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HomeMy WebLinkAbout04-6522 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, P A 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. 04 - bS';<~ CiOtL ~~ CUMBERLAND COUNTY v. STEVEN M. THALHAUSER NATALIE THALHAUSER A/K/A NATALIE C LEBARON A/K/ A NATALIE C RICHWINE 810 FAIRVIEW ROAD CARLISLE, P A 170 I 3 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 INFORM A TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA T 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 #: 108687 File #: 108687 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL EST ATE. 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 2. The name(s) and last known address(es) of the Defendant(s) are: STEVEN M. THALHAUSER NATALIE THALHAUSER AlKJA NATALIE C LEBARON AIKJ A NATALIE C RICHWINE 810 FAIRVIEW ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 09/16/2003 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. 1836, Page: 408. 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 07/0112004 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. File #: 108687 6. The following amounts are due on the mortgage: Principal Balance Interest 06/01/2004 through 12/24/2004 (Per Diem $16.91) Attorney's Fees Cumulative Late Charges 09/06/2003 to 12/24/2004 Cost of Suit and Title Search Subtotal $102,859.47 3,500.37 850.00 118.90 $ 750.00 $ 108,078.74 Escrow Credit Deficit Subtotal 0.00 2,147.45 $ 2,147.45 TOTAL $ 110,226.19 7. The attorney's fees set forth above are in confonnity 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 tenninated 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 $ 110,226.19, together with interest from 12/24/2004 at the rate of$16.91 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. PHE~AN ALLIN AN & SCH~IE~, ~LP / / .--.. '~5}~ By: Is/Francis S. Hallinan LAW ENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: ) 08687 LEGAL DESCRIPTION ALL THAT CERTAIN tract ofland with the improvements thereon erected, situate in the 5th Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described pursuant to a survey by D.P. Ruffensperger, Registered Surveyor, on July 2, 1964, as follows: BEGINNING at a point on the northern line of Fairview Road, at the southeastern comer ofland now or formerly of Richard B. and Mary E. Gensler which point is eastwardly 236.28 feet from the eastern side of Media Road; thence by the northern line of Fairview Road, North 64 degrees 07 minutes East, 73 feet to a point; thence by the land now or formerly of Penn-Central Masonry Co., Inc., North 25 degrees 53 minutes West, 154.48 feet to a point; thence by Lot No.2 of the herein after mentioned Plan of Lots, South 66 degrees 06 minutes 40 seconds West, 59,04 feet to a point; thence by Lot No. 19 of said Plan of Lots, South 34 degrees 23 minutes West, 16.10 feet to a point on said land now or formerly of Gensler; thence by the latter land, South 25 degrees 53 minutes East, 148.53 feet to the place of BEGINNING BEING Lot No. 15, Revised Block 'E as corrected, and being the larger part of the eastern 27 foot strip of Lot No. 16, Block 'E', and all of the western 46 foot strip of Lot No. 15, Block 'E', of the Plan of Lots of Hamilton Development, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 12, Page 60. BEING improved with a one story brick and frame dwelling house known as 810 Fairview Road, Carlisle, Pennsylvania. Being No. 810 Fairview Road File #: 108687 VERIFICA TION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. c. S. Sec. 4904 relating to unsworn falsifications to authorities. j-~#> ~///I- Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: /a,iv#' t; ~ ..0 - 1J' ~ ~ w V( --.0 C> ~ p:! ~~ o C ::::....... ~m tf,):;, -c' ..,;. ~:: t:t :t:: c ff=- Cl )>- c: ~~ ::'2 AJ0 \t-'i ,-..) c;::) c;::) ..c:- O fT'l n f'.) \.D :r:- :s::: 5 f') c- o -n -I :L:n n'r- -ofn ;;10 ~_) -1., .-{C; ~:::n (' ,J _.- 20 gm :e-: . ~.- _,..1 .< t; ~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-06522 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS THALHAUSER STEVEN 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 THALHAUSER STEVEN M the DEFENDANT , at 1029:00 HOURS, on the 3rd day of January 2005 at 810 FAIRVIEW ROAD CARLISLE, PA 17013 by handing to STEVEN THALHAUSER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.70 .00 10.00 .00 31.70 ,r~>Z'.-;:~ R. Thomas Kline 01/05/2005 FEDERMAN & PHELAN Sworn and Subscribed to before By: ~ me this ;<<{~ day of l /" '}, ) -rM'-A'j """'\?.!> A. D. ( ~O r~,~ rothonotary I J SHERIFF'S RETURN - REGULAR CASE NO: 2004-06522 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS THALHAUSER STEVEN 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 THALHAUSER NATALIE AKA NATALIE LEBARON AKA NATALIE RICHWINE the DEFENDANT , at 1029:00 HOURS, on the 3rd day of January 2005 at 810 FAIRVIEW ROAD CARLISLE, PA 17013 by handing to STEVEN THALHAUSER, HUSBAND 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 6.00 .00 .00 10.00 .00 16.00 So Answers: ~ ,o!';" - "......... ~r //""" .~ ."v,..< .. .;;>t~;';r,"" ,j., '_f. ",:,:,-,~;,<: >.," ~. ",~<",'''If;".{J- ~"''';:';,,,,'.'''' .. ," '~'_:. ._w'.' " R. Thomas Kline 01/05/2005 FEDERMAN & PHELAN Sworn and Subscribed to before By: ~ me this J. 'i 8. day of /} l AA"-",/ .MtJ5 A.D. (~~()~fI -- . ffrothonotary ,~ y Sheriff ~ . , AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY PJT No. 04-6522 CIVIL DEFENDANT(S) NATALIE THALHAUSER, AlKJA NATALIEC. LEBARON,AlKJA NATALIE C. RICHWINE ACCT. #0600849838 Type of Action . Notice of Sheriff's Sale SERVE NATALIE THALHAUSER, AlKJA NATALIE C. LEBARON, AlKJA NATALIE C. RICHWINE Sale Date: JUNE 8, 2005 AT 810 FAmVIEW ROAD CARLISLE, PA 17013 , . SE~~~D rJl-,. Served and made known to N,g. t fJ-!1 e. -yt, a \ l-'I-a v ) tl':"'Defendant, on the ~ day of lit () fC-L L, .200i'at If-:"S:o'clockj!.,m"at 8/0 (a1r'ZV'1 el.0 l~c:L) 'Gor(..tb k. , Commonwealth 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 of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(.). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. , Other: . f () N':J VI d I R- De.crton: Age 3S Height s, /I Weight / SS Race VJ~ Sex /- Other }JO <) Ids-50s I, C OJ(~c~ t.. I GlL\'1 :~ competent adult, being duly sworn according to law, depose and state that I personally banded a true and correct copy of the Notice ofSberiff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to.and su.~scribed. LUCILLE ~~=~ before me thIS J3::iJJday //Y}' /)~ !-eIlerkennyTownahlp:F ~~:;;"-tL/~:~~~ 7JhCL By; Ckaek? 'I UJi, My~IExJlk8eNov.1m PL~E ATTEMPT SERVIC~ AT LEAST 3 TIMES. INDICATE DA S MES OF SERVICE ATTEMPTED. NOT SERVED On the day of ,200~at o'clock _,m,. Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1" Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of . 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - 1.0. No. 62205 " ." AFFIDAVIT OF SERVICE DEFENDANT(S) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. STEVEN M. THALHAUSER STEVEN M. THALHAUSER CUMBERLAND COUNTY PJT PLAINTIFF No. 04-6522 CIVIL ACCT. #0600849838 SERVE AT STEVEN M. THALHAUSER Type of Action - Notice of Sheriff's Sale 810 FAIRVIEW ROAD CARLISLE, PA 17013 Sale Date: JUNE 8, 2005 SE~VED Served and made known to S1eVe/J lv', -rf;a l\A~~i.~~ on the / '7 tit day of pL(;;'Kd" 2005' at #lOS:o'clock tJ,m" at RID Fa; R..V i <:w IRe!.. C,nz l '151 ~. ,Commonwealth r / of Pennsylvania, in the manner described below: Defendant personally served. , )' Adult family member with whom Defendant(s) reside(s), Name and Relationship is IA) \ f ~ 1fG II Adult in charge ofDefendant(s)'s residence who refused to give name or relationship, A- / t I i ~ 1 if I Vi '3 v"> e (' Manager/Clerk of place of lodging in which DefendantCs) resideCs). IV~ -:P "- Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: _ ._/. II ._~ ' _ /0 (lJ ') k<Ji.c.. Description: Age-=36 Height.:2J2 Weightft:; RaceJ!1..1sex~ Other tJ 0 oJ t;)SSeS I, Cio,t.,el-lCQ.. ~, G(l~t II Ifetent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above, Sworn wand subscribed before me this I."" hday of (VI wk ,,- 200"'- Notary: "ir,e,,,.: cc-:-),L, c , L'J By: PLEASE ATTEMPT SERVICE AT LEA On the day of , 200~. at o'clock _.m" Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 s, Attempt: I / Time: 2nd Attempt: / / Time: 3rd Attempt: / I Time: Sworn to and subscribed before me this _ day of . 200 _, Notary: By: Attornev for Plaintiff Daniel G. Sehmieg, Esquire - I.D. No. 622115 ---- - ..----- PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST A nON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563- 7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 04-6522 CIVIL STEVEN M. THALHAUSER NATALIE THALHAUSER, AIKJ ANA T ALIE C. LEBARON, AlKJA NATALIE C. RICHWINE 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 STEVEN M. THALHAUSER and NATALIE THALHAUSER, AlKJA NATALIE c. LEBARON, AlKlA NATALIE C. RICHWINE, 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 12/25/04 to 3/1105 TOTAL $11 0,226.19 $ 1.132,97 $111,359.16 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. ~~ DANIEL G. SCHMIEG, EIRE Attorney for Plaintiff DAMAGES AR]j HEREBY ASSESSED AS INDICATED. ~ DATE: (Y):::JN(;). ~ /;.L/?---IM -' j) , J PRO PRO THY .-' () ~ (:;;.> "t' <? c:;:) c..r~ ..... C -p -0 -::!i\. "5" 7l ~ ("~ \:I:- B ",)0 <) ,"-1 ~ \ :.':J'.' r..:> <2\(:") - ~ 'J:: ~~\ \ ~ -t:' ~. (",,..,,," ~ ',05..( ) --' ,,;;,~(n -- "~:?\ - \J -' ,.... " '~fi j ~ ~ c,,) ~ (...) OJ -0 ~ -:L ~ (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 04-6522 CIVIL STEVEN M. THALHAUSER NATALIE THALHAUSER, AlKlA NATALIE C. LEBARON, AlKlA NATALIE C. RICHWINE Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on (YJ~').. 200..$'. If you have any questions concerning this matter, please contact: DANIEL G, SCHMIEG. ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BLVD" SUITE 1400 PHILADELPHIA. PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT W AS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY,.. r-?., c~ ~p ~ ...,;_0 I r-.:> <;.\ :i::r,\ ""tn '<'~' ~;\\ J . ,;:: ~\ "" C \ ;~):\) ",:~':,\(, t2, '::.d. ~ :,;.", .- .- .' u) <./' -.ol, 2 LIBERTY A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. Plaintiff, v. No. 04-6522 CIVIL STEVEN M. THALHAUSER NATALIE THALHAUSER, AfKJA NATALIE C. LEBARON, AfKJA NATALIE C. RICHWINE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $111,359.16 Interest from 3/1/05 to JUNE 8, 2005 (per diem -$18.31) $1,812,69 and Costs TOTAL $113,171.85 ANIEL G. SCHMIEG, ESQ One Penn Center at Suburban tation 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. foil ~ ~ ~ ~~ u ...... ~~ l:3 r-r- ...... ~ .0::.0:: ~~ ....;:$ ~ ~~ z o~ .0:: ~ rJJrJJ ........ ~~ u ~~ ... ~~ I-' ~ S:rJJ ~~ ;;J uU ~z u ~~ ZZ ~oo ~t ;:<) .,j p~ g1t:: " o~ b~ ;. .0::.0:: foil::l ~~ ... ~~ '" "" .~ " === .....s .<: '" ~.,; ~~ o ~ 0";3 ~~ " 01-' foilrJJ ~- .D ...~ I-' .. _Cl-. 10' uZ foilZ ,;, ;~ ... ........ ~S .. I-'U 0::<2 ~~ e foil 0 ~~ ~~ '" \.:1.... u'" << ... I-'U ~ os r/l, 6 " ~~ c3~ z.o:: o~ ........ g. ~~ o 0 p. S~ ....~ ..-l~ ~~ ~I-' ........ " ... foilZ foil,-, ;:3 QCQC ~ u; o~ t;.o:: ~ ~foil ~\.:1 ~ U ~ '" ~ ~ ~ '" I-'~ "=i P " ~ :g ~p cl. ~ ,~ .0:: u ~ ~ P .0:: A == ,..-, ~ ~;?,. == (J':: C"'> <:r" I-' 1..' ., LU~; - ~ - ( ).' "'\;- n:;~~ ~'i (i,C, N ~ ~ .,. '- c_ 1 'J t..UC\- Z _J c;<: " 3 u::~ ...,oct " - :Jt: " ~J - ~ tL- l..r':1 0- 0 c';) ~ - d-:5 ~ = , :: :::. ,.... - - ~ , <"( C't I <:l - () <J - ~ dJ 0 () <J 0 ~ Cl :r- .(J 6 () - (:' L-j 0 t- -a V; ~ Va - "-' ~ --- 11 ~ ~ ~ r<) ~ 0- ~ ",: 't:>j- - r'Q "6 , -- '.J ~ LEGAL DESCRIPTION ALL TIlAT CERTAIN tmct of land with the improvements lh<:reon erected, ,ituate in the 5th Wald of the Borough of Carlisle, Cumberl3Ild County, Permsyl"""i., bounded and described po<<n.nl 10 a survey by D,p, Ruffcnspcrger, Registered Surveyor, on July 2, 1964, as follows: BEGINNING al a point on the northern line ofFairview Road, at the southeastern COrner uf land now or fornlerly of Richard B. and Mary E. Gensler whieli point is """wardly 236.28 feel limn the ""tem ,jde of Media Road; thence by the northern line of l'.irview Rood, North 64 degrees 07 mIDute, Ea,t, 73 feet to. point; thence by the lam! now or formerly of Perm-Central Masonry Co" lne., North 25 degrees 53 minule., West, 154,48 feet tu. point; thence by Lot No, 2 ofthe herein ./ler mentioned Plan of LoIS, South 66 degrees 06 minutes 40 secund, W""1, 59,04 feet to a point; ,hence by I ,ot No. 19 of said Plan of Lots, South 34 dcgr= 23 minutes West, 16.10 feel 10 . point on said lam! now or fonn<:rly of Gensler; thence by the latter land, South 25 degrres 53 minules Easl, 148.53 ["", 10 lhe place ofBEGINN]NG BEING Lot Nu. ]5, R~"Viscd Block 'E as corrected, and heing the larger pat! "flhe eastern 271'0"1 strip of Lot No, 16, Block 'E', and all of the western 46 fOOl strip ofl"t No, 15, Block 'E', "I' the Plan of Lots of Hantilton Development,.s reeo<ded in the Office of the Recorder of Deeds ("r Cumberland County in Plan Book 12, Page 60, TAX PARCEL # 06-19-1641-75 PREMISES BEING: 810 FAIRVIEW ROAD, CARLISLE, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-6522 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC., Plaintiff (s) From STEVEN M. THALHAUSER, NATALIE THALHAUSER, AJKfA NATALIE C. LEBARON, AJKfA NATALIE C. RICHWINE (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 gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee. you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated, Amount Due $111,359.16 L.L. $.50 Interest FROM 3/1/05 TO 6/8/05 (PER DIEM - $18.31) - $1,812.69 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $129.70 Plaintiff Paid Date: MARCH 2, 2005 Other Costs CURTIS R. LONG (Seal) proth~ry ~/ IZ-jo P 7fm/UIJ/ Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, EQUlRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No, 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 04-6522 CIVIL STEVEN M. THALHAUSER NATALIE THALHAUSER, AlKiA NATALIE C. LEBARON, A/KiA NATALIE C. RICHWINE Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G, SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief. he has knowledge ofthe following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant STEVEN M. THALHAUSER is over 18 years of age and resides at , 810 FAIRVIEW ROAD, CARLISLE, PA 17013. (c) that defendant NATALIE THALHAUSER, A/KJA NATALIE C. LEBARON, A/KJA NATALIE C. RICHWINE is over 18 years of age, and resides at , 810 FAIRVIEW ROAD, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S, Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff f'"~ 'c:~\ \~ -:$- ""'~ ~;Q , ~ q, .:~ -n ""c.:: ,. rCo -:{1<:( \~;\(,~\ t:~:.~~'\ ":?\ ~ ...:~,. -:.-- <: ,~ v' .~',~~ ~:.4. ,. .- MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION STEVEN M. THALHAUSER NATALIE THALHAUSER, A1K/A NATALIE C. LEBARON, A1K1A NATALIE C. RICHWINE NO. 04-6522 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No, I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., 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 ,810 FAIRVIEW ROAD, 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) STEVEN M. THALHAUSER 810 FAIRVIEW ROAD CARLISLE, P A 17013 NATALIE THALHAUSER, A!K/A NATALIE C. LEBARON, A!K/A NATALIE C. RICHWINE 810 FAIRVIEW ROAD 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 INCORPORATED I VALLEY STREET 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 810 FAIRVIEW ROAD 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 ofl8 Pa. C.S, Sec. 4904 relating to unsworn falsification to authorities. /.....--... DIRE March I, 2005 DATE DANIEL G, SCHMIEG, Attorney for Plaintiff ,"- .-' c:::c., '3\ -;$. ..p So \ rV :<": ~;;;;, -- -- o -f\ .-\ :1:.",," '''f''. :5\\:=b'l~ .,<") ~1~1'.' ",:,..... ~,"'!. (-~.~~ :;;S ',,<:{'n ::::~ ""\.l~ :<.~ ~;> 0) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, No. 04-6522 CIVIL v. STEVEN M. THALHAUSER NATALIE THALHAUSER, AlKJA NATALIE C. LEBARON, AlKJA NATALIE C. RICHWINE Defendant(s). March I, 2005 TO: STEvEN M. THALHAUSER 810 FAIRvlEW ROAD CARLISLE, PA 17013 NATALIE THALHAUSER, A/K1A NATALIE C. LEBARON, A/KIA NATALIE C. RICHWINE 810 FAIRVIEW ROAD CARLISLE, PA 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY ** Your house (real estate) at, 810 FAIRvIEW ROAD, 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 $111,359.16 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you, In the event the sale is continued, an announcement will be made at said sale in compliance with Pa,KC.P., Rule 31293. 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, 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 if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390, 4, If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you, 6, You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale, This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff, It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale, The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale, CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION . LEGAL DESCRIPTION ALL THAT CERTAIN trael of land with the improvements theroon erected, situate in the 5th Ward of the Borough of Carlisle, Cumber]and County, pennsylV31lla, bounded and described pursuant 10 a survey by D,P, Ruffensperger, Registered Surveyor, on July 2, \964, as follows: BEGINNING at a point on the northern line ofFairview Road, a"he soutbe3stem comer of land now or fonnerly of Richard B. and Mary E, Gensler whicb point is eastwardly 236,28 feel from the eastern side of Media Road; thence by the northern line of Fairview Road, North 64 d"groes 07 minut"S East, 73 feet to a po;m; thence by tbe land now or f=<.,.ly of Penn-Crntral Masonry Co., Inc., North 25 degrees 53 minules West, \54.48 fOOL 10 a point; thence by Lot No, 2 oflhe herein after mentioned Plan ofl.ots, Soutb 66 degrees 06 minutes 40 second, W"'1, 59,04 reet to a point; thence by Lot No, 19 of said Plan of Lots, Soulh 34 degrees 23 minules West, 16.10 feet 10 a point on said land now Or fonner])' of Gensler; then"" by Ihe lauer land, South 25 degrees 53 minutes East, ] 48.53 feel to the place of BEGINNING BEiNG Lot No. 15, Revised Block'E as correctcd, and beiug tllC larger p"rt oftbe eastern 27 foot ;trip of 1.01 No, 16, Block 'E', and all of the western 46 fOOL Slrip of Lot No. ]5, llIock 'E', oflhe Plan of Lots of Halltilloll Development, as recorded in tbeOffice of the Recorder of Dtws for Cumberland Coumy in Plan Book 12, Page 60. TAX PARCEL # 06-]9-]64]-75 PREM]SES BEING; 8]0 FA]RVIEW ROAD, CARLISLE, PA ] 7013 r-" c:? c;? ~f' -". t-.; -;J:.) \ l'~ c' ~';"' ~ :S' ..~ .f~ ""\'1 rf\f';::; "(\8C~ -::,')"'/ c.>c") ':2~~:?\ ,f.,.", r'\) ~:,'\ <'1. ...- -- .. (>) (,) . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ) CIVIL ACTION ) vs, STEVEN M. THALHAUSER ) CIVIL DIVISION ) NO. 04-6522 CIVIL NATALIE THALHAUSER, NK/A NATALIE C. LEBARON, NKJA NATALIE C. RICHWINE AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL SCHMIEG, ESQUIRE attorney for MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS. INC. hereby verify that on March 8. 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: April 26. 2005 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION STEVEN M. THALHAUSER NATALIE THALHAUSER, AfKJA NATALIE C. LEBARON, AfKJA NATALIE C. RICHWINE NO. 04-6522 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., 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 ,810 FAIRVIEW ROAD, CARLISLE, P A 17013 . L Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) STEVEN M. THALHAUSER 810 FAlRVIEW ROAD CARLISLE, P A 17013 NATALIE THALHAUSER, A/KJA NATALIE C. LEBARON, A/KJA NATALIE C. RICHWINE 810 FAIR VIEW ROAD CARLISLE, P A 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 so I d: 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 INCORPORATED 1 V ALLEY STREET 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 810 FAIRVIEW ROAD 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 ofl8 Pac C.S. Sec. 4904 relating to unsworn falsification to authorities. March I. 2005 DATE DANIEL G. SCHMIEG, Attorney for Plaintiff UlRE y"" . s " . . - , z 0:% 11.\\ ~~ '{; " ~ - v> - "" - v> - N ,,"" V> 2 ~ ~ '2..!!O- & 'Z ~~ ~ ;~ %8.. ~ ~~. .., ,; ~ ~ . , ~ ~ l' "'~ " 8 ~~ 8: , . ~ ;;;.,~ '" u, . ~\ Z \-i ~ Q ~ 1 . ~ ~V\'$s--l ~ge.~ g .~?~ \ ~ '-'Po Il' ... ('> i$ ~ ~,~ i;. P.3'~'6'~ ~e -;::> 0 ~~_~8.,b a-B-g3:;' il'gl't- ;;.". c\ ::'5""" .., ~ ~.~ ~ li" . 9.,\f~gt 9;;0' ~ ~ g ~~&~e. l>' v>' lP-- ug'g1s % ~~ %~- :. ~_rrt ~ ;_%~ ~ '& ~,~~- a.g.~;; 3g~% ~::_%6 . .::;:1: <> :::> '%1> % ~ ~. . ~_~~113 9'<i"""~ o g ~ " "&-rrt~ i: g~2~ .....a"'r e: * g";i ~ ~5-'" e I;!;. <J> ::3 ~ 9~~- ~~ i % '" g -,:3 O;:l :. S' 9 ~''$* ~_s,"gg n 'G oa ::;:;;;8-0 ~~~~ ~~-.." g. ~ <J'. __ t> it g s ----- - - - o >0 ." -.1 0< v> "" v> N - r' ~. O","'Z ..,0." (/lo.S ; ~ ~ ~~%l '" " ... 0. l> a <> iO z c: 3 a .. ~ C) 'z . 0 . w;, . g, ,. ~ ~ i"l S ~ ~ '" ~ ~ ~ ,. . - ... ~ i V> ~ 0 ~ % . ,. ~ ~ ; ~ ?;, C) ~ ~ '\:1_0""'0 g:~'g~ ~-J""'CiP Fo"'-'('\) ~g.g~ o;''Tjo:I: '-' . (1l)> ",'f".,",r- ';.t;r(ilgr ~~~'2 o.cz 'e ~ '-'to"" ~oa~ ~~g-I/I ~ ~ ';:::i n ~I!.~;:q ~p..~~ ~ ~ 6' fd ...(/l"'-" ,'" !:" ~~. ~ "... r- a... ' ii 0 '" ... 0 8 t z ~ > ~ ~ ~ "d rQ z ~ ~ ?;, :F C) ~ \ s~ ~?;, ?;,~ on 'f:8 "" '2?;, n .., ~eo o 0 ~ ~l ..,i':: \3~ . tr\ <~ >~ ~EJ ;.:: . v>O ..,~ w,(j) :-'b n " > "" ~; ~~ "" > - v> Z o ~ ~ ~ ~ \;\ ~ :-' \ \ \ \ \ \\~ \ ~ ~ ~ "" o ~ ~ Y' - -.1 o - v> t!'~POsl"~ fil ..-.. -I - ~ <!4-~"'=-"";f,=~, . $ 01.200 MAP 08 2005 IPCOOE 19100 i\' ------ !,""-,:' r.-;:! ,~-) ;C':';~ ::"h ~~j <.~:' ," c_ i',', Mortgage Electronic Registration Systems, Inc. VS Steven M. Thalhauser and Natalie Thalhauser a/k1a Natalie C. Lebaron a!kIa Natalie C. Richwine In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-6522 Civil Term Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on April 01, 2005 at 9:20 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Steven M. Thalhauser and Natalie Thalhauser a/k1a Natalie C. Lebaron a!kIa Natalie C. Richwine, by making known unto Steven Thalhauser, personally and husband of Natalie Thalhauser, at 810 Fairview Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him 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 3:10 o'clock P.M., he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Steven M. Thalhauser and Natalie Thalhauser a!kIa Natalie C. Lebaron a!kIa Natalie C. Richwine located at 810 Fairview Road, 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 ofthe pendency of the action to the within named defendant, to wit: Steven M. Thalhauser and Natalie Thalhauser a!kIa Natalie C. Lebaron a!kIa Natalie C. Richwine, by regular mail to their last known address of 81 0 Fairview Road, Carlisle, PA 17013. These letters were mailed under the date of April 18, 2005 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriff's Costs: Docketing Poundage Advertising Posting Handbills Law Library Prothonotary Levy Surcharge Mileage Postage 30.00 14.15 15.00 15.00 .50 1.00 15.00 30.00 7.40 .74 1.60 Q"-D iJ J V?.... / I, 6:21., 'I Law Journal Patriot News Share of Bills 288.65 287.56 16.47 $ 721.47 Sworn and subscribed to before me This /j/'P day of ll~, , 2005,A.D'~1~~~ )n/J?~ So~w~~ ~~ /~~n;."'~ _ ~ · R Thomas Kline, eriff BY \JtJ~ I~tit. Real Es te Deputy ; .. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION STEVEN M. THALHAUSER NATALIE THALHAUSER, A1K/A NATALIE C. LEBARON, AlK/A NATALIE C. RICHWINE NO. 04-6522 CIVIL Defendant(s). AFFIDA VlT PURSUANT TO RULE 3129 (Affidavit No, I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., 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 .810 FAIRVIEW ROAD. 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) STEVEN M. THALHAUSER 810 FAIRVIEW ROAD CARLISLE, PA 17013 NATALIE THALHAUSER, A/KJA NATALIE C. LEBARON, A/KJA NATALIE C. RICHWINE 810 FAIRVIEW ROAD 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 oflast recorded holder of every mortgage ofrecord: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITlFINANCIAL INCORPORATED 1 VALLEY STREET 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 810 FAIRVIEW ROAD 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. C.S. Sec. 4904 relating to unsworn falsification to authorities. March L 2005 DATE DANIEL G. SCHMIEG, Attorney for Plaintiff DIRE , . , MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 04-6522 CIVIL v. STEVEN M. THALHAUSER NATALIE THALHAUSER, AlKJA NATALIE C. LEBARON, AlK/A NATALIE C. RICHWINE Defendant(s). March I, 2005 TO: STEVEN M. THALHAUSER 810 FAIRVIEW ROAD CARLISLE, P A 17013 NATALIE THALHAUSER, A/K1A NATALIE C. LEBARON,A/KJA NATALIE C. RICHWINE 810 FAIRVIEW ROAD CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR AITEMPTING 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 AITEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at , 810 F AlRVIEW ROAD, CARLISLE, P A 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, PA 17013, to enforce the court judgment of$I11,359.16 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P " Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE 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. . , I 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3, The sale will go through only if the buyer pays the 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 ofthe 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 . , J LEGAL DESCRIPTION ALL TIlAT CERTAIN tract oClaod with 'the improvements thereon em:ted, siluale in the 5th Ward of the Borough of Carlisle, Cumberland Coonty, Pennsylvania, bounded and described pursuant to a survey by D.P. Ruffcmperger, Registered Surveyor, on July 2, 1964, as fullows: BEGINNING ot . point 1m the northern line ofFairview Road. at the southeastern corner of land now or formerly of Richard B. and Mary E Gensler which point is eastwardly 236.28 feet from the eastern side of Media Rood; thence by the nol1llern line ofFairview Road, North 64 degrees 07 minutes Easl, 73 feel to a point; thence by the land now or foonerly ofPenn-Cc:mrn1 Masonry Co., lne., North 25 degrees 53 tninutes West, 154.48 feel 10 a point; thence by Lot No, 2 of the herein after mentioned Plan of Lots, South 66 degrees 06 minutes 40 seoond. West, 59,04 feet 10 a point; lhence by Lot No. 19 of said Plan of Lots, Soulh 34 degrees 23 minules West, 16.1 0 feet to a point on said land now or formerly of Gensler; thence by .he 1.l1er land, South 25 degrces 53 minutes E.st, 148.53 feet 10 the pia<:<: ofBEGlNNlNG BEING Lot No. 15, Revisod Block 'E as corrected, and being the larger part ofllle eastern 27 fOOl strip ofW No. J 6, Block 'E', 3nd311 oftbe western 46 foot strip of Lot No, IS, Block 'E', ofllle Plan of Lots ofHalJliltOll Development, as rerorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 12, Page 60. TAX PARCEL # 06-19-1641-75 PREMISES BEING: 810 FAIRVIEW ROAD, CARLISLE, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-6522 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From STEVEN M. THALHAUSER, NATALIE THALHAUSER, AlKJA NATALIE C. LEBARON, AlKJA NATALIE C. RICHWINE (1) You are directed to levy upon the property of the defendant (o)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach tbe 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 he/she has been added as a garnishee and is enjoined as above stated, Amount Due $111,359.16 LL $.50 Interest FROM 3/1105 TO 6/8/05 (PER DIEM - $18.31) - $1,812.69 AND COSTS Atty's Conun % Due Prothy $1.00 Atty Paid $129.70 Plaintiff Paid Date: MARCH 2, 2005 Other Costs CURTIS R. LONG (Seal) protho~ e ~ ~ n... fl ~r--- Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, EQUIRE 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 .- u..C: u.. . (2r LLJ>- :c;;:' (f)==-' c) Wr ~ :::C;".-., >-, lL< o ldC;: Ul~j i::~ ....."'- 0:::> U Real Estate Sale #29 On March 09, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 810 Fairview Road, Carlisle, more fully described on Exhibit "A" J!led with this writ and by this reference incorporated herein. .::l" M ~ate: March 09, 2005 (X) I 0:: ....: :E By:J~C<<1 SvuJjl Real Estate Deputy ~ = = ~ ~ c:::;ril C;:::' ~ (50 e;;;;l . " THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No, 587, Approved May 16, 1929 Conunonwealth 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 Conunonwealth 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 26th day(s) of April and the 3rd and lOth 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 Miscellaneous Book "M", Volume 14, Page 317. COpy S ALE #29 Sworn to and su 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 28756 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 QTA"q1lALE No. 2t Will..... eM,... IIIarIl'" EIecfoIll.... 1lewi..........'ay......Inc. . Va --1I.~ericI '.... r---~~....... 1IIIrIil....... C. L;betan 1IIIrIil....... c.1IICItwIne My: __ ScI_.Jeg DESCRIPTION . AlLI1IA'rClilD'Alll_mlaadwilhthe inIpuvemems - COi<lOI, _.in tile 5th .wan! of the - m CadiaIe. Cumbodand c-,. ~ _ 101I desaibod _ .. a surrey by DP. Jbjf_, RqisomI s....,w,1lDJuly2.111fi4..follows: BEllINNING.. .,....IIl__1ine of FairvieWlload. lib ,-..I.. .' I .d:cmaer of laad _ orfmncriy m RidIanI B, and Ma1y E, Geusler wbich poiIIl k .-..ny 23628 ftel from the ..- side m Media Road; tbeoce by the_linem_RoMI.,"",,64 degm:a1l1_East.13feet..apoial;tbeoce by the laad _ or fOllllOdy of l'am-CaIbal Masooay Co.....,.'""" 25 degRes 53....... _.154,48 feet.. apoint;tbeoce by LoI Np, 2 mthe... afttr _ PIau mLol5. South 66degm:a06_<<l__.59114ftel lO.poiat; thealie by Lot No, 19 msaid P1anm LoI5. _ 3>1 degm:a 23 ....... _. 16.10 foetlOapoiotlllsaidlaadnowor_ym Gan5kr. tbeoce '!l: lIIe _ laad. SouIh 25 ~-East.I48.53foet..th<place BEING Lot No'~'. _1Ilock: 'E' " _. and beiDg1holalp pari m lIIe..- TI ft>ot strip mLot No, 16.Bloclt 'f'.maI all of the-..46ft>otstrip mLolNo,15.Bloclt 'E', ot the PIau m LoI5 m _ IlevdopDcal, as IOCordodiollleOllia:ofthe_ofD=ls furCombcrlaadCooully io P\tIa IIool: \2.Pagefil, TAXPARcm.No.06-19-1641,75, PIlIlIdJSllS BI!IlO: .10._...... CJdisle.PA 17013,. 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, ofthe 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, V1Z: 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 statemer~",1s to time, place and character of publication are true, ,u -- SWORN TO AND SUBSCRIBED before me this 29 day of April NOTARI SEAL LOIS E. SNYDER, Notary Public Carlisle BolO, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 29 Wrtt No, 2004-6522 Civll Mortgage Electronic Registration Systems. Inc. vs, Steven M. Thalhauser and Natalie Thalhauser a/k/a Natalie C. Lebaron a/k(a Natalie C. Rich\Vine Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAiN tract of land with the improvements thereon erected, situate in the 5th Ward of the Borough of Carlisle, Cumberland County. Pennsylvania. bounded and described pursuant to a survey by D.P. Ruffensperger. Registered Sur- veyor, on July 2. 1964, as follows: BEGINNING at a point on the northern line of FaiTView Road, at the southeastern comer of land now or formerly of Richard B. and Mary E. Gensler which point Is eastwardly 236.28 feet from the eastern side of Media Road: thence by the north- ern line of Fairview Road. North 64 degrees 07 minutes East, 73 feet to a point; thence by the land now or formerly of Penn-Central Ma- somy Co., Inc.. North 25 degrees 53 minutes West. 154.48 feet to a point; thence by Lot No. 2 of the hereJn after mentioned Plan of Lots. South 66 degrees 06 minutes 40 seconds West. 59.04 feet to a point; thence by Lot No. 19 of saJd Plan of Lots. South 34 degrees 23 minutes West, 16.10 feet to a point on said land now or formerly of Gensler; thence by the latter land. South 25 degrees 53 minutes East, 148.53 feet to the place of BEGINNING. BEiNG Lot No, 15, Revised Block 'E as corrected. and being the larger part of the eastern 27 foot strip of Lot No, 16, Block 'E' and all of the western 46 foot strip of Lot No. 15, Block 'E', of the Plan of Lots of Hamilton Development. as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 12. Page 60. TAX PARCEL #06.19.1641.75, PREMISES BEING: 810 Fairvlew Road, Carlisle. PA 17013.