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HomeMy WebLinkAbout04-5230 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. ] 2248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF CENDANT MORTGAGE CORPORATION 400] LEADENHALL ROAD MOUNT LAUREL, NJ 08054 COURT OF COMMON PLEAS CIVIL DNISION Plaintiff TERM NO. 04 -Q3D C!.~r..>~C-Tf12.J v. CUMBERLAND COUNTY BRUCIS M. CARTER 312 EAST NORTH STREET CARLISLE, PA 17013 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a wrilten appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #; 100723 File #: 100723 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 THA T YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL EST ATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION F/KJA CENDANT MORTGAGE CORPORATION ) CIVIL ACTION ) vs. ) CIVIL DIVISION ) NO. 04-5230 CIVIL BRUCIS M. CARTER AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) ss: I, DANIEL G. SCHMIEG, ESQUIRE attorney for PHH MORTGAGE CORPORATION F/K1A CENDANT MORTGAGE CORPORATION hereby verify that on 6/1/05 true and correct copies ofthe Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: August 4.2005 ~~CmnEG' Attorney for Plaintiff IRE PHn ",lORTGAGE CORPORATION FfKJA Ct.\n~.NT MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS CIVIL DIVISION mn r h\L CARTER NO. 04-5230 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) PHI! ~"lORTGAGE CORPORATION F/K1A CENDANT MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the hlecipe for the Writ of Execution was filed the following information concerning the real property located '.H ,312 EAST NORTH STREET, CARLISLE, PA 17013. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BRUCIS M. CARTER 312 EAST NORTH STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None , ;'i ame and address oflast recorded holder of every mortgage of record: "'-'_ _'i~":, Last Known Address (if address cannot be reasonably ascertained, please indicate) Nr~ne 5 .< :~, ,1 ': ind address of every other person who has any record lien on the property: NB!l!'-~' Last Known Address (if address cannot be reasonably ascertained, please indicate) Nom 6. Name and address of every other person who has any record interest in the property and whose inte'cs: nlay be affected by the sale. Nan, Last Known Address (if address cannot be reasonably ascertained, please indicate) Non!' 7. N"nlc and address of every other person of whom the plaintiff has knowledge who has any interest in the pimelty which may be affected by the sale: Nam~ Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occnpant 312 EAST NORTH STREET CARLISLE, P A 17013 Domi'stic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verity that the statements made in this affidavit are true and correct to the best of my personal know ledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. June L 2005 DATE ~jJ-..2~ DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff ~ 8 '3 i ~ ~ ~ ~ ~ 0 ~ ~ o ~ 0 \ ~ ~ ~ ~ ~ 2 ::l ~ o !. S?t Z .. ~ ..,; V'J ~ ;::; I') S?t 0 tr1 Z ~ ~ ~ ~ \ ~~\ ~H ~ ~ ;:; {/l S?t '5 ~ ~ ~ '" If'. tIl ~ ~ ~ ;:; ~ 0 25 ~ Ol {/l ~ ~ ~ ~ Y'" t~ ~ ~ ~ .\'I 9 ~ '" .... :>> cl .... ..... -.l '" ~ ..o-l ~.o R~ ..... .... ..... .... - ..... ~ ~ -.l ~ ~ ~ '" ,r. z V"< ... t,o..) t--> ~ 0 it ~s, \ "" .... r a " ~ ('I co % c: 3 a co .... u~ <2 '- ;\ ~ "'. ~a, ~ 0:>'. 0 ~a >. ~ ';il ~ w~ () -a' o~ ";i . ~~ .. ~ "Z % g ~ .. 5 ~ ~~t\ti1 08""'2 ~i~~~ ii\'i~\ ~ ; go' ~\;;;a,~ ~" - ~ 8g~ ~.'~~ ~. h1h UJH 8.'1 \ 0 <:.Vlg 13 ;t;'.!'$~ ~'~i1l~ ~\~;l a .W~. 0;9.. "g ~ . ff &\ Wi q:'i~ i ~... ;:>....% g. "'lb~ <:> ~ ",'Il ~- g%~~ ~~il H~i ~\ll ~ '" g :!i' -.:~. ~~i ",h~ g .. ... 0.." \ i i'~ g.lr~" -.:~ 8'1l ~~1';l ~lA''"d '* ~ ..... e. ~g' 0....'2. ....,l'l<.. <Il~a ~ (\\ ~ ~. '" .. -"'!: ~ l'l< ",_0'" g:~g~ ..-.l",~ Po ..... ' ~gg~ .r"rl()~ . . g ",7'\- ....~~r .....S..d I..Cn<-'l"'L... 'O~ ~ >. v.>_crZ ~....<::\<i' ooo~ .....~..<Il ..,.~o() t~g.~ ... 0 rn ,,"''' 0 - '" . ,;;,..0.' r g It . "d'- ~ ~~ ~ --uO :3 (p .}~'iSl'OSr~ Q __ -I - !!fli.r. ~iiifiIiiII"'- ~ "f1.v ~ pflt4'1 a,oWEs 02 11< $ 00.900 0004300311 JUN 01 2005 lo,\I>.\t.E.O FROM ZwCOOE 19100 D ~ ~ c..: ~ s:: ~ ii\~ ~l:JJ s'P <1') """'].'1 :B ~t-. I z, ~.- ~ '3 kt~J ".. -5~ 13;'(", :s ~ Z'C - 5>(::: - -'I ~ ., ~ c.Jl N - 1. Plaintiff is CENDANT MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) ofthe Defendant(s) are: BRUCIS M. CARTER 312 EAST NORTH STREET CARLISLE, P A 17013 who is/are the mortgagor(s) and real owner(s) ofthe property hereinafter described. 3. On 04/30/2001 mortgagor(s) made, execu1ed and delivered a mortgage upon the premises hereinafter described to CENDANT MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1701, Page: 426. By Assignment of Mortgage recorded 7/26/01 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 679, Page 3775. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/0112004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. fik #: J 00723 6. The following amounts are due on the mortgage: Principal Balance Interest 04/01/2004 through 1 0/1 8/2004 (Per Diem $16.84) Attorney's Fees Cumulative Late Charges 04/30/2001 10 10/18/2004 Cost of Suit and Tille Search Subtotal $80,831.37 3,384.84 1,250.00 216.14 $ 550.00 $ 86,232.35 Escrow Credit Deficit Subtotal 0.00 630.65 $ 630.65 TOTAL $ 86,863.00 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 86,863.00, together with interest from 10/18/2004 at the rate of $16.84 per diem to the date of Judgment, and other costs and charges collectible under 1he mortgage and for the foreclosure and sale of the mortgaged property. FEDERM D PHELAN, L~ By: IslFr n is . allinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 100723 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected situate in the First Ward of the Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows: ON THE North by East North Street; on the East by lot now or formerly of Mrs. Kate M. Daron; on the South by a 16 foot public alley; and on the Wes1 by lot now or formerly of Lester Keller, con1aining 24 feetS inches in front on said East North Street and extending at an even width 120 feet in depth to said public alley on the South, having thereon erected a 21/2 story brick dwelling house and necessary outbuildings, and known as No. 312 East North Street. BEING THE SAME PREMISES which David L. Myers and Tammy L. Myers, his wife, by their Deed dated October 9, 1992, and recorded October] 5, 1992, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 'X', Volume 35, Page] 16S, granted and conveyed unto Edgar J. Penner and Vickie D. Penner, his wife, Grantors herein. BEING NO. 312 EAST NORTH STREET File #: 100723 VERIFICATION MARC J. HINKLE hereby states that he is V.P. of CENDANT MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~fiJj DATE: /of5/Y p(J"'-l it. ~ ~ o ........ ~ ~ p ~ () ~ ~ ~ -D'"j CJ 8 .')1 C'") c:' :;:-' ,-'ij-'-; -. \.1.) ,', (_,1 (';"'.-. SHERIFF'S RETURN - REGULAR CASE NO: 2004-05230 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPORATION VS CARTER BRUCIS M DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CARTER BRUCIS M the DEFENDANT , at 2135:00 HOURS, on the 16th day of November, 2004 at 312 EAST NORTH STREET CARLISLE, PA 17013 by handing to BRUCIS CARTER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.40 .00 10.00 .00 35.40 So A;;~~ R. Thomas Kline 11/17/2004 FEDERMAN & Sworn and Subscribed to before By: PHELAN '7A/ ~ · P ~:/I4/n~ - Deputy Sheriff ~ me this !f - day of ~ :;<n>-j A.D. C/~~;ot~n~i!3'."~z) PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 [215) 563-7000 PHH MORTGAGE CORPORATION FIKJA CENDANT MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 CUMBERLAND COUNTY COURT OF COMMON PLEAS v. Plaintiff, CIVIL DIVISION BRUCIS M. CARTER NO. 04-5230 CIVIL Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem jUdgment in favor of the Plaintiff and against BRUCIS M. CARTER and, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 10/19/04 to 6/1/05 TOTAL $86,863.00 $3,805.84 $90,668.84 I hereby certify that (I) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) that notice has been given in aCcordance with Rule 237.1, copy attached. ]J~ fl A~ DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATE DATE: ~/-u)F ;( ~D6-S' I .. PHELAN, HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (2 J 'i) 'i1i1-7000 CENDANT MORTGAGE CORPORATION Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS Vs. : CIVIL DIVISION BRUCIS M. CARTER Defendants : CUMBERLAND COUNTy : NO. 04-5230-CIVIL TO: BRUcrS M. CARTER 312 EAST NORTH STREET CARLISLE, PA 17013 DATE OF NOTICE: M A V 11 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOu IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOu HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY, TIns CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HA VE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEy AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, P A ] 7013 (800)990-9108 ...,1 ""'" ., . \ .\ oJ'" 1a..u.:.- ,f,1!aJt4;,-, FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ~ ... " .. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 {US) 563-7000 PHH MORTGAGE CORPORATION FIK/A CENDANT MORTGAGE CORPORATION 4001 LEADENHALL ROAD ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS v. Plaintiff, CIVIL DIVISION BRUCIS M. CARTER NO. 04-5230 CIVIL Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the Provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant BRUCIS M. CARTER is Over 18 years of age and resides at, 312 EAST NORTH STREET, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ J!xf~';;K DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff t ~ r:J :2 , ~ C> D ,-.> -- --l::. (~::.) 0 ~ ~ <'-:..J .1 ~ ~ ~fl ..... ,- i: hl ~ ~ <~-- j "\7 C) :b i --.. N ~ ~ -I- ; -'- -*',' - -I--- f= ( ) --... -..- , .. ?:? (".) .. (Rule of Civil Procedure No. 236) _ Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LA W PHH MORTGAGE CORPORATION F/KJA CENDANT MORTGAGE CORPORATION 4001 LEADENHALL ROAD CUMBERLAND COUNTY COURT OF COMMON PLEAS v. Plaintiff, CIVIL DIVISION BRUCIS M. CARTER NO. 04-5230 CIVIL Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ' JI..l..l \~;/. 20US" If you have any questions concerning this matter, please Contact: It'JI-fr DANIEL G. SCHMIEG, ES VlRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "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 CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." . ~ (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 PHH MORTGAGE CORPORATION FIK/A CENDANT MORTGAGE CORPORATION Plaintiff, v. BRUCIS M. CARTER No. 04-5230 CIVIL Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 6/1/05 to SEPTEMBER 7, 2005 (per diem -$14.90) $90,668.84 $1,460.20 and Costs TOTAL $92,129.04 'it~.$ J~~ DANIEL G. SCHMIEG, ES One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA /9103-1814 Attorney for Plaintiff Note: Please attach description of property. No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It ma not be Sold in the absence of a re resentative of the laintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ... .... 0 r- .... < ~ roJ" ... 00. ...$ <Z ~ o~ Z u gs 0 ,.; ~;;. ..... ~s .... S 1-<;;:: ;;J S:oo. U -d So ~ ~~ .... 0) ZZ S~ 00. ~ OZ I-< I-< ::s ::c: ~~ S '" '" ...s ::: l2 0) .~ ~ . ou o .. ~ ,!:J - o~ ~tS u .. ~ 0 ?i' .... ... ,;, ~~ I-< Z S UZ 0< ;. ~ ~;, ...;;J .... '" U" 00. ~ I:l 00 tSl2 ..... ~:" ~~ g. ....U U 0"" I-< p.. ~~ <0 ~ ... Q J~ .... 0) ,,~ 1-<6 .... ~ ~ ... 8; l2.... ~ ..... 0; !l31-< o~ U ~ '" ~ 0) ....~ ~~ .i:;j ! ::C:Z ~ .~ ~;;J ::C:I-< ~ ~ U ~u 1 A (0 ~~ --t .. ~ - :: - 1 - ~ ~ - - ,1..1 .---- ':.) ~.I: ...- "1; '-}:; - - ~ ~ C-J ~ - - ...j --:d~ - r- ~ I ~ - ..;, ~ ~ tLL_;-l :.:;::; r=-, I I 'r\\ ~ --) I ~ :::r ~ ~ If".) (j G 0 <J (J \) LL ~ G ~ 0 c::;;) <J ::;- l.J) a G c ~ ::::r- - N lil :(" ~ ui \.n 0- ~ ..... ~ t -(Y) V) ~ ~ 't?- '&} ...... -... '-l "'- ( . ALL THAT CERTAIN lot of grOUnd willi the improvements thereon erected SilUale in lhe FirS! Ward of lbe Borough of Carlisle, Coumy of Cumberland and State of Pennsylvania, bOUlkled and described as follows: DESCRIPnQ\Y ON TIlE North by Ease Nonh SIteet; 011 the EaIOt by lot !lOW or fonncrJy of Mrs. Kale M. Daroa; on the South by a 16 fOOl public alley; and on Ihe West by lor now or fonnerly of Lester Keller, COnlaining 24 feet 8 inches in from of said Ba,t Nonh Street and eXlaiding at an even width 120 feet in depth to said public alley on the South, having tlu.reon Cl'ecl:ed a 2 112 story brick dwelling house aDd necessary OUlhui/aings, and IcnOW11 as No. 312 East North Street. Tax Parcel #02-21-0318-141 RECORD OWNER ll'I'LE TO SAfD PRPl.rlSES IS VF-STED IN Brucis M. Carter, single WOIllllJ1 by Deed from F.dgar J. Penner and Vickie D. Penner, husband and wIfe, daltld 4/3012001 and recorded 5/4/2001 in Deed Book 244, Page 156. PREMISES BEING: 3/2 EAST NORTH STREET, CARLISLE, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5230 CiviI CIVIL ACTION - LA W TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION FIK/A CENDANT MORTGAGE CORPORATION, Plaintiff(s) From BRUers M. CARTER (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 ofthe 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 $90,668.84 L.L. $.50 Interest FROM 6/1/05 TO 917/05 (PER DIEM - $14.90) _ $1,460.20 AND COSTS Arty's Comm % Due Prothy $1.00 Atty Paid $1l7.40 Plaintiff Paid Date: JUNE 2, 2005 Other Costs (Seal) CURTIS R. LONG Prothonotary 0 7n ,----Bv: L2,n~~ .~" (~Lr-- Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court In No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION ]6] 7 JOHN F. KENNEDY BLVD., SUITE ]400 PHILADELPHIA, PA ]9]03-]8]4 (215) 563-7000 ATTORNEY FOR PLAINTIFF PHH MORTGAGE CORPORATION FIKIA CENDANT MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS v. Plaintiff, BRUClS M. CARTER CIVIL DIVISION NO. 04-5230 CIVIL Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage () non-owner occupied () vacant o Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Jt~JlJ~ DANIEL G. SCHMIEG, ES Attorney for Plaintiff - - C) -,"I r"....i , (,..,) , PHH MORTGAGE CORPORATION FIKJA CENDANT MORTGAGE CORPORATION CUMBERLAND COUNTY v. Plaintiff, COURT OF COMMON PLEAS BRUCIS M. CARTER CIVIL DIVISION Defendant(s). NO. 04-5230 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) PHH MORTGAGE CORPORATION F/KJA CENDANT MORTGAGE CORPORATION, P",",;,r", fu, 'bo" "boo, by ;" '"on"", DANIEL G. SCHMIEG, ESQUIRE, "" forth ~ oflli, dot, fu, Prn",;"., fo, fu, Wri, ofE",,,t;oo "" mol fu, fOllowi", iofo~,ti"" "'"'=''''fu, ,'" prop,,", located at ,,312 EAST NORTH STREET. CARLISLE. P A 17013 . 1. Name and address ofOwner(s) or reputed Owner(s): Name BRUCIS M. CARTER Last Known Address (if address Cannot be reasonably ascertained, please indicate) 312 EAST NORTH STREET CARLISLE, PA 17013 2. Name and address ofDefendant(s) in the jUdgment: Same as above 3. N"", md '~t knoW" "'dre~ of "''''Y j"dgmffit croli'o, who" j"dgm,", ;, , 'oco", bffi 00 fu, "'" property to be sold: Name None Last Known Address (if address Cannot be reasonably ascertained, please indicate) . ~ 4. Name and address oflast recorded holder of every mortgage of record: Name None Last Known Address (if address Cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address Cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address Cannot be reasonably ascertained, please indicate) 7. N"", ~d ""dro~ of ""'" olli~ P""'o of whom lli, pl';o",n~ lmowl""" who "" ~y '0'''", io the property which may be affected by the sale: Name Tenant/Occupant Last Known Address (if address Cannot be reasonably ascertained, please indicate) Domestic Relations of CUmberland Couuty 312 EAST NORTH STREET CARLISLE, P A 17013 Commonwealth of Pennsylvania Department of Welfare 13 North Hanover Street CarliSle, PA 17013 PO Box 2675 HarriSburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal ,"ow ledg, " iofo"",,,oo ~d b,b'f I """""'" lli" "'re '''''''''''''' b=,o "" ,""" ,"bjoc, " lli, penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. June 1. 2005 DATE ~ ~..R~ DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., smTE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION BRUCIS M. CARTER NO. 04-5230 CIVIL Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage () non-owner occupied () vacant o Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. =.!{d~1RE Attorney for Plaintiff .- ,,",,' '-.::' C~ , C_..:.. '" ('..J"' (.--~ I N 7"'" j':] (...:; '-, .. ,. PHH MORTGAGE CORPORATION FIKIA CENDANT MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY No. 04-5230 CIVIL v. BRUCIS M. CARTER Defendant(s). June I, 2005 TO: BRUCIS M. CARTER 312 EAST NORTH STREET CARLISLE, P A 17013 "THIS FIRM IS A DEBT COLLECTOR AlTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN AlTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" Your house (real estate) at, 312 EAST NORTH STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $90,668.84 obtained by PHH MORTGAGE CORPORATION FIKIA CENDANT MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. , Y" m,y - '" "tom"" '0 "''''' "'"' righbe Th, ""'e~ y<>, '0''''', ,,~ lli, more 'h""" Y<>' wiIJ he., of "ppieg lli, ,,,,. (S" """" oe p'g, Iwo on how", ''''me '" ~tom'Y.) You MAY SULL BE ABLE TO SAVE YOllRPROPERTY AND YOU HAVE OTHEB RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. t lilli, SheriJr, S", i, "" ._, y<>m pmp"",, win he ml' to lli, high~lbidd~. Y" ""'y find out the price bid by calling 1215) 563- 7000. 2. Y" ""'y he ""eto POi"" lli, CO"" to m, '"do tho "", iflli, hid pri" w" gm~,y inadequate compared to the value of your property. 3. 11" "", will .e thro'gh oe'Yif lli, hn", N" tho Sheriff lli, full """"'" 'oe ie lli, "",. T, find out if this has happened, you may call (717) 240-6390. 4. ff lli, """"'" 'oe from lli, B,,,, i, e", pm' '0 'Ire SheritT, Y<>' will m"",,, lli, OWn~ of th, property as if the sale never happened. 5 . V" ""'" lli, righ, to mm"" ie lli, pmp'rt,,,,,,,, lli, full ""0"'" "'" i. pm' to lli, Sheriff "" lli, Sheriff g;.~ e '''''' '0 lli, h,ye,. At lli" tim" tho h,,,, m,y hrieg I,,,. """""'"," 10 ""'" you. 6. Y" - b"e"tl'" to e - oilli, m""" whi,h w" po"" Y<>m h"m. A mh""", of di",ib,"" of lli, motrey bid f" Y<>m bo,,, will he fil", by tho Sheriff withie 30 ,," of lli, "",. Thi. """"I, wili "", who wiIJ he '",'i"'e. lli" m,,'Y. Th, m""" will he P>i' '" ie ~onl"", willi lli i, mh""", "",m. ~,'Ptio", (m"", why lli, pm"",,,, die1rib"i" i, wmeg) "" fi '''' willi lli, Sheriff within ten (10) days after the distribution is filed. 7. Y" mm ,,'" "'., olli~ righ" "'" "f..~, " w,,, of g""eg Y<>"' hom, b"" ify<>, '" immediately after the sale. YOu SHOULD TAKE TRlS P AI'ER TO YOllR LAWYER AT ONCE, IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFoRD ONE, GO TO OR TELEPHONE l1IE OFFICE USTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 'MPORT ANT NGT'CE, Thi, pro"""" " "'~ at the di"""on 01 the plaintiff. It may not he "'~ In the ah",noe 01 am '''eotative 01 the 'aintiff a' the Sheriff, Sale. The ",te mn" he "'''tpone, DO ,taye, In the "eot tha' a "'''"''''nta'ive ofthe plain6ff I, no, P"'''''n, a' the ""e. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 , , iA T CERTAIN lot of grOUnd wiIh the improVements tftereou erected sill1a1e ilIlhe Firs! Ward ;" BorOUgh of Carlisle, County of Cumberland and Stare of Pennsylvania, boUDded and described ",W8; DH8CRwr{O~ . ,i E Norlh by EaSt Norlb Street; on the EaJl by lot JlOw or fOl1lle1:Jy of MI'll. Kale M. DarOll; 011 '''tn by a 16 foot public alley; and on the West by lot now or formerly of Lester Keller, containing ,<", 3 inches in front of said East Norlb Street and extending at an even widlh 120 feet In depth 10 ,.hlie alley on the South, having thereon erected a 2 112 &tory brick dwelling house alld neces!lllry Ii "lJngs, AIkIlcllown as No. 312 East North StreeI. : " J'arcel #02-21-0318-141 RECOIID OWNER : [n./;: TO SAID PREMIS!lS IS VF"STJm R! Brucis M. Carter, siDgIe woman by Deed from '0' 1. Penller and VIckie D. Penner, husband and Wife, dated 413012001 and recorded 514/2001 i',:d Book 244, Page: 156. "!<'eMISES BEING: 312 EAST NORTH STREET, CARLISLE, PA 17013 .. :::' I....) C..::..- c; ~, ';::J' -Tl '--- -l \:---- -r fii 1 ..:"' f0 .;::; L:: >.< 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 PHH Mtg Corp fka Cendant is the grantee the same having been sold to said grantee on the 7th day of Sept A.D., 2005, under and by virtue of a writ Execution issued on the 2nd day of June, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 5230, at the suit ofPHH Mtg Corp fka Cendant Mtg Corp against Brucis M Carter is duly recorded in Sheriffs Deed Book No. 271, Page 2969. IN TESTIMONY WHEREOF, I have hereunto set my hand -t/( and seal of said office this ---1:;,/(J day of (P-d 1 1 ltP/!E;; Recorder of Deeds .~.. R oj Deeds, Cumbertond County, CorlIIle, "" My mmission Expifes the First Mond8y of.lan. 2lIOI PHH Mortgage Corporation f/k1a Cendant Mortgage Corporation VS Brucis M. Carter The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-5230 Civil Term Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on June 29, 2005 at 8:42 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Brucis M. Carter, by making known unto Brucis Carter, personally, at 312 East North Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on July 12, 2005 at 6:08 0' 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 Brucis M. Carter, located at 312 East North Street, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Brucis M. Carter, by regular mail to his last known address of 312 East North Street, Carlisle, PA 17013. This letter was mailed under the date of July 05, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 7, 2005 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg for PHH Mortgage Corporation f/kla Cendant. It being the highest bid and best price received for the same, PHH Mortgage Corporation f/k1a Cendant of 3000 Leadenhall Road, Mount Laurel, NJ 08054, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of$757.83. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary $30.00 14.86 15.00 15.00 30.00 10.00 .50 1.00 Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $ 7.70 2.55 15.00 20.00 275.00 238.52 18.20 25.00 39.50 757.83 Sworn and subscribed to before me So Answers: This "~dayof~ ~~~~c:.//~ R. Thomas Kline, Sheriff 2005, A.D. BY <cdtJVvu..lh Real Estate epu1y Prothonotary v~ :"0 "'-~I!J'" ~ ~/'OV tj.., ;U eft.. S J:>7;V ~ /70152 - I , , " ,AGE CORPORATION FIKlA CEl'i" ,q ~ORTGAGE CORPORATION' CUMBERI~AND COUNTY Plaintiff, COURT OF COMMON PLEAS CIVIL DIVISION BRUCT~ CARTER NO. 04-5230 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) PHH MORTGAGE CORPORATION F/K1A CENDANT MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,312 EAST NORTH STREET, CARLISLE, PA 17013 . 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BRVCIS M. CARTER 312 EAST NORTH STREET CARLISLE, P A 17013 2. Name and address of Defendant(s) in the jndgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None ,~ , 4, ", '~1 C and address of last recorded holder'of every mortgage of record: Nall1~ Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record in1erest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 312 EAST NORTH STREET CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in 1his affidavit are true and correct to the best of my personal know ledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. June L 2005 DATE ~ )f..2~ DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff , i' TGAGE CORPORATION FfK/A ;ViORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY No. 04-5230 CIVIL BR \1. CARTER Defendant(s). June 1, 2005 TO ERUCIS M. CARTER " 2 EAST NORTH STREET CARLISLE, PA 17013 rws FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBT, ,C: WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANi "'reY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOUW NOT BE CONSTRUED TO BE AN A' /,,1,01' TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY... Your house (real estate) at, 312 EAST NORTH STREET, CARLISLE. PA 17013. is sche,,,,,d to be sold at the Sheriffs Sale on SEPTEMBER 7, 2005 at 10:00 a.m. in the Cumberland Cou 'Jurthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $90.','20':.:''1 obtained by PHH MORTGAGE CORPORATION FfKlA CENDANT MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will b,> made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU ~;lA.Y BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. , You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale ifthe bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only ifthe buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 , DESCRIPrlON ALL THAT CERTAIN lot of ground wilh the improvements Ihereou erected silUate in Ihe First Ward of the Borough of ClIrlillle, County of Cumberland and State of Pennsylvania, bounded and described as follows: ON THE Norlh by East Nortb SlIeet; on the Ea~t by lot now or fonnerly of Mrs. Kall: M. Dllroo; on the South by a 16 foot public alley; and on Ibe W~t try lot now or fonnerly ofLest<:r Keller, containing 24 feet 8 iIIChes in front of said &&t Nortb Street and extending at an even widlh 120 feet in depth to said public alley on the South, baying thereon erected a 2 112 story brick dwelling house and necessary outbuildings, ana known as No. 312 Easl No1'lh Street. Tax Parcel #02-21-0318-141 RECORD OWNER TITLE TO SAID PREMISES IS VESTED ~ Brucis M. Carter, single woman by Deed from FAgar J. PenllCl' and Viclde D. PeDDel', busband and wife, dated 4/3012001 and recorded 5/412001 in Deed Book 244, Page 156. PREMISES BEING: 312 EAST NORTH STREET, CARLISLE, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5230 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION F/KJA CENDANT MORTGAGE CORPORATION, Plaintiff (s) From BRUCIS M. CARTER (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 ofthe defendant (s) or otherwise disposing thereof; (3) Ifproperty 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 $90,668.84 L.L. $.50 Interest FROM 6/1105 TO 917105 (PER DIEM - $14.90) - $1,460.20 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $117.40 Plaintiffpaid Date: JUNE 2, 2005 Other Costs CURTIS R. LONG (Seal) proth02 {) ~ ,,---By: CJ;J.-, " '/2/7 ,r..r-- Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #55 On June 10,2005 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, P A Known and numbered as 312 East North Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 10, 2005 By~ocL,-{ j~th Real Estate 'Deputy ~ ~ c::::::j ~ frii:u b 1] :Of '1/ [- (mf SOOI i " .:.".j! ,~j .:"; I :, :1 .~i'! ) . . 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 have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 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 character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verilY this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy S ALE #55 . , Sworn to and s s .bed befon 16th day of NOTA: Y 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 238.52 REAL ESTATE SALE No. 55 Writ No. 2004-5230 CIvil Tenn PHH Mo"- Corporatlon flkJa Candanl Mo"- CorporatIon Va Brucla M. Cartar Ally: Denial Schmieg DESC!lIPllON 0_". AIL TIIAT CERfAIN lot of groond with the improvementS. thereon erected situate in the FU'St Ward of 1Ilo lkotwP of Clrlisle, C-'Y of c-.-udSllleol~._ 101I_._ ONlIE_IIyIllol/ld_....EaII 1Iy1ot_"~oI*.~II.~.. the Sooth by a 16footpoblic alley; oo~br lot now or formerly ofLesrer Keller,cotDidilg 24 feet 8 incites in front of said East North Street and extending at an e\'en width 120 feet in depth to said public alley on !be South, having lbereon erected a 2'/, story brict dwelling house and necessary outbnildings, and known as No. 312 East North Street. Tax P""I #02-21-U318.141. TInE TO SAID PREMISES is vested in Brueis M. Carter. single woman by Deed from FAg>< J. _ ond Vgp, D. _. hosbaod ond wife. dared 4I3lI/2001 aod recorded 5/412001 ioll<edBool<244.Pagel56. PREMISES BEING 312 East North S"""t, Carlis1e,PA17013. . . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: 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 that all allegations in the foregoing statements as to time, place and character of publication are true. c-- \ ~. SWORN TO AND SUBSCRIBED before me this 29 day of Julv. 2005 NOTAR l SEAL LOIS E. SNYDER, Notary Public Car6sle Boro, Cumberland County My Commission Expires March 5. 2009 REAL ESTATE SALE NO. 55 Writ No. 2004-5230 Civil PHH Mortgage Corporation, fjkja Cendant Mortgage Corporation VS. Brucls M. Carter Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected situate in the First Ward of the Borough of Carlisle. County of Cumberland and State of Pennsyl- vania, bounded and described as follows: ON THE North by East North Street; on the East by' lot now or formerly of Mrs. Kate M. Daron; on the South by a 16 foot public alley; and on the West by lot now or for- merly of Lester Keller, containing 24 feet 8 inches in front of said East North Street and extending at an even width 120 feet in depth to said public alley on the South. having thereon erected a 2 1/2 story brick dwelling house and necessary out- buildings, and known as No. 312 East North Street. Tax Parcel #02-21-0318-141. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Brucis M. Carter, single woman by Deed from Edgar J. Penner and Vickie D. Penner, hus- band and wife, dated 4/30/2001 and recorded 5/4/2001 in Deed Book 244, Page 156. PREMISES BEING: 312 EAST NORTH STREET. CARLISLE. PA 17013.