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HomeMy WebLinkAbout05-0406 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 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 0, ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 05 - lfo~ ~ v. CUMBERLAND COUNTY MICHELLE L. LOUTHIAN 27 LAUREL DRIVE MECHANICSBURG, PAl 7055 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a 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 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 File #: 110481 File #: 11048 J 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. I. Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) ofthe Defendant(s) are: MICHELLE L. LOUTHIAN 27 LAUREL DRIVE MECHANICSBURG, P A 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described, 3. On 09/27/1996 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PENNSYLVANIA STATE BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1344, Page: 108. By Assignment of Mortgage recorded 10/1/96 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 531, Page 503. 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 I % I /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#'. 1\0481 6. The following amounts are due on the mortgage: Principal Balance Interest 09/01/2004 through 01/21/2005 (Per Diem $13.45) Attorney's Fees Cumulative Late Charges 09/27/1996 to 01/21/2005 Cost of Suit and Title Search Subtotal $57,829.21 1,923.35 1,225.00 79.08 $ 550.00 $ 61,606.64 Escrow Credit Deficit Subtotal 0.00 47.81 $ 47.81 TOTAL $ 61,654.45 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 tenninated because Defendant(s) haslhave 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. 10. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 61,654.45, together with interest from 01/21/2005 at the rate of $13.45 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 & SCHM1EG, L~,I.J..,!J , .~J~.~ By: ~rancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: I t04&1 LEGAL DESCRIPTION ALL THAT G.:ERTAIN house or lot of ground situate in the 2nd Ward of the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the building line of the South side of East Keller Street, at the center of the partition wall of a double framc dwelling house; thence along said building line, eastward 20 feet 3 inches to a point; thence southward along Lot formerly of George Sipe, now of Mabel Geesey, 138 feet, more or less to a point on Hill Alley; thence westward along the line of said alley, 20 feet, 3 inches to a point on line of Lot formerly of Percy W. Baker and wife, now of Bertha Byers; thence northward along the line of said last mentioned Lot, 138 feet, more or less and passing through the center of the partition wall of the double house, to a point on the building line of Keller Street, aforesaid, the place of BEGINNING HAVING thereon erected the eastern one-half of a double frame dwelling house, known as No. 32 East Keller Street, Mechanicsburg, Pennsylvania. Being No 32 East Keller Street Filc#: 110481 VERIFICATION MICHAEL D. VESTAL hereby states that he/she is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC. mortgage servicing agent for Plaintiffin this marter, 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 ofhis/her knowledge, infonnation 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. 44;; D 'it~ DA1E: /-ltJ[)5 .~~ . iJ - "'" Qi' ~ ~ ~. ~ - ~ o po 0'\ ~ y;; i"','" , , r~~ DJ ~........, 1.~::';~ , ,.~.') ,-...i''' o "11 .-1 L"'r] 1,'11:,::;;, -r:-JfTl -lie) lJ,(j ,', ..::) ';:~~ ITl , ::.2 (- :. '~': I""") -'"J r<> (.11 l;J'l. , .. AFFlDA VIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY PJT No. 2005-00406 CIVIL DEFENDANT(S) SERVE MICHELLE L. LOUTIDAN AT 27 LAUREL DRIVE MECHANICSBURG, PA 17055 NUCHELLE L. LOUTHlAN ACCT. #3061502 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 8, 2005 Served and made known to~lcl, flf~ ~ \ )"0 L)~~~;rDefendant, on the /3 ~ day of ~~ ,200_-? at (;:38, o'clock,e.m., at ;:J.. 7 J., a'-' I"-e.-I 0 f': ') /!IelL;rj..)\ (5bc; o<.,j . COllUIlOnwealth ofPeMsylvania, in the maMer described below: Defendant personally served. ( I ~ 1 )< Adult family member with whom Defendant(s) reside(s). Name and Relationship is Co - f'\ J kJ' , t.,J', Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. .0 d Manager/Clerk of place oflodging in which Defendanl(s) reside(s). r-. a rJ 1 Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: ' I d- . ,. ". . b9 Description: Age tJO Height 57 WeightlOP Race ~}11SexA Other tJ" ') l,:}:,:>sc-: S cI<l.(<"~"'( <:.- L C9.1t.t" )'f..' I. . J / . a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the dale and at the address indicated above. y3 \{~ tJ t- NOTARlALSEAL LUCIllE H. CARTY, =. NlIIc ~~NoV.1~ Sworn to and subscribed before .lJICthi ',S/3-N'," daY,. " ~ ~_ ofiJliN'cK .200~. , ~ Notary: ']"'" '., ,-;, 1.( "-^-"- By: ~o~~_~ H. J. , PLEASE A TIEMPT SERVICE AT LEAST 3 TIMES. I ICA TE DA ES OF SERVICE A TIEMPTED. NOT SERVED Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 SHERIFF'S RETURN - REGULAR CASE NO: 2005-00406 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS LOUTH IAN MICHELLE L ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE LOUTH IAN MICHELLE L DEFENDANT was served upon the , at 1705:00 HOURS, on the 25th day of January 2005 at 27 LAUREL DRIVE MECHANICSBURG, PA 17055 MICHELLE LOUTH IAN by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.14 .00 10.00 .00 36.14 Sworn and Subscribed to before me this 34.-<( day of :Lp""~'7 J <'Of A.D. el"",,- 0 "7'vt,{IP.., AtlHJ:::' I 'Prothonotary ,-"'f"'= So Answers: -~(7/ ~ r >>~,..~~ ~~ R. Thomas Kline 01/26/2005 PHELAN HALLINAN SCHMIEG ~.+?:'~A Deputy Sheri f - ) SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-00406 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS LOUTHIAN MICHELLE L 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 LOUTHIAN MICHELLE L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT , LOUTHIAN MICHELLE L 32 EAST KELLER STREET MECHANCI SBURG , PA 17055 32 EAST KELLER STREET MECHANICSBURG IS VACANT. Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: 6.00 .00 5.00 10.00 .00 21.00 ",,;ct- ~,.-/' -"-./ ~ -.,' __,7 ( R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 01/26/2005 Sworn and subscribed to before me this 3d day of :J~... 7 ., / ~=~ A.D. ( l 't..<..- Q ))" ,1PJ u A1J;';; pr~~notary !~ 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., SIDTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 2005-00406 CIVIL MICHELLE L. LOUTHlAN 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 MICHELLE L. LOUTHIAN , 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 1121/05 to 311/05 TOTAL $61,654.45 $538.00 $62,192.45 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. ~P&~ DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: fil';:;v;"cf... .1 a09S , ~. PRO PROTHY . PHELAN, HALLINAN AND SCHMIEG . By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (71 ')) ')01-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY MICHELLE L. LOUTHLAN Defendants : NO. 05-406 CIVIL TO: MICHELLE L. LOUTIDAN 27 LAUREL DRIVE MECHANICSBURG, PA 17055 DATE OF NOTICE: FRRRlllI.RV 15. 2005 THIS FIRM IS A DEBT COLLECTOR A TIEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATIEMPT 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 ATIEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITIEN 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 IMPORT ANT 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 ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S, HALLINAN, ESQU1RE Attorneys for Plaintiff . SHERIFF'S RETURN - REGULAR 4& CASE NO: 2005-00406 P COMMONWEALTH OF PENNSYLVN,IA: COUNTY OP CUMBERLAND COUNTRYWIDE HOME LOANS INC VS LOUTHIAN MICHELLE L ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LOUTHIAN MICHELLE L the DEFENDANT , at 1705:00 HOURS, on the 25th day of January 2005 at 27 LAUREL DRIVE MECHANICSBURG, PA 17055 by handing to MICHELLE LOUTH IAN 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 So Answers: 18.00 8.14 .00 10.00 .00 36.14 -?~~Gf2~;::.,,<;.;<. ..~,,:-;.:<-:.:;-:' ~. ,--;;"...-:;.;...;;,-r~' , R. Thomas Kline 01/26/2005 PHELAN HALLINAN SCHMIEG me this day of Sworn and Subscribed to before A.D. Prothonotary . ... 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 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 2005-00406 CIVIL MICHELLE L. LOUTHlAN 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 MICHELLE L. LOUTHIAN is over 18 years of age and resides at, 27 LAUREL DRIVE, MECHANICSBURG, P A 17055 . This statement is made subject to the penalties of 18 Pa. e.S. Section 4904 relating to unsworn falsification to authorities. DANIEt:;J~~~~~E~:~QUIRE Attorney for Plaintiff . . , ' - LEGAL DESCRIPTION ALL THAT CERTAIN Ilouse or 101 of ground siruate in the 2'" Ward of tile Borougll of Mecllanicsburg, County of Cumberland and Commonwealth of Pennsylvania. bounded and described as follows. to wil: BEGINNING at a point on the building line of the Soulh side of East Kellcr Slreel, at Ihe center of the partition wall of a double frame dwelling house; tllcncc along said building line, Eastward 20 feet 3 inches to a point; thence Southward along 101 formcrly of George Sip<:, now of Mabel Geesey, 138 feet. more or less 10 a point on Hill Alley; tllencc Westward along the line of said alley, 20 feet, 3 inches to a point on line of Lot formerly of Perry W. Baker and wife, now of Bertha Byers; thence Northward along the line of said last mentioned Lot, 138 feet, more or less and passing through the cenler of the partition wall of Ille double house. 10 a point on Ihe building line of Keller Street, aforesaid. the place of beginning. HAVING thereon erected the Eastern one-half of a double frame dwelling house. known as No. 32 East Keller Street, Medlalucsburg, l'ennsylvania. TITLE TO SAID PREMISES IS VESTED IN Micbelle L. Louthian. a single woman by Deed from Evelyn L Fulfer. by her Attorney-in-Fact, Curtis W. Fulfer and Curtis W. Fulfer and Karen S. Fulfer, his wife as tenants by the entireties as to each other and as joim tenants with right of survivorship. dated 9[2711996 and recorded 101111996 in Record Book 146 Page 977. PROPERTY ADDRESS: 32 EAST KELLER STREET, MECHANICS BURG, PA 17055 TAX PARCEL: #17-24-0787-050 , .- .~ (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 2005-00406 CIVIL MICHELLE L. LOUTHIAN Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on (Il':lllL L { 200.5 . 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 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.' c'i '1- ~ ?- '" \N ~ t; ~1 r-- -U} p ~ T'IL 6 -l:~ \) ..at In.k (') t-- 0, .., -' -r>n Ic'nf\. :g,\:) -:'~~'~;:\ 7"'" .,:,) C') _;,... ',,',~. r-n .::,~. \':0;.\ 'Y,".; en .~ .~..., ,..,:,.., r.-.' ~:,~,l \ ::r. :;~j \ <.-.J - - ~ / ,.- PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 COUNTRYWIDE HOME LOANS, INC. Plaintiff, v. No. 2005-00406 CIVIL MICHELLE L. LOUTHIAN Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $62,192.45 Interest from 3/1/05 to JUNE 8, 2005 (per diem -$10.22) $1,011.78 and Costs TOTAL $63,204.23 ~G~ DANIEL G. SCHMIEG, E QUIRE 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. <It. ~z <It. ~... ... >j... ~<J) z ~z ~~ ~.; o~ U';J ~o U ~~ 5~ us ::\Ol. '~~ ~C .- \.0 -'~:r :.;_ r~" ___ i " \i:'2t\ ~,)...- ~\ 'tj\(;~, c''') ~ i.1~ \ I...-'l.,.l.-- c~. \:~~~'~t,~: -:,;S .~.... ~- ~ ,-" ..g Vs ~ U ~ ril ~ o ... ~ g ... e ~ ... z 5 U ,;, .. ~ $ ... 5 ... ~ ... d ~ U ~ ~ ... ... c ~~ ...a ",,9. o ~ .. ~~ ~~ ~~ ",0 ...e. ~ U 1 f -Ta~ ~ p2 - +: ...,....::: - - - ~J- ('- \ \ \ \ (j~:j();J~ (J_;jv,.<J . wi ~-:'V)O-'l\ _ "') ~ V) 1Jr - ~ .r. .r. ~ .... ..... <It. ~ ~ $ <J) ~ e ~ .J ~ ~ ~ ~ ... ~ 'i :? 1M \ - ~~ - <J ":J \ <:l 0) -- :r '\7} ~ Cl- (V) - ~ ~ 'i ~ 0) p ~ ~ '" Ii) ~ p.. 0) ~ ~ ~ ~ 1 ~ ~ 3 ~ ~ "1: o ~~ a~ =7:- ~t d - ) ,.- LEGAL DESCRIPTION ALL THAT CERTAIN house or lOt of ground situate in the 2'" Ward of the Borough of Mechanicsburg, County of Cumberland and Commonwealth of PC1Ulsylvania. bounded and described as follows, to wit BEGINNING at a point on the building line of tbe South side of East Keller Street, at the center of the partition wall of a double frame dwclling house; thence along said building line, [:astward 20 feet 3 inches to a point; thence Southward along lot formerly of George Sire, now of Mabel Geesey, 138 feet. more or less to a point on Hill Alley; thence Westward along the line of said alley, 20 feet, 3 inches to a point on line of Lot formerly of Perry W. Baker and wife, now of Bertha Byers; tbence Northward along the line of said last mentioned IJ){. 138 feet, more or less and passing througb the center of the partition wall of tbe double hOUSe, to a point on the huilding line of Keller Street, aforesaid, the place of beginning. HAVING thereon erected the Eastern one-half of a double frame dwelling house. known as No. 32 East Keller Street, Mechanicsburg, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Michelle L. louthian. a single woman by Deed from Evelyn I. Fulfer, by her Anorney-in-Fact, Curtis W. Fulfer and Curtis W. Fulfer and Karen S. Fulfer, his wife as tetUlllts by the entireties as to each other and as joint tenants with right of survivorship, dated 9/27/1996 and rec,)rded 10/111996 in Record Book 146 Page 977. PROPERTY ADDRESS: 32 EAST KELLER STREET, MECHANICSBURG, PA 17055 TAX PARCEL: #17-24-0787-050 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-406 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From MICHELLE L. LOUTHIAN (I) 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 GARNlSHEE(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 $62,192.45 L.L. $.50 Interest FROM 3/1/05 TO 6/8/05 (PER DIEM - $10.22) - $1,OIl.78 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $139.t4 Other Costs Plaintiff Paid Date: MARCH 3, 2005 (Seal) CURTIS R. LONG Protho.A: ,--By: ()..".,p P77z(")(~) Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-18t4 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 PIDLADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION MICHELLE L. LOUTHIAN NO. 2005-00406 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. &ru~p {, Q.J,..,,_~~ DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff ~~ ~:; \ (~, (,") -"'11 :;1 ~-(\ f\1~i ...n'.--: ~ '~':r, H l':-;. --7 -n :f~:'~ ':~J ,,<~ ..:: f..,)< -- - tI COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS MICHELLE L. LOUTffiAN CIVIL DIVISION Defendant(s). NO. 2005-00406 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) COUNTRYWIDE HOME LOANS. 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 32 EAST KELLER STREET, MECHANICSBURG. P A 17055 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHELLE L. LOUTHIAN 27 LAUREL DRIVE MECHANICSBURG, PA 17055 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) GREENWOOD TRUST COMPANY P.O. BOX 6011 DOVER, DE 19903-6011 BOSCOV'S DEPARTMENT STORE, INC. P.O. BOX 4274 READING. PA 19606-0674 ROBERT J. HALLINEN 140 WEST LOCUST STREET CARLISLE, P A 17013 MARKIAN R. SLOBODIAN, ESQUIRE, TRUSTEE 801 NORTH SECOND STREET HARRISBURG, PA 17102 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) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record 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 caunot be reasonably ascertained, please indicate) Tenant/Occupant 32 EAST KELLER STREET MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in 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. e.S. Sec. 4904 relating to unsworn falsification to authorities. March 1, 2005 DATE ~j(;= DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff r-,' c<., ,p ....1'\ --"!o"" ~~ "Y',:.,>> ~ \ v> () ~"i') .-\ :t: -r I rnf"'::; -\1 r~ ~_:'J(-( c7,("') .,r:j,:\ \;2(':<:) :,.:,~~;11 ::;:,\ ~j~ ._- - .. en - - # COUNTRYWIDE HOME LOANS, INC. Plaintiff, CUMBERLAND COUNTY v. No. 2005-00406 CIVIL MICHELLE L. LOUTHIAN Defendant(s). March 1, 2005 TO: MICHELLE L. LOUTHIAN 27 LAUREL DRIVE MECHANICSBURG, P A 17055 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTlNG 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, 32 EAST KELLER STREET, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff's 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 $62.192.45 obtained by COUNTRYWIDE HOME LOANS, 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 Sheriff's Sale, you must take immediate action: 1. The sale will be canceJled 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. Ifthe Sheriffs Sale is not stopped, your property wiJI 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. Ifthe amount due from the Buyer is not paid to the Sheriff, you wiJI remain the owner of the property as ifthe 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 wiJI be filed by the Sheriff within 30 days ofthe sale. This schedule wiJI 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, P A 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN house or lot of ground siwate in the 2'" Ward of the Borough of Mecbanicsburg, County of Cumberland and Commonwealth of Pennsylvania, hounded and described as follows, to wit BEGINNING at a point on the building line of the South side of East Keller Street, at the center of the partition wall of a double frame dwelling house; thence along said buik/ing line, Eastward 20 feet 3 inches to a point; thence Southward along lot formerly of George Sipe, now of Mabel Geesey. 138 feet, more or less to a point on Hill Alley; thence Westward along the line of said alley, 20 feet. 3 inches to a point on line of Lot formerly of Perry W. Baker and wife, now of Bertha Byers; thence Northwatd along tbe line of said last mentioned Lot, 138 feet, more or less and passing through the centcr of the partition wall of the double bouse, to a point on the building line of Keller Street, aforesaid, the place of beginning. HA VINCi thereon erected lhe Eastern one.balf ofa double frame dwelling house, known as No. 32 East Keller Street, Mechanicsburg, Pewlsylvania. TITLE TO SND PREMISES IS VESTED IN Michelle L wuthlan. a single woman by Deed from Evelyn I. Fulfer, by ber Attorney-in-Fact, Curtis W. Fulfer and Curtis W. Fulfer and Karen S, Fulfer, his wifc as terulUt~ b}' the entireties as to each other and as joilll tenants with righr of survivorship, dated 9127/1996 and recorded 10/1/1996 in Record Book 146 Page 977. PROPERTY ADDRESS: 32 EAST KELLER STREET, MECHANICSBURG, PA 17055 TAX PARCEL: #17-24-0787-050 o ,-- <rJ .J." ,..., c::) L::.~.) ':--'" () -'11 .-1 -r: -r1 [l1r- ~1~~J C::(:) ~:.~~ -=i} (J (') ..-::m C.~ "'7':," ~~i -j''':, 5:.... Al I <...) en IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA COUNTRYWIDE HOME LOANS, INC. ) CIVIL ACTION ) vs. MICHELLE L. LOUTHIAN ) CIVIL DIVISION ) NO. 2005-00406 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL SCHMIEG, ESQUIRE attorney for COUNTRYWIDE HOME LOANS, INC. hereby verify that on March 4, 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. SCHM SQUIRE Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. MICHELLE L. LOUTHIAN CIVIL DIVISION Defendant(s). NO. 2005-00406 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) COUNTRYWIDE HOME LOANS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMffiG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 32 EAST KELLER STREET, MECHANICSBURG, P A 17055 . I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address camlOt be reasonably ascertained, please indicate) MICHELLE L. LOUTHIAN 27 LAUREL DRIVE MECHANICSBURG, 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) GREENWOOD TRUST COMPANY P.O. BOX 6011 DOVER, DE 19903-6011 BOSCOV'S DEPARTMENT STORE, INC. P.O. BOX 4274 READING, PA 19606-0674 ROBERT J. HALLINEN 140 WEST LOCUST STREET CARLISLE, PA 17013 MARKIAN R. SLOBODIAN, ESQUIRE, TRUSTEE 801 NORTH SECOND STREET HARRISBURG, PA 17102 . 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) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record 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 32 EAST KELLER STREET MECHANICSBURG, 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 171 05 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. SCHMIEG, SQUIRE Attorney for Plaintiff r' o~~ .....Po; " v.o N - ~ wet ;, (l:I (0 po ~- ~ '" ;l ~ .... Po ~ .. 'Z e %- .. ~ .-l (') 0 ~ \Qt~% ~ 0 \& ~ o ~ (\ \ h ~ ~ 'B sa8t;~ ~Q;~~ ~ >-d (/l ~ t'1 ~ Q; ~ ~ ~ ~ \ ~ ~ - It; 1;, ~ ;~~ ~ >% (') \:\ ~ ~ ,~~ :t. Q; 'b (\ ~ ~ ~ ~ t'1 ';I: o s; I:;, ';I: 1.J.l 'I" ~ ';>> 0.. 9 :t. _;:"1j~ 0 \-~~~ ~ '& ~ ~ " ,-> ~ ~ m \\~ ~ '{!.. e Sri 9> ~ <--------- .~ . II e e e e'eUJJ"\.\o ~,~ '" ... v.o N - 0 i~ ~'i2., '{I ~ "''" ? ~~ ~ \\~ -e.. t;. ~\?, trI 0':9- r' ~~ . \ ~~ ~ .-l ;-< tI:l Cl ~ ~ ~ ~ ~ g >% .-l ';>> 'e ?:', L., ? ~ I'd ~ ~ ~ <a ~~ "2. '9 ~ tI:l '9 ~ tI:l S ~ ;:: " 0 'j ~ "" rrl ~ ?:i t, g "2. 9 ><0 ';>> ?:i ~ S r gl ~ ~~ ~~ ;~ '" . - ~ ~ ~ \~ .-l g ~ ~ ~ ~ ~ ~ ~ ~ - (') ~ '{!.. Sri '" ';>> 1 9, l " " :t. o ~ ';I: (fJ 'r\ ~ ::, o ~ c m '" % ~ ~ ><0 ';>> ~;;;t~~ ; ~~ % ; ,-.50 a ~ a,;-~" 0..:;" a .,.~ ra?;' g 5" t-l % ....., a::l .... ~,~;s. Q'w.g%~ ~lM~, i&.-dl~';; ~~ ~ '0'% ~ ~~ t2:-~' .....,,,s. ~ Cl- S ~~ ~ g ? ~NXJ:'~ .~ ~ '\ji~n \ 9:~%rJ. ... 'C,.rt\ g. R ~4; 0> ~ '* 'ii a is. t'1 ~ -. $ ';>>, p.'6..~~ >. i %!b'" N :a-~t ~~~ i ~ ';- ~1lS. g:'6<tE .gg'g't g'~~ a ~~~;:; ~.~~ %h" 1\",.\1 !' ~ ~~. 'g-g.g.3 d~~- a 9'.'t'. a. ~ ~.~% ~.a 'b~' ''i>' ~ ~~~e: ". ~... ~;;,'-g.~ % 'g 6' - - - -' - S ?ill ".,,<;J:~L~'fl v~ f , lR,', , / /J'li!l/ ~ -- I .. " --~: i ~~ fe' ..:Iff, ~.;.i '>C>'/ )i. ,- "'...-"~'" ~~o~ ",-.I",r \~g~ ;po "t\ () 'e:: .",''7'~ 0 ';l>~~r ...-"5:;''"' """, z 6~r.e>-' v.>roO"'.Z :"o",\1:? co,,~ ..-"~e." V2.. ~~~Ut ~ p. %. ~ 0 ....cnelr> ." ~' ~~ r ..." . "...-" r .%.1>- i-O ,,<:> . ... <:> '" ';>> - - -' o - #!>l'OS); ,~... 40^ _, < -I ~ i ~~~ ",J~';;" ",~ $ 02.'\00 ~;Q4:;ooo 11 ~R 04 2005 ",p.\lEO FROM "lIP cool". ,9' 0" '" ~ C) r'-.) c , C) I ,. :'~ 'T1 ~. , --, T - , (i'i 0 ", , -'<" C,'. 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 Federal Home Loan Mtg Corp 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, 2005 Number 406, at the suit of Countrywide HOme Loans Inc against Michelle L Louthian is duly recorded in Sheriffs Deed Book No. 269, Page 3935. IN TESTIMONY WHEREOF, I hav~eunto set my hand and eal of said office this 7 day of , A.D. c..J O-O!.5.-'''''' Countrywide Home Loans, Inc. VS Michelle L. Louthian In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-406 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on April 04, 2005 at 8:12 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: Michelle L. Louthian, by making known unto Michelle Louthian personally, at 27 Laurel Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2005 at 9:46 o'clock A.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 Michelle L. Louthian located at 32 East Keller Street, Mechanicsburg, 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: Michelle L. Louthian, by regular mail to her last known address of 27 Laurel Drive, Mechanicsburg, PAl 7055. This letter was 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 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 Federal Home Loan Mortgage Corporation. It being the highest bid and best price received for the same, Federal Home Loan Mortgage Corporation of Foreclosure Unit, Mail Stop 61, P.O. Box 5000, Vienna, VA 22183-5000, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of$8lI.78. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy $30.00 15.92 15.00 15.00 30.00 10.00 .50 1.00 16.28 4.70 15.00 Surcharge Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $ 20.00 .37 279.35 277.69 16.47 25.00 39.50 811. 78 Sworn and subscribed to before me This _ day of 2005, A.D. Prothonotary So Answers: /~~ f. Thomas Kline, Sherif[ By,J~~ J vvujJ. Real Esta Deputy / rrY jO'1J"l 'J"l \. Ue.{03t-).... ~, II. "f" COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS MICHELLE L. LOUTHIAN CIVIL DIVISION Defendant(s). NO. 2005-00406 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) COUNTRYWIDE HOME LOANS, 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 32 EAST KELLER STREET, MECHANICSBURG, PA 17055. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHELLE L. LOUTHIAN 27 LAUREL DRIVE MECHANICSBURG, 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) GREENWOOD TRUST COMPANY P.O. BOX 6011 DOVER, DE ]9903-6011 BOSCOV'S DEPARTMENT STORE, INC. P.O. BOX 4274 READJNG, PA ]9606-0674 ROBERT J. HALLINEN ]40 WEST LOCUST STREET CARLISLE, PA 17013 MARKlAN R. SLOBODIAN, ESQUIRE, TRUSTEE 80] NORTH SECOND STREET HARRISBURG, PA ]7102 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) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record 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 32 EAST KELLER STREET MECHANICSBURG, P A 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in 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 I, 2005 DATE ~r.ir= DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. Plaintiff, CUMBERLAND COUNTY v. No. 2005-00406 CIVIL MICHELLE L. LOUTHIAN Defendant(s). March 1, 2005 TO: MICHELLE L. LOUTHIAN 27 LAUREL DRIVE MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR AITEMPTlNG 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 A ITEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. .* Your house (real estate) at. 32 EAST KELLER STREET. MECHANICSBURG. PA 17055. is scheduled to be sold at the Sheriff's 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 $62.192.45 obtained by COUNTRYWIDE HOME LOANS. 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. 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 maybe 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 ifthe 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 ifthe 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 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 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3] 66 (800) 990-9] 08 LEGAL DESCRIPTION ALL THAT CERTAIN house or lot of ground situate in the 2"' Ward of the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, 10 wit: BEGINNING at a point on the building line of lhe South side of East Keller Street. at the center of the partition wall of a double frame dwelling house; thence along said building line, Eastward 20 feet 3 inches to a point; thence SoutllW1ll'd along lot formerly of George Sipe, now of Mabel Geesey, 138 feet, more or less to a point on Hill Alley; thence Westward along the line of said alley, 20 feet, 3 inches to a point online of Lot formerly of Perry W. Baker and wife. now of Bertha Byers; thence Northward a100g the line of said last mentioned Lot. 138 feet, more or less and passing through the center of the partition wall of the double house. 10 a point on the building line of Keller Street, aforesaid, the place of beginning. lJA VING thereon erected the Eastern one-half of a dooble frame dwelling bouse, Irnown as No. 32 East Keller Street. Mechanicsburg, Pennsylvania. TITLE TO $AID PREMISES IS VFSTED IN Michelle L. Louthian, a single woman by Deed from Evelyn I. Fulfer, by her Attoroey-in-Fact, Cunis W. Fulfer and Curtis W, Fulfer and Karen S. Fulfer, his wife as tenants b}' the enlireties as 10 each other and as joilll tenants with right of survivorship. dated 9/27/1996 and recorded 10/111996 in Record Boole 146 Page 977. PROPERTY ADDRESS: 32 EAST KELLER STREET, MECHANICSBURG, P A 17055 TAX PARCEL: #17-24-0787-050 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-406 Civil CIVIL ACTION - LAW TO THE SHERlFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From MICHELLE L. LOUTHIAN (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $62,192.45 L.L. S.50 Interest FROM 311105 TO 618105 (PER DIEM - SI0.22) - $1,01I.78 AND COSTS Atty's Comm % Due Prothy SI.OO Atty Paid $139.14 Other Costs Plaintiff Paid Date: MARCH 3, 2005 CURTIS R. LONG (Seal) Protho~ <...J!y: n~" JJ. ~fl./Ut./ 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 .G: u.. p.. u.. . ->- a:...... uJ- :10" ""- , u.Ji \-- - U--, o w.J f... (...)L U:~--:. u.-'i: 0;":: Real Estate Sale #30 On March 09, 2005 the Sherifflevied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA Known and numbered as 32 East Keller Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 09, 2005 By:JDcL( Jvnlt-h Real Estate Deputy .D rn M E> CVil CVil = GV ltViJ 0.. cP I ~ ;;<:; 'G ~ , THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Connnonwealth ofPelO1Sylvania, 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 PelO1Sylvania, 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 andlor 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 virtoe 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 Mis aneous Book "MOO, Volume 14, Page 317. COpy S ALE #30 Sworn to and sub PUBLICATION CUMBERLAND COUNTY SHERlFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRlOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 277.69 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 dilly paid. By.................................................................... RIAL D1lm! MLE No. 30 WI'Il NIl.... .. CIVIl.... Counll).... Honloit.o.na, Inc. v. IIIC~"I,J.<~ AIty: DlIIlW. ~ A1LlllATCIIIlr.lIN.." lolof,lOl'JIld - in 1llo ;l!Il WIlt of ,1llo Boroogh of ~.~'of~aod CoimnoDwtaltIl of l\A.,fl...:bounded and destribedasfollows,ron , BOOINNING at ....1llI1llo blJiIding line of 1llo _ side,of Eall,(,ollor SlIoct. at 1llo """"'ol1llo'jlIIliIiot>...uof'<loooi>len- dweIIio& -,............ blJiIding Iino. _ 20 feel 3 ... ..~ point; II-. _aIoDclolfDaloalyof~Sipe._ ofMabelOoeaey.llf feel._ or)ooo.., point III HiD Alley; II-. ~ ",1llo1ino of saidallcy.20feel,3_"'poioIlIllinoot Lot tixmedy of PalyW. __....._ of _Ily<n; 11-.__"''' Iilo of lIillIaitIllellli<loellLot.llllleot,_or)ooo_ J*Iioi....1llo """" of lhe ~... lit 1IIe__,lq.pointoolhellolfdilalilaof KdIar,*-, Ifotecaid. 1llo placo lit _. 1IAVINO......""""'Ibe_...bIII of, __.......,IIwae._ IS No. 32 IlaoI KdIor' SlIoct, ~, . :=;', FuIfor,biswif<..._by1llo eacIl__..joiDt_wilh' 1llI>lvmbip. _ 912711996 _ " 10111 19iI6ioaa...ll_I4l;I\Ice977. ~ I ADIl/Il!SS: 32 IlaoI ,~ _ .. =or.Illl1055, TAX 1iO,11:~~...' ~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No, 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss, COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues ofthe 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 statementr ~,to time, place and character of publication are true. , Editor SWORN TO AND SUBSCRIBED before me this 29 day of April N.. SEAL LOIS E. SNYDER, Notary Public CaIIIle Bolo, Cumberland County My Commi88lon Expires March 5, 2009 -' ,.~.- REAL ESTATE SALE NO. 30 Writ No, 2005-406 Civil Countrywide Home Loans, Inc. VS. Michelle L. Louthian Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN house or lot of ground situate in the 2nd Ward of the Borough of Mechanicsburg, County of Cumberland and Com- monwealth of Pennsylvania. bound- ed and described as follows. to wit: BEGINNING at a point on the building Hne of the South side of East Keller Street, at the center of the partition wall of a double frame dwell1ng house: thence along said building line. Eastward 20 feet 3 inches to a point; thence Southward along lot formerly of George Sipe, now of Mabel Geesey, 138 feet, more or less to a point on Hill Alley; thence Westward along the line of said alley, 20 feet, 3 inches to a point on line of Lot formerly of Perry W. Baker and wife, now of Bertha Byers: thence Northward along the line of said last mentioned Lot, 138 feet, more or less and passing through the center of the partition wall of the double house, to a point on the building line of Keller Street, aforesaid, the place of beginning. HAVING thereon erected the Eastern one~half of a double frame dwelling house. known as No. 32 East Keller Street, Mechanicsburg, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Michelle L. Louthian, a single woman by Deed from Evelyn I. Fulfer, by her Attorney-in-Fact, Curtis W. Fulfer and Curtis W. Ful- fer and Karen S. Fulfer, his wife as tenants by the entireties as to each other and as joint tenants with right of survivorship, dated 9/27/1996 and recorded 10/1/ 1996 in Record Book 146 Page 977. PROPERTY ADDRESS: 32 EAST KELLER STREET, MECHANICS- BURG, PA 17055. TAX PARCEL: #17-24-0787-050. \ 7 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG, ESQUIRE IDENTIFICATION NO. 62205 ONE PENN CENTER AT SUBURBAN STATION PHILADELPHIA, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION v. PHS#:110481 MICHELLE L. LOUTHIAN NO. 05-406 CIVIL CUMBERLAND County PRAECIPE TO MARK JUDGMENT SATISFIED AND MARK THE ACTION DISCONTINUED AND ENDED WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly satisfy the Judgment, which was entered on or about 03/03/05 in the amount of $62,192.45, and mark the action discontinued and ended, relative to the instant matter. ''''" i~ September 13, 2006 t-.,') (::-' ~-~ (/"_0 _ I . I -,. \:--:~ c1 ~~_.- , '''''......-