mcildow
Drive. Shippensb18g. PoIIns)'Ivailia, ulellants by \be enlilO!ly, htreinatiEr refem:d to
as GrBnII:es .
W1TNESSETII. that m and in coll!iderauon 6! Tho 8_ o&1li.oou.UU) 'NIlII'n~IX
~ onn,,,,,, AIID 00/100 _ .. ....:.. .,.. _ -pt .L--f - L_by
n' .... _ '~ID j,IIUM,l- p~ ...~ IeccJ WJ,1IiWa.1nI lS I"'"'
lIo:knowJedged, flJe said GRIfIlnr,; do bl:Rby ~r IUId convey, in fee simple 10 the said Grantees. as
tclnanu by the enlirety. their bcin wid -tl.s.
ALL tMI GCnBiIl paRe! of IawI sil\llllC in the Township of SolllbamplOJl, Cumberland CQunty,
PlllIIII)'lvw.. blllnll Lot No, 2 on a SubdivisIon Plm oCLaun. Eo Haneoelc, Bid plm being ICmed
irI tho Ollicc tbr lba R<<orcIe.r ot:Deeds In IIIIIIeJllr CUn1bcr18lld Count,y, PelInaylvaoia, io Plan Book
62, at PlJEe 30, more fiIIly boImded md clc&Gribod u followa, fll wit:
BEGINl'lJNQ al a I'8Ilraed spIkD il1lbt: CCIlleI'I;.;c of Walnlll Dala Road (Tgwpohip ROIlfo 323), at
die _ oCLot No, 3 on albIaaid Subdivision Plan; llIcn... by aa1d lot No. 3, SouIh forty.sevcl1
(47) d~ ~ty-_ (14) lIIimnBs ~cv;n (47) aaconds East, two hllllllred lClIlIld_
hundn:dlhr (210,00) _ 10 a 8Cl ilen pip. io'cn\1IlI' lands now Clr form~ ofL_ E. Han...ok;
Iheoaa by soid IllIIds otHancoclc, SOIIIh forty-fivo (4S) dcCIUI thirl)'-lInee (33) minulc$ fTfiyollllC
(51) ~nd. Weal, lWO hlllldrecllen and ZllIU hlll1d~ (210.00) feel 10 lI1I irllll pin 111 comer oC
Ian'" IIOW W lllrmeriy ot James Eo. OU; Uioncc b1 said IaI1ds oC 011 and Ianda' IIDW or fonnerly of
Pearl M. !Iou, Nanh Co1'l)'-seven. (47) dcsrcoa tweI1lY-fbur (24) mIm1~ 1btIy._ (47) I8COl1ds
w'*- twO Iluoched 1m lIIllI2aD hundJeddIa (210.00) 1l<et III a wooden poat: tIwIe! NOIth forty-five
(45) degree.. thir1;y-tbme (33) ICCOIllIs fi~.cma (S1) ~ But, lWO 1l1mdred ten and ZCI\l
hllllllredlhs (210.00) !i:Ilt to a lIli1road aplb, at comer oCLot No, 2, the place ofB:EClINNING.
CONTAlNING44.D40 Ill_feet (1.011 acres).
I SUBJECT lD II rigbt....C-woy lwl:nty-flva (25) /'eol In wldlll dcdlcaled 1D \he wid""in~ ofWalllUl Dale
ROlId,
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BElN01he _erulellllllwbkh talIrIE. Ruroclc.. alnsle __, by bet deed dlDldFcbrulr,' 21,
I'll/I, and teeorded \II CwnbCll'laad CouIIly Deed Book .Z., VDIumo 34, at Page liSS, ~d III
Lan)' D. Mellul; tI,. aid lAny D. M.Ji", Is now mmied 10 Dcmnle K. Melius, wha Ioccmcr ai'll
tloe GramotI herelll.. I
A.t1c11he said 0ranI0rs ~ _ant aDd agrtt lbH 'lhey'A4.ll wmamsp:claUy lbt;]lIVpGlty ,
hereby cooveyed.
IN Wl'INESS ~oP, OtanlOl3 Mv"betewlO aet1htlr bands md leaIJ 1Il6day and year
f,ISt abtwe written.. ..
Signed. Sealed ...4 Doliva'ed
i"lhe 1'lacn0Cl of
Jhr.',;"
j~ 011 i.
o Ol-~~t.J'
oI'~ ~q vyf}-,>--f. ,
Uu:ty D_ Melius
c-IJ/i'7>'-<-c' :Jr ?It. ~
Bonnie K- Metius
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
v.
Eric W. LeMay, Kristy M. LeMay,
Mallyna Ihabi, and Mouhcine Ihabi,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No. 04-5157 Civil Term
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO PaRC.P. 3129.2
TO: Eric W. LeMay, Kristy M. LeMay, Mallyna Ihabi, and Mouhcine Ihabi,
Defendants
All Other Parties in Interest
TAKE NOTICE:
That a Writ of Execution issued out of the Court of Common Pleas of Cumberland
County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be
exposed to Public Sale at the
Cumberland County Courthouse. One Courthouse Sauare. Carlisle. Pennsvlvania 17013.
(Address)
Date: September 7. 2005
Time: 10:00 A.M.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly
consisting of a statement of the measured boundaries ofthe property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE DESCRIPTION ATTACHED)
THE LOCATION of the property to be sold is:
Township of Southampton, County of Cumberland and Commonwealth of
Pennsylvania at 333 Walnut Dale Road, Shippensburg 17257, being identified as Parcel
Number 39-13-0106-101
With a MANUFACTURED HOME situate thereon of which the OWNERs OR
REPUTED OWNERs are:
Eric W. LeMay, Kristy M. LeMay, Mallyna Ihabi, and Mouhcine Ihabi
,
THE SAID WRIT OF EXECUTION has been issued as a JUDGMENT in the
Mortgage Foreclosure action of:
Green Tree Consumer Discount Company Civil Division Number: 04-5157 Civil
Term
v.
Eric W. LeMay, Kristy M. LeMay, Mallyna
Ihabi, and Mouhcine Ihabi
at Execution Number:
in the amount of $43,766.66 plus
additional costs and interest.
A SCHEDULE OF DISTRIBUTION, being a list ofthe persons and/or governmental
or corporate entities or agencies being entitled to receive part of the proceeds of the sale
received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and
municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days
after the sale and distribution of the proceeds of sale in accordance with this schedule will,
in fact, be made unless someone objects by filing exceptions to it within ten (10) days of
the date it is filed.
Information about the Schedule of Distribution may be obtained from the Sheriff of
the Court of Common Pleas of the within County at the Courthouse address specified
herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO
PAY THE JUDGMENT.
You may have legal rights to prevent your property from being taken away. A
lawyer can advise you more specifically ofthese rights. If you wish to exercise your rights,
YOU MUST ACT PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOWTO FIND OUTWHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
v.
Eric W. LeMay, Kristy M. LeMay,
Mallyna Ihabi, and Mouhcine Ihabi,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No. 04-5157 Civil Term
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of the within County
to open the judgment if you have a meritorious defense against the person or company
that has entered judgment against you. You may also file a petition with the same Court
if you are aware of a legal defect in the obligation or the procedure used against you.
2. After the Sheriffs Sale you may file a petition with the Court of Common
Pleas of the within County to set aside the sale for a grossly inadequate price or for other
proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS
DELIVERED.
3. A petition or petitions raising the legal issues or rights mentioned in the
preceding paragraphs must be presented to the Court of Common Pleas of the within
County. The petition must be served on the attorney for the creditor or on the creditor
before presentation to the court and a proposed order or rule must be attached to the
petition.
If a specific return date is desired, such date must be obtained from the Court
Administrator's Office - Civil Division, of the within County Courthouse, before a
presentation of the petition to the Court.
.,
._.c.'
c~'r<..
Erin P. Dyer, Esquire
PA ID Number: 52748
Attorney for Green Tree
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
-""il
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
v.
Eric W. LeMay, Kristy M. LeMay,
Mallyna Ihabi, and Mouhcine Ihabi,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No. 04-5157 Civil Term
AFFIDAVIT OF ACT 91 COMPLIANCE
ERIN P. DYER, Attorney, being duly sworn according to law, deposes and says that
he makes this affidavit on behalf of the within Plaintiff, being so authorized, avers that
Notice required by the Homeowners' Emergency Mortgage Assistance Act, Act 91 (35 P.S.
S1680.401c, et seq.), was mailed to Borrowers EricW. LeMay and Kristy M. LeMay at their
last known address on February 23, 2004. This statement is made subject to the penalties
of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
L:\Green Tree\Lemay, Kristy & Erfc\DJWE.wpd
- . . J'"
C:~...
Erin P. Dyei';"Esquire
PA 10 Number: 52748
Attorney for Green Tree
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
-
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
v.
Eric W. LeMay, Kristy M. LeMay,
Mallyna Ihabi, and Mouhcine Ihabi,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No. 04-5157 Civil Term
LONG PROPERTY DESCRIPTION
ALL that certain parcel of land situate in the Township of Southampton, Cumberland
County, Pennsylvania, being Lot No.2 on a Subdivision Plan of Laura E. Hancock, said
plan being recorded in the Office for the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Plan Book 62, at Page 30, more fully bounded and described as follows,
to wit:
BEGINNING at a railroad spike in the centerline of Walnut Dale Road (Township Route
323), at the corner of Lot NO.3 on aforesaid Subdivision Plan; thence by said Lot No.3,
South forty-seven (47) degrees twenty-four (24) minutes forty-seven (47) seconds East,
two hundred ten and zero hundredths (210.00) feet, to a set iron pin in other lands now or
formerly of Laura E. Hancock; thence by said lands of Hancock, South forty-five (45)
degrees thirty-three (33) minutes fifty-one (51) seconds West, two hundred ten and zero
hundredths (210.00) feet to an iron pin at corner of lands now or formerly of James E. OU;
thence by said lands of OU and lands now or formerly of Pearl M. Hess, North forty-seven
(47) degrees twenty-four (24) minutes forty-seven (47) seconds West, two hundred ten and
zero hundredths (210.00) feetto a wooden post; thence North forty-five (45) degrees thirty-
three (33) seconds fifty-one (51) seconds East, two hundred ten and zero hundredths
(210.00) feet to a railroad spike, at corner of Lot No.2, place of BEGINNING.
CONTAINING 44,040 square feet (1.011 acres).
SUBJECT to a right-of-way twenty-five (25) feet in width dedicated to the widening of
Walnut Dale Road.
"
~
BEING the same real estate which Larry D. Melius and Bonnie K. Melius, husband and
wife, by deed dated June 28, 1995, and recorded on August 10, 1995, in Cumberland
County Deed Book Volume 126, at Page 590, conveyed to Eric W. LeMay and
Kristy M. LeMay, husband and wife.
Parcel Number 39-13-0106-101
<::;:~. ../
cp...... "'
Erin P. Dyer, Esquire
PA 10 Number: 52748
Attorney for Green Tree
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
v.
Eric W. LeMay, Kristy M. LeMay,
Mallyna Ihabi, and Mouhcine Ihabi,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No. 04-5157 Civil Term
SHORT PROPERTY DESCRIPTION
ALL that certain piece or parcel of land situate in Township of Southampton, County
of Cumberland and Commonwealth of Pennsylvania with a mailing address of 333 Walnut
Dale Road, Shippensburg, Pennsylvania 17257.
Parcel Number 39-13-0106-101
<=-~::-~j
Erin P. Dyer, Esquire
PA 10 Number: 52748
Attorney for Green Tree
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Civil Division
No. 04-5157 Civil Term
Plaintiff,
v.
Eric W. LeMay, Kristy M. LeMay,
Mallyna Ihabi, and Mouhcine Ihabi,
Motion for Service of Process
Regarding Defendant Eric W. LeMay
Pursuant to Rule 430 of the
Pennsylvania Rules of Civil Procedure
Defendants.
Filed on Behalf:
Green Tree Consumer Discount
Company
Counsel of Record for this Party:
Erin P. Dyer, Esquire
PA 10 Number: 52748
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
)
)
)
)
)
)
)
)
)
No. 04-5157 Civil Term
Civil Division
v.
Eric W. LeMay, Kristy M. LeMay,
Mallyna Ihabi, and Mouhcine Ihabi,
Defendants.
MOTION FOR SERVICE OF PROCESS REGARDING DEFENDANT ERIC W. LEMAY
PURSUANT TO RULE 430 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE
AND NOW, comes Plaintiff, Green Tree Consumer Discount Company, by and
through its counsel, Erin P. Dyer, Esquire, and avers the following in support of its Motion
for Service of Process Regarding Defendant Eric W. LeMay Pursuant to Rule 430 of the
Pennsylvania Rules of Civil Procedure.
1. On or about October 13, 2004, Plaintiff filed a Complaint in Mortgage
Foreclosure at Civil Division Number 04-5157 Civil Term.
2. The property subject to foreclosure is located in Southampton Township,
Cumberland County at 333 Walnut Dale Road, Shippensburg, Pennsylvania 17257. The
property is vacant.
3. Eric W. LeMay is an adult individual whose last known address is 17019 New
Market Road, Timberville, Virginia 22853.
4. Kristy M. LeMay is an adult individual whose last known address is 8057
Roxbury Road, Shippensburg, Pennsylvania 17257.
5. Mallyna Ihabi and Mouhcine Ihabi, ("Tax Sale Purchasers"), are adult
individuals whose last known address is 72 Winchester Gardens, Carlisle,
Pennsylvania 17013.
6. Hereinafter Eric W. LeMay, Kristy M. LeMay, Mallyna Ihabi, and Mouhcine
Ihabi are referred to jointly as "Defendants", when applicable.
7. On September 24,2004, the Cumberland County Tax Claim Bureau held an
Upset Tax Sale for the property to collect delinquent real estate taxes. The property was
sold to the Tax Sale Purchasers.
8. On October 20, 2004, the Sheriff served Kristy M. LeMay with the Complaint.
A copy of the Sheriff's Return of Service is attached hereto as Exhibit "I."
9. On November 22,2004, the Sheriff served Eric W. LeMay with the Complaint.
A copy of the Sheriff's Return of Service is attached hereto as Exhibit "11."
10. Neither Eric W. LeMay nor Kristy M. LeMay filed an Answer or other
responsive pleading within twenty (20) days.
11. On December 14, 2004, and December is, 2004, Plaintiff served Eric W.
LeMay and Kristy M. LeMay with its Notice of Intention to Enter Judgment. Copies of the
notices including copies of PS Form 3817 "Certificate of Mailing" for each notice are
attached hereto as Exhibit "111."
12. The Tax Sale Purchasers were served with the Complaint in Mortgage
Foreclosure pursuant to an Order for Service entered by the Honorable Edgar B. Bayley
on January 25, 2005. A copy of the Order is attached hereto as Exhibit "IV."
13. On February 18, 2005, the Cumberland Law Journal published Notice of the
Complaint in Mortgage Foreclosure in lieu of personal service on the Tax Sale Purchasers.
A copy of the Proof of Publication is attached hereto as Exhibit "V."
14. On March 15,2005, the Sheriff posted the property subject to foreclosure
with a copy of the Complaint. A copy of the Sheriff's Return of Service is attached hereto
as Exhibit 'VI."
15. On March 11, 2005, the Sheriff mailed copies of the Complaint in Mortgage
Foreclosure to the Tax Sale Purchasers via certified mail and regular mail. Copies of the
Sheriff's Return of Service are attached hereto as Exhibit "VII."
16. The Tax Sale Purchasers also failed to file an Answer or other responsive
pleading within twenty (20) days.
17. On AprilS, 2005, Plaintiff served the Tax Sale Purchasers with its Notice of
Intention to Enter Judgment. Copies of the notices including copies of PS Form 3817
"Certificate of Mailing" for each notice are attached hereto as Exhibit 'VIII."
18. On May 17, 2005, the Prothonotary entered judgment in mortgage
foreclosure against all Defendants in this action and issued a Writ of Execution.
19. A Sheriff's Sale was scheduled for August 26, 2005.
20. The Sheriff served three of the four Defendants in this action with Notice of
Sheriff's Sale and the Writ of Execution (all Defendants except Eric W. LeMay). A copy of
the Sheriff's Return of Service is attached hereto as Exhibit 'VIV."
21. The Sheriff cannot locate Eric W. LeMay for service of the Notice of Sheriff's
Sale and Writ of Execution. See also Exhibit "VIV."
22. The Plaintiff continued its Sheriff's Sale from August 26, 2005, to
December 7, 2005. The Sheriff made a public announcement to all bidders in attendance
regarding the continuance in accordance with Rule 3129.3(b) of the Pennsylvania Rules
of Civil Procedure.
23. Plaintiff conducted an investigation earlier in this action to determine the
whereabouts of Eric W. LeMay as set forth on the attached Affidavit.
24. Plaintiff's initial investigation did not identify a new address for Eric W.
LeMay; however, subsequent information verified through the Sheriff's Office identified a
new address for Eric W. LeMay in the Commonwealth of Virginia at 17019 New Market
Road, Timberville, Virginia 22853.
25. Plaintiff contacted Directory Assistance requesting the telephone number
listed for the Timberville, Virginia address. The telephone number is registered to
Reverend Samuel LeMay, Eric W. LeMay's father.
26. Plaintiff contacted Reverend LeMay regarding his son's whereabouts.
Reverend LeMay indicated his relationship with his son is estranged; however, he allows
his son to receive mail at his address. Reverend LeMay further indicated his son visits
periodically but he does not know in advance when his son will arrive or how to reach him.
27. Plaintiff asked Reverend LeMay's permission to forward copies of the Notice
of Sheriff's Sale and Writ of Execution to him on behalf of his son.
28. On September 2, 2005, Plaintiff forwarded copies of the Notice of Sheriff's
Sale and Writ of Execution via overnight express mail to Eric W. LeMay at his father's
residence in Timberville, Virginia. The Plaintiff included an Acceptance of Service for
Eric W. LeMay and a prepaid overnight express mail return envelope.
29. Reverend LeMay said if his son visited his residence he would give him the
pleadings, advise him to contact Plaintiff's counsel, and encourage him to execute and
return the Acceptance of Service.
30. The Plaintiff never received a response from Eric W. LeMay.
31. Notwithstanding the investigation as set forth on the attached Affidavit and
the Sheriff's efforts, the Plaintiff has been unable to serve Eric W. LeMay with the Notice
of Sheriff's Sale and Writ of Execution.
32. Plaintiff requests an Order directing service of the Notice of Sheriff's Sale,
Writ of Execution, and any other pleadings in this case requiring personal service on
Eric W. LeMay by one or more of the following methods:
a. posting copies of the Notice of Sheriff's Sale, Writ of
Execution, and any other pleadings in this case requiring
personal service on the most public part ofthe property subject
to the Mortgage;
b. sending copies of the Notice of Sheriff's Sale, Writ of
Execution, and any other pleadings in this case requiring
personal service by regular mail and certified mail to Eric W.
LeMay at his last known address and/or;
c. by publication pursuant to Rule 430(b).
33. Plaintiff avers alternatives (a) and (b) are the methods of service most likely
to achieve the notice requirements of due process while at the same time permitting the
Plaintiff to advance its Mortgage Foreclosure action to Sheriff's Sale without additional
undue delay and expense.
34. Plaintiff requests that the court not require service as stated under
alternative (c) because the available information indicates that Eric W. LeMay no longer
resides in the Commonwealth of Pennsylvania. Publication pursuant to Rule 430(b) would
cause undue expense and further delay Plaintiff's ability to foreclose.
35. Payment on the Note and Mortgage have been in default since
August 1, 2004. Further delay of Plaintiff's ability to advance this matter and properly
foreclose on the real property serves only to unjustly enrich the Defendants.
WHEREFORE, Plaintiff requests that this Honorable Court direct service as
requested herein and provided for on the attached proposed Order of Court.
By:
.~
Erin P. Dyer, Esquire
PA 10 Number: 52748
Attorney for Plaintiff
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
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'In' The Court ofCo( .,non Pleas of Cumberland ,ounty,Pennsylvania
Green Tree Consumer Discount Canpany
VS.
Eric W. LeMay et al
SERVE: Kristy M. LeMay
No. 04-5157 civil
October 15, 2004
, I, SHERIFF OF CUMBERLAND COUNTY, P A, do
Now, .
hereby deputize the Sheriff of Franklin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
~~~
Sheriff of Cum berland County, P A
Affidavit of Service
Now, 0 C( '20 ,200 'f, at cf?..C( o'clock~M. serVed the
within ~ :>7 P..s-'U;>.J"1 R-O S l~ t (F/ti4tJ t'-L.... ~ ,>>;l"Y )
upon i<l'Zt ~ "1 y'\'\. LI.'\.. Mq'f
at It\.V- It..~'S (t? jtt.JcA'_
by handing to k{Z-.\ \""1 v'I'"I. u.i(.W\ A-1
a
CV""- PL-A- I ~I.
copy of the original CC,-V'-.,('vA ll"l
and made known to G I'""V"i" Il'""u;. E';S.c'l~ '''-:........r....... \)I)u..,-><J\ the contents thereof.
So answers,
. t.. tJ"" -- FMrJl<t(J C~ .
. Sheriff of County, P A
~u:.;a:l ~;Cribed before
rnethis "]A -Jayof0U~20~
/ii~;~~(X.~
'r I. Not,","S..r .
l Richard D. McCarty, Notary Publit::
Ch<4llPersburg Bora, Franklin County
My Commission Expires Jab.. 29, 2~7
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
'.:'\
$
EXHIBIT I
',,-
SHERIFF'S RETURN - REGULAR
CAsB NO: 2004-05157
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
LEMAY ERIC W ET AL
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
LEMAY ERIC W
the
DEFENDANT
, at 2035:00 HOURS, on the 22nd day of November, 2004
at 166 KLINE ROAD
SHIPPENSBURG, FA 17257
by handing to
ERIC LEMAY
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
14.06
.00
10.00
.00
42.06
.~~~~~
R. Thomas Kline
11/23/2004 /)
DYER:~ "~
l Deputy sherRECEIVED
Sworn and Subscribed to before
me this
day of
A.D.
EXHIBIT II
NOV 2 6 2004
Dyer Law firm P.C.
Prothonotary
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
v.
)
)
)
)
}
)
)
)
)
}
)
CIVIL DIVISION
No. 04-5157 Civil Term
Eric W. LeMay, Kristy M. LeMay, Maliyna
Ihabi, and Mouhcine Ihabi,
Defendants.
Certificate of Mailing
Eric W. LeMay
166 Kline Road
Shippensburg, PA 17257
Certificate of Mailing
Kristy M. LeMay
333 Walnut Dale Road
Shippensburg, PA 17257
Date of Notice:
December 14, 2004
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 MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OtHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
/-\r;:,..".""",Tro",\l "",
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
~~ ~__"~Cj
Erin P. Dyer, Esquire
Attorney for Plaintiff
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000'
EXHIBIT III
f~'" ~''''
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~ "'.. ".--.-~
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AffIX fee here in stamps
cr meter postage artd
8 ~st mark. Inquire of
,~r.rculTllnt
':0Il
.:90 \*
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'jil..'<b
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U.S. POSTAL SERVICE
CERTIFICATE OF MAILING
MAY BE USED FOR DOMFS>Tlr. ANn INTJ:RN<lTlnN<l1 UAJI nrll::<:: !<.It''lT
PROVIDE FOR'
Received F
Dyer Law Firm, P.C.
Attorneys aDd COUJISeIlors at Law
5743 Centre Avenue
PIITSBURGH, PENNSYLVANJA lSZ06 /~'
1/
fAi
Onp piece of ordim:U'f mail addressed to:
\'~:~::'
''':,r',
PS Fonn 3811, January 2001
G1': L('ftI Ay -mAJ
U.S. POSTAL SERVICE
CERTIFICATE OF MAILING
MAY BE USED FOR OOMESTIC AND INTERNATIONAl MAIl.., DOES NOT
PROVIDE FOr _,
Received
Dyer Law Finn, P.C.
o Attorneys and Couiisenors at Law
5743 Centre Avenue
PITTSBURGH, PENNSYL V ANJA 15Z06
~'OfO",,""Yma,'_""'to
-, {~%IA/}!:;- ~:f!~~tJA-d
Sht~~t'Ar<:: Y'//J ~k /7",2J"-7
, ,
Lt2 # 4-y
PS Form 3817, January 2001
(Dr
Afflxfee here In stamps
or meter postage and
post mark. Inquire of
Postmaster for current
fee.
N'" >I-
000
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..
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14-
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"'=~.III
V;.t--.~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
CIVIL DIVISION
Defendants.
)
)
)
)
)
)
)
)
)
)
)
No. 04-5157 Civil Term
Plaintiff,
v.
Eric W. LeMay, Kristy M. LeMay, Mallyna
Ihabi, and Mouhcine Ihabi,
Certificate of Mailing
Kristy M. LeMay
8057 Roxbury Road
Shippensburg, PA 17257
Date of Notice:
December 15, 2004
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 MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
C;;;:-~
Erin P. Dyer, Esquire
Attorney for Plaintiff
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
F.""f'- !:;
, \...<, l. ::'7: t.""i'~
",,~.:....c.;.~--'
1.''"'____ T___" ____.. ...._,_~. n ......,_,,......... ,......,-.. ~ -.-,.,'-
I
i
u.s. POSTAL SERVICE CERTIFICATE OF MAILING AffIX fee here In stamps
Of meler postage and
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT post mar\(.lnqulre of
PRO~:~~~:~:RANCE-POSTMAS:er Law Finn~~S ~ ~~t:''""""t
Attorneys and Co~ll.~iaw ~((~ N
5743 Centre ~Fl' e ^"Il\ I ~ \.. *
PITrSBURGH, PENNS 4.. q11Ji;pU-);'1 ~~,'"
r"'ML" ~ "<0'0'#'. ~iil)
1:ienJ~~tp/~i51'7 i;."
PS Form 3817, Janual)l2001 '" ;:;; ~"l
GT LeMav - Add/ltdnal TIJN ~o~
JAN 2 5 il105 u.f'
111'
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount )
Company, )
)
Plaintiff, )
)
~ )
)
Eric W. LeMay, Kristy M. LeMay, )
Mallyna Ihabi <lnd Mouhcine Ihabi, )
Civil Division
No. 04-5157 Civil Term
Motion for Service of Process
Defendants.
ORDER FOR SERVICE
AND NOW, to wit, this
f.5;
day of 2005, upon
consideration of the Motion for Service of Pr ess Action in Real Property Action in
Accordance with Rule 430 of the Pennsylvania Rules of Civil Procedure and the within
Affidavit of Erin P. Dyer, Attorney for Green Tree Consumer Discount Company, it
appearing that a good faith investigation and effort to locate the Defendants Mallyna Ihabi
and Mouhcine Ihabi has been made by Plaintiff, it is hereby
ORDERED that service of the Complaint in Mortgage Foreclosure and any other
pleadings in this case requiting personal service on Defendants Mallyna Ihabi and
-.,...--
Mouhcine Ihabi shall be made by:
R'''' 'f'~of'iJ ,;,.' 'i litf' "-"''''''rf%
r~.- <, .!;';l ~.. ,'~ .', ' - r'. ..' 1.\;:.
l\ ;~-, ": 'f' ~ (~ ,.. ,'. !t-
" .~"'U_ b"".
EXHIBIT IV
.IAN 3 1 2005
l]'lmw g ~~&lI ~~Il>'m. (fff~
,-" 'jf$ '....~~14-,'u.w rjil. I!i iii "'~'.,
~eauired IX) Net R
. 'k Posting a copy of the Complaint in Mortgage
Foreclosure and any other pleadings in this case requiring personal service on the most
public part of the property subject to the Mortgage located in Southampton Township,
Cumberland County at 333 Walnut Dale Road, Shippensburg, Pennsylvania 17257
(address of property);
~~eqUired (X) Nd -
"1
Forwarding a copy of the Complaint in Mortgage
Foreclosure and any other pleadings in this case requiring personal service by ordinary
mail and certified mail (service to be completed upon mailing) to Defendants Mallyna Ihabi
and Mouhcinelhabi at their last known address located at 72 Winchester Gardens, Carlise,
Pennsylvania 17013 and/or;
:t:~L ~ ti"b1i~'O" P"~"""troR"'e~ ~
BY THE COURT:
L:\Green Tree\Lemay, Kristy & Eric\MAS.wpd
F'
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PROOF OF PUBLICATION IN THE
CUMBERLAND LAW JOURNAL ON
FEBRUARY 18, 2005 FOR SERVICE
OF COMPLAINT IN MORTGAGE
FORECLOSURE ON DEFENDANTS
MALL YNA IHASI AND MOUHCINE
IHASI
--,
Green Tree Consumer Discount
Company,
Civil Division
No. 04-5157 Civil Term
Plaintiff,
v.
Eric W. LeMay, Kristy M. LeMay,
Mallyna Ihabi, and Mouhcine Ihabi,
Defendants.
Filed on behalf of:
Green Tree Consumer Discount
Company
Counsel of Record for this Party:
Erin P. Dyer, Esquire
PA 10 Number: 52748
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
(')
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RECEIVED
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MAR 1 4 lUll~
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EXHIBIT V
....,
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PROOF OF PUBLICATION,OF NOTICE
IN CUMBERLAND LAW JOURNAL n,
, (Under Act No. S87,approvedMay i6, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
o
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly swom, according to law, deposes and sa.ys that the Ciunberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 4, 1952, and designated by the local courts as the official legal
periodical for the publication of al1legaJ notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice ot publication attached hereto is
exactly the same as was printed in the regular editions and issues of the .said Cumberland Law
Journal on the following dates,
Viz
FEBRUARY 18,2005
Mfiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
S TO AND SUIlSCRIBED before me this
18 dayof FEBRUARY.200S
NOTA IALSEAL
LOIS E. SNYDER. Notary Public
Carlisle Boro, Cumberland County
My Commission Expires March 5, 20?5, ~i i;
'.',d'.;tJ1r?",......'
,.",,'[;
.
, ,
r ~
(C,
a
--,
CUMBERLAND LAW JOURNAL
NOTICE
In the Court of Common Pleas of
CUmberland County, PA
Civil Division
No. 04-5157 Civil Term
Green Tree Consumer
Discount Company,
Plaintiff,
v.
Eric W. LeMay. Krlsty M, LeMay.
Mallyna Ihabl and Mouhclne Ihabl.
Defendants.
Complaint in Civil Action in
Mortgage Foreclosure
NOTICE
TO: Eric W. LeMay, Krlsty M. LeMay.
Mallyna Ihabi. and Mouhcine
Ihabl
You are named as Defendants in
a civil action filed on behalf of Green
Tree Consumer Discount Company
In this court. The Plaintiff filed Its
Civil Action in 'Mortgage Foreclosure
to foreclose on certain real estate
. which Is subject to a mortgage in fa-
vor of Green Tree Consumer Disconnt
Company. The real estate is located
in Southampton TO'WIlship, CUmber-
land County at 333 Walnut Dale Road.
Shlppensburg. PA'l7257.
You are hereby notified to plead
to the above#referenced Complaint
within twenty (20) days from the date
of publication of this Notice or a
jud.gment will be entered against
you.
If you wish to defend. you must
enter a written appearance person-
ally or by attorney and file your de-
fenses or objectl.ons in writing with
the court. You are warned that if
you fail to do so the case may pro-
ceed against you and a judgment
may -be entered aga1nst you without
further notice for the relief request-
ed by the Plaintiff. You may lose mon-
ey or property or other rights impor-
tant to you.
YOU SHOULD TAKE. TH1S PA-
PER TO YOUR lAWYER AT ONCE.
IF YOU DO ]\TOT HAVE A lAWYER
OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL
HELP.
Cumberland County
Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
ERIN P. DYER. ESQUIRE
PA ID Number: 52748
Attorney for Plaintiff
5743 Centre Avenue
Pittsburgh. PA 15206
(412) 361-1000
Feb. 18
3
o
"
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-05157 ~
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
LEMAY ERIC W ET AL
VALERIE WEARY
, Sheriff or Deputy Sheriff of
cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
IHABI MALLYNA
the
DEFENDANT
, at 1220:00 HOURS, on the 15th day of March
, 2005
at 333 WALNUT DALE ROAD
SHIPPENSBURG, PA 17257
by handing to
PROPERTY POSTED AT 333
WALNUT DALE ROAD SHIPPENSBURG
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
13 .32
6.00
10.00
.00
47.32
~iJ&:~dr~~
R. Thomas Kline
03/16/2005
DYER LAW FIRM
Sworn and Subscribed to before
By:
I/vL'vv
Deputy Sheriff
me this
day of
A.D.
prothonotary
EXHIBIT VI
SHERIFF'S RETURN - REGULAR
CASE NO: 2004c05157 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
LEMAY ERIC W ET AL
VALERIE WEARY
, Sheriff or Deputy Sheriff of
cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
IHABI MOUHCINE
the
DEFENDANT
, at 1220:00 HOURS, on the 15th day of March
, 2005
at 333 WALNUT DALE ROAD
SHIPPENSBURG, PA 17257
by handing to
POSTED PROPERTY AT 333
WALNUT DALE ROAD SHIPPENSBURG
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
Posting
Surcharge
So Answers:
6.00
.00
6.00
10.00
.00
22.00
r"~~~
R. Thomas Kline
03/16/2005
DYER LAW FIRM
Sworn and Subscribed to before
By:
/J~ I/y
Deputy Sheriff
me this
day of
A.D.
Prothonotary
SHERIFF'S RETURN - U.S. MAIL
CASE NO: 2004-05157 ~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VB
LEMAY ERIC W ET AL
R. Thomas Kline
, Sheriff
of Cumberland
. County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT
, IHABI MOUHCINE
, by United States Mail postage prepaid,
on the 11th day of March
, 2005 , at 0000:00 Hours, at
72 WINCHESTER GARDENS
CARLISLE, PA 17013
a true and attested copy of the attached COMPLAINT - MORT FORE
ITEM .W.1\S..R.E:.TURNED TO SHERIFF I S OFFICE M.1\RKED "NOT DELIVERABLE
A::i AIJIJItt:S::it:IJ-UNAI:lLt: TO ~UItWAItIJ."
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
_00
10.00
.00
16.00
So answers:
~.~
" ~
0~homas Kline
Sheriff of Cumberland County
DYER LAW FIRM
03/16/2005
Sworn and subscribed to before me
this
day of
A.D.
RECEIVED
Prothonotary
MAR 3 0 20Q5
Dyer law firm Re.
EXHIBIT VII
SHERIFF'S RETURN - U.S. MAIL
CASE NO: 2004-05157 ~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
LEMAY ERIC W ET AL
R. Thomas Kline
, Sheriff
of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT
, lHABI MALLYNA
, by United States Mail postage prepaid,
on the 11th day of March
, 2005 , at 0000:00 Hours, at
72 WINCHESTER GARDENS
CARLISLE, PA 17013
a true and attested copy of the attached COMPLAINT - MORT FORE
Additional Comments
ITEM WAS RETURNED TO SHERIFF'S OFFICE STAMPED "NOT
DELIVERABLE AS ADDRESSED-UNABLE TO FORWARD."
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So answers:
6.00
2.95
.00
10.00
.00
18.95
~/~
~~~~
R. Thomas Kline
Sheriff of Cumberland County
DYER LAW FIRM
03/16/2005
Sworn and subscribed to before me
this
day of
A_D.
Prothonotary
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 2004-05157 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS.
LEMAY ERIC W ET AL
R. Thomas Kline
, Sheriff
of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT
,IHABI MALLYNA
by United States Certified Mail postage
prepaid, on the 11th day of March
,2005 at 0000:00 HOURS, at
72 WINCHESTER GARDENS
CARLISLE, PA 17013
, a true
and attested copy of the attached COMPLAINT - MORT FORE
Together
with
The returned
receipt card was signed by on
00/00/0000 .
Additional Comments:
ITEM WAS RETURNED TO SHERIFF'S OFFICE MARKED "NOT DELIVERABLE
AS ADDRESSED-UNABLE TO FORWARD"
Additional Comments
Sheriff's Costs:
Docketing
Cert Mail
Affidavit
Surcharge
6.00
10.68
.00
10.00
.00
26.68
So answers:
~~n~
Sheriff of Cumberland County
Paid by DYER LAW FIRM
on 03/16/2005 .
Sworn and subscribed to before me
this day of
A.D.
Prothonotary
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 2004-05157 ~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS_
LEMAY ERIC W ET AL
R. Thomas Kline
, Sheriff
of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT
,IHABI MOUHCINE
by United States Certified Mail postage
prepaid, on the 11th day of March
,2005 at 0000:00 HOURS, at
72 WINCHESTER GARDENS
CARLISLE, PA 17013
, a true
and attested copy of the attached COMPLAINT - MORT FORE
Together
with
The returned
receipt card was signed by on
00/00/0000
Additional Comments:
ITEM WAS RETURNED TO SHERIFF'S OFFICE MARKED "NOT DELIVERABLE
AS ADDRESSED-UNABLE TO FORWARD"
Additional Comrnents
Docketing
Service
Affidavit
Surcharge
6_00
.00
.00
10.00
_00
16.00
<w-~ ~/.
R. Thomas Kline
Sheriff of cumberland County
Sheriff's Costs:
Paid by DYER LAW FIRM
on 03/16/2005 .
Sworn and subscribed to before me
this day of
A_D.
Prothonotary
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
- -Green Tree Consumer Discount
Company,
CIVIL DIVISION
Plaintiff,
}
)
}
)
)
)
)
)
)
No. 04-5157 Civil Term
v.
Eric W. LeMay, Kristy M. LeMay,
Mallyna Ihabi, and Mouhcine Ihabi,
Defendants.
Certificate of Mailing
Mallyna Ihabi
72 Winchester Gardens
Carlisle, PA 17013
Certificate of Mailing
Mouhcine Ihabi
72 Winchester Gardens
Carlisle, PA 17013
Date of Notice:
April 5, 2005
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 MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
E .~ f; 1 . -
nn . yer, squire
Attorney for Plaintiff
5743 Centre Avenue
Pittsburgh, PA 15206
'000
fJlki
L:\Green Tree\Lemay, Kristy & Eri
-
-..
EXHIBIT VIII
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
- - Green Tree Consumer Discount
Company,
Plaintiff,
)
)
)
}
)
)
)
)
No. 04-5157 Civil Term
CIVIL DIVISION
v.
Eric W. LeMay, Kristv M. LeMay,
Mallyna Ihabi, anI
U.S. POSTAL SERVICE
CERTIFICATE OF MAILING
AffIX fee here in slamps
~-ji1est+and
~te~lnquire of
t~F.ae- to..current
"'W
III *
:!lOV"'~
~"
"tl
I
De
MAYBE USED """"" .......................,,, ..'~ ...~--... .-....
PROVIDE FO'
Received
Dyer Law Firm, P.C.
Attorn~ys and Counsellors at Law
5743 Centre Avenue
PITJ'SBURGH, PENNSYLVANIA 15206
. .
Certificate of M~
Mallyna Ihabi
72 Winchester G:
Carlisle, PA 1701
~
tII\~
>
? A-r 1/,/. ~"" ~1l'1 '
PS Form 3817, January 2001 N 0\
YOU AR nJ,V - eEl': LeA41rf ::;:;~ nEN
APPEARANCE "'Cn.~VI''''LL1 un. 1:1'1 "'. I v.'n.... I ,.,.u_. .__ .." ."no.. ..,_ ~__. _. . ___ _ bURl
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITH!' -- -- --- ---- - --- -- -...- ..~-,~~ . ......~..e~.T UAY BE
ENTERED AGAIt u.s. POSTAL SERVICE CERTIFICATE OF MAILING Affix too h,,,,,, ""m", V OR
OTHER IMPORT, .""I~,"d NCE.
IF YOU DO NOT I ~6J,6~~6~ FCO M..oo~" Die;.i;;:;';Fiim, P.C. o. . ;)~":~"~'" ~I THE
FOllOWING OF ReceivedF Attotn~~4;n~~~~~e:~eatLaw lN
PI1TSBURGH, PENNSYLVANIA 15206 '"
, tJNI~~
~...l' "
. ~ ~\~
,"' f!j
M Ofo<d'''" mail add\a"edlo, u: "PR. ,'. J
o r.C (/.1.1 :rll/rb/ '9 " Jj,.>'6 ~,
WINt! sf-pit. tOA-/'I-t'AJ,c~
P~o;r 3817, January 2001 N ~
/f.J,A) 0/ Le){4y :::::;~
t:nn t". uyer, "'::i4UIlt:
Attorney for Plaintiff
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
Date of Notice:
f-ILl
L:\Green T.ee\lemay, Krtsty & Eric\TDN TSP.wpd
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
made a diligent search and inquiry for the within named defendant, to wit: Eric W.
Lemay, but was unable to fmd him in his bailiwick at 166 Kline Road, Shippensburg, P A
17257. The house located at 166 Kline Road in Shippensburg, Pennsylvania has been
demolished. Per the postal carrier, the defendant moved to 17010 New Market Road.
'I:iInbendl1e, V A ??R51
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
served the within Real Estate Writ, Notice of Sale and Description in the following
manner: The Sheriff mailed notice of the action by certified mail, return receipt
requested, restricted delivery, deliver to addressee only, to the within named defendant, to
wit: Eric W. Lemay at his last known address of 17010 New Market Road, Timberville,
VA 22853. This letter was mailed under the date of July 11,2005. The unopened letter
was returned to the Sheriffs Office on July 19,2005 marked "Unclaimed."
_.RorLlfu~er, Deputy Sheriff, who being duly sworn according to law, states that
onJune 22, ;WgsJ.t 7:52 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: Mayllyna lhabi and Mouhcine lhabi, by posting the
premises located at 333 Walnut Dale Road, Shippensburg, Cumberland County,
Pennsylvania, pursuant to order of court, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
served the within Real Estate Writ, Notice of Sale and Description in the following
manner: The Sheriff mailed notice of the action by certified mail, return receipt
requested, restricted delivery, deliver to addressee oUly, to the within named defendant, to
wit: Mallyna lhabi at her last known address of 72 )Vinche1>~er Gardens, Carlisle, P A
0/< 17013. This letter was mailed under the date of JJine 17, 202~)The unopened letter was
returned to the Sheriffs Office on June 28, 2005 markea-"Unclaimed."
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
; MCli I served the within Real Estate Writ, Notice of Sale and Description in the following
de r S()~S manner: The Sheriff mailed notice of the action by certified mail, return receipt
r 'ce requested, restricted delivery, deliver to addressee only, to the within named defendant, to
~p' Ide wit: Mouhcine lhabi at his last known address 9f--72WinchestetGardens, Carlisle, PA
o /( 17013. This letter was mailed under the date dUune 17, 2005:_~ unopened letter was
on vn Or I r /lQ returned to the Sheriffs Office on June 28, 2005mafked "Unclaimed."
J R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he needed 10 deput/;
made a diligent search and inquiry for the within named defendant, to wit: Kristy M. F _ I /'
LeMay, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff {'I M1 ~ m J.
of Franklin County, Pennsylvania, to serve the within Real Estate Writ, Notice of Sale- 0 v II y' 0
and Description, according to law.:X (' V C /(r IS'! Y
01/d~~rv;,(e on ->Q/(
IMo~ II 0n'O Tt-. - )/1' o.'~ IiV'" f~) .' 1"';(. </'
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?rder of
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f..o.,rr
.,,,: Maf/lynQ
I hoiJi
f7d MouhClhe
Tha6;
S henriA' Re +urn cf Service
Green Tree Consumer Discount Company
VS
Eric W. LeMay, Kristy M. LeMay,
Mallyna lhabi and Mouhcine lhabi
The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2004-5157 Civil Term
/,f If~ 1 1\ 2005
EXHIBIT VIV
~ /::'lsfy LeMo~ S~rV(d
Franklin County Return: And No , July 01,2005:at 8:55 o'clock AM, served the
within Real Estate Writ, Notice of Sale and DescnptlOn upon Kristy M. LeMay, by
making known unto her personally at 8057 Roxbury Road, Shippensburg, P A 17257. SO Of(
answers: Robert B. Wo11yung, Sheriff of Franklin County, Pa.
~~k, Deputy Sheriff, who being duly sworn according to law, states
that onc;[uly 15.,.2000 at 4:13 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
Eric W. LeMay, Kristy M. LeMay, Mallyna Ihabi and Mouhcine Ihabi, located at 333
Walnut Dale Road, Shippensburg, Pennsylvania, according to law. Notmo/ p::tsf/70
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he oJ
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to the within named
defendant, to wit: Eric W. LeMay, by regular mail to his last known address of 170 I 0
New Market Road, Timberville, VA 22853. This letter was mailed under the date of
August 05,2005 and never returned to the Sheriffs Office.
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 Sheriailed-a-n<7tioo-B-t:.th nc of the action to the within named (,ie t ,'I
defendants, to wi : 11 na Ihabi and Mouhcine Ihab! y regular mail to their last "\ jl.l a.r #",101
known address of333 Walnut Dale Road, Shippensburg, PA 17257. These letters were Sj>rvice. on
mailed under the date ot0Ugust 05, 2001'and never returned to the Sheriffs Office. M II ]1. b'
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he D~ yna YI Q )
served the above Real Estate Writ, Notice, Poster and Description in the following and
manner: The S~eriff.mailed a notice of the penden~y of the action to the within named Mouhcine Th I
defendant, to WIt: Kr!sty M. LeMay, by regular mml to her last known address of 8057 - a
Roxbury Road, Shippensburg, P A 17257. This letter was mailed under the date of S q tf s -hf it
August 05, 2005 and never returned to the Sheriffs Office. 0 d C
Y " e r 0 our'
01<
k, J}';t//llJ/ Sb
Sworn and subscribed to before me
~~~
This _ day of
R. Thomas Kline, Sheriff
2005, A.D.
Prothonotary
.~rI5+Y LeMojL served 7/1/05
Propu'11_f~~~ 7/5/05 per normal
'Sheri rfS Sole procedure.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount )
Company, )
)
Plaintiff, )
)
v. )
)
Eric W. LeMay, Kristy M. LeMay, )
Mallyna Ihabi and Mouhcine Ihabi, )
)
Defendants. )
Civil Division
No. 04-5157 Civil Term
Motion for Service of Process
Regarding Defendant Eric W. LeMay
Pursuant to Rule 430 of the
Pennsylvania Rules of Civil Procedure
AFFIDAVIT OF REASONABLE INVESTIGATION
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
)
)
)
SS
Erin P. Dyer, Esquire being duly sworn according to law, deposes and says that he
is the attorney for the Plaintiff in the above-captioned Civil Action in Mortgage Foreclosure;
that he has personal knowledge concerning the facts set forth in the attached Motion for
Service of Process Regarding Defendant Eric W. LeMay Pursuant to Rule 430 of the
Pennsylvania Rules of Civil Procedure; that he has authorization from the Plaintiff to make
this Affidavit, and that the facts set forth in this Affidavit are true and correct to the best of
his personal knowledge, to wit:
That he has attempted to locate the whereabouts of Eric W. LeMay, Defendant in
the above-captioned Civil Action in Mortgage Foreclosure by conducting a reasonable
search, which search included the following:
That on October 11,2004, he secured an Affidavit of Good Faith Investigation from
a private investigation agency, Default Express Service, Inc., "Default" for Defendant Eric
W. LeMay's last known address by whereby Default searched means of a Credit Search,
Directory Assistance Search through the telephone company, contact with Defendant's
former neighbors, Post Office Search, Motor Vehicle Registration Search, Death Records
Search and Public License Search. Plaintiff has attached hereto as Exhibit "A" an original
notarized Affidavit of Good Faith Investigation.
Erin P. Dyer, Esquire further deposes and says that after attempting to locate
Defendant Eric W. LeMay, he has been unable to find any additional information as to his
whereabouts and location in order to serve the Notice of Sheriffs Sale, Writ of Execution,
and related documents.
These statements are made subject to the penalties of 18 Pa.C.S. S 4904 relating
to unsworn falsification to authorities.
Erin P. Dyer, Esquire
PA ID Number: 52748
Attorney for Plaintiff
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
~.Dehlllt Express S elVices, Inc.
. 13000 Route 73 Suite 107
Four Greentree Center
Marlton. NJ 08053
Phone; 856.985-3340
Fax: 856.985-3342
info~def3l1lte)(press.com
Subject;
04-14045
Dyer Law Firm - 73418373
Eric W. LeMay & Kristy M. LeMay
RECEIVED
File # :
Firm:
Current address:
333 Walnut Dale Rd. Shippensburg, P A 17257
333 Walnut Dale Rd. Shippensburg, P A 17257
333 Walnut Dale Rd. Shippensburg, PA 17257
OCT 1 2 2004
Oyer Law firm P.C.
Property address:
Mailing address:
1 Steven M. Ruffo,being duly sworn according to law, do hereby depose and state as follows, 1 have conducted an
investigation into the whereabouts of the above noted individual(s) on 10111104 and have discovered the following
I. CREDIT INFORMA nON
A. SOCIAL SECURITY NUMBER
Our search verified the following to be true and correct
Eric W. LeMay - 229-37-4631 Kristy M. LeMay -179-54-9241
B. EMPLOYMENT SEARCH
Eric W. LeMay - Our Office was unable to verify the employment information on the credit report.
Kristy M. LeMay - Our Ornce was unable to verify the employment information on the credit report.
C. INQUIRY OF CREDITORS
On 10111104 our inquiry with the creditors indicate that Eric W. LeMay & Kristy M. LeMay reside(s) at 333 Walnut
Dale Rd. Shippensburg, P A 17257
II. INQUIRY OF TELEPHONE COMPANY
A.DlRECTORY ASSISTANCE SEARCH
On 10111/04 our inqniry with the Directory Assistance indicated that Eric W. LeMay & Kristy M. LeMay reside(s) at
333 Walnut Dale Rd. Shippensburg, PA 17257 717-532-6013. Our Office made a telephone call to the mortgagors phone
number and recieved the disconnected message. 10lH called 2:15pm
III. INQUIRY OF NEIGHBORS
Using our Whitepages database we contacted Jerry Oll 329 Walnut Dale Rd. on 10111104 would not confirm/deny that
Eric W. LeMay & Kristy M. LeMay reside at 333 Walnut Dale Rd.
IV. INQUIRY OF POSTOFFICE
A. NATIONAL ADDRESS UPDATE
Our inquiry with National Address database on 10/11104 indicates the following is correct Eric W. LeMay & Kristy M.
LeMay - 333 Walnut Dale Rd. Shippensburg, P A 17257
B. ADDITIONAL ACTIVE MAILING ADDRESS
Per our inquiry with creditors on 10111104 the following is an active mailing address: 8057 Roxbury Rd. Shippensburg,
PA 17257
V. MOTOR VEHICLE REGISTRATION
A. MOTOR VEHICLE & DMV OFFICE
Per the Pennsylvania Department of motor vehicle Eric W. LeMay & Kristy M. LeMay has a valid identification
registered with the state.
VI. OTHER INQUIRIES
A. DEATH RECORDS
As of 10lHI04 Vital records has no death records on file for Eric W. LeMay & Kristy M. LeMay
EXHIBIT "An
B. PUBLIC LlSCENSES (PILOT, REAL ESTATE ETC.)
Our office conducted a check on 10/11/04 for public licenses/records and found the following: none
C. COUNTY VOTER REGlSTRA TION
The Cumberland Cnty voter registration would only indicate a registration for Eric W. LeMay & Kristy
M. LeMay
D. INTERNET
All accessible public databases have been checked and cross-referenced for the above named individual(s).
E. TAX ASSESSMENT OFFICE
On 10/11/04 our office conducted a search of the following tax records which showed the following: Not
applicable
VII. ADDITIONAL INFORMATION OF SUBJECT
A. DATE OF BIRTH
Eric W. LeMay - 6/16/72 Kristy M. LeMay - 8122/71
B. AKA
Eric W. LeMay - none Kristy M. LeMay - none
The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec. 4904
relating to unsworn falsification to authorities
I hereby verify that the statemants made herein are true and correct to the best of my knowledge, information and belief
and that this affidavit of investigation is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unsworn
falsification to authorities.
~ ~~"?~
Default Express Services, INC. President
Sworn to and subscribed before me this 11 day of Oct 2004
NOTARIAL SEAL
Jocelyn Ruffo
Notary Public State of New Jersey
My Commision Expires Mar.2I, 2007
PUBLI
~ Default E)(p resa service. s, In.~.
. 13000 Route 73 Suite 107
FOIlI' Greentree Center
Marlton. NJ 08053
Phone: 856-985..3340
Fax: 856-985.3342
inf-ot;:i?defaulte)(pr....cl)m
=gl~~':f'..m:3~\1~~~~l~~:~~~~~";,~..f:.
...../IlAVrr
Report Results
SSN ISSUED-86
STATE ISSUED-VA
* 199 EQUIFAX INFORMATION SERVICES LLC,
,ATLANTA,GA,30374-0241,800/685-1111
POBOX 740241,
*LEMAY,ERIC,W SINCE 04/01/93 FAD 06/11/03
333,WALNUT DALE,RD,SHIPPENSBURG,PA,17257,TAPE RPTD
TELEPHONE NUMBER (717) 532-6013 SPEC 09/04
166,KLINE,RD,SHIPPENSBURG,PA,17257,TAPE RPTD 04/93
BDS-06/16/1972,SSS-229-37-4631
01 ES-FORK LIFT DRIVER,HOFFMAN MILLS INC
FN-216
07/95
Report Results
SSN ISSUED-75
STATE ISSUED-PA
* 199 EQUIFAX INFORMATION SERVICES LLC,
,ATLANTA,GA,30374-0241,800/685-1111
POBOX 740241,
*LEMAY,KRISTY,M SINCE OS/29/94 FAD 12/22/03 FN-312
333,WALNUT DALE,RD,SHIPPENSBURG,PA,17257,TAPE RPTD 07/95
TELEPHONE NUMBER (717) 532-6013 SPEC 07/04
166,KLINE,RD,SHIPPENSBURG,PA,17257,TAPE RPTD 09/95
129,MEADOW,DR,SHIPPENSBURG,PA,17257,TAPE RPTD 05/94
BDS-08/22/1971,SSS-179-54-9241
01 ES-COOK,EPISCOPAL HOME
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA
Green Tree Consumer Discount )
Company, )
)
Plaintiff, )
)
v. )
)
Eric W. LeMay, Kristy M. LeMay, )
Mallyna Ihabi and Mouhcine Ihabi, )
Defendants.
Civil Division
No. 04-5157 Civil Term
Motion for Service of Process
Regarding Defendant Eric W. LeMay
Pursuant to Rule 430 of the
Pennsylvania Rules of Civil Procedure
CERTIFICATE OF SERVICE
I, Erin P. Dyer, certify that on October 17, 2005, I served a copy of the Motion for
Service of Process Regarding Defendant Eric W. LeMay Pursuant to Rule 430 of the
Pennsylvania Rules of Civil Procedure and proposed Order of Court on the Defendants via
United States First Class Mail, Postage Prepaid at the address indicated below.
Eric W. LeMay
17010 New Market Road
Timberville, VA 22853
Mallyna Ihabi
72 Winchester Gardens
Carlisle, PA 17013
By:
L\Green Tree\Lemay, Kristy & Eric\MAS Eric leMay.wpd
Kristy M. LeMay
8057 Roxbury Road
Shippensburg, PA 17257
Mouhcine Ihabi
72 Winchester Gardens
Carlisle, PA 17013
Erin P. Dyer, Esquire
PA ID Number: 52748
Attorney for Plaintiff
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
t?
C:::"
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~
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17
I
\
.
'j-
RECEIVED
OCT 2 4 l005
If~NNS LV IA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN
Green Tree Consumer Discount
Company,
)
)
)
)
)
)
)
)
)
Plaintiff,
v.
Eric W. LeMay, Kristy M. LeMay,
Mallyna Ihabi and Mouhcine Ihabi,
Defendants.
Civil Division
No. 04-5157 Civil Term
Motion for Service of Process
Regarding Defendant Eric W. LeMay
Pursuant to Rule 430 of the
Pennsylvania Rules of Civil
Procedure
ORDER FOR SERVICE
AND NOW, to wit, this
~2..b .~d;yof2005, upon
consideration of the Motion for Service of Process Regarding Defendant Eric W. LeMay
Pursuant to Rule 430 ofthe Pennsylvania Rules of Civil Procedure and the within Affidavit
of Erin P. Dyer, Attorney for Green Tree Consumer Discount Company, it appearing that
a good faith investigation and effort to locate Defendant Eric W. LeMay has been made by
Plaintiff, it is hereby
ORDERED that service of the Notice of Sheriffs Sale, Writ of Execution, and any
other pleadings in this case requiring personal service on Defendant Eric W. LeMay shall
be made by:
I
\
,
Required (Xl Not Required ( l
The Sheriff of Cumberland County shall post
copies of the Notice of Sheriff's Sale, Writ of Execution, and any other pleadings in this
case requiring personal service on Defendant Eric W. LeMay on the most public part ofthe
property subject to foreclosure located in Southampton Township, Cumberland County at
333 Walnut Dale Road, Shippensburg, Pennsylvania 17257 (address of property);
Required (Xl Not Required (l
The Plaintiff shall forward copies of the Notice of
Sheriffs Sale, Writ of Execution, and any other pleadings in this case requiring personal
service on Defendant Eric W. LeMay by regular mail and certified mail (service to be
completed upon mailing) to his last known address in the Commonwealth of Virginia at
17019 New Market Road, Timberville, Virginia 22853; and/or;
Required ( l Not Required (Xl
Publication pursuant to Rule 430(b).
J.
/
L:\Green Tree\Lemay, Kristy & Eric\MAS Eric LeMay.wpd
..".1
:..':
;:-)
:'
~ ..~
.~_ i
i:.:': '--.J
,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
v.
Eric W. LeMay, Kristy M. LeMay,
Mallyna Ihabi, and Mouhcine Ihabi,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Civil Division
No. 04-5157 Civil Term
AFFIDAVIT OF SERVICE EVIDENCING SERVICE OF THE NOTICE OF SHERIFF'S
SALE AND WRIT OF EXECUTION ON DEFENDANT ERIC W. LEMAY PURSUANT
TO ORDER OF COURT
ERIN P. DYER, Attorney, being duly sworn according to law, deposes and says that
he makes this affidavit on behalf of the within Plaintiff, being so authorized avers that
Defendant Eric W. LeMay was served with the Notice of Sheriff's Sale and Writ of
Execution by certified mail and regular mail via certificate of mailing with service complete
upon mailing on November 1, 2005, at 17019 New Market Road, Timberville,
Virginia 22853. Copies ofthe United States Postal receipts regarding service are attached
hereto as Exhibit "A"
On November 2, 2005, the Sheriff of Cumberland County posted the property
subject to foreclosure with the Notice of Sheriff's Sale and Writ of Execution in lieu of
personal service on Defendant Eric W. LeMay.
Service was effected in accordance with the Order for Service entered by the
Honorable Edgar B. Bayley on October 26, 2005. A copy of the Order for Service is
attached hereto as Exhibit "8." This statement is made subject to the penalties of
18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
Respectfully submitted,
e:::-....~
...~
Erin P. Dyer, Esquire
PA 10 Number: 52748
Attorney for Plaintiff
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
U1
.-'l
CJ
U1
U.S. Postal Service",
CERTIFIED MAil,,,, RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
CJ
CJ
CJ Return Recelpt Fee
CJ (Endorsement Required)
o Restricted Delivery Fee
...D (Endorsement Requlred)
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USE
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Certlfled Fee
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Total Postage & Fees $
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U.S. POSTAL SERVICE
CERTIFICATE OF MAILING
_. -~
A.ft.ixf~herejnt';tamps
-~ 09'mefl! postage and
.t-.. 'postmark.Jnquireof
. ostmifter for current
ee.
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAlL, DOES NOT
PROVIDE FOR INSUAANCE-POSTMASTER
ReceJvedFrom:
DYER lAW FIRM. P.C. ~ ~o"!,
A/lvI/leIS and COUflSol/Gf8"llt~.,~ f') ~.
574'J r.E~T!;!1'; AV~N.U~-:-^~~ '~~~ ~'
PITTSBURGH, PA;?^,S20It :o\t:>\ I /~- -"
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PS Foem 3817, Janumy 2001 bT lMY\f\Y ~(L'\-:,;SwE.
EXHIBIT "A"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN
Green Tree Consumer Discount
Company,
)
)
)
)
)
)
)
)
)
Plaintiff,
v,
Eric W. LeMay, Kristy M. LeMay,
Mallyna Ihabi and Mouhcine Ihabi,
Defendants.
Civil Division
No. 04-5157 Civil Term
Motion for Service of Process
Regarding Defendant Eric W. LeMay
Pursuant to Rule 430 of the
Pennsylvania Rules of Civil
Procedure
ORDER FOR SERVICE
AND NOW, to wit, this
&. ))Jf))) 1!v. !(()Q5
,
day of 2005, upon
consideration of the Motion for Service of Process Regarding Defendant Eric W. LeMay
Pursuant to Rule 430 ofthe Pennsylvania Rules of Civil Procedure and the within Affidavit
of Erin P. Dyer, Attorney for Green Tree Consumer Discount Company, it appearing that
_ a-goodfaith-investigation-andefforUO-locate-Def€lRdant-Erie-W. LeMay-has been made-by - -- -
Plaintiff, it is hereby
ORDERED that service of the Notice of Sheriff's Sale, Writ of Execution, and any
other pleadings in this case requiring personal service on Defendant Eric W, LeMay shall
be made by:
EXHIBIT "B"
CCC ~-J':V
Required (Xl Not Reauired ( ) The Sheriff of Cumberland County shall post
copies of the Notice of Sheriff's Sale, Writ of Execution, and any other pleadings in this
case requiring personal service on Defendant Eric W, LeMay on the most public part of the
property subject to foreclosure located in Southampton Township, Cumberland County at
333 Walnut Dale Road, Shippensburg, Pennsylvania 17257 (address of property);
Required (Xl Not Required () The Plaintiff shall forward copies of the Notice of
Sheriff's Sale, Writ of Execution, and any other pleadings in this case requiring personal
service on Defendant Eric W. LeMay by regular mail and certified mail (service to be
completed upon mailing) to his last known address in the Commonwealth of Virginia at
17019 New Market Road, Timberville, Virginia 22853; and/or;
Required ( l Not Required (X)
Publication pursuant to Rule 430(b).
BY THE COURT:
L:\Green Tree\Lemay, Kristy & Eric\MAS Eric LeMay.wpd
.
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cr. .<(
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND } SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriffs Deed in which Green Tree C D C is the grantee the same having been sold to said grantee
on the 7th day of Dec A.D., 2005, under and by virtue of a writ Execution issued on the l7ih day of
May, A.D" 2005, out ofthe Court of Common Pleas of said County as of Civil Term, 2004 Number
5157, at the suit of Green Tree C D C against Eric W LeMay Kristy M LeMay, Mallvna Ihabi &
Mouhcine Ihabi is duly recorded in Deed Book No. 273, Page 376.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this
2\
day of
;j;
I j,~4'.. ,\ d
,AD. ;K'{l G
't?J'"'o
() ,~);~\
,
c~J
lRecorder of Deeds
RO<:<lnfer '" Deeds, CUmbe!tand Calmly, CortIoIo, I'A
My Commlsoion Expires the FiIIll.!clndilY of Jon. ;
,
,
AMENDED RETURN
Green Tree Consumer Discount Company
VS
Eric W. LeMay, Kristy M, LeMay,
Mallyna lhabi and Mouhcine Ihabi
The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No, 2004-5157 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
made a diligent search and inquiry for the within named defendant, to wit: Eric W,
Lemay, but was unable to find him in his bailiwick at 166 Kline Road, Shippensburg, PA
17257, The house located at 166 Kline Road in Shippensburg, Pennsylvania has been
demolished. Per the postal carrier, the defendant moved to 17010 New Market Road,
Timberville, VA 22853,
R, Thomas Kline, Sheriff, who being duly sworn according to law, states that he
served the within Real Estate Writ, Notice of Sale and Description in the following
manner: The Sheriff mailed notice of the action by certified mail, return receipt
requested, restricted delivery, deliver to addressee only, to the within named defendant, to
wit: Eric W, Lemay at his last known address of 17010 New Market Road, TimbervilIe,
V A 22853, This letter was mailed under the date ofJuly I 1,2005. The unopened letter
was returned to the Sheriffs Office on July 19,2005 marked "Unclaimed."
Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that
on June 22, 2005 at 7:52 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: Mayllyna Ihabi and Mouhcine lhabi, by posting the
premises located at 333 Walnut Dale Road, Shippensburg, Cwnberland County,
Pennsylvania, pursuant to order of court, according to law.
R, Thomas Kline, Sheriff, who being duly sworn according to law, states that he
served the within Real Estate Writ, Notice of Sale and Description in the following
manner: The Sheriff mailed notice of the action by certified mail, return receipt
requested, restricted delivery, deliver to addressee only, to the within named defendant, to
wit: Mallyna Ihabi at her last knO\\!TI address of 72 Winchester Gardens, Carlisle, P A
17013, This letter was mailed under the date ofJune 17,2005, The unopened letter was
returned to the Sheriffs Office on June 28, 2005 marked "Unclaimed."
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he
served the within Real Estate Writ, Notice of Sale and Description in ihe following
manner: The Sheriff mailed notice of the action by certified mail, return receipt
requested, restricted delivery, deliver to addressee only, to the within named defendant, to
wit: Mouhcine lhabi at his last known address of 72 Winchester Gardens, Carlisle, P A
17013. This letter was mailed under the date of June 17,2005. The unopened letter was
returned to the Sheriffs Office on June 28, 2005 marked "Unclaimed."
R, Thomas Kline, Sheriff, who being duly sworn according to law, states that he
made a diligent search and inquiry for the within named defendant, to wit: Kristy M.
LeMay, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff
of Franklin County, Pennsylvania, to serve the within Real Estate Writ, Notice of Sale
and Description, according to law,
~
rl~
,..J 0
JC' ~
\
Uc..~11$\
;).... .'7~"':t....'V
Franklin County Return: And Now, July 01, 2005 at 8:55 o'clock AM, served the
within Real Estate Writ, Notice of Sale and Description upon Kristy M, LeMay, by
making known unto her personally at 8057 Roxbury Road, Shippensburg, PAl 7257, So
answers: Robert B. Wollyung, Sheriff of Franklin County, Pa,
Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states
that on July 15, 2005 at 4:13 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
Eric W. LeMay, Kristy M. LeMay, Mallyna Ihabi and Mouhcine Ihabi, located at 333
Walnut Dale Road, Shippensburg, 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 ofthe pendency of the action to the within named
defendant, to wit: Eric W. LeMay, by regular mail to his last known address of 17010
New Market Road, Timberville, VA 22853, This letter was mailed under the date of
August 05, 2005 and never returned to the Sheriffs Office.
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 named
defendants, to wit: Mayllyna Ihabi and Mouhcine Ihabi, by regular mail to their last
known address of 333 Walnut Dale Road, Shippensburg, P A 17257. These letters were
mailed under the date of August 05, 2005 and never returned to the Sheriffs Office.
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 named
defendant, to wit: Kristy M, LeMay, by regular mail to her last known address of 8057
Roxbury Road, Shippensburg, P A 17257, This letter was mailed under the date of
August OS, 2005 and never returned to the Sheriffs Office.
Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that
on November 02,2005 at 5:25 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 defendani, to wit: Eric W, LeMay, by posting the premises located at
333 Walnut Dale Road, Shippensburg, Cumberland County, Pennsylvania, pursuant to
order of court, according to law,
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 7, 2005 at 10:00 o'clock A,M, He sold the same for
the sum of$1.00 to Attorney Erin Dyer for Green Tree Consumer Discount Company, It
being the highest bid and best price received for the same, Green Tree Consumer
Discount Company of 105 Bradford Rd., Suite 200, Wexford, P A 15090, being the buyer
in this execution, paid to SheriffR. Thomas Kline the sum of$I,133.36,
Sheriffs Costs:
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
Law Library
Prothonotary
Mileage
Certified Mail
Levy
Surcharge
Out of County
Posting
Law Journal
Patriot News
Postpone Sale
Share of Bills
Distribution of Proceeds
Sheriffs Deed
$30,00
20,83
15,00
15.00
30.00
10,00
,50
1.00
48.00
18.97
15,00
50,00
9,00
12,00
437,00
317.36
20.00
18.20
25,00
40,50
$1,133.36
Sworn and subscribed to before me
2006, A.D,
So Answers:
If~~ ~Af<: f!/-fl.4P
R, Thomas Kline, Sheriff
BY, /O~ )-rvUl-~
Real Estate Sergeant
I
>
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
v,
Eric W. LeMay, Kristy M. LeMay,
Mallyna Ihabi, and Mouhcine Ihabi,
Defendants,
)
)
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No, 04-5157 Civil Term
AFFIDAVIT PURSUANT TO RULE 3129.1
Green Tree Consumer Discount Company, Plaintiff in the above action, sets forth,
as of the date the Praecipe for the Writ of Execution was filed, the following information
concerning the real property located in the Township of Southampton, County of
Cumberland and Commonwealth of Pennsylvania at 333 Walnut Dale Road,
Shippensburg, Pennsylvania 17257, being identified as Parcel Number 39-13-0106-101,
being more fully described in a Deed dated June 28, 1995, and recorded August 10, 1995,
among the land records of the county and state set forth above, in Deed Book Volume 126
at Page 590, See attached Exhibit "A"
1, Name and address of owners or reputed owners:
Name:
Eric W. LeMay
Eric W, LeMay
166 Kline Road
Shippensburg, PA 17257
(
..
Name:
Kristy M. LeMay
Kristy M, LeMay
333 Walnut Dale Road
Shippensburg, PA 17257
Kristy M. LeMay
8057 Roxbury Road
Shippensburg, PA 17257
Mallyna Ihabi
72 Winchester Gardens
Carlisle, PA 17013
Mouhcine Ihabi
72 Winchester Gardens
Carlisle, PA 17013
Name:
Kristy M. LeMay
Name:
Mallyna Ihabi
Name:
Mouhcine Ihabi
2. Name and address of Defendants in the judgment:
Name:
Eric W. LeMay
Name:
Mouhcine Ihabi
Eric W. LeMay
166 Kline Road
Shippensburg, PA 17257
Kristy M. LeMay
333 Walnut Dale Road
Shippensburg, PA 17257
Kristy M, LeMay
8057 Roxbury Road
Shippensburg, PA 17257
Mallyna Ihabi
72 Winchester Gardens
Carlisle, PA 17013
Mouhcine Ihabi
72 Winchester Gardens
Carlisle, PA 17013
Name:
Kristy M. LeMay
Name:
Kristy M, LeMay
Name:
Mallyna Ihabi
3. Name and address of every judgment creditor whose judgment is a record
lien on the real property to be sold:
Name:
Green Tree Consumer Discount
Company
Green Tree Consumer Discount Company
Stonewood Commons III
105 Bradford Road, Suite 200
Wexford, PA 15090
,
4.
record:
.'
Name and addresses of the last recorded holder of every mortgage of
Name:
Green Tree Consumer Discount
Company
Name:
Citifinancial, Inc.
Name:
Citifinancial, Inc,
Name:
Citifinancial, Inc.
5,
property:
Green Tree Consumer Discount Company
Stonewood Commons /II
105 Bradford Road, Suite 200
Wexford, PA 15090
Citifinancial, Inc.
244 S. Fayette Street
Shippensburg, PA 17257
Citifinancial, Inc,
P.O. Box 17170
Baltimore, MD 21203
Citifinancial, Inc.
c/o C T Corporation Systems
1635 Market Street
Philadelphia, PA 19103
Name and address of every other person who has any record lien on the
Cumberland County Tax Office:
Cumberland County Tax Claim
Bureau
Southampton Township Tax
Office:
Vivian F. Coy, Tax Collector
Shippensburg Area School
District Tax Office:
Vivian F. Coy, Tax Collector
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17013
Vivian F, Coy, Tax Collector
Southampton Township Tax Office
200 Airport Road
Shippensburg, PA 17257
Vivian F. Coy, Tax Collector
Shippensburg Area School District Tax Office
200 Airport Road
Shippensburg, PA 17257
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:
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:
None
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, Section 4904 relating to unsworn
falsification to authorities.
Dated:
Mav 10. 2005
,...~-~~
.>~"> ',. -.,', '. ~.....;.."",..;.;~
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Erin P. Dyer, Esquire
PA 10 Number: 52748
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
- .-4.
,
(
10-1114:" 04 13: 31 FROM-
Ott-UNuu( 11 :(3;1/1 Frlllll"PREllltK AIISlIlACT
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I-'UI P.UUlIUU~ ~.I~
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S/llIIII:!A:UAWII.IlMI\Y,I1l/Idb
!';~::;.I;:: ;w, ':1~OLEl\
R(CQlIl)~n OF Of!:DS
~U:49E:llL~:IO COUIITY-i'A
rllltPI*lI.D, No. g9-13-o106-10f.95 AUlllD AM 11 ,~2
THlJl DEED
..
MADE THIS 2.8 day of June in the year of Oot Lord one thDUSlllld nine Jwndrcd ninety-Jive
(1995).
,
BETWEt-:N LARRY D. ME/J1J8 IIIId BONNIE ..It MEUVS. bl>SbaDd and wife, of 333
Walnut Dale Road, Shippensbulg, l'e1ulsylvalli.. heninalier refened 10 lIS GtanblIS
AND EJUC W. LEAUY8IIdJUUSTY M. l.EM;4y, husband and wi1io. of 129 meadow
Drive. Shippensbur:g. PonnsylYliliA. u IeIlaIItS by \he entill!ty,ltereinafiEr rclared to
~~~ .
\V1'mESSE'lll. ~ Co! and in COD!ideratiOll oltho I\IIIl 0&1&.000.00) DIIllIn'~
~ IlaLI.A1lS AI!ID GO II!!' - - '- -~1Il lIMit- paid, tile receipt wben:of is b=by
.:laIowltdged, lhe said G.....IOIS do hl:reby ~r IDd convey, In lee SImple III lhe: Sllid Gnmtcc.t, as
tenants by the entirety, tbclr hciI:s aM 1lSsi&l.s.
ALL tbIP: ~ par;eI of land sil\llllJl in the Townsbip of SolllhamplOll, Cumbcrlanci County,
Ponlll)'lv'u\i.. btinll Lot No.2 on a Subdivision Pion oCLawt. Eo Jf~"', Slid plBII being n:eardcd
irI tho Olliec 1br the Reeorder of:Dceds in awI,for C\Jn1bcrllllld Counr,y, Penna)'lnnia, in Plan Book
62, at PIlle 30, more 11111)' bolmded 11II4 clcsl1l'ibod u follows, ID wit
BEGJNlolJNG at a nu1road spiI;D io Ih<: centerliDc of Walnut Dale Rod (TOWJllIhip Route 323), at
the _ oCLOI No.3 011 alblUllld Subdivi!lion PIlIO; 1hcn" by said tot No. 3, Sau1h f'or\y-SCVCIl
(47) d~ ~t)l-tbllr (14) n1imn1os ilnty.llOVDft (47) .eeonds East, two hlllllllBll tl:A and ZI:IO
hllndrodlh. (210.00) _10 a set don pill in'cnher lands now ar fotmed1 ofLqom E. Han...ok;
theooa by IBid ll\Ild$ ofHucock, SOIlIh fbrly-iiva (4S) dcsc-Ihlny-tbtee (33) millUles t1fl7.onc
(SI) ~n<B Well, CWO hllndred..... 8lId 2IlI1J hundredtld (210.00) CeellO lIII iton pin D1 eoar DC
lund. now or 1'otmeriy ot J8lIIDI E.. au; tbonc:c by saidlOllds of On and lands now or fmmerly DC
Pearl M. HGu, Ncnh forty.sev=n (47) dc8fCCIlWenIy-fbur (24) mIIIu~ folly-lEWD (47) secollds
WIl8l, tWo !unlcbed.1I:Iland 2l:ID bundrcddII (210.00) 1Cel to a woodClllloat: tIwlee North finty-flw
(45) degtet! tbirW-thma (33) seCOllds fifty-ollll (SI) ~1\dI East, lWO h1lllllred ten and =0
hwdlBlllll! (210.00) fl:at to alllilmlll Ipike, at .:orner oCtol No. 2, the pIa;e ofDEClINNlNG.
CONT AlN'ING 44,040 ICI-- teet (1.011 acres).
I SUBJECT 10 0 right-or-way twlmt)'-f1vl (25) teel In wldlll de:dillllled '" the widening ofWalll1ll Dale
Rood.
EXHIBIT "A"
,
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1~-~4-'~4 13:31 FROM~
Ot:t-uNDO( lI:(Jam ~rDm-l'IQ:llltK AIl~IIIA~1
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I-~U' ~.UUI/VU~ .-~..
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BEIN01be _1\III1....whIdI t&lIraE. ~.Ibll'llc -. by bt:r deed damclJil'c"""'" 21,
N~l. ..d recorded III CumbClrIlGd CouIIl.y Deed lIook .Z", Volumcl 34. It Page 651, conveyed 10
Lany D, Melluo; the aid 1.11")' D. MaliUlIs nOW mamecllo Donnie K. Melius, who IoCClbg- Ii'll
doe Oramoa herein. ,
Ancl the said OmnIOlS hereby covenant and agRt IIw theywUl wmanupcclaUy the JlI1IPCRy I
bereby CDDVe)'ed.
IN WIlNESS WHEREOF, Clramors hsv"heteunlO oet1htlr bandl8IId lellJ die day IIId year
~tSl above writlM. ..
Signed. Sealed and Dolivered
io1l1lc PlUC400 of
.f-h r...... if(
_D, (\11 i.
n r~,-\.~t.ti
..
() r(i\..JI..l~li
.
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LonyD. ius
r.-/J~.."c' :Jr ~I.. ~
Bollllie K.. Melius
l:. . .
Co
t
t
~fi'~l II~~~ f !O'
-ai 5; 'iO'
~ f tol i ~ it
il ~~ ::8 i
i~~8 ~ l:
tD i
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:ll -
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
v,
Eric W. LeMay, Kristy M. LeMay,
Mallyna Ihabi, and Mouhcine Ihabi,
Defendants,
)
)
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No. 04-5157 Civil Term
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO Pa,R.C.P. 3129.2
TO: Eric W. LeMay, Kristy M. LeMay, Mallyna Ihabi, and Mouhcine Ihabi,
Defendants
All Other Parties in Interest
TAKE NOTICE:
That a Writ of Execution issued out of the Court of Common Pleas of Cumberland
County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be
exposed to Public Sale at the
Cumberland Countv Courthouse. One Courthouse Square. Carlisle. Pennsylvania 17013.
(Address)
Date: September 7. 2005
Time: 10:00 AM.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly
consisting of a statement ofthe measured boundaries of the property, together with a brief
mention of the buildings and any other major improvements erected on the land.
(SEE DESCRIPTION ATTACHED)
THE LOCATION of the property to be sold is:
Township of Southampton, County of Cumberland and Commonwealth of
Pennsylvania at 333 Walnut Dale Road, Shippensburg 17257, being identified as Parcel
Number 39-13-0106-101
With a MANUFACTURED HOME situate thereon of which the OWNERs OR
REPUTED OWNERs are:
Eric W. LeMay, Kristy M, LeMay, Mallyna Ihabi, and Mouhcine Ihabi
THE SAID WRIT OF EXECUTION has been issued as a JUDGMENT in the
Mortgage Foreclosure action of:
Green Tree Consumer Discount Company Civil Division Number: 04-5157 Civil
Term
v.
Eric W. LeMay, Kristy M. LeMay, Mallyna
Ihabi, and Mouhcine Ihabi
at Execution Number:
in the amount of $43,766.66 plus
additional costs and interest.
A SCHEDULE OF DISTRIBUTION, being a list ofthe persons and/or governmental
or corporate entities or agencies being entitled to receive part of the proceeds of the sale
received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and
municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days
after the sale and distribution of the proceeds of sale in accordance with this schedule will,
in fact, be made unless someone objects by filing exceptions to it within ten (10) days of
the date it is filed.
Information about the Schedule of Distribution may be obtained from the Sheriff of
the Court of Common Pleas of the within County at the Courthouse address specified
herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY.
IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU,
IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO
PAY THE JUDGMENT.
You may have legal rights to prevent your property from being taken away, A
lawyer can advise you more specifically ofthese rights, If you wish to exercise your rights,
YOU MUST ACT PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOWTO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
32 S, Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
v,
Eric W. LeMay, Kristy M, LeMay,
Mallyna Ihabi, and Mouhcine Ihabi,
Defendants,
)
)
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No. 04-5157 Civil Term
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1 ' You may file a petition with the Court of Common Pleas of the within County
to open the judgment if you have a meritorious defense against the person or company
that has entered judgment against you, You may also file a petition with the same Court
if you are aware of a legal defect in the obligation or the procedure used against you,
2. After the Sheriff's Sale you may file a petition with the Court of Common
Pleas of the within County to set aside the sale for a grossly inadequate price or for other
proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS
DELIVERED,
3. A petition or petitions raising the legal issues or rights mentioned in the
preceding paragraphs must be presented to the Court of Common Pleas of the within
County. The petition must be served on the attorney for the creditor or on the creditor
before presentation to the court and a proposed order or rule must be attached to the
petition.
If a specific return date is desired, such date must be obtained from the Court
Administrator's Office - Civil Division, of the within County Courthouse, before a
presentation of the petition to the Court.
~~~~
'"~--~.'''''. ..' ~.. ,..;;,-
,-"-:;~~'-:~c::":o..~-.;~ r~~~~~'"'"""<-~
_"C _.~--' _: ",
Erin P. Dyer, Esquire
PA ID Number: 52748
Attorney for Green Tree
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
-~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
v,
Eric W. LeMay, Kristy M. LeMay,
Mallyna Ihabi, and Mouhcine Ihabi,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No, 04-5157 Civil Term
LONG PROPERTY DESCRIPTION
ALL that certain parcel of land situate in the Township of Southampton, Cumberland
County, Pennsylvania, being Lot NO.2 on a Subdivision Plan of Laura E, Hancock, said
plan being recorded in the Office for the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Plan Book 62, at Page 30, more fully bounded and described as follows,
to wit:
BEGINNING at a railroad spike in the centerline of Walnut Dale Road (Township Route
323), at the corner of Lot NO.3 on aforesaid Subdivision Plan; thence by said Lot No, 3,
South forty-seven (47) degrees twenty-four (24) minutes forty-seven (47) seconds East,
two hundred ten and zero hundredths (210.00) feet, to a set iron pin in other lands now or
formerly of Laura E. Hancock; thence by said lands of Hancock, South forty-five (45)
degrees thirty-three (33) minutes fifty-one (51) seconds West, two hundred ten and zero
hundredths (210.00) feet to an iron pin at corner of lands now or formerly of James E. Ott;
thence by said lands of Ott and lands now or formerly of Pearl M. Hess, North forty-seven
(47) degrees twenty-four (24) minutes forty-seven (47) seconds West, two hundred ten and
zero hundredths (210.00) feet to a wooden post; thence North forty-five (45) degrees thirty-
three (33) seconds fifty-one (51) seconds East, two hundred ten and zero hundredths
(210.00) feet to a railroad spike, at corner of Lot No.2, place of BEGINNING.
CONTAINING 44,040 square feet (1.011 acres),
SUBJECT to a right-of-way twenty-five (25) feet in width dedicated to the widening of
Walnut Dale Road.
BEING the same real estate which Larry D. Melius and Bonnie K, Melius, husband and
wife, by deed dated June 28, 1995, and recorded on August 10, 1995, in Cumberland
County Deed Book Volume 126, at Page 590, conveyed to Eric W. LeMay and
Kristy M, LeMay, husband and wife,
Parcel Number 39-13-0106-101
~~:~~ "~
Erin P. Dyer, Esquire
PA 10 Number: 52748
Attorney for Green Tree
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
WRIT OF EXECUTION a\,d/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-5157 Civil
CIVIL ACTION - LAW
TO THE SHERlFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due GREEN TREE CONSUMER DISCOUNT COMP ANY,
Plaintiff (s)
From ERIC W. LEMAY, KRlSTY M. LEMAY, MALL YNA lHABI AND MOUHCINE lHABI
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION
(2) Yon 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 issned; (b) the garnishee(s) is enjoined from
paying any debt to or for the acconnt 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 $38,764.21
L.L. $.50
Interest FROM 10/2/04 THROUGH 5/9/05 (BASED ON 200 DAYS AT THE CONTRACT RATE
OF 10.03, 9.73 PER DIEM) - $1946.00
Atty's Comm %
Due Prothy
$1.00
ATTYS FEES THROUGH 5/9/05-
Atty Paid $492.31 Other Costs
$2,000.00 AND COSTS THROUGH 5/9/05 $1,056.45
Plaintiff Paid
Date: MAY 17, 2005
CURTIS R. LONG
(Seal)
ProthOd;
~: t'Vl C'
f? ~/7/YJ--
Deputy
REQUESTING PARTY:
Name ERIN P DYER, ESQUIRE
Address: 5743 CENTRE AVENUE
PITTSBURGH, PA 15206
Attorney for: PLAINTIFF
Telephone: 412-361-1000
Supreme Court ID No, 52748
Real Estate Sale #68
On June 16,2005 the Sherifflevied upon the
defendant's interest in the real property situated in
Southampton Township, Cumberland County, PA
Known and numbered as 333 Walnut Dale Rd.,
Shippensburg, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: June 16,2005
By: .Jochj Jifllu}f')
Real Estate Deputy
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THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No, 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot News Co" a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market
Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-
News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market
Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established
March 4th, 1854, and September 18th, 1949, respectively, and all bave been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published
in their regular daily and/or Sunday/ Metro editions which appeared on the 19th and 26th day(s) of July and the 2nd
day(s) of August 2005, That neither he nor said Company is interested in the subject matter of said printed notice or
advertising, and that all of the allegations of this statement as to the time, place and cbaracter of publication are true;
and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co, aforesaid by virtue and pursuant to a resolution unanimously passed
and adopted severally by the stockholders and board of directors of the said Company and subse uently duly
recorded in the office for the Recording of Deeds in and for said County of Dauphin in Misce e s Book "M",
Volume 14, Page 317.
COpy
S ALE #68
b abeMs 16th day of
f;
PUBLICATION
Sworn to and subsc
NOTARY PUBLIC
My commission 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
317.36
REAL ESTATE lIALE No. 118
Writ No. 2Q04.lj157
ClvIlTenn
Green Tree Con8umeI DI8count
COmpany
Va
Eric W.l.eMay, KrlaIy M. leMay,
Mallynalh8bl and Mouhclna IhabJ
Any: ErIn Dyer
DESCRIPTION
ALL tbatcertain patiefOflandsituate in the
Township of.SoutbballlpIon, Cumberland COllllIy.
Pennsylvania. being.'Ult No.2 on a Subdivision
Plan of Lawa E, Hancock, said plan bemg
reconi<dindleOf/irefocdleRe<onIerofDeols in
and fur Cumberland Coonty,l'enn$ylvania, in Plan
Book 62, ~ Page 3(), more fully bounded and
described as fuDows, to wit
BEGINNING at a railroad spike in the
,.....rune of Walnut Dak Rood (fownsbip Roote
323), at the comer of Lot No.3 on aforesaid
Subdivision Plan; theuce by said to< No, 3,SooIh
forty seven (47) <Iog= twenly four (24)_s
furty seven (47) seconds East, two hundred ten and
zero lumdredtIis (21000) feet; to a set iroIl pin in
other lands now or formerly of Laura E.
Handcock; theuce by said lands of _k.
Soulh furty five (45) degrees thirty three (33)
minutes fifty one (51) seconds West, two lumdred
ten and __ (21000) fuel to au iron
pin at comer of lands now or formerly of James E.
Ott; l:beuce by said lands ofOttand lands now or
fmmerly of Pearl M, Hess. Nodh furty seven (47)
<Iog= twenly four (24) minutes furty seven (47)
seCOl1ds West, two hundred I'eB and zero
hun_(210oo)kel to. wOOden post, thence
Nortbfurty.five (45) degrees thirty three (33)
seconds fifty one (51) seconds East, two hundred
tenaud_~(21Ooo)fi:etto.raiIroad
spike, at comer" ~ Lot No.2, place of
BEGJNNlNG, .
CONfAINJNG44l14O opmre fuel (1 Dll acres).
SUBlECf to a right-of.WaY twenly five (25)
fuel iu width dedicared to die wIdening of Walnut
Dak Road,
BEING the same real estate which I..arry D.
Melius and Bonnie [(, Ma6us, husband and wife,
by deed dated Juue 28, 1995,.and _ on
Nogust 10. 1995, in Cumberland County D<<d
Book Volume 126. at Page 590,conveyed to Eric
W, LeMay and Kristy M, LeMay, husband and
wife.
P_Nundler39-lJ-OI06-101
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and Siate aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
V1Z:
July 15, 22, 29, 2005
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and thai all allegations in the foregoing
statements as to time, place and character of publication are true,
SWOR TO AND SUBSCRIBED before me this
29 day of Julv. 2005
NOTARiAl SEAL
LOIS E. SNVDER, Notary Public
Carhsle Boro. Cumberland County
Mv Commission Expires March 5. 2009
REAL ESTATE SALE NO. 68
Writ No, 2004-5157 Civil
Green Tree Consumer
Discount Company
VS,
Eric W. LeMay,
Kristy M. leMay,
Mallyna !habi and
Mouhcine Ihabi
Atty.: Erin Dyer
WNG PROPERlY DESCRIITION
ALL that certain parcel of land
situate in the Township of Southam-
pton, Cumberland County, Pennsyl-
vania, being Lot No.2 on a Subdivi-
sion Plan of Laura E, Hancock, said
plan being recorded in the Office
[or the Recorder of Deeds in and
for Cumberland County, Pennsylva-
nia, in Plan Book 62. at Page 30,
more fully bounded and described
as follows, to wit:
BEGINNING at a railroad spike
in the centerline of Walnut Dale
Road (Township Route 323), at the
corner of Lot No. 3 on aforesaid
Subdivision Plan; thence by said Lot
No.3. South forty-seven (47) de-
grees twenty-four (24] minutes
forty~seven (47) seconds East, two
hundred ten and zero hundredths
(210.00) feet, to a set iron pin in
other lands now or fonnerly of Laura
E. Hancock; thence by said lands
of Hancock. South forty-five (45)
degrees thirty-three (33) minutes
fifty-one (51) seconds West, two
hundred ten and zero hundredths
(210,00) feet to an iron pin at cor~
ner of lands now or formerly of
James E. Oil; thence by said lands
of Ott and lands now or formerly of
Pearl M. Hess, North forty-seven
(47) degrees twenty-four (24) min-
utes forty-seven (47) seconds West,
two hundred ten and zero hun-
dredths (210.00) feet to a wooden
post; thence North forty-five (45)
degrees thirty-three (33) seconds
fifty-one (51) seconds East, two
hundred ten and zero hundredths
(210.00) feet to a railroad spike, at
corner of Lot No.2. place of BE-
GINNING.
CONTAINING 44,040 square feet
(1.011 acres).
SUBJECT to a right-of-way twen-
ty-five (25) feet in width dedicated
to the widening of Walnut Dale Road.
BEING the same real estate which
Larry D. Melius and Bonnie K. Mel-
ius, husband and wife. by deed dat-
ed June 28. 1995. and recorded on
August 10, 1995, in Cumberland
County Deed Book Volume 126, at
Page 590, conveyed to Eric W.
LeMay and Kristy M. LeMay, hus-
band and wife.
Parcel Number 39-13-0106-101.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Civil Division Number:
04-5157 Civil Term
v.
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)
)
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Mortgage Foreclosure
Plaintiff,
Eric W. LeMay, Kristy M. LeMay,
Mallyna Ihabi, and Mouhcine Ihabi,
Defendants.
AFFIDAVIT OF SERVICE ON LIENHOLDERS
Commonwealth of Pennsylvania )
)
County of Cumberland )
ERIN P. DYER, Attorney, being duly sworn according to law, does hereby state that
he is a person of such age and discretion as to be competent to serve papers; that on
July 11, 2005 he served a Notice of Sheriff's Sale of Real Estate pursuant to Pennsylvania
Rules of Civil Procedure 3129.2, inter alia, describing the property to be sold, its location,
the improvements, if any, the judgment of the court on which the sale is being held, the
name of the owner, and the time and place of sale by placing same in a postage paid
envelope first class mail, addressed to the persons who are hereinafter named, who are
or may be Lienholders on the real estate subject to sale, at the place and addresses stated
in Exhibit "A", by delivering or causing to be delivered said envelopes and contents to a
Post Office Employee at a United States Post Office at Pittsburgh, Allegheny County,
Pennsylvania, mailing via Certified Mail or Certificate of Mailing for each Notice and
obtaining the receipt for each, True and correct copies ofthe U,S, Postal Service Certified
Mail Receipts and PS Form 3817 Certificate of Mailing are attached hereto, marked Exhibit
"B" incorporated herein by reference thereto. True and correct PS Form 3811 Domestic
Return Receipts are attached hereto, marked Exhibit "C" incorporated herein by reference
thereto.
R~P~
EA~
Attorney for Green Tree
LIENHOLDERS ADDRESSES
Eric W. LeMay
166 Kline Road
Shippensburg, PA 17257
Kristy M. LeMay
333 Walnut Dale Road
Shippensburg, PA 17257
Kristy M. LeMay
8057 Roxbury Road
Shippensburg, PA 17257
Mallyna Ihabi
72 Winchester Gardens
Carlisle, PA 17013
Mallyna Ihabi
72 Winchester Gardens
Carlisle, PA 17013
Mouhcine Ihabi
72 Winchester Gardens
Carlisle, PA 17013
Mouhcine Ihabi
72 Winchester Gardens
Carlisle, PA 17013
Citifinancial, Inc.
244 S. Fayette Street
Shippensburg, PA 17257
Citifinancial, Inc.
P,O, Box 17170
Baltimore, MD 21203
Citifinancial, Inc.
c/o C T Corporation Systems
1635 Market Street
Philadelphia, PA 19103
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17013
EXHIBIT "A"
Vivian F, Coy, Tax Collector
Southampton Township Tax Office
200 Airport Road
Shippensburg, PA 17257
Vivian F, Coy, Tax Collector
Shippensburg Area School District Tax Office
200 Airport Road
Shippensburg, PA 17257
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72 Winchester Gardens
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. Attach this card to the back of the mailpiec6,
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1. Article Addressed to:
Eric W. LeMay
166 Kline Road
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1. Article Addressed to:
C. Date of Delivery
D. ]s delivery address different from item 1? 0 Yes
If YES. enter delivery address below: 0 No
Citifinancial, Inc.
244 S, Fayette Street
Shippensburg, PA 17257
3. i- rvice Type
Certified Mail
Registered
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DC,Q,D,
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2. Miele Number. ._ .
a:Jii11if&/ri-om~jCe fabeli' .
PS Form 3811, February 2004
;:c;T-
:"'<.-7005 0390 00110 73412759
Domestic Return Receipt 1025B5-02-M-154Q
SENDER: COMPLETE THIS SECTION
. Complete items 1,2, and 3. Also complete
item 4 jf Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Citifinancial, Inc,
P,O, Box 17170
Baltimore, MD 21203
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7005 0390 0000 7341 2766
10259S-Q2-M-1540
2, ... Arti_ClfJiN~rTlber
;'ftrari!/fer {/Pin ~,,:/ce label}
PS Form 3811 . February 2004
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A. Signature
x
B. Received by (Printed Name)
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If YES, enter delivery address below: 0 No
3~ Service Type
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DC,O,Q,
4. Restricted Delivery? (Extra Fee)
Domestic Return Receipt
DYes
SENDER: COMPLETE THIS SECTION
. Complete items 1, 2, and 3. Also complete
item 4 jf Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mail piece,
or on the front if space permits.
1. Article Addressed to:
Citifinancial, Inc,
C/O C T Corporation Systems
1635 Market Street
Philadeiphia, PA 19103
2. Article Number
(f ransfer from service fabeQ
PS Form 3811, February 2004
3, ~se ice Type
Certified Mail
Registered
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o Express Mail
o Retum Receipt for Merchandise
DC,O,D,
4. Restricted Delivery? (Extra Fee)
DYes
7005 0390 0000 7341 2773
Domestic Return Receipt
10259S-Q2-M-1540