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HomeMy WebLinkAbout05-0155 STATE OF MICHIGAN JUDICIAL DISTRICT 16TH JUDICIAL CIRCUIT COUNTY PROBATE Court address 40 North Main, Mount Clemens, MI 48043 ~. OS./J'"S Ct<-"".:..f ~ CASE NO. CERTIFICATION OF RECORDS ATTESTATION OF EXEMPLIFIED COPIES 2001-005138-DO Court telephone no. 586-469-5351 Plaintiff Defendant MARK ALLAN THEISEN ROBIN JANET THEISEN v iJuvenile In the matter of lProbate In the matter of I ATTESTATION OF CLERK/REGISTER I am the clerk/register of the court and I attest that: 1. I am the custodian of the records of the 16th Circuit Court. 2. I have compared the annexed copies of: DEFAULT JUDGMENT OF DIVORCE from the above case with the originals on file and of record in this court, and I find the copies to be true copies of the whole of such originals. January 5, 2005 .........-"-_*_ ~1c'J!!!'__ ~A-_/;7'~ ~,- .!~ 1 ..;...;. "'- .f ~ - Co e ~ by: Clerk/Register Carmella Sabaugh Name(type or print) BV~6'^ R~~~.f)1:)~& Deputy Clerk/Register Date " "'k ~-~ ~ ,. /'" ;---,... ~. -"~~e-... ... ~ :;.. ....' ~"<,? : ;, &, .~-- - _:--,.- ~~ ~ '~ ~~A~" ,; /: . ~~, - . :.Ii ,.,,'- - - ~ ,~ ~ t STATEOFMICHIGAN ~ MACOMB COUNTY CIRCUIT COURT FAMILY DIVISION MARK ALLAN THEISEN Plaintiff, Vs. Case No.: 04-5138-DO Hon. Antonio P. Viviano ROBIN JANET THEISEN Defendant. MARK ALLAN THEISEN In Pro Per 7535 Stephens Certerline, Michigan 48015 (586) 754-3803 DEFAULT JUDGMENT OF DIVORCE At a session of court held in the courthoiW\ip. 2 9 ~1 Mt. Clemens, Michigan, pn U\I I LU&!'T Present: Honorable ANroNlO .., _ VJV~ANO Circuit Court Judge I :tJ.( 0 -4>~" s.- ~g:c (:) r- :t ::r c: ,.., g:J rn --l ~o;:: N % 0 }:>o \.f:) "'c: - %U"> -'t:T ::t -I > I:J:: C=;-<tt' :x: (') ~. N -,- ., Orn~ ~;~' -} Plaintiff filed a complaint for divorce. Defendant failed to answer within the time prescribed and a Default was duly entered by the Court. The Court is satisfied that the material factual allegations in the complaint are true and that there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and it is unlikely that the marriage can be preserved. 1 ~ -.-, r f'l1 o l;~~ ~it<~~~) ~~'K*),. (-::) .:~;.~:} ",~,".' IT IS ORDERED: Absolute Divorce 1. The marriage is dissolved and the parties are divorced. 2. There were no children born during the marriage of the parties and they do not have any minor children. 3. Neither plaintiff nor defendant is entitled to spousal support. Spousal support is forever barred. 4. Plaintiff will secure the necessary information and have his employer provide Defendant with COBRA benefit information. It is the sole responsibility of the Defendant to notify Plaintiffs employer of her desire to accept COBRA within the statutory period. 5. Each party affirms that there has been a full disclosure of all assets. 6. Plaintiff is awarded all household furniture and furnishings free and clear of any claim by Defendant. 7. Each party is awarded the items of personal property in his or her possession. 8. Each party is awarded the automobile in his or her possession on the date of this Judgment, free and clear of any claims or any debt associated with the following vehicles: Plaintiffs Vehicle 2003 Pontiac Aztec Defendant's Vehicle - 1983 Volkswagen 9. Plaintiff and Defendant will each be responsible for 50% of the $14,806.84 balance due on the home equity loan with Peoples Trust Credit Union (acct# 862010, loan #144) on the real estate. Defendant shall pay 'l2 of the balance within thirty (30) days from the date of the Judgment of Divorce. 10. The marital home, legally described as Lot 61 and the East 'l2 of Lot 62, "Van Dyke Heights Subdivision", as recorded in Liber 3, Page 87, of Plats, Macomb County Records and commonly known as 7535 Stephens, Centerline, MI 48015, will be transferred to Plaintiff within thirty (30) days from the date of the Judgment of Divorce. 2 /~ \~;..~ ~. 11. Defendant will be solely responsible for her credit card debt. 12. Defendant will be solely responsible for her medical bills incurred after April 1, 2004. 13. Defendant will pay to Plaintiff the sum of $5,000.00 to cover bills incurred after Defendant abandoned the marital home within thirty (30) days from the date of the Judgment of Divorce. PA4HaJT5.TO Sr"flT /)Ec. I, 2bOY 14. Any rights of either party as a named beneficiary or by assignment during or in anticipation of marriage in any policy or contract of life insurance, endowment, and annuity insurance on the life of the other are extinguished. 15. Each party is awarded all rights and interests in pension, annuity, or retirement benefits or in any accumulated contributions in any pension, annuity or retirement benefits. This judgment resolves the last pending claim and closes the case. /o/;).q/{)f Circuit Court Judge In signing this default judgment of divorce, I verify that I have read and understand its provisions and approve its substance and form. It correctly and completely states the terms of our property settlement agreement. To the best of my knowledge, I have fully disclosed to my spouse all assets in which I have any ownership interest, and this judgment distributes all the assets and only those assets that we have disclosed to each other. I consent to the entry of this judgment. Dated: Mark Allan Theisen Plaintiff 3 (") '" ~ 5;; C-.:.); 0 -::-:> c:.n -11 -;--,/. C'.- r f 1:-;,_ ::-f 11II < : ~..l::. :t:n -\'-'" ~ ,:.. """- 1"11_ r.... -- '1, rn ~ <:::) 7J)J c:;- ~:':10 ~ d :::.~ ('!ji~ "''r, ~ ..n -'- w f V) :.5["n 0 ., :::J 'vJ -' (11 :.0 00 -, { IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW (Y1(1(k A' {(U)1h~/~~ Plaintiff: D 5 / c::: 5 : FILE NO. '--:..J , / - 5 20 D5 VS. IN DIVORCE ~Dk1uJ ~~f1h-e,gh Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the PlaintifflDefendant in the above matter, having . I been granted a Final Decree in Divorce on the J. q "+-f\ day of Dt2.fo Ja.vr ;) QD '-f hereby elects to resume the prior surname of J< DO Z e. r and gives this written notice pursuant to the P~OViS/)S ;~ 5~ P.S. 704. DATE: 1- iO-05 ~ J~ Signature m'f{~ ing resumed COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND 9 : 'O'h--- On the J day of O-rv--t 0./711 ' 20~efore me, a Notary Public, personally appeared the above affiant knowh to me to be the person whose name is subscribed to the within document and aclmowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. NOTARIAL SEAL CLAUDIA A. BREWBAKER, NOTARY PUBLIC Carlisle Bora, Cumberland County My Commission Expires April 4, 2005 CJ ~ G N!J:Pu~if~ '- ..~.....~....._~_..----~-- r....:> 0 () <=> -n = ~ s; <:J1 :r-n '5.~.. C- ""1:.:G:~ :;;.... f11p ~ ;-';'j' Z --om ~ -r Cjc:-. :09 c:> SQ ~. ~ ::: -i,t ~c J:'O 0(') IlQ ;. ,~ 3: 9f'n ~ ~.::.:. <;? !,.~.,~ ~ g 3 w :< .... W Wells Fargo Bank, N.A., slb/m to Wells Fargo Home Mortgage, Inc. VS Stanley M. Deimler, Jr. - In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-155 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriffs Costs: Docketing Surcharge Prothonotary Law Library Poundage Share of Bills Levy Mileage 30.00 20.00 1.00 .50 1.90 19.57 15.00 8.80 $ 96.77 Sworn and subscribed to before me 2006, A.D. So Answers: -~? ..~ ~.e~ . . - R. Thomas llin;, Sheriff BYVoW4S~ Real E te Sergeant ,.SO Ch.. ,j ~ I. " ..., f1.-. 11'1 1 "l' .. . . . WELLS FARGO BANK, N.A., SIB/M 1'0 WELLS FARGO HOME MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DMSION STANLEY M. DEIMLER, JR NO. 06-155 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) WELLS FARGO BANK. N.A.. S/BIM TO WELLS FARGO HOME MORTGAGE. 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 .308 WERTZ AVENUE. MONROE. PA 17055. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) STANLEY M. DEIMLER, JR 308 WERTZ AVENUE MONROE, PA 17055 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) WAYPOINT BANK 235 NORTH 2ND STREET P.O. BOX 1711 HARRISBURG, PA 17105 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 308 WERTZ AVENUE MONROE, PA 17055 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. February 22. 2006 DATE , SO :E d hZ 911 qUUl I-Jd 'AIHIIOJ Oh,. ItJj&~HlJ .:HI~3HS 3Hl .:lO 3JI.:l.:lO . WELLS FARGO BANK, N.A., SIBIM TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, CUMBERLAND COUNTY No. 06-155 v. STANLEY M. DElMLER, JR Defendant(s). February 22, 2006 TO: STANLEY M. DEIMLER, JR 308 WERTZ AVENUE MONROE, PA 17055 ..THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A UEN AGAINST PROPERTY... Your house (real estate) at . 308 WERTZ AVENUE. MONROE. P A 17055. is scheduled to be sold at the Sheriffs Sale on JUNE 7. 2006 at 10:00 am. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $133.189.69 obtained by WELLS FARGO BANK. N.A.. SIB/M TO WELLS FARGO HOME MORTGAGE. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this 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 attoruey'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 STll..L 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 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 reoresentative of the olaintiff at the Sheriffs 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 LmERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 M ALL THAT CERTAIN tract or land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the western line ofW ertz Avenue, said point being at the dividing line between Lots Nos. 64 and 65 on the hereinafter mentioned Plan of Lots; thence along said dividing line, South 86 degrees 26 minutes 40 seconds West, one hundred and six and sixty-five hundredths (106.65) feet to a point; thence North 38 degrees 53 minutes West, ninety-nine and forty-three hundredths (99.43) feet to a point at the dividing line between Lots Nos. 65 and 66 on said Plan; thence along said dividing line, North 77 degrees 45 minutes East, one hundred fifty (150) feet to a point on the western line of Wertz Avenue; thence continuing along the line of Wertz Avenue, South 12 degrees 15 minutes East, one hundred five (105) feet to a point, the place of BEGINNING. HAVING thereon erected a one-story brick ranch-type dwelling house with attached garage, known as No. 308 Wertz Avenue, Mechanicsburg, Pennsylvania. BEING Lot No. 65 on the Amended Plan No.1 ofTrindle Spring Garden, recorded in . Plan Book 10 at Page 53. BEING the same premises which Richard A. Kauffinan and Elaine A. Kanffinan, husband and wife by Deed dated May 24, 1996, and recorded May 28, 1996, in Book 139, Page 1095, granted and conveyed unto Charles 1. Miller, Jr., in fee. Being Parcel # 22-24-0783-127 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Stanley Deimler, by Deed from Charles L. Miller, Jr., dated 12-2-03, recorded 12-10-03 in Deed Book 260, page 3764. PRIOR DEED INFORMATION 'J'1TLE TO SAID PREMISES IS VESTED IN Charles L. Miller, Jr., by Deed from Richard A. K911ffinan and Blaine A. Kaufflnan, husband and wife, dated 5-24-96, recorded 5-28-96 in Deed Book 139, page 1095. Premises: 308 W ertz Avenue, Monroe, P A 17055 . . . WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-155 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Wells Fargo Bank, N.A., SIB/M To Wells Fargo Home Mortgage, Inc. Plaintiff (s) From Stanley M. Deimler, Jr. (I) You are directed to levy upon the property of the defendant (s)and to sell See legal description of property. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that helshe has been added as a garnishee and is enjoined as above stated. Amount Due$133,189.69 Interest from 2/23/06 to June 7, 2006 Atty's Comm % Atty Paid $l1M'O Plaintiff Paid Date: February 23, 2006 L.L.$.50 (per diem - $21.89) $2,276.56 and Costs Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Prothonotary By: '1;~ ~~~. 9f Deputy REQUESTING PARTY: Name Daniel G. Schmieg, Esq. Address: One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: 1-800-990-9108 Supreme Court ID No. Real Estate Sale # 53 On March 01,2006 the Sherifflevied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA Known and numbered as 308 Wertz Ave., Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 01, 2006 By: Jb~5vjluLh Real E-itate Sergeant so :[ d hl 83.:1 QOOI Vd ')"HliIO:J LHNI/;JJ8WO:J .:l.:lllJ3HS 3Hl .:l0 331.:l.:l0 . . ( .--i) cv;J EVil c:::;:::I ~ IiV\l