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HomeMy WebLinkAbout05-0490 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO.~ - JfqO CiuJ~Vz..",\ CUMBERLAND COUNTY v, SHEILA B. MALONE 421 WEST MAIN STREET WALNUT BOTTOM, PA 17266 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 fol!owing pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personal!y 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. WIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 110045 File#: 110045 IF TillS 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: WASHINGTON MUTUAL HOME LOANS 8120 NATIONS WAY BUlLDING 100 JACKSONVILLE, FL 32256 2. The name(s) and last known addressees) ofthe Defendant(s) are: SHEILA B. MALONE 421 WESTMAlNSTREET W ALNUf BOTIOM, PA 17266 who islare the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 11/16/1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to SOVEREIGN BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1499, Page: 336, By Assignment of Mortgage recorded 12/10/01 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 682, Page 4784. 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 0910112004 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 #: 110045 6. The following amounts are due on the mortgage: Principal Balance Interest 08/01/2004 through 01/25/2005 (Per Diem $11.29) Attorney's Fees Cumulative Late Charges 11/16/1998 to 01/25/2005 Cost of Suit and Title Search Subtotal $63,420.25 2,009.62 1,250.00 110.97 $ 550,00 $ 67,340,84 Escrow Credit Deficit Subtotal 0.00 0,00 $ 0,00 TOTAL $ 67,340.84 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale, If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged, 8. 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 DefauIt as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave 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 $ 67,340.84, together with interest from 01/25/2005 at the rate of $11.29 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP , /' '. J:~ By: ~an LAWRENCE T, PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 110045 ALL THA~ CBRi'AIN 101: of ground dtuate in the Township of Soul:h Newton, County ot Cumbedand and State of pennsylvania, on the South dde of the Shippensburg~" Walnut Sottolll Road, Wesl: of the Villagll of Wdnut BottCllll, " bounded and desoribed as lollows I . SEGIIIN:rNG al: a point in the cenur of the Shi:ppansburg- Walnut Bott.,. Road at corner of lands now or fox:merly of Waldo S. bals; thence along said lands, South thirty and one-half (30-1/2) degrees East t1ve hundred and thirteen (5131 teet to thll right of way of the pllJ,lac!elphia anc! Read ng Ral~oad Company I thenell along said right of way North fifty-four (54) dQqrees twenty (20) minutes East, one hundred th.l.rt:y (130) feet, more or lesS, to a point at corner of lot of land now or formerly of John Wy:J,cJc and Helen Wy:1C:lc, his wife; thence along sa1d lands North : thJ.rty and one-half (30-1/2) dG9r8ell West four hWldred IInd eighty-five (485) feet, more or less, to a point in t the centBJ: of said road; thence along, saJ,d road by other . land now 0:': fox:merly of Waldo S. Heals South Bixty-three ; and one-half (63-1/2) degree.. W.st one hundr1lcl. twonty- ~ Uve' (125) feet to the place of BEGINNING. , . '.l'OGX'1'HEIl with the illlpro..ement:a thereon, erected. llXCJl?l', HOl/EVER, that certdn tract: of land wbicli .ArnoW Beecher and Elizabeth J. BeeCher, hta wif., by thaJ.>: deed da~ Oct:obe>: 23, USO and recoxded in, the Officlt of tho lleCONe~ of Deeds 1h and f~ CullIbllJ;lan4 cOunty in Doed premises being : 421 west main street Book "N., Volume 14, Page 376, granted and conveyed unto Reading CoIIIpeny. Con1:a.bung 0.045 a~e, 1lIO>:e 0,", 1.... BEING the same p1::emJ.ses which Nancy CaIIl9bell So=Ilerv111e, a/k/a Nancy CalI\Pbell, and Gary So_xvllle, he;:" husband, by the1:.: deed dated Kay 25, 1990 aM ~ecorded in the Office of tlIe Recorder of Deeds in and for Cu:mbedand County in Deed llOok .P', volume 34, Page 231', grantCld and cOllveyed unto Elizabeth Jane Beecher, widow, Granto,"" herelil. VERIFICATION 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. ~/f1<y:a ~ #~ Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: lksJror {Q, ~ (":) to g 7'1L VI .....' () <"'" 0 if( c;,~ c::~ 11 c.J' .-\ \) .,',~ <- :r:-n -r:.~ f.\ ,~ ~ n\fl. :r'" ("\1.i;:c;.. ~ ..1:: ~:~: ;;e -001 ~ \) N :07 -0 CJ" (?iq -0 -l .,L~I\ Ii" ~f- "'" 9(") -l\7.(";' ::v::. r ~-::.-Cl q (")rn :;> c:: ~A '1~ 2. I'-> ~ _~.:t -< N ,- '. AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS, INC. CUMBERLAND CQUNTY PIT No. 2005-490-CML DEFENDANT(S) SHEILA B. MALONE ACCT. #8432600255 SERVE SHEILA B. MALONE AT 421 WEST MAIN STREET WALNUT BOTTOM, PA 17266 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 8, 2005 I' SERVED L"f ~' f.)M 1 o(IJ L I '7 It. .1/1 . (~ s:- Served and made known to J f1 E-, "J. 10 I J I a-. ,Defendant, on the ,.:7 da of f' fiYC'- ,200_, at7JJ.7.0'clockf"m..at ",1../ t,U, fifo'lt-) 5f, W,",,/J"+ r30 O'i<-J Commonwealth of Pennsylvania, in the manner descnoed below: ,( Defendant personally served. Adult family member with whom Defendant( s) reside(s), Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship, Manager/Clerk of place oflodging in which Defendant(s) reside(s), Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant( s)'s company, Other: Dec-latiOn: Age 6~ Height~1/ Weight /30 Race-.iUJisexL Other ,\as-se<;" , ., L ~~ 'Ji<, !, o~ i'-- C. "- ,G It ,a competent adult, being duly sworn according to law, depose and state that! personally banded a true and correct copy of the No ce ofShenff's Sale In the manner as set forth herem, Issued m the captIOned case on the date and at the address indicated above, NOTARlALSEAL LUCIUE H. r.ARlY, =,NlIc ~~ra1~ Sworn to and subscribed o~ before me this 13 +hday ]! , of {i'//....U_Vl,200S. " .' If, ,." , No.." 'n~~. w,~~ "'/~~f!)1;J . PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES 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: I I Time: 2nd Attempt: / I Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of ,200~, Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 SHERIFF'S RETURN - REGULAR CASE NO: 2005-00490 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS MALONE SHEILA B KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland county, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MALONE SHEILA B the DEFENDANT at 1628:00 HOURS, on the 28th day of January 2005 at 421 WEST MAIN STREET WALNUT BOTTOM, PA 17266 by handing to SHEILA B. MALONE 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: /? /,~ ~!'"/"-'~',,,,-:.,,<, .~ ..r;.";;',.~-."''''' R. Thomas Kline ,.~~~, 18.00 11.10 .00 10,00 .00 39,10 01/31/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before me this 3,<..<{ day of J-<..e"u: A1 ':;>[9C)s' A,D, /l U4 , 0 InA/IL.- If ~4 '=frprothonotary' PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG w Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 2005-490-CIVIL SHEILA B. MALONE 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 SHEILA B. MALONE, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale ofthe mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 1/25/05 to 3/2/05 TOTAL $67,340.84 $417.73 $67,758.57 I hereby certify that (1) 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. iktuJG~ DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA DATE: fYI';::ln cJ... PI d-..QSlS" SHERIFF'S RETURN - REGULAR CASE NO: 2005-00490 P COMMONWEALTH OF PENNSYLVfu~IA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS MALONE SHEILA B KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MALONE SHEILA B the DEFENDANT at 1628:00 HOURS, on the 28th day of January 2005 at 421 WEST MAIN STREET WALNUT BOTTOM, PA 17266 by handing to SHEILA B, MALONE a true and attested copy of COMPLAINT - MORT FORE cogether with and at the same time directing ~er attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge .So AnS'ders: 18,00 11,10 ,00 10,00 ,00 39,10 -~ ~ ,.~/ ~/;,,,,(,,.,,., ..f" ....,:..;::-...... ..~-,,~<,;~' ..:c..' ..__c_';'_. R, Thomas Kline 01/31/2005 PHEL:~ HALLINAN SCHMIEG Sworn and Subscribed to before me this day or By:? <<;(;,7 / ~~r~' 2rD:..honocary PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T, Phelan, Esq" Id. No. 32227 Francis S, Hallinan, Esq" Id, No, 62695 Daniel G, Schmieg, Esq" ld, No, 62205 Philadelphia, P A 19103 (711) 101-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs, : CUMBERLAND COUNTY SHEILA B, MALONE Defendant : NO, 05-490 CIVIL TERM TO: SHEILA B. MALONE 421 WEST MAIN STREET WALNUT BOTTOM, P A 17266 DATE OF NOTICE: FF.RRIIARY IX 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE fNDEBTEDNESS REFERRED TO HEREfN. AND ANY INFORMATION OBTAfNED FROM YOU WILL BE USED FOR THAT PURPOSE.lF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY, IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE. A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTlIER IMPORTANT RIGHTS, YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE, IF YOU DO NOT HAVE A LA WYER. GO TO OR TELEPHONE TilE OFfiCE SET FORTIIBELOW, TillS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LA WYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITII INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO EI.IGIBLE PERSONS AT A REDUCED FEE OR NO FEE, CUMBERLAND COUNTY LA WYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PAl 70 13 (800)990-9108 FILE COpy D~t~- I'RANClS S HAl.I.INAN. LS(jl!IRI: Attorney's fur Plaintiff . PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, 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. 2005-490-CIVIL SHEILA B. MALONE 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 SHEILA B. MALONE is over 18 years of age and resides at, 421 WEST MAIN STREET, WALNUT BOTTOM, PA 17266. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ G 2.rl,.,~ DANIEL G, SCHMIEG, SQUIRE Attorney for Plaintiff LEGAL DESCRIPTION ALL TIlA T CERTAIN lot of ground situate in the Township of South Newton, County of Cumberland and State of Pennsylvania, on the South side of the Shillensburg- Walnut Bottom Road, West of the Village of Walnut Bonom. bounded and described as follows: BEGINNrNG at a point in the center of the Shippensburg-Wa1llut BotfOm Road at comer of lands flOW or formerly of Waldo S. Meals; thence along said lands, South thirty and one-half (30 (/2) degrees East five 110adred and thirteen (513) feet to the right of way of the Philadelpbia and Reading Railroad Company; thence along said right of way Nonh fifty-four (54) degrees twenty (20) minutes East, one hundred thirty (130) feet, more or less, 10 a point at corner of Lot of Land now or formerly of John Wyrick and Helen Wyrick, his wife; thence along said lands North thirty and one-ba1f (30 112) degrees West four hundred and eighty-five (485) feel, more or less. to a point in the cenler of said roads; thence along said road by other land now or fonneely of Waldo S, Meals South sixty-three and one-half (63 (/2) degrees West one hundred twenty-five (I25) feet to the place of beginning, TITLE TO SAID PREMISES IS VESTED IN Sheila B. Malone, single by Deed from Elizabeth Jane Beecber. widow, acting through her Allomey-in-Fact Richard W. Beecher, dated 4/1111991 and recurded 4112/1991 in Record Book 35-A, Page 1089, PROPERTY ADDRESS: 421 WEST MAIN STREET, WALNUT BOTTOM, PA 17266 TAX PARCEL: #41-32-2292-048 ~ (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 2005-490-CIVIL SHEILA B. MALONE Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on (dldi4:J... P 20~, __BV:i2o-'OJP 7l2~ DEPUTY , If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG. ESOUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF, KENNEDY BLVD,. SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ""THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY,"" t to (.) -l.9. II ~ ~ Fl Q ...t:. \J r - \\- -- -U - I:> ::;t. v..., ..(J </T-' ~ :,:-:.; ~ - ~ I ~ 1..) -- C:; b ~ it ~ ( \ c,) ~ ,- ,,_I f'.,) -~ - . - PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. Plaintiff, v. No. 2005-490-CIVIL SHEILA B. MALONE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $67,758.57 Interest from 3/2/05 to JUNE 8, 2005 (per diem -$11.14) $1,091.72 and Costs TOTAL $68,850.29 ~ . r; ,1rJ.-,",~ 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. '.t:i '.t:i M r- ,... < Ilo< ~ ,... ~ ~ ,... ~ z ~ ...~ S ~ OZ ~ ~ 00< ,... <~ U ~ ~ -d ~'!: u " ~~ ~ ~'E ~ ~ z ~ Z~ 000 "' \;Iil= ~ " ~~ '" .0 ~~ ... Q ,...\;Iil ~ 0"C ~ ut; .. ~ . ~ ~~ e O~ ~~ ,;, t; "' UZ \;IilZ ,. ~ ~ .. \;Iil t) ...~ ~g < ~ ~ g- OO := ~~ p. ,... " U ~S o .. M ~ ~~ ~ ... Q "'" \;Iil~ 1 s~ ~,... e: ;,; o~ "' u; u " ~'" ~ "d ~ ~\;Iil ~ " ~ - .- ,...~ ... '!:5 + .~ ] - '>-, . ~ (,,-1 C,:) , ) 7i~ - - ';; - , ~ ~ - cO -dJ ::: .J' - ,( :::: ::::: :::: CJ \ ~ r--- c.-: -1. 0-- Vl ",;'': r-I w""""" I I () - ,.c-.... ~ - ~ l.;/:c:. () -:) J <J \j ,-j (J () a ::r ~ <) - Vj 0 Vj a Vj ;i; viO-:-N' - --: \i S lJ) 0- le, b}. - ~'f) l.J) --- 'C71" LEGAL DESCRIPTION . ALL THAT CERTAIN lot of ground situate in the Township of South Newton, County of Cumberland and State of Pennsylvania, on me South side of me Shillensburg-Walnut Bottom Road, West of the Village of Walnut Bonom, hounded and described as follows: BEGINNING al a poinl in the eenler of the Shippensburg- Walnut Bottom Road at comer of lands now or fonnerly of Waldo S. Meals; tbence along said lands, South thirty and one-half (30 1/2) degrees F..a.~ five hundred and t1tirteen (.513) feet to me right of way of me Philadelphia and Reading Railroad Company; thence along said right of way North fifty-four (54) degn.-es twenty (20) minules East, one hundred thirty (130) feet, more or less, 10 a point at comer of Lot of Land now or fonnerly of John Wyrick and Helen Wyrick, his wife; thence along said lands North miny and one-half (30 1/2) degrees West four hundred and eighty-five (485) feet, more or less, to a point in the center (If said roads; tbence along said road by olher land now or fonnerly of Waldo S, Meals South sixty-three and one-half (63 112) degrees West one hundred twenty-five (12S) feCI to me place of beginning. TITLE TO SAID PREMISES IS VESTED IN Sheila B, Malone, single by Deed from Elizabeth Jane Beecher, widow, acting through her Attorney-in-Fact Richard W. Beecher, dated 411111991 and rewrded 4/1211991 in Record Book 35-A, Page 1089 PROPERTY ADDRESS: 421 WEST MAIN STREET, WALNUT BOTTOM, PA 17266 TAX PARCEL: #41-32-2292-048 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) N005-490 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 SHEILA B. MALONE (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 he/she has been added as a garnishee and is enjoined as above stated, Amount Due $67,758.57 L.L. $.50 Interest FROM 3/2/05 TO 6/8/05 (PER DIEM - $11.14) - $1,091.72 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $121.1 0 Other Costs Plaintiff Paid Date: MARCH 8, 2005 CURTIS R. LONG (Seal) Prothonotary 077 ~: h C2-j 0 .2 / '~.vur,r-- Deputy REQUESTING PARTY, Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No, 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PffiLADELPffiA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION SHEILA B. MALONE NO. 2005-490-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. ~ (" jrA.m.~ DANIEL G, SCHMIEG, QUIRE Attorney for Plaintiff \ Cf} C;(;:l r-..) -,' .~ Request for Military Status Page I of I Department of Defense Manpower Data Center .. Military Status Report _ Pursuant to the Servicemen's Civil Relief Act of 2003 MAR-02-200514:23:10 <last Name First Middle Begin Date I Active Duty Status I Service/Agency MALONE SHEILA B, Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant( s), per the Information provided, as to all branches of the Military, ~w{~o--~ Robert J, Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems, lfyou have information that makes you feel that the DMDC response is not correct, please fax your response to 703-696-4156 or call 703-696-6762 and further research will be done. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification tbat the SSN they submitted is a match or non- match. https://www.dmdc.osd.mil/udpdri/owaJsscra.prc_Select 3/212005 , . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION SHEILA B. MALONE NO. 2005-490-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 421 WEST MAIN STREET, WALNUT BOTTOM, PA 17266. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SHEILA B. MALONE 421 WEST MAIN STREET WALNUT BOTTOM, P A 17266 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) ALLFIRST BANK 25 SOUTH CHARLES STREET BALTIMORE, MD 21201 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 421 WEST MAIN STREET WALNUT BOTTOM, P A 17266 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 2, 2005 DATE &~ (, ~~ DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff ,,' ." () ."(l ::r. " ~~'..... , 0: (Y,; i'J MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, No. 2005-490-CIVIL v. SHEILA B. MALONE Defendant(s). March 2, 2005 TO: SHEILA B. MALONE 421 WEST MAIN STREET WALNUT BOTTOM, P A 17266 "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 421 WEST MAIN STREET, WALNUT BOTTOM, PA 17266, 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 $67,758.57 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. 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. lfthe 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 Sheriffthe full amount due in the sale, To find out ifthis has happened, you may call (717) 240-6390. 4. lfthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened, 5 . You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you, 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7, You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 . LEGAL DESCRIPTION ALL THAT CERT AfN 101: of ground situate in the Township of South Newton, County of Cumberland and State of Pennsylvania, on the South dde of Ihe Shillensburg-Walnut Bottom Road, West of the Village of Walnut Bottom, bounded and described as follows; BEGINNING at a point in the center of the Shippensburg- WaInut Bottom Road at corner of lands flOW or formerly of Waldo S. Meals; thence along said lands, South thirty and one-half (30 1/2) degrees East five hundred and thirteen (513) feel to the righl of way of lbe Pbiladelphia and Reading: Railroad Company; thence along said right of way North fifty-four (54) degrees Iwenly (20) minutes East, one hundred thirty (130) feel, more or less, to a poinl al corner of Lot of Land now or formerly of John Wyrick and Helen Wyrick, his wife; Ihence along said lands North thirty and one-half (30 112) degrees West four hundred and eighty-five (485) feet, more or less, 10 a poinl in the center of said roads; thence along said road by other land now or fonneriy af Waldo S, Meals South sixly-three and one-half (63 1/2) degrees West one hundred twenty-five (125) feet 10 the place of beginning. TITLE TO SAID PREMISES IS VESTED IN Sheila B. Malone, single by Deed from Elizabelh Jane Beecher. widaw, acting through ber Attorney-in-Fact Richard W. Beecher, dated 4/1 1/1991 and recorded 4/12f1991 in Record Book 35-A, Page 1089. PROPERTY ADDRESS; 421 WEST MAIN STREET, WALNUT BOTTOM, PA 17266 TAX PARCEL: #41-32-2292-048 t~") c:;.) CJ <;I'\ ::tr. ."c,' ~:J , G-:'J c,l \'\'i 0::,) f'J - Mortgage Electronic Registration Systems VS Sheila B, Malone In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-490 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 Poundage Mileage Levy Law Library Prothonotary Surcharge 30.00 1.42 4.44 15.00 .50 1.00 20.00 $ 72.36 Sworn and subscribed to before me This --2L day of 1Y{a..Mi. 2005, A.Dt, 1. ~ 7"b<t4" rothonotary ~-- ?~~ . ' R. Thomas Kline, Sheriff BY doc( q Jruil~1 Real Estate Deputy ~l , J.1t{).(,f j(- , /1 D~-\ \ Ie v MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION SHEILA B. MALONE NO.200S-490-CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the abo action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for th Writ of Execution was filed the following information concerning the real property located at 421 EST MAIN STREET, WALNUT BOTTOM. PA 17266. I. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SHEILA B. MALONE 421 WEST MAIN STREET WALNUT BOTTOM, P A 17266 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 lie on the real property to be sold: Name Last Known Address (if address cannot b 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) ALLFIRST BANK 25 SOUTH CHARLES STREET BALTIMORE, MD 21201 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 hose interest may be affected by the sale, Name Last Known Address (if address cannot b reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has a y interest in the property which may be affected by the sale: Name Last Known Address (if address cannot b reasonably ascertained, please indicate) Tenant/Occupant 421 WEST MAIN STREET WALNUT BOTTOM, P A 17266 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 m personal knowledge or information and belief. I understand that false statements herein are made su . ect to the penalties ofl8 Pa. C.S. Sec, 4904 relating to unsworn falsification to authorities. March 2. 2005 DATE ~('k~ DANIEL G, SCHMIEG, E QUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. CUMBERLAND COUNTY Plaintiff, No. 2005-490-CIVIL v. SHEILA B. MALONE Defendant(s). March 2, 2005 TO: SHEILA B. MALONE 421 WEST MAIN STREET WALNUT BOTTOM, P A 17266 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COllECT A DEBT AND ANY INFORM. TION OBTAINED WIll BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHAR E IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTR ED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at 421 WEST MAIN STREET WALNUT BOTTOM P 17266 IS scheduled to be sold at the Sheriffs Sale on JUNE 8. 2005 at 10:00 a.m. in the Cumberland, ounty Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of$67 58.57 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (the mo gagee) 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, lat charges, costs and reasonable attorney's fees due, To find out how much you must pa 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 Co rt 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 rig..~ts. The sooner you contact one, the mor 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 OTHE RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was gros Iy 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 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 will remain the 0 er 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 th Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceeding to evict you. 6. You may be entitled to a share of the money which was paid for your house. A sc edule 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 accord ce with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed wi 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, immediately after the sale. you act YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THAVE ISTED IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It ma n t be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale mus be postponed or stayed in the event that a representative of the plaintiff is not present a 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 eERT AIN lot of ground situate in the Township of South Newton, County of Cumberland and State of Pennsylvania, on the South side of the Shillensburg-Walunt Bottom Road, West of the Village of Walnut Bottom, bounded and described asfollom: BEGINNING at a point in the center of the Shippensburg-Walnut Bottom Road at comer of lands now or formerly of Waldo S. Meals; thence along said lands, South thirty and one-half (30 1/2) degrees East five hundred and thirteen (513) feet to the right of way of the Philadelphia and Reading Railroad Company; thence along said right of way North fifty-four (54) degrees twenty (20) minutes East, one hundred thirty (130) feet, more or less, to a point at comer of Lot of Land now or Cowerly of John Wyrick and Helen Wyrick, his wife; thence along said lands North lhirty and one-balf (30 112) degrees West four hundred and eighty-five (485) feet, more or less. to a point in the center of said roads; thence along said road by olber land now or fonnerly of Waldo S. Meals South sixty-three and one-half (63 112) degrees West one hundred twenty-five (125) feet to the place of beginning. TITLE TO SAID PREMISE.'i IS VESTED IN Sheila B. Malol)(:, single by Deed from Elizabeth Jane Beetber, widow, actiJlg through !ler Attorney-in-Fact Richard W. Beechllt, dated 4/1111991 and recorded 41121199110 Record Book 3S-A, Page 1089, PROPERTY ADDRESS: 421 WESTMAlNSTREET, WALNUT BOTTOM, PA 17266 TAX PARCEL: #41-32-2292-048 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) . N005-490 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (5) From SHEILA B. MALONE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined fr m paying any debt to or for the account of the defendant (s) and from delivering any property oflhe defen nt (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 a a garnishee and is enjoined as above stated. Amount Due $67,758.57 L.L. $.50 Interest FROM 3/2/05 TO 6/8/05 (PER DIEM - $11.14) - $1,091.72 AND COSTS Ally's Comm % Due Prothy $1.00 Atty Paid $121.10 Other Costs Plaintiff Paid Date: MARCH 8, 2005 CURTIS R. LONG (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No, 62205 Real Estate Sale #37 On March 09,2005 the Sheriff levied upon the defendant's interest in the real property situated in South Newton Township, Cumberland County, PA Known and numbered as 421 West Main Street, Walnut Bottom, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 09,2005 , I ' J' l' By:v rJa..u I/I;ufh Real Estatd Deputy ~ ~ Z( :b 'V b - INN ~OUl Vd'AIN!iuJ' ",", .:1.:!/1:i3HS C,)l"" ,H,',Ul-JI1J ",hJU 3:Jld:10