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HomeMy WebLinkAbout05-0586 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 CENDANT MORTGAGE CORPORA nON 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 A TIORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. oS- -.5Pb ~~~Lj-~ CUMBERLAND COUNTY v. CHARLES L. REIGEL A/KJA CHARLES REIGEL 59 EAST PENN STREET CARLISLE, PA 17013 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 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 #: 1lO532 File #: 110532 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE, THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME, FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is CENDANT MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known addressees) of the Defendant(s) are: CHARLES L. REIGEL NKI A CHARLES REIGEL 59 EAST PENN STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 08/16/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ALL FIRST BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1769, Page: 2205. By Assignment of Mortgage recorded 12/26/2002 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 692, Page 4631. 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 08/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, tbe entire principal balance and all interest due thereon are collectible forthwith. File #: I] 0532 6. The following amounts are due on the mortgage: Principal Balance Interest 07/01/2004 through 01/28/2005 (Per Diem $13.54) Attorney's Fees Cumulative Late Charges 08/16/2002 to 01/28/2005 Cost of Suit and Title Search Subtotal $59,094.66 2,870.48 1,250.00 136.88 $ 550.00 $ 63,902.02 Escrow Credit Deficit Subtotal 0.00 438.38 $ 438.38 TOTAL $ 64,340.40 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 ofIntention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) 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 $ 64,340.40, together with interest from 01/28/2005 at the rate of $13.54 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 ~.s:~ By: Is/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: ]] 0532 LEGAL DESCRIPTION All that certain lot or piece of ground with the building and improvements thereon erected, being known as (59 EAST PENN STREET CARLISLE, PA 17013), being further described on that certain Deed dated 08/l6/2002 and recorded 08/23/2002 in the office of the Recorder of Deeds in CUMBERLAND County in Deed Book No. 253, Page 1360. Folio (02-20-1800-286) BEING known as 59 EAST PENN STREET VF,RTFlCA nON MARC J. HINKLE hereby states that he/she is V.P. ofCENDANT MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hislher knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~/M / DATE: Jf {)GJ/(f: p~ olq. <n If"\ '\\:- 1- . V<. - t Q S ~ - ~ ..0 6"" 4- t ~ ~ . r-> C,:~1 (,':.,..,:J (;..r"'l -r'\ r''''\ C5 I N -:::-4 -,~ - C? 9i -\ :::C-n p"lf';': ""TJn' - ,0 :~.':; (~) -,~'-"\', ',."'1" ~~::~ "T'" ~El rGJ r.- - SHERIFF'S RETURN - REGULAR CASE NO: 2005-00586 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPORATION VS REIGEL CHARLES L AKA CHARLES R RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon REIGEL CHARLES L AKA CHARLES REIGEL the DEFENDANT , at 0850:00 HOURS, on the 7th day of February 2005 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to CHARLES L REIGEL a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 .00 .00 10.00 .00 28.00 ~~~.~ R. Thomas Kline 02/07/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: GJ~~ Deputy Sheriff <t. me this lif - day of j"!;~7 JInJs'. A.D. r...l7Q.~,,~ 7 Prothonotary ..-~. , PHELAN HALLINAN & SCHMIEG, L.L.P. _ By: DANIEL G. SCHMIEG 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 CENDANT MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-586 CIVIL TERM CHARLES L. REIGEL, A/KJA CHARLES REIGEL 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 CHARLES L. REIGEL, AJKJA CHARLES REIGEL, 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 1/29/05 to 3/29/05 TOTAL $64,340.40 $ 8]2.40 $65,152,80 I hereby certify that (I) the addresses ofthe Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. /) IRE DAMAGES ARE HEREBY ASSESSED AS INDICATE DATE: fYl';J.!l.C i :J / 'JobS' ( ~ PHELAN HALLINAN & SCHMIEG, UP ,. - By: Lawrence T. Phelan. Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq.. Id. No. 62205 Philadelphia, PA 19103 (71)) )1i1.7000 FILE COpy ATTORNEY FOR PLAINTIFF CENDANT MORTGAGE CORPORATION Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY CHARLES L. REIGEL AlKjA CHARLES RErGEL Defendants : NO. 05.586 CIVIL TERM TO: CHARLES L. REIGEL AlKJA CHARLES REIGEL 59 EAST PENN STREET CARLISLE, PA 17013 DATE OF NOTICE: MARCH I. 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE [S SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO 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 MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THlS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PAl 70 13 (800)990-9108 . ,j..><...~J.~4 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2005-00586 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENDANT MORTGAGE CORPORATION VS REIGEL CHARLES L AKA CHARLES R RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon REIGEL CHARLES L AKA CHARLES REIGEL the DEFENDANT , at 0850:00 HOURS, on the 7th day of February, 2005 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to CHARLES L REIGEL a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 .00 .00 10.00 .00 28.00 r~-<~ R. Thomas Kline Sworn and Subscribed to before By: r52k~ Deputy Sheriff 02/07/2005 PHELAN HALLINAN SCHMIEG me this day of 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 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CENDANT MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION CHARLES L. REIGEL, A1K/A CHARLES REIGEL NO. 05-586 CIVIL TERM Defendant(s). CERTIFICA nON 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 l8 Pa. e.S. Section 4904 relating to unsworn falsification to authorities. .~ ( DANIEL G. SCHMIEG, E IRE Attorney for 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 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CENDANT MORTGAGE CORPORATION 4001 LEADENHALL ROAD CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-586 CIVIL TERM CHARLES L. REIGEL, AlK/A CHARLES REIGEL Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge ofthe following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service ofthe 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 CHARLES L. REIGEL, AfKlA CHARLES REIGEL is over l8 years of age and resides at, 59 EAST PENN STREET, CARLISLE, PA 17013. This statement is made subject to the penalties of l8 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, E Attorney for Plaintiff c~ ?t- r ~ Qf ~ ~ o K\l ... }J ...t:: o G-> -4:: - -.::c ..t:: ~ .....0 ..;.:;;.. -0 C) \) ~ ~ ( ---.. ("'l c. ~ ~~ c:;lo oJ' ...... ::~ -r: -n .,.;.~ ("'.'r' :>J ....,,(1"""\ <-'" _.)<:)3 ':'~~jS-}l si: \:)~ ~:f. Cf! :::t JJ ---j 0' ~..:.:. ---- - \.: .""'- "" , PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CENDANT MORTGAGE CORPORATION Plaintiff, v. No. 05-586 CIVIL TERM CHARLES L. REIGEL, AJKJA CHARLES REIGEL Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $65,l52.80 Interest from 3/29/05 to SEPTEMBER 9, 2005 (per diem -$lO.7l) $l,756.44 and Costs TOTAL $66,909.24 & DANIEL G. SCHMIEG, UIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. .... ... <:> t- ... < ~ ~ \ ~ ...$ ~ 9 ~ O~ U ~? ..... rf) .... ~ Iioil.... S Iioil ~ ~ ....~ ~ U ~ <l) ~~ ? ~~ 0 ~ <l) ~~ ~ ~ Iioil~ if' Olioil <l) 0 U ...c ~ ,!:J ~~ U < 0"C ~ ~ ~ ~ " ~ ~ .... ... a O~ J, ;~ ~ if> u~ ,.. ~~ ~ 'i) ...~ (.:l cl g- OO ~ >,'>Il Iioil P. U ~ O~ <l) ~~ r:r- "" i :.t >I"l ,g ~~ ~ 8; .... ,j e: Q; u if' ~ <l) rf) ~ ~ ~ '---- ~Iioil g ....~ ~ ~ :-::: ~ ~ \J..< ~~ < u ~ Ji u ~ '1---: . 3 ---l-- f I' -+ . W -- qCl cr C" 1, h .~ Cb -J <J- d t~~i:} \SU ~ - ..3 - - - CJ3 - 0--1 :::r ::::r ",rr rl:. {' ~ ,~., r- \ \ t- ~ '-r' (") ........ ,~"',n: C0 I ::::r- - D) c.. a (j .:) CJ 0 () (J () ...-J ;.'7!~\J C--:'. I/) "::.1: <) (j III (J () CJ F' .' U) 11. ~ ~ "., ., vi <c." --.:.. . u. ,,~ 0 = 0 Ul cr-- 'a (J ~~ rl C"'" ~~ li) '0 - -- 'M- . . LEGAL DESCRIPTION ALL 1'HA TaRT AlN Inlet or parcel nf land and premises. situate. lying GIld being in the Boroqh of CarUm, in the County of Cumberland Md Commonwc-alth of PlllIIUYlvllllia, lJIlln: particularly bounded and described lIS follows: ON THE soum by PcnnlSlree\; Oll1bC West b}' land now or formerly afM, LlICillo W.tz Minnich; on the Norm by Kcrrs A \'ellUC and OIllhe East by land now Ill' formerly ofWilliw H. Hoo~, ct al. CONTAlNlNC 18 fect in front on East Penn Street lIfId cx1endina 120 fi!et. IlIOnl or IOSI in dcpll1lo Ke.lrll Avenue. TAX P AReEL # 02-20-1800-286 PREMISES BEING: 59 EAST PENN STREET, CARLISLE, P A l70 l3 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-586 Civil CIVIL ACTION ~ LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENDANT MORTGAGE CORPORATION, Plaintiff (s) From CHARLES L. REIGEL, A/KJA CHARLES REIGEL (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 gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $65,152.80 L.L. $.50 Interest FROM 3/29/05 TO 9/9/05 (PER DIEM - $10.71) - $1,756.44 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $110.00 Other Costs Plaintiff Paid Date: MARCH 31, 2005 CURTIS R. LONG (Seal) protho:0 ~ '~ a., 17 _ P. :f 4./ r.. 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 Telephoue: 215-563-7000 Supreme Court ID No. 62205 , ..... CENDANT MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS CHARLES L. REIGEL, AlKJA CHARLES REIGEL CIVIL DIVISION Defendant(s). NO. 05-586 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) CENDANT MORTGAGE CORPORATION, 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 .59 EAST PENN STREET. CARLISLE. PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHARLES L. REIGEL, AIKIA CHARLES REIGEL 59 EAST PENN STREET CARLISLE, P A 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None t .- 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 59 EAST PENN STREET CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 29. 2005 DATE /j ./ DANIEL G. SCHMIEG, E Attorney for Plaintiff IRE .,., ~ > "', e.:::) (":~;:.) l;.J'1 c.. ~n :;>;~ -" ~~ :.;:f fiip -On"! ~3? ___'''.,i ~':;~~ Cjlll ~3 -.....-~ '"', ::t;.. :z: co C.v CENDANT MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 05-586 CIVIL TERM CHARLES L, REIGEL, A/KJA CHARLES REIGEL Defendant(s). March 29,2005 TO: CHARLES L. REIGEL, AIKIA CHARLES REIGEL 59 EAST PENN STREET CARLISLE, PA 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY ** Your house (real estate) at , 59 EAST PENN STREET, CARLISLE, P A 17013, is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 9, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A l7013, to enforce the court judgment of $65,152.80 obtained by CENDANT MORTGAGE CORPORATION (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 3l29.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. 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 (2l5) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 . . LEGAL DESCRIPTION ALL THAT CERT AlN ttllIll or parcel nf land and premim, silUalc. lying GIld being in the Borough of Carlisle, in thl!' County of Cumberland and Commollwealth of Pllll/lS)'lvllIIia, l1IOn: parliculilfly bounded and described lIS follows: ON THE SOUTH by Penn ~ on !be Wcsc by IW now or formerly ofM. Lucillo Wentz Minnich; on dIe North byKerrs A'Vellue and on lhe East by land uowlll'fonnerlyofWi\1lIllJlH. Hooke, ct aI. CONTAlNlNG 18 feci in tonl on East Penn Street IIIld cxtmdllla 120 ket, more or lee in deplh 10 Ken. Avenue. TAX PARCEL # 02-20-1800-286 PREMISES BEING: 59 EAST PENN STREET, CARLISLE, PA l7013 ,-.., ('~ ,.., ''''::'1 C.:, c..II o .. .-\ T HiilJ rn (;J -~ -U~ :':;,,J ,~ ~>-: () (i-, C"l C.l AFFIDA VIr OF SERVICE PLAINTIFF CENDANT MORTGAGE CORPORATION CUMBERLAND COUNTY PIT No. 05-586 CIVIL TERM DEFENDANT(S) CHARLESL.REIGEL,MKJA CHARLES REIGEL ACCT. #0019585314 SERVE CHARLES L. REIGEL, MKJA CHARLES REIGEL Type of Action - Notice of Sheriff's Sale AT 59 EAST PENN STREET CARLISLE, PA 17013 Sale Date: SEPTEMBER 9, 2005 r SERVED fL... servedandmadeknowntoC~>('k:> /--.' I?~;~...\ .Defendant,onthe (0 dayoC~fl(';\ ,200_~ at ~:/;-'O'Clockt-.m.,at T1 Eq~1t- ~"'~ St-,; C~'tI:.\,~\<::.. ,Commonwealth of Pennsylvania, in the manner described below: -i::-Defendant personally served. Adult family member with whom Defendant(s) residers). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place ofbusiness. an officer of said Defendant(s)'s company. Other: I II r r Descri tion: Age~ Height~8 WeightJ.t;.F Race tV!. Sex M. Other '1)v..o v ~ l."..; rt.. I, C ~.,." ..e.... h' ('~"'- '\7 a!co~'nt adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as on the date and at the address indicated above. BY:~ NOTARIAl. SEAL lUClLE H. CAR1Y. NQWy PuIlIc TOWI1:l . FIlII1IdIn CoIIl\y Nov. 10,2007 Sworn to and subscrj~ed ber. e m:,~\iS .J2.!!. d!!l of ,200~ ''''1 / , Nolary/ . f>J-{ ~ PLEASE ATTEMPT SERVIC~T LEAST 3 TIMES. INDICATE DAT OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200-...J at Moved Unknown No Answer 1 st Attempt: I I Time: 3rd Attempt: I I Time: o'clock _.m., Defendant NOT FOUND because: Vacant rd Attempt: I I Time: Sworn to and subscribed before me this _ day of .200 _' Notary: By: Attornev for PlaintitT Daniel G. Schmieg, Esquire - LO. No. 62205 - ('"", t'-;, ':..';) -,:":) ,,:,rJ (~) """'-1 :,-:1 ;1'1:::.1 f- \71 CD ,:,) -:"" """CJ i-,) c-~ IN THE COURT OF COMMON PLEAS OF CUMBERLANl) COUNTY, PENNSYLVANIA CENDANT MORTGAGE CORPORATION ) CIVIL ACTION ) vs. ) CIVIL DIVISION CHARLES 1. REIGEL, A/K/A CHARLES) NO. 05-.586 CIVIL TERM REIGEL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for CENDANT MORTGAGE CORPORATION hereby verify that on 4/1105 true and conrect copies ofthe 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: August 4, 2005 DANIEL G. CHMIEG, Attorney for Plaintiff CENDANT MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS CHARLES L. REIGEL, AIKIA CHARLES REIGEL CIVIL DIVISION Defendant(s), NO. 05-586 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) CENDANT MORTGAGE CORPORATION, Plaintiff in the above action, by its altorril"{, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Executiol1 was filed the following information concerning the real property located at .59 EAST PENN STREET, CARLISLE. PA 17013. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot ,'; reasonably ascertained, please indicate) CHARLES L. REIGEL, AfKIA CHARLES REIGEL 59 EAST PENN STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a recor property to be sold: , the real Name Last Known Adldress (if address can, reasonably ascertained, please indica, None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address canno1 i.,.. 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 cannol h reasonably asceltained, please indicate.1 None 6. Name and address of every other person who has any record interest in the property and \,,1. , " interest may be affected by the sale. Name Last Known Address (if address cannu' i, reasonably ascertained, please indicate, None 7. Name and address of every other person of whom the plaintiff has knowledge who ha" ,),' ,,'st in the property which may be affected by the sale: Name Last Known Address (if address cann,. n., reasonably ascertained, please indicat.c Tenant/Occupant 59 EAST PENN STREET CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the besl ' , knowledge or information and belief. I understand that false stat(lments herein are mhJ penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 29. 2005 DATE ~ ~' DANIEL G. SCHMIEG, E Attorney for Plaintiff :sl.e' r 0"-'2'. ....0.'" ag. - - - - - - '" '" -l a-- <J> ... ..., '" - ~. \(' 0.6 'Z. <J> ... '" '" - 0 ;:t -a ~ 'C. % ~~~ !i ~ ~ 0. ~g., ~ . (Ii' . ~ <i 0 :z: s:: :l ". .. .. "'.. ~ ~ ~ ~ 'Z. ",,-0"" U. ~ J:~~$ ~ z ~ ~ ~oi~ ;:%. ~ :i " .:g:~ ;go ':i ~ ~ ,,9.- r/> g 0 \ F:-nQ~ r ; ~ ",,';0'" ~ ; ~ ~ '" ..-"Il.r 0 ~ ~ l ~~ "'-z t1 ~ . S~~~ ~ ~ .. ..., .. .Ol'[ ~ " ~ <J> ~ rfJ _ 0 Ii':' ,'" g ~ ~~~(/) )> ~ ~~ n ",,, ~ % . :l'i.~t 90 r/> ~ -g.~ ~ !: ;;-" <-t ~ . '"'" ~ .., O' ~ " ~ ~ ...",:>0 "-'~ ? iW ~ ~ S. " r/> ... ;; t:'" Z ~ ~ ~ ~ - i:" ~ ... '0 g <:> g 0 " <:> ... '" l'l ~ '"'" ~ ~. 0 \ ;. ~ .. , ..-l :< r/> ~ - ~ ~ ..., ~t:~g-g g Z \5 g~" . ~ '"'" % '~\rH ~ )> ~ ~ '0 a Po g ~~.~~ - ~ "'ll~ -l l=l-~' a . 0 'T1 ~ - ~ ~a ~'g g' '" ~ _0 _ ..........0 ~p~i 0 '"'" < .. S,o 0 ~ ~a ~~. g",'~\ CO a~ ~ n ~ ~ . ~. '<:' ~~ag ... '" ~ V;'~ ~ ~ ~r1Sg~ '~" yo :oJ ;>vo' u; "8 ~g;i g 8-' \ 0 . .....<11 p.g ~ g ~ ~" a .tTl'(; ~.~.s ~ ~ ~_~ S' \6 Ille S" l ;;J 0 '"'" ra\g )> al :: '"'" - -l ~.(7''a.~. )> 0 , - - g.?;"~S -l ..., %g8i - ~\\,~9 0 <J> -"a ~ ~S"\~ g'~ \ t\~. "" !t--<f!l'P0s7-~ \lV~ : ~~~.... -1.....,...- , . .~~-- i'@~ . ~Pff~y,&()'IlIE'S ~. ~ - 021A $ 00.900 ~\~'" . t l~ 0004300317 APR01 2005 MAILEO FROM ZIP COOl'. 1 91 0" f&'''~ S: ~n 2 ~ ~ ~ ~ ~~ rlS 1;R rn ......",:l} ..... ~\,. I -om :p~ ",,: u:> ~.) !:2:C; . 1'. ~~ ~ ._ -"f"l %~ - - ~ ?\ cJI ~ N - 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 National Mtg Assoc is the grantee the same having been sold to said grantee on the 7th day of Sept AD., 2005, under and by virtue of a writ Execution issued on the 31st day of March, AD., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 586, at the suit of Cendant Mtg Corp against Charles L Reigel aka Charles is duly recorded in Sheriffs Deed Book No. 271, Page 249. IN tESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this .2 ( rP~7 ,AD. ~ day of ~y Recorder of Deeds ......... of DoD. Cl-...ncICauIty, c..allJ!'.~ Mv~ElfPNIlllaFnlllllnlllW -.- Cendant Mortgage Corporation VS Charles 1. Reigel alkJa Charles Reigel The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-586 Civil Term Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on May l2, 2005 at 6:39 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: Charles 1. Reigel alkJa Charles Reigel, by making known unto Fawn Reigel, wife of Charles 1. Reigel alkJa Charles Reigel, at 59 East Penn Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law, states that on July 08, 2005 at 8:45 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Charles 1. Reigel alkJa Charles Reigel, located at 59 East Penn Street, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Charles 1. Reigel alkJa Charles Reigel, by regular mail to his last known address of 59 East Penn Street, Carlisle, PA l70l3. This letter was mailed under the date of July 0 I, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 07, 2005 at lO:OO o'clock A.M. He sold the same for the sum of$1.00 to Attorney Daniel Schmieg for Federal National Mortgage Association. It being the highest bid and best price received for the same, Federal National Mortgage Association of 1900 Market Street, Suite 800, Philadelphia, PA 19l03 being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$654.25. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail $30.00 12.83 l5.00 15.00 30.00 10.00 .50 1.00 7.70 2.55 Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $ l5.00 20.00 203.00 208.97 20.20 25.00 39.50 656.25 Sworn and subscribed to before me 2005, A.D. ~. So Answers: ; ../)' .;...4 ;;#..;!_ -~ -r__fL---c.# R. Thomas Kline, Sheriff ~~O .. n r BY \.1' .~ Real Estate S geant v ~ oN 30 ~"il \. VLS )J- '\ L- 0.v. It 'fOC CENDANT MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS CHARLES L. REIGEL, AlKlA CHARLES REIGEL CIVIL DIVISION Defendant(s). NO. 05-586 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) CENDANT MORTGAGE CORPORATION, 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 .59 EAST PENN STREET. CARLISLE. PA 17013. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHARLES L. REIGEL, AlK/A CHARLES REIGEL 59 EAST PENN STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to 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) 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 59 EAST PENN STREET CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 29. 2005 DATE DANIEL G. SCHMIEG, E Attorney for Plaintiff IRE CENDANT MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 05-586 CIVIL TERM CHARLES L. REIGEL, AlKJA CHARLES REIGEL Defendant(s). March 29, 2005 TO: CHARLES L. REIGEL, AJK/A CHARLES REIGEL 59 EAST PENN STREET CARLISLE, P A 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 59 EAST PENN STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 9, 2005 at lO:OO a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A l7013, to enforce the court judgment of $65,152.80 obtained by CENDANT MORTGAGE CORPORATION (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 3l29.3. 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: 1. 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. Ifthe Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (2l5) 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 (7l7) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION .u.L THAT CUT AIN _lor parcel of land IlIld pnmises, situate, lying llIld being irk the Borolllb of Carlisle, III the CoUltty of CumberIend ami Commonwealth otl'onllsyIVllllia, Inil~ 1WUl:Ularly bounded end _ribed as followa: OK l1U SOUTH by Penn Slreel; 0II1bo West by IaIld J'lOW or furmcrly ofM. Lucille Wtl\~ Minllictt; on the North by Kcm Avenue lIIId on the East 'by land DOW Ill' tbrmerIy ofWllliun H. Hooke, ct aI. CONTJ\1NlNG 18 reel in &onl on East PllI1n Street and extradill, 126 fNr, more or '- in depth 10 Kem Avenuo. TAX PARCEL # 02-20-l800-286 PREMISES BEING: 59 EAST PENN STREET, CARLISLE, PA l7013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-586 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENDANT MORTGAGE CORPORATION, Plaintiff (s) From CHARLES L. REIGEL, AJKJA CHARLES REIGEL (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 gamishee(s) that: (a) an attachment has been issued: (b) the gamishee(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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $65,152.80 L.L. $.50 Interest FROM 3/29/05 TO 9/9/05 (PER DIEM - $10.71) - $1,756.44 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $110.00 Other Costs Plaintiff Paid Date: MARCH 31, 2005 CURTIS R. LONG (Seal) Prothonotary n ~ c..J3y: ~ (2.., d <::.:::. ?24A~ 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 #08 On May 04, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Carlisle, Cumberland County, PA Known and numbered as 59 East Penn Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 04, 2005 By: J~ Jvw..e. Real Estate Deputy E 0 :E 'V '1- UdV ~OOZ \/d 'AIHI;C:; uii \d.::,dHn:J .:I..mJ3HS ]}!l 303::11.:1.:10 e c::u;J c::u;J c::::::I ~ I:n:iiJ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being 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 Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street. in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot.News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot.News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sundayl Metro editions which appeared on the 19th and 26th day(s) of July and the 2nd day(s) of August 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 verity this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE #8 REAL ESTAlE SALE No. 01 Wrtl No. 2005 Ell CIvIITMm ~ 1IOl1p,. Corp. v. ~ L ReIgaI .... ~ ReIgaI Ally: _ SChmieg DESCRIPTION All THAT alRI:AIN """ oc porceI of Iaod aIllIpremises,Ii_.lyiDiallllbeiD8iD!be BcroughcfCarlisle,iD!beCoulllycfCumbalallll lIIIlI c-....Ilh or PamsylVlllia. .... par' tiaIlIrIy~aIllI_..foIIows: ON nm SOU11I by _ _ OR !be_ bylaod_ocfonDorlycfM.LucilleW_ MiBoidI;.. "" _ by K=A~ aod 00 Ihe East by laod_ocfonDorly ofWilliamH. _etal.. CON'll\INlNG 18 feet iD from 00 East _ __~l20feet,....oclessiD depdlIoKtmA-. TAX PARalLm-2IJ.lllOO-286. PIFMISES BFlNG: 59 East _ s_ c.tiJk.M 17013. CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertisiug Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 208.97 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May l6, 1929), P. 1.l784 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 of the said Cumberland Law Journal on the following dates, V1Z: July l5, 22, 29, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. , Editor SWO TO AND SUBSCRIBED before me this 29 day of Julv. 2005 NOT ARI SEAL LOIS E. SNYDER. Notary Public Car~sle Boro, Cumberland County Mv Commission El\Pires March 5. 2009 REAL ESTATI!; SllLE NO. 8 Wrtt No. 2005.586 Civil Cendant Mortgage Corporation vs. Charles L. Reigel. ajkja Charles Reigel Atty.: Daniel Schmieg LEGAL DESCRIITION ALL THAT CERTAIN tract or par- cel of land and premises, situate, lying and being in the Borough of Carlisle. in the County of Cumber- land and Commonwealth of Penn- sylvania, more particularly bounded and described as follows: ON WE SOUTH by Penn Street: on the West by land now or formerly of M. Lucille Wentz Minnich; on the North by Kerrs Avenue and on the East by land now or formerly of William H. Hooke. et aI. CONTAINING 18 feet in front on East Penn Street and extending 120 feet, more or less in depth to Kerrs Avenue. TAX PARCEL # 02.20.1800-286. PREMISES BEING: 59 EAST PENN STREET. CARLISLE. PA 17013.