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HomeMy WebLinkAbout04-6456 PHELAN HALLINAN & SCHMIEG, LLP 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 CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY 1111 NORTHPOINT DRIVE BUILDING 4, SUITE 100 COPPELL, TX 75019 COURT OF COMMON PLEAS CIVIL DIVISION TERM . . Plaintiff NO. tJ'f- ftJI5iP ~ v. CUMBERLAND COUNTY FAYM.BOYCHOCK GEORGE M. BOYCHOCK 37 EAST LOUTHER STREET CARLISLE, P A 17013 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR 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, P A 17013 (800)990-9108 File #: 99533 File #: 99533 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY 1111 NORTHPOINT DRIVE BUILDING 4, SUITE 100 COPPELL, TX 75019 2. The name( s) and last known address( es) of the Defendant( s) are: FAY M. BOYCHOCK GEORGE M. BOYCHOCK 37 EAST LOUTHER STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 06/24/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1763, Page: 558. 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 07/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 99533 6. The following amounts are due on the mortgage: Principal Balance Interest 06/01/2004 through 12/21/2004 (Per Diem $23.55) Attorney's Fees Cumulative Late Charges 06/24/2002 to 12/21/2004 Cost of Suit and Title Search Subtotal $88,413.86 4,804.20 1,250.00 114.40 $ 550.00 $ 95,132.46 Escrow Credit Deficit Subtotal 0.00 0.00 $ 0.00 TOTAL $ 95,132.46 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant( s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 95,132.46, together with interest from 12/21/2004 at the rate of $23.55 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP ' ~~/~ By: Is/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 99533 LEGAL DESCRIPTION ALL that certain tract ofland and the improvements thereon erected situate in the First Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern side of East Louther Street on the line of land now or formerly of Harvey M. Stelgleman; thence along the latter, a distance of 169.5 feet, more or less, to a point on the line of land now or formerly of Ruth Snowden; thence eastwardly along the latter, a distance of 14 feet, more or less, to a point on the line of land now or formerly ofW. Ritter Adams and Jean R. Adams; thence southwardly along the latter and through the center of a common alley or passageway, a distance of 189.5 feet, more or less, to a point on the northern side of East Louther Street; thence westwardly along the latter, a distance of 14 feet to a point, the Place of BEGINNING. Being No. 37 East Louther Street File #: 99533 VRRTFTCA TTON TERESA SKINNER hereby states that he/she is NORTHEAST REGIONAL MANAGER of CITIFINANCIAL MORTGAGE COMPANY, INC. mortgage servicing agent or Plaintiff in this matter, that he/she 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 /her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~ DATE 1'7/~ ~ ~:-) .........) c- .- --; (', ........ ~ --. I ;_":1 --I ~ . 1 .. ~-t ~~: ::, i'~, -:--, :.:'J ~~ ~. ....... "-'\ ~ ~ ~ ~ ~ ~ ~ \c) ~ ~ ~ ),B \& ~ ~ ,~ ~ ~ 7} . ~;. I," i ::..; .~~ .," ,. <.. :~; ,. . to, ,. . .\ SHERIFF'S RETURN - REGULAR CASE NO: 2004-06456 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIFINANCIAL MORTGAGE CONSUME VS BOYCHOCK FAY M ET AL RON KERR , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BOYCHOCK GEORGE M the DEFENDANT , at 2048:00 HOURS, on the 30th day of December, 2004 at 37 EAST LOUTHER STREET CARLISLE, PA 17013 by handing to BOSCO M PINTO, ROOMMATE, ADULT IN CHARGE 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: 6.00 .00 .00 10.00 .00 16.00 'r~(~~~~J R. Thomas Kline 01/19/2005 FEDERMAN & PHELAN Sworn and Subscribed to before By: ~ Ie Deputy Sheriff ~ me this ;J.lJ'- day of LJt.Vf~ ~1.'tJ <{ A. D . l ~ I {J)Jq <-€~L. , .tt!f'Zf -/ othonota~ry I -.. SHERIFF'S RETURN - REGULAR CASE NO: 2004-06456 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIFINANCIAL MORTGAGE CONSUME VS BOYCHOCK FAY M ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BOYCHOCK FAY M the DEFENDANT at 1539:00 HOURS, on the 18th day of January 2005 at 8 SPRINGFIELD AVENUE APT 1 NEWVILLE, PA 17241 by handing to FAY BOYCHOCK a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 8.88 .00 10.00 .00 24.88 So Answers: .......~~......(,.,~; ,V/!? f"'" ,';:":1:.<,'--;-';'P~,>F!< ,,"r~~ ~ R. Thomas Kline 01/19/2005 FEDERMAN & PHELAN Sworn and Subscribed to before By: L'---/f/."'~ Deputy Sheriff / / me this ;l if e day of C~"a7 d){/7):J ~ A.D. L~1~ a 'rnAe.e~./1~ jp othonotary . ..... SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-06456 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIFINANCIAL MORTGAGE CONSUME VS BOYCHOCK FAY M 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 BOYCHOCK GEORGE M but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , BOYCHOCK GEORGE M 8 SPRINGFIELD AVENUE APT 1 NEWVILLE, PA 17241 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge So answers: 6.00 .00 5.00 10.00 .00 21.00 "". -" ."-- L (..-<' R. Thomas Kl ineC Sheriff of Cumberland County FEDERMAN & PHELAN 01/19/2005 Sworn and subscribed to before me this 14 e day of 9-1A.Hhl cJtJ1){ A.D. pr~IZt~y 0 'rvt-tiL, J~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-06456 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIFINANCIAL MORTGAGE CONSUME VS BOYCHOCK FAY M 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 BOYCHOCK FAY M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , BOYCHOCK FAY M 37 EAST LOUTHER STREET CARLISLE, PA 17013 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 3.70 5.00 10.00 .00 36.70 So answers: C,-) ;-*' "~- ~;r-" c .<: " " <. R. Thomas Kline Sheriff of Cumberland .") ") County FEDERMAN & PHELAN 01/19/2005 Sworn and subscribed to before me this j1 r e day Of~l ;Jt...U/ A.D. ~fdjlt~, . ~ AFFIDAVIT OF SERVICE CUMBERLAND CO TY PLAINTIFF CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY PIT No. 04-6456 CIVIL DEFENDANT(S) FAY M. BOYCHOCK GEORGE M. BOYCHOCK ACCT. #5000347602 SERVE GEORGE M. BOYCHOCK AT 37 EAST LOUTHER STREET CARLISLE, PA 17013 Type of ActioD_ .. Notice of Sheriff's Sale Sale Date: JUNE 8, 2005 , SERVE~ Co Ie: Served and made known to Gc> 0 (-C) i:.. ;-1, ISo y c L , Defendan~ on the ,2002at 4; 0 O. o'clock -fm. at :3 7 ~I to v {t" e (l 'Sit,) , Cnmmonwealth of Pennsylvania, in the manner described below: /'"" tC, .7 day of C(7K\\S\~. d-(:..cl, .'/. Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside( s). Agent or person in charge of Defendant(s)'s office or usual place of business. . an officer of said Defendant(s)'s company. o,~;;>L,; .Iv't /J...! i iI'J-V<-l I<;j< \ k IJ Other: r, I. -I qt'lt Description: Age.:1!L Height~ Weight ~O Race..!:lk:l..Sex~ Other /JcJ I, .lo-lZ-e.i-JC ~ l, ;;> .-~r~etentadul~ being duly sworn according to law, depose and state th personally handed a true and correc copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued captioned case on the date and at the address indicated above. ... 1 :}', ',Z- ~)t d-SSC" S I the Sworn to and subscribed before me this b3:tbday ~. of'7rl~lC, 1~.2005 ~, I ...~t.., Notary: '--+. ../ Lz... r+ (?cot -1 By: . ..{.+oU.uc u >:{l PLEASE ATTEMPT SERVICE AT LE T 3 IMES. INDI~ ATTEMPTED. NOTARIAL SEAL LUCUE H. CARTY, 1l ,F . Nov. NOT SERVED On the day of .200_. at o'clock _.m., Defendant NOT FOUND bec use: Moved Unknown No Answer Vacant 1 sl Attempt: / / Time: 2nd Attempt: f f Time 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of . 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire.. I.D. No. 62205 (') ~ 0 ,~ (". c-.;:J -0 .-,' cf' ::;I , $. )~.~ ~,_~11 /oj p1.-r:07. .-c r-n I'-' ~pQ (.0) ':~;~~ " . 1~):;4;1. "?:; <:-? ::-..... :p: ~ '..>-"') -~ ~ A_ ---------------- CUMBERLA !COUNTY PJT " AFFIDAVIT OF SERVICE PLAINTIFF CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY No. 04-6456 CIVIL DEFENDANT(S) FAYM.BOYCHOCK GEORGE M. BOYCHOCK ACCT. #5000347602 SERVE FAY M. BOYCHOCK AT 8 SPRINGFIELD AVENUE, APT. 1 NEWVILLE, PA 17241 Type of Action~ - Notice of Sheriff's Sale Sale Date: JUNE 8, 2005 SERVED -di Servedandmadeknownto f;j fl. (~lcLockDefendan~onthe h day of at 5': 11, O'clockfm., atl U i '<.. \ J. ' e., fj ~, i }J of Pennsylvania, in the manner described below: ~Defendant personally served. Adult family member with whom Defendant( s) reside( s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charlie of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: -:;-';;J" II Height.m- WeightW Race tJ hSex F Other '1 )'d-: >"1:"_ (lJ- <:L lI'competent adul~ being duly sworn according to law, depose and state th of She iff's Sale in the manner as set forth herein, issued in the captioned " fOO ;> vJ VI Ie...- , Cormnonwealth Sf' 5 I personally handed e on the date and at Sworn to and subscribe<kJ befoue this $ dW' of ~c.l., 2005 M/) NOtary',~(/1L:---,tJlffvt1:.. By: ~ PLEASE ATIEMPT SERVIcl!: AT LEAST 3 TIMES. IND CATE DATE NOTARIAL SEAL LU91llE 11. CI.~ ~"X PublIc "Ii ,.JrW.in County My .10,2007 TIEMPTED. NOT SERVED day of . 200~ at o'clock ~.m, Defendant NOT FOUND be use: On the Moved Unknown No Answer Vacant 151 Attempt: I I Time: 2.' Attempt: I I Tim 3rd Attempt: I I Time: Sworn to and subscribed before me this _ day of . 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - tD. No. 62105 C) t'_: :;!r'. ~,' o c:;;J <J' ::r:: ~ ,-.:l (;J z. . -~ -0 o -n ::;:I., f11~': -ern :~)C? e)e; -.;:~:g '~~~ f~ o .--l ~~) :-< '::' .::- f'.) 1 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST AnON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563.7000 CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY 1111 NORTHPOINTDRIVE, BUILDING 4, SUITE 100 COPPELL, TX 17019 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 04-6456 CIVIL v. FAY M. BOYCHOCK GEORGE M. BOYCHOCK 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 FAY M. BOYCHOCK and GEORGE M. BOYCHOCK, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 12/21/04 to 3/1/05 TOTAL $95,132.46 $1,672.05 $96,804.51 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. ~G~ DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff DAMAGES ARE JffiREBY ASSESSED AS TNnrCATED. 1- DATE: (YI;:MrJ.. :~ ~ (t77f~ ..J J)_ I PRO PROTHY ~ PHELAN, HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Sclunieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (71') ,(i,-7000 CITIFINANCIAL MORTGAGE CONSUMER: COURT OF COMMON PLEAS DISCOUNT COMPANY Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY FAYM. BOYCHOCK GEORGE M. BOYCHOCK Defendants : NO. 04.6456-CIVIL TO: GEORGE M. BOYCHOCK 37 EAST LOUTHERSTREET CARLISLE, P A 17013 DATE OF NOTICE: FIi:RRHARV II 7.665 THIS FIRM IS A DEBT COLLECfOR ATTEMPTING TO COLLECf A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECf A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plamtiff , PHELAN, HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (J I ,) ,1i~-7000 CITIFINANCIAL MORTGAGE CONSUMER: COURT OF COMMON PLEAS DISCOUNT COMPANY Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY FAY M. BOYCHOCK GEORGE M. BOYCHOCK Defendants : NO. 04-6456-CNIL TO: FAYM.BOYCHOCK 8 SPRINGFIELD AVENUE APT. 1 NEWVILLE, P A 17241 DATE OF NOTICE: FFRRTl A RY R. 2005 THIS FIRM IS A DEBT COLLECfOR ATTEMPTING TO COLLECf A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECf THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR TIlAT PURPOSE.IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECf A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR 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 IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PAl 70 13 (800)990,9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2004-06456 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIFINANCIAL MORTGAGE CONSUME VS BOYCHOCK FAY M ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BOYCHOCK FAY M the DEFENDANT at 1539:00 HOURS, on the 18th day of January 2005 at 8 SPRINGFIELD AVENUE APT,l NEWVILLE, PA 17241 by handing to FAY BOYCHOCK 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 Aff idavi t Surchar,?e 6.00 8.88 .00 10.00 .00 24,88 So Answers: .,."'\ A?' ~./h .~...",~:~,"" ....f'.~.. ,_ V /,,/"''; .:r-..... "-~:;.t:..,. ""_-"~"~~~.A' ",-:;,/[ __ A N{ '--;.,- ".~CV' '''--'"-<<:''-.r-" ~..-...-~~' , R. Thomas Kline 01/19/2005 FEDERMAN & PHELAN Sworn and Subscribed to before By: .., c.::-1 ~ yepu1::v Sheriff / " me this day of A.D. '-.../ Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2004-06456 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIFINANCIAL MORTGAGE CONSUME VS BOYCHOCK FAY M ET AL RON KERR Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BOYCHOCK GEORGE M the DEFENDANT , at 2048:00 HOURS, on the 30th day of December, 2004 at 37 EAST LOUTHER STREET CARLISLE, PA 17013 by handing to BOSCO M PINTO, ROOMMATE, ADULT IN CHARGE 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: 6.00 .00 .00 10.00 .00 16.00 .....,.,~----c2/?' /A? .r ,,>;::;~';:::,,~~. ?;"~,r ~~-R , / R. Thomas Kline 01/19/2005 FEDERMAN & PHELAN Sworn and Subscribed to before By: R I~ Deputy Sheriff me'this. day of .2\.D. Prothonoca::.-y , 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 PffiLADELPffiA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY 1111 NORTHPOINT DRIVE, BUILDING 4, SUITE 100 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 04-6456 CIVIL v. FAYM.BOYCHOCK GEORGE M. BOYCHOCK 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 FAY M. BOYCHOCK is over 18 years of age and resides at, 8 SPRINGFIELD AVENUE, APT. 1, NEWVILLE, PA 17241. (c) that defendant GEORGE M. BOYCHOCK is over 18 years of age, and resides at, 37 EAST LOUTHER 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. ~G~~ DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff 1 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land and the improvements theroon erected situate in the First Ward of the Borough of Carlisle. Cumberland County, Pennsylvania bounded and described as follows: BEGINNING at a point on the Northern side of Easl Lourher Street on the line of land nOW or formerly of Harvey M. Staigleman; thence along the laller, a distance of 1695 feet, more or less, to a poinl on the line of latJd now or formerly of Ruth Snowden; theru:e Eastwardly along the latter, a distance of 14 feet, more or less, to a point on the line of latJd IIOW or formerly of W, Riller Adams and Jean R. Adams; thence SoutlJwardly along the latler and lIlfough the center of a common alley or passageway, a distance of 169.5 feet, more or less, (() a point on Ihe Northern side of East Loulher Street; theru;e Westwardly along the laller, a distance of 14 feet to a point, the place of beginning. TITLE TO SAID PREMISES IS VESTED IN George M. Boychock and Fay M. BoychocK, l1is wife by Deed from James D. Link, single man dated 4/14/2000 and recorded 4/1912000 in Record Book 219 page 665. PROPERTY ADDRESS: 37 EAST LOUTHER STREET, CARLISLE, P A 17013 TAX PARCEL: 02-21-0320-035 '. (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY 1111 NORTHPOINT DRIVE, BUILDING 4, SUITE 100 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 04-6456 CIVIL v. FAY M. BOYCHOCK GEORGE M. BOYCHOCK Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on {Yl ';:w r L-,j 208-S. If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG. ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM 1S A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECE1VED 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." (j~ ~ ~ ~ ~ ~ , ~ -l.4. (')-D \~ ~~ ~:p F- o c -~ ~. ...., S'0 \ '-'" o ,.n -- ....~... f'.) IV -------- - ~ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 C1TIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY Plaintiff, v. No. 04-6456 CIVIL FAY M. BOY CHOCK GEORGE M. BOYCHOCK Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $96,804.51 Interest from 3/1/05 to JUNE 8,2005 (per diem .$15.91) $1,575.09 and Costs TOTAL $98,379.60 DANI~~Hi:tEG1SQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. - .... -<I' '" ... .... ..t.,"" ~~ .... ~~ ~~. ~~ \Ol.$, ~~ 'U ~~ ~1. ~~ ~~ ~ ~~ ~~ ~,.J '"' ~~ ~~ ~~ <$>"" ..t., ~ ~ o~ s ~ ~ ~,.., ~ G ~~ ~ ~~ ~r.fJ. ~o ~ U~ \Ol.~ ~~ ...~ oe ~S ~~ ~~ 'O~ O~ ~ . ~a o~ '"'0 ,;, ~~. U~ ~U ". ~~ ~~ o~ o~ i~ ~~ ~~ 0';:. U 'ie ~~ ~o ~p ~o ~6 ~~ 'C~ ~ 'C ~~ ~p 1 --d ..t., :3 ~ ..... ~~ \1-< .... ~? ';: U U ,~t C'".1 JA' ~~ 1;; -.6 () ~ r-- \:J I , ~g~ vi j ~ _\'<) \7t' C"") I ,. t..n "c') ~~; '''....I. ~ -'-:;''' ~'--. ~ ~ - - -- -::. ~ ~ - \ \ \ \ \ i>o ~ ():)0 L, C>.: a 0). a 01, \Ul. :::; _ \j) 0:. <) (J \t It:, lJ) ~ - 8-:2 -:J (J () Vj --..: . i:1)-~ "i ~ '" ,!:> ~ e '" '0 ~ Po '" ~ -,;, '{j ! 1 VI J1 ---t 'J. n ..( --- \ ':::T-- CJ <) --i 1Jt () <: , LEGAL DESCRIPTION ALL THAT CERT A/N tract of land and the improvements theroon ere<:ted situate in the First Ward of the Borough of Carlisle. Cumberland County. Pennsylvania bounded and deseribed as follows: BEGINNING at a point on the Northern side of East Louther Street on the line of land now or formerly of Harvey M. Staigleman; thence along the latter, a distance of 1695 feer, more or less, to a point on the line of land now or formerly of Ruth Snowden; thence Eastwardly along the latter. a distance of J 4 feet, more or less, to a point on rhe line of land flOW or formerly of W. Riller Adams and Jean R. Adams; thence Southwardly along the latter and through the center of a common alley or passageway, a distance of 169.5 feel, more or less, to a point on the Northern side of East loulher Street; thence Westwardly along the lauer. a distance of /4 feer to a point, die place of beginning. TITLE TO SAID PREMISES [S VESTED IN George M. BO)lchock. and Fay M. Boychock., his wife by Deed from James D. Link, single man dated 4/14/2000 alld recorded 4/[9/2000 in Record Book. 219 page 665 PROPERTY ADDRESS: 37 EAST LOUTHER STREET, CARLISLE, PA 17013 TAX PARCEL: 02-21-0320-035 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-6456 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMP ANY, Plaintiff (5) From FAY M. BOYCHOCK AND GEORGE M. BOYCHOCK (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) 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 helshe has been added as a garnishee and is enjoined as above stated. Amount Due $96,804.51 L.L. $.50 Interest FROM 3/1105 TO 6/8/05 (PER DIEM, $15.91) - $1,575.Q9 AND COSTS Atty's Corum % Due Prothy $1.00 Atty Paid $180.58 Other Costs Plaintiff Paid Date: MARCH 3, 2005 CURTIS R. LONG (Seal) Proth~ p 7J;c ~t: ~ . 12/7~ f' 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 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 (215) 563-7000 ATTORNEY FOR PLAINTIFF CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION FAY M. BOYCHOCK GEORGE M. BOYCHOCK NO. 04-6456 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: () an FHA mortgage () non.owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ G i,~ DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff ~,~ ~?\ c;:,::l \:.f'\ -' .,.,,.. \ (.,) - - Request for Military Status Page I of I Department of Defense Manpower Data Center MAR,OI-2005 14:49:05 Military Status Report Pursuant to the Servicemen's Civil Relief Act of2003 <Last Name First Middle Begin Date I Active Duty Status I Service/Agency BOYCHOCK FAY M. Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the Military. ~W~CL-~ Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209.2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please fax your response to 703-696-4156 or call 703-696-6762 and further research will be done. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non- match. https:l/www.dmdc.osd.mil!udpdri/owalsscra.prc _Select 3/112005 Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center _ Military Status Report . Pursuant to the Servicemen's Civil Relief Act of 2003 MAR.01-2005 14:50:00 <,Last Name First Middle Begin Date I Active Duty Status I Servicel Agency BOYCHOCK GEORGE M. Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the Military. ~w~~~ Robert 1. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Emollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please fax your response to 703-696-4156 or call 703-696-6762 and further research will be done. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non- match. https:llwww.dmdc.osd.milludpdri/owa/sscra. prc _Select 31112005 . CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION FAY M. BOYCHOCK GEORGE M. BOYCHOCK NO. 04-6456 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY, 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 infonnation concerning the real property located at 37 EAST LOUTHER STREET, CARLISLE, P A 17013 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) FAY M. BOYCHOCK 8 SPRINGFIELD AVENUE, APT. 1 NEWVILLE, PA 17241 GEORGE M. BOYCHOCK 37 EAST LOUTHER STREET CARLISLE, PA 17013 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None . ... 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITlFINANCIAL INC. 1 VALLEY STREET, SUITE 103 CARLISLE, P A 17013 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 37 EAST LOUTHER STREET CARLISLE, P A 17013 Domestic 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 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 ofJ8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 1, 2005 DATE h; ro ~.L..;~ DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff ~~~ () C::') "'1 t.:..i' I (.0 r.....) 1'V CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY Plaintiff, CUMBERLAND COUNTY No. 04-6456 CIVIL v. FAY M. BOYCHOCK GEORGE M. BOYCHOCK Defendant(s). March 1,2005 TO: FAY M. BOYCHOCK 8 SPRINGFIELD AVENUE, APT. 1 NEWVILLE, PA 17241 GEORGE M. BOYCHOCK 37 EAST LOUTHER STREET CARLISLE, P A 17013 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAfNED WfLL BE USED FOR THA T PURPOSE IF YOU HA VE PRE VroUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THfS fS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at , 37 EAST LOUTHER STREET, CARLISLE, P A 17013, is scheduled to be sold at the Sheriffs Sale on JUNE 8, 2005 at 10:00 a.ill. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $96,804.51 obtained by CITlFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY (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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: L The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, ifthe judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. Ifthe Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7 . You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav 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 (800) 990-9108 . LEGAL DESCRIPTION . ALL THAT CERTAIN tracI, of land and the improvements Ihelooll erected situate in the First Ward of the Borough of Carlisle, CUmberland Counly, Pennsylvania boullded and described as follows: BEGINNING at a point on the Northern side of East Louther Street on the line of land now or formerly of Harvey M. Staigleman; thence along the latter, a distance of 169.5 feet, more or less. to a poinl on the line of land now or formerly of Ruth Sno-wden; thence Eastwardly along the latter, a distance of 14 feet, more or less, to a point on the line of land now or formerly of W, Ritter Adams and lean R. Adams; thence Southwardly along the latter and through the center of a common alley or passageway, a distance of 169,5 feel, more or less, 10 a point 011 the Northern side of East LaUlher Street; thence Westwardly along the latter, a distance of 14 fcct to a poinl. the plllCe of beginning. TlTI,E TO SAID PREMISES IS VF.'iTHD IN George M. Boychock and Fay M. Boychock, his wife by Deed from lames D. Link, single man dated 4/14/2000 and recorded 4/1912000 in Record Book 219 page 665. PROPERTY ADDRESS: 37 EAST LOUTHER STREET, CARLISLE, PA 17013 TAX PARCEL: 02-21-0320-035 r-' '"::.:.'1 :, <::J' C) -,"I :~'': . :'~ ,. ,;,) I c...) N r...:; " -, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY ) CIVIL ACTION ) vs. FAY M. BOYCHOCK GEORGE M. BOYCHOCK ) CIVIL DIVISION ) NO. 04-6456 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL SCHMIEG, ESQUIRE attorney for CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY hereby verify that on March 9, 2005 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: Mav 5. 2005 DANIEL G. SCHMI Attorney for P . CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION FAY M. BOYCHOCK GEORGE M. BOYCHOCK NO. 04-6456 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following infonnation concerning the real property located at 37 EAST LOUTHER STREET, CARLISLE, PA 17013. I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) FAY M. BOYCHOCK 8 SPRINGFIELD A VENUE, APT. 1 NEWVILLE, PA 17241 GEORGE M. BOYCHOCK 37 EAST LOUTHER 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 bc sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None , 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL INC. 1 V ALLEY STREET, SUITE 103 CARLISLE, PA 17013 5, Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7, Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 37 EAST LOUTHER STREET CARLISLE, PA 17013 Domestic 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 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 ofl8 Pa. e.S. Sec. 4904 relating to unsworn falsification to authorities. March 1, 2005 DATE ~jr,~~~ DANIEL G. 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'" '9. 9.S ~ ~~O~~ ~?, ~.~ ~ ~::.:a.-g. ~, lQ,% ~~ g ~~.'C,';i?" -.:3 00 <. o%toa-e. :'3 -"" " Si.=:. '59, v: ~.~ '% ~1. o '" 9, ro f<. ~~<"> f;t:? o.....s('>?- ~:..~ e. g '3c~~~~ ~ ~ t;- !ji::: ,...-' ~~-'" -0 .". , '6;: .. ~ a; O'~ <;!,~. ..;)<J:T\OC'> ~ ;.%1t a t'1i ~\*,:% ~ i,%~l t-.J ?,~-?: % ~~ ~"i ~'"i; ~~; g:~?,& .g~g'b -;:-.[t"lg ~ ~~ ~ ~ - :;.~ g-g \ ?;:,.(> ~ ~\ \ ~%~9 Wg.~.% "" '" "'.... ~ 9-.'@~ n'%l ~~g; ~~"&~ ~;;:;":2.1> ~ ~ '6' ~ ........ \\ \ \ Ii: i~:-:::: .::>~~ptffol 021A $ 01.200 ~. < 0004300371 MAR 09 2005 MAilED FROM ZIP CODE 1 91 03 ,- ~ ", ~., c---.-.") ,-.-) ,-Xl .--1 ~-,- f'l't . ' ~. 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 Citifinancial Mtg Co Inc is the grantee the same having been sold to said grantee on the 8th day of June A.D., 2005, under and by virtue of a writ Execution issued on the 3rd day of March, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 6456, at the suit of Citifinancial Mtg C D C against Fav M Bovchock & George M is duly recorded in Sheriffs Deed Book No. 269, Page 3943. IN TESTIMONY WHEREOF, I have6treunto set my hand and al of said office this / day of ecorder of Deeds , umberland County, CarfIsIe, PA Exp;res the First Monday 01 Jan. 2008 Citifinancial Mortgage Consumer Discount Company VS Fay M. Boychock and George M. Boychock In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-6456 Civil Term Cpl Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on May 02, 2005 at 11:45 o'clock AM, 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: Fay M. Boychock, by making known unto Fay Boychock, personally, at The Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on March 18, 2005 at 9:08 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: George M. Boychock, by making known unto Angela Erikson, adult in charge, at 37 East Louther Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2005 at 4:33 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 Fay M. Boychock and George M. Boychock located at 37 East Louther 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: Fay M. Boychock, by regular mail to her last known address of 8 Springfield Ave., Apt. 1, Newville, P A 17241. This letter was mailed under the date of May 02, 2005 and never retumed 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: George M. Boychock, by regular mail to his last known address of37 East Louther Street, Carlisle, P A 17013. This letter was mailed under the date of May 01,2005 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 June 8, 2005 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg for Citifinancial Mortgage Company, Inc. It being the highest bid and best price received for the same, Citifinancial Mortgage Company, Inc. of 1111 Northpoint Drive, Building 4, Suite 100, Coppell, TX 75019, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$744.74. .' Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Levy Surcharge Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $ $30.00 14.61 15.00 15.00 30.00 10.00 .50 LOO 16.28 15.00 30.00 .74 237.50 248.14 16.47 25.00 39.50 744.74 Sworn and subscribed to before me ~~~. -~~ This ~ ""' day OfY.J. 1... ... ; 1 R. Thomas Kline, Sheriff 2005, A.D. l j, '!h' -'- () 'J1-u.f'L, . }nC I~' ('. ,/ Pro onotary -/""7 BY ~L/ ~~ Real Estate eputy J.V--"~ ~1..- l, 0 ' ,yg., -..-' 7:/V l. c/1...- R<..-, ~-o '-I \'~ nt-I'D CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION FAYM.BOYCHOCK GEORGE M. BOYCHOCK NO. 04-6456 CIVIL Defendant(s). AFFIDA VlT PURSUANT TO RULE 3129 (Affidavit No. I) CITIFlNANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY, 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 37 EAST LOUTHER STREET. CARLISLE. PA 17013 . 1. Name and address of Owner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) FAY M. BOYCHOCK 8 SPRINGFIELD AVENUE, APT. 1 NEWVILLE, PA 17241 GEORGE M. BOYCHOCK 37 EAST LOUTHER STREET CARLISLE, P A 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL INC. I V ALLEY STREET, SUITE 103 CARLISLE, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 37 EAST LOUTHER 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, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 1_ 2005 DATE ~1 (, ir~a DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY Plaintiff, CUMBERLAND COUNTY No. 04-6456 CIVIL v. FAY M. BOYCHOCK GEORGE M. BOYCHOCK Defendant(s). March 1,2005 TO: FAY M. BOYCHOCK 8 SPRINGFIELD A VENUE, APT. I NEWVILLE, PA 17241 GEORGE M. BOYCHOCK 37 EAST LOUTHER STREET CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 37 EAST LOUTHER STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on JUNE 8, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $96,804.51 obtained by CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY (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 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. 1. 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 if the buyer pays the Sheriff the full amount due in the sale. To find out ifthis has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL TIIA T CERTAIN tract of land and the improvcmen1S thereon erected situate in dte First WanI of the Boroogb of Carlisle, Cumberland COUIIly, PeDllS)'lvania bounded aDd described as follows: BEGINNING at a point on the Norlbero side of East Louther &teet ()J\ the line of laDd now (Jt formerly of Harvey M. Staigleman; thence along die latter, a disllmce of 169.5 feet, more or less, to a point OD the line of land now Of formerly of Ruth Snowden; thence Eastwardly along the latter, a distance of 14 feet. more or less. to a point on the line of land now or formerly of W. Ritter Adams and Jellll R. Adams; thence Sootbwardly along the latter and through the center of a common alley or passaseway, a distance of 1695 feet. more or less, to a point on tbe Northern side of East Louther Street; thence Westwardly along the latter, a distance of 14 feet to a point. the place of beginning. TITI.E TO SAID PREMISES IS VESTED IN George M. Boyebock and Fay M. Boyehock, his wife by Deed from James D. Link, single man dated 4/14/2000 lIIId recorded 4/I9nooo in Record Book 219 page 665. PROPERTY ADDRESS: 37 EAST LOUTHER STREET, CARLISLE, PA 17013 TAX PARCEL: 02-21-0320-035 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 04-6456 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY, Plaintiff(s) From FAY M. BOYCHOCK AND GEORGE M. BOYCHOCK (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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $96,804.51 L.L. $.50 Interest FROM 3/1/05 TO 6/8/05 (PER DIEM. $15.91) - $1,575.09 AND COSTS Atty's Corom % Due Prothy $1.00 Atty Paid $180.58 Other Costs Plaintiff Paid Date: MARCH 3, 2005 CURTIS R. LONG (Seal) Prothonotary y ~ '. --.Bv: ...a; i:I-w1 0) /7./ f, / 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 #41 On March 10, 2005 the Sherifflevied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, P A Known and numbered as 37 East Louther Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 10,2005 By: JfJrIJ 1 ~ Real Estat~ Deputy ("") --0 ..... 3:""" = = :'.~~ '"" ,"1n :!I: ::'~fl'1 ,.. ::0 ~~'> a I ""-" -:1 ,~- --f G:J 'J-y" ."m 1) ,") ,'7~.:~ -~ "'" '~'-m -<::0 --<- W ' -n -' '"'J-n :>> ~ .'-:;\ ., \. 'I (:;. .J) ~ . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duJy 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 Septemher 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 26th day(s) of April and the 3rd and 10th day(s) of May 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 verify this statement on behalf of The Patriot,News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscella eous Book "M", Volume 14, Page 317. COpy SALE #41 Sworn to and s PUBLICATION 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 248.14 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... REAL ESrRE ~.....41 WrI"'..111. CMJr.~ c.....___ QI"rWII ' . " Va ~ , DEtjClItPnoN ML'I1W'~_ofiaDdllllllhe ~... . ~CKdrdAtuatein~Fust _ oIlhe Jloroo&b rI. Carlisle. Cumbedand ~.~~aJJd_" - ' BI!GJ!lNING 01. pc>iJt oolhe N<<lhem side of &It Loulher _ ""...liioe rI. laud.... " fmolaIy rl.1/aMy 1iI.~ lheocc aIoog lhe-..-oI 1fllJ.S"f........" less." 'p>Oil",lheliDerl.Jaoil."""!orqdyofllulh Soowdeo; Ibooo!I ......... aIoog dJt _. . _of 14,fIct;....." loss.... !"'""OIllhe liDo 01 iaDd _ "fmolaIy, of ofWW.. Jlla 118:1 Adams aJJd lean U_; Ibooo!ISoulbwanIIy aIooglhe _aad~lhe.....oI.COllIIIIOIlalley" P""F"'Y.' _ of 1695 loet....." leu. ... poiOtOlllheN<<lhem side ofEastLoutber SUeeI; lheocc Wcannad!l' aIoog lhe _. a _ of'14.k"'" poiDt.lhe pIoo: of BI!GJ!lNING. " , TlFLE TO SAID:iiE" is.veoltd in GeoIJc M.8oydloli- Fay M. BoydIo<;t. his wifo. by Deed from J D. iJDk....,. man. dOll:d4l141lOOO1Illl-*<l4l191mlinRl<ord , BooI:Z19J!1111l66.l. PIlOl'IItIY ~ rT llaot Loutber _.CadiaIe.PAl'lOl3. TAXPAKalLIlo.0!-2I~. 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: April 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. TO AND SUBSCRIBED before me this 29 day of April SEAl LOIS E. SNYDER, Notary Public CaIisIe 8010, Cumberland County My Commission Elcpires March 5. 2009 REAL ESTATE SALE NO. 41 Writ No. 2004-6456 CMI Cltlfinancial Mortgage Consumer Discount Company VS. Fay M. Bayehack and George M. Boychock Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL TIiAT CERTAIN tract of land and the improvements thereon erected situate in the First Ward of the Borough of Carlisle. Cumberland County. Pennsylvania bounded and described as follows: BEGINNING at a point on the Northern side of East Louther Street on the line of land now or formerly of Harvey M. Staigleman; thence along the latter, a distance of 169.5 feet. more or less. to a point on the line of land now or formerly of Ruth Snowden: thence Eastwardly along the latter. a distance of 14 feet, more or less, to a point on the Hne of land now or formerly of W. Ritter Adams and Jean R. Adams; thence South- wardly along the latter and through the center of a common alley or pas~ sageway, a distance of 169.5 feet. more or less. to a point on the North ~ ern side of East Louther Street; thence Westwardly along the latter, a distance of 14 feet to a point, the place of beginning. TITLE TO SAID PREMISES IS VESTED IN George M. Boychock and Fay M. Boychock. his wife by Deed from James D. Link. single man dated 4/14/2000 and recorded 4/19/2000 in Record Book 219 page 665. PROPERlY ADDRESS: 37 EAST LOUTHER STREET. CARLISLE, PA 17013. TAX PARCEL: 02,21,0320,035.