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HomeMy WebLinkAbout05-0952 , PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE 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, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 05- fJ.5;;Z ~ CUMBERLAND COUNTY v. ANDREW 1. MARONEY A/K/A ANDREW JOHN MARONEY 76 PLEASANT VIEW DRIVE MECHANICSBURG, P A 17050 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 #: 111995 Fik:#; J 11995 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THA T: 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner oflegal 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: COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 2, The name(s) and last known address(es) of the Defendant(s) are: ANDREW J. MARONEY NKJA ANDREW JOHN MARONEY 76 PLEASANT VIEW DRIVE MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3, On 02/12/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1854, Page: 2416. 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 09/01/2004 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, the entire principal balance and all interest due thereon are collectible forthwith. File #: 1/1995 6. The following amounts are due on the mortgage: Principal Balance Interest 08/01/2004 through 02/21/2005 (Per Diem $18.00) Attorney's Fees Cumulative Late Charges 02/12/2004 to 02/21/2005 Cost of Suit and Title Search Subtotal $112,690,52 3,690,00 1,250.00 181.00 $ 550,00 $118,361.52 Escrow Credit Deficit Subtotal 0.00 619.41 $ 619.41 TOTAL $ 118,980.93 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, This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9, This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 118,980.93, together with interest from 02/21/2005 at the rate of $18,00 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, LLPj? /' . ./ -^-- ' , __ -.-r ~ ~. BY:~' - LA WRENCE T. PHELAN, ESQU1RE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 111995 ~ ALL THAT CERTAlN p/<<;iI Q~ p~1 of land IIllkat~ III 811.4r SpI'lng lownslltp. Cumbu-hmd eou"l,Y. PillfI13JIlvr:!n/a. b.lflC ""untied and tlcscrlbH tn/ol1_" /o..../g BEGINNING 0/ a point I" thtI north tldd of PI.aslltlt n.... DrIV. iJI ,1M dividing /In. krfW""n Loll S and 6 on tM mr.lnafl"" mIni/Oil/it! Plan of Lois,' Ih~ along th. dividing Una belWelln Lo/a S and 6. na~(h 10 ~'II 07 mtnlll... 2D It.f>>IJds _t, th" d1sta,," of 106. 00 fCdt tt> a pOlttl (J( t/le diViding II"" blltll'ccn la/a 6 and 7 on mid pIa"... IlImc. alon8 ;raid dMdtlli; line, 111mb 82 d.greu 51 rrUl'lIJtu 298ecoJ1lls 8arr. ,"" dWtJ1II:iI of 136.88fr.et 10 II polnl Dll/~ wen aide of Lilac DrlvlI; J}IIYlce nlong thr: ~'a/d ndrr of LJ/4t: ))~tv. 1m following thrIll cornu and dWrlllr;u; (1) alollg tf/.il arc of a cww. /raving a malllS of31j.OO fitt the tvt: d1alt1nec of 19.92 IUI; (J) SoWn 10 dc~ 39 mlnUlq II{ ;rlf.omfI '114/, 1M df8J01/CII of66.02fte/; (1) pkJng tM Q~ of a _ ha.l1lng a rarJlw: of 12.00 fad th, arc tlUlunt:f q{ 18.84 {tin (0 1Il'tllnl on IhtI ;raJd ..SdI of Pld~ VIOl Drlvd; 11rertCIf clanll th, said #da of P/=rmll'law DrIve. tht !o/IUlf/lnl: two .,....~u ond d1alo'II:".... (I) Sell/It 79 d.gt'ea U mimllll OS nc:c"ds WtrIII. 1M dlttaNClf of loo.8(j feel: ()) Soutlt 79 degnllJ J2 ml"'IlU 4IJ _nds west Illa dI;rltUlCrJ rJf24. J 3 fiJI/IO a poln~ rho piau oflJEGINNlNG. BEING lA/IVo. IS, Mulbl!rry Crolsl"K, &cflrm 1. r~cord.d I" rlat( Book ~O, paga 142. BEINO .lenOWII .n No. 7iJ PltUlSOl11 VI_ Dr/~. M.chanlcz.bllf'g. plfMsylvanltt. BEING Iha I4ml prtfmtsas whldt Samu,l RIchard COllla" Ilnd SI.lIa A. CoWQrt, his wlfs. by Dead daud NoW/mbor 24. 1992 (1.ndol'trCordld D~lIr 9. 19~2 in Ih. Offic. ,,/th, RlCordllf of Deed& In tlllt1fo~ Cllmbcrltmd COI//I()', J'annsylwm/t7, 1/1 D<<d 800k 36-11 ptfg4 ,s.M, gf'Qflled and "o~d ....t.. WI/II..", llo""n "I)lrrlJl, Jr. d1fl1 ~t JQ)l1IC 1Ytnl/, hI'l1'j(,,- VERIFICATION MICHAEL D VESTAL hereby states that he/she is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC. mortgage servicing agent for Plaintiffin 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 ofhislher 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. MMD 0~ om 4'1-f-02 \S5 ~~ ~ ~ ~ ~ V 'v ~ ~ ~ 't,r:j"\ ~ ~ ~ 'b " , ~ , ~ \"/ " --~ t'" ~,' , " (....' , (,: \ SHERIFF'S RETURN - REGULAR CASE NO: 2005-00952 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS MARONEY ANDREW ETC JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according t law, says, the within COMPLAINT - MORT FORE was served upon MARONEY ANDREW J A/K/A ANDREW JOHN MARONEY th DEFENDANT , at 1835:00 HOURS, on the 7th day of March at 76 PLEASANT VIEW DRIVE MECHANICSBURG, PA 17050 by handing to ANDREW MARONEY together with a true and attested copy of COMPLAINT - MORT FORE 2005 and at the same time directing His attention to the contents hereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 7.40 .00 10.00 .00 35.40 ,'-' ~ "~,y . " .~.. .,.,",.."~. ''''~''''.~ .-,< I R. Thomas Kline 03/08/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before -~, By: me this i Ht~ day of Deputy Sheriff - ~ PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST AnON 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 PLE S Plaintiff, CIVIL DIVISION v. NO. 05-952-ClVIL ANDREW J. MARONEY A1K/A ANDREW JOHN MARONEY 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 ANDREW J. ARONEY A/K1A ANDREW JOHN MARONEY and, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgag d premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 2/22/05 to 4/21/05 TOTAL $118,980.93 $1,062.00 $120,042.93 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown ove, and (2) that notice has been given in accordance with Rule 237.1, copy attached, q..) '( :'; 0) " ~}--(:~J)(:..><. DANIEL G. SCHMIE ,ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 1-4~()r (}{lAx<<J X :t~, PRO PROTHY (j I - ,...., = = c.J'O o -n -1 """T:"l\ n1p :g~ gCI i~t~ N .' ~ "';:- ::'0 :;;0 !'., Cf) ..,., :::J: c::> o~\ . PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (71 ,) 'li1.7000 A ITORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs. : ALLEGHENY COUNTY ANDREW 1. MARONEY AlKJA ANDREW JOHN MARONEY Defendants : NO, 05-952-CIVIL TO: ANDREW J. MARONEY AIKIA ANDREW JOHN MARONEY 76 PLEASANT VIEW DRIVE MECHAMCSBURG, PA 17050 DATE OF NOTICE: MAR(,H 29, 200~ THIS FIRM IS A DEBT COLLECTOR AITEMPTING TO COLLECT A DEBT. THIS NOTIC IS SENT TO YOU IN AN A ITEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HERE , AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE S NOT AND SHOULD NOT BE CONSTRUED TO BE AN A ITEMPT TO COLLECT A DEBT, B ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRIITEN APPEARA CE PERSONALLY OR BY A ITORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES 0 OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DA FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WIT INFORMATION ABOUT HIRING ALA WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MA Y BE ABLE TO PROVID YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS T A REDUCED FEE OR NO FEE. LA WYER REFERRAL SERVICE ALLEGHENY COUNTY BAR ASSOCIA nON 414 GRANT STREET, 9TH FLOOR ROOM 920 PITTSBURGH, PA 15219 (412) 261-5555 FILE c:~! FRANCIS S. HALLINAN, ES UIRE Attorneys for Plaintiff () c." .;" (..; ~~ :;j "-, C) 0"1 ,...., r"" '''' "" :no. --0 ;;;0 N CO o "T1 ..... :r:~ fll-!..! TJfTi CO]? ~~O ::'c::p () ....J >"'"0 f""irn ~~:'I .!~ .lJ -, -n -- _t,. ~ 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 PLE S Plaintiff, CIVIL DIVISION v. NO. 05-952-CIVIL ANDREW J. MARONEY A/K/A ANDREW JOHN MARONEY Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for t e Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the fo lowing facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the U ited States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Ac of Congress of 1940, as amended. (b) that defendant ANDREW J. MARONEY A/K/A ANDREW JOHN ARONEY is over 18 years of age and resides at , 76 PLEASANT VIEW DRIVE, MECHANICSBURG, PA 17050. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 r lating to unsworn falsification to authorities. ,- R fl' n",' . ." , " ' ~ Y.j..xc' DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff C) '" '::::;) 0 c !;~ -n " Of> 1"- =- 'T!-n , " rl1- :::~J .- ", -0 fro CO t;~X .:';~ ~~ '"D 1') :JJ ~; :>(") N rjrn --i "1:::.- CJ ~.o 0> -< . (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN YL VANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLE S CIVIL DIVISION Plaintiff, v. NO. 05-952-CIVIL ANDREW J. MARONEY A/KJA ANDREW JOHN MARONEY Defendant(s). N tice is given that a Judgment in the above-captioned matter has been entered against yo on ., ~ By: If you have any questions concerning this matter, please contact: ~' '~!Jj :J~ . w\'\,\Qj y:;, xi ( , J Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN T AnON 1617 JOHN F. KENNEDY BL YD., SUI E 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFO A nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A Dl CHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT A D SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMEN OF A LIEN AGAINST PROPERTY." ~..~ f' ~ !E?' r G r f' ~~ ~..~ '" f< ........... ~ t.N --t: ~ <{J' ~ \...N ---Y '-.N ~ ;!0 c-r) """ c' 7 --- ,1' 0. '\""' ~ ~ d "-'\ >'C::~ /. -" -< (j ~~; ...., C~ 0 c'" ~n c.n ".. .-< -rJ ffi:JJ ::;"TJ r- N ,..ten :TJ 1,::':; co ~~:{~) -0 t)~~ 3;: '" O'TI ,-t c, ~35 Ci'" --< ~. (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSU ) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. Plaintiff, v. No. 05-952-CIVIL ANDREW J. MARONEY AlK/A ANDREW JOHN MARONEY Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $120,042.93 -/ Interest from 4/21/05 to SEPTEMBER 7, 2005 (per diem -$19.73) $2,742.47 and Costs TOTAL $122,785.40 ~~( J/lu2 ., DANIEL G. SCHMIEG, ~UIRE One Penn Center at Suburban Station 1617 John F, Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of plaintiff. It ma not be sold in the absence of a re resent the plaintiff at the Sheriff's Sale. The sale must be postp stayed in the event that a representative of the plaintiff i present at the sale. the tive of ned or not 0 on 0 r-- ...... < ~ c5 c:.:: ~ =:l rJJ >0 U ...... "'" ~ Z ~ = ...~ u "'" OZ ~ Z ~ rJJ~ Z 0 r4' <..... U = ...... > E-< ""'>0 uZ 0 ~ Ci! S:rJJ ... U ............ ~ ."j ZZ Zoo ~ ~'E' ~ <l) OZ ~~ ~ i:::1 e; ~~ "'" = .~ "'" <l) E-<"'" '" - ...... '" ~ ... 0 , " > ~ . uE-< 0<:: <l) o~ "",rJJ ~ <l) :l~ E-< .n .....~ E-< .. ~ i;' uz .; ~ Ci!ri: ...~ ""'z ... <B S ""'0 ~ ~ 'i~ rJJ '" 00 < .. E-<u "...... < c:.::~ "'" <l) <E-< ',- S ~ c:.::~ ,,~ >0 01:: ~~' .8 s: 0.. ~~ "'" ... 0 ~E-< ""'~ '~~ ~ \C <l) Z .. 8~ r-- <l) o;!a 0 ~'-' .J:1 ~ ...... i$ ""'"'" ~" u '" ==:l ~ ~ '" E-<~ ~ .;;j ~ z~ ...; ~ "" ......u ~ ~ f,i; < ~ ~ ~ (') c: ::;r ~~ i/l r- ,- ~..-.' ' ~~, ::1 -< ....., = = CJ' "'" -c :;;0 ('0.) co ~ -l :r n,:!J .- :gf1'12; C) :'~~ .)--n ~4(~ ern ,'-I ],:'" :.:0 -< -0 ::!'~ r;-? o -J . ~" ALL THAT CERTAIN piece or parcel ofland situate in Silver Spring township, Cumberland County, Pennsylvania, being bounded and described as follows, to wit: BEGINNING at a point in the north side of Pleasant View Drive at the dividing line between Lo 5 and 6 on the hereinafter mentioned Plan of Lots; thence along the dividing line between Lots 5 and 6, north 10 degrees 07 minutes 20 seconds west, the distance of 106.00 feet to a point at the dividing line between Lots 6and 7 on said plan; thence along said dividing line, north 82 degrees 51 minutes 29 seconds east, the distance of 136.88 feet to a point on the west side of Lilac Drive thence along the said of Lilac Drive the following three courses and distances; (1) along the arc 0 a curve having a radius of 325,00 feet the arc distance of 19.92 feet; (2) South 10 degrees 39 minutes 14 seconds east, the distance of 66.02 feet; (3) along the arc of curve having a radius of 12,00 feet the arc distance of 18.86 feet to a point on the said side of Pleasant View Drive; thenc along the said side of Pleasant View Drive, the following two courses and distances; (I) South 7 degrees 24 minutes 05 seconds west, the distance of 100,86 feet; (2) South 79 degrees 52 minute 40 seconds west the distance of24.13 feet to a point, the place of BEGINNING. BEING Lot No.6, Mulberry Crossing, Section I, recorded in Plan Book 40, page 142. BEING known as No. 76 Pleasant View Drive, Mechanicsburg, Pennsylvania. BEING the same premises which Samuel Richard Cowan and Stella A. Cowan, his wife, by Dee dated November 24, 1992 and recorded December 9, 1992 in the Office of the Recorded of Deed in and for Cumberland County, Pennsylvania, in Deed Book 36-A page 656, granted and conveyed unto William Robert Tyrrell Jr. and Margaret Jayne Tyrrell, his wife. V8.lnff Inform.don: V_d by: SpcdoI W..,an'Y Dood doted UIJOIOO , gi_ by Wlllb..llobort Ty,nJ.Jr. and MUll..... Joy.. '\"yn'dI, b..baad u.d wife to Andrew J. M-rowqr, linaIe perHD mcordcd 12/UDII in Book: :235 Page J1l PREMISES BEING: 76 PLEASANT VIEW DRNE, MECHANICS BURG, P A 17050 r-r:::-. I' c~ .......... i ~ 2' , Ch- , I ~ r , (J. I c::' I I I , ----- _. ;\) cJ' LN S--?\ ~" C1\IOJI~""o " .-f::.. . C) ~ --...J .\~ C) ~:, .~~:: ",,', n'.. .-"f' (lJ I;:;~. . '~l(~\ ~ N "-cO ~., eft !'O -;..) \"-' c:> -0 0J -,,' _1\;0 o -n :.-1 J...-n p1r=: ~n~' ''''7 (~:)c, ::'lj~i-l __-1'\ ("~f-) /..rn o ---\ ~ .-<: r:;> o -J - COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-592 Civil CIVIL ACTION - LAW WRIT OF EXECUTION and/or ATTACHMENT TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff(s) From ANREW J. MARONEY alkla ANDREW JOHN MARONEY, 76 PLEASANT VIEW DRIVE, MECHANICSBURG PA 17050. (I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 76 PLESANT VIEW DRIVE, MECHANISBURG P A 17050 (SEE LEGAL DESCRITION) . (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 fro paying any debt to or for the account of the defendant (s) and from delivering any property of the defenda t (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as garnishee and is enjoined as above stated. Amount Due $120,042.93 L.L. $.50 Interest FROM 4/21105 TO 91705 @ $19.73 PER MONTH = $2,742.47 Atty's Cornrn % Due Prothy $1.00 Atly Paid $117.40 Plaintiff Paid Date: APRIL 28, 2005 Other Costs CURTIS R. LONG (Seal) By: REQUESTING PARTY: Name FRANCIS S. HALLINAN, ESQ. Address: ONE PENN CENTER@ SUBURBAN STATION 1617 JFKBLVD., STE.1400, PHILA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLE S v. CIVIL DIVISION ANDREW J. MARONEY A/K/A ANDREW JOHN MARONEY NO.05-952-CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No, I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., Plaintiff in the ab ve action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for t e Writ of Execution was filed the following information concerning the real property located at 76 LEASANT VIEW DRIVE. MECHANICSBURG, P A 17050 . I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ANDREW J. MARONEY AlK/A ANDREW JOHN MARONEY 76 PLEASANT VIEW DRIVE MECHANICSBURG, PA 17050 2, Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record Ii n on the real property to be sold: Name Last Known Address (if address cannot e 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 e 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 e reasonably ascertained, please indicate) None 6, Name and address of every other person who has any record interest in the property an whose interest may be affected by the sale. Name Last Known Address (if address cannot e reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has ny interest in the property which may be affected by the sale: Name Last Known Address (if address cannot e reasonably ascertained, please indicate) Tenant/Occupant 76 PLEASANT VIEW DRIVE MECHANICSBURG, P A 17050 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 CommonweaIth 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 knowledge or information and belief. I understand that false statements herein are made s penalties ofl8 Pa. C,S, Sec. 4904 relating to unsworn falsification to authorities. personal bject to the Anril2!. 2005 DATE <;P~Sj J}c~ DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff ~..~> o C 7~; C) ~;~ ~::} -< r;;> C> -.J .' '" = = c.n :t-. " ;;:-" ", CO P 11 Or! en ::n r- -Or., :q? ()C '--l ) 6(:73 :."'" ) drn --; ;r::.; .J:] -< ,-J ::::'; PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLE S Plaintiff, v. CIVIL DIVISION ANDREW J. MARONEY A/K/A ANDREW JOHN MARONEY NO. 05-952-CIVIL Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for e Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 1 because it is: (X) an FHA mortgage () non-owner occupied () vacant o 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. a:r () 9/ :; / c:J..lall/IA..tX ~ .r-:.c. DANIEL G, SCHMIEG, IRE Attorney for Plaintiff ~ C> ....; ,,-, '= -= en :t>.. -0 ::0 N <Xl ~ ::;::J fii:JJ r- -yr;-; .00 0,1. -:--1 C) T'. -c~ ~i2~ Or"n ~ 1:, -< Cl -" -,. ) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, No.05-952-CIVIL v. ANDREW J. MARONEY AfKIA ANDREW JOHN MARONEY Defendant(s). April 21, 2005 TO: ANDREW J. MARONEY AlKlA ANDREW JOHN MARONEY 76 PLEASANT VIEW DRIVE MECHANICSBURG, PA 17050 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFO ATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCH RGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CON, 'RUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY ' Your house (real estate) at 76 PLEASANT VIEW DRIVE MECHANICSBU G PA 17050 is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7. 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court jud ent of $120,042.93 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEM INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be mad 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, ate charges, costs and reasonable attorney's fees due. To find out how much you must ay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to s ke or open the judgment, if the judgment was improperly entered. You may also ask the ourt 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 m re 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 OT ER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidd r. 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 g ssly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due i the sale, To find out ifthis 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 wner 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 he Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedi gs to evict you. 6. You may be entitled to a share of the money which was paid for your house, A chedule of distribution ofthe money bid for your house will be filed by the Sheriff within 30 days oft e sale. This schedule will state who will be receiving that money. The money will be paid out in accor ance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed ith 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 bac , if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DC NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFI( I': LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It ma not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale m st be postponed or stayed in the event that a representative of the plaintiff is not presen at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 ALL THAT CERTAIN piece or parcel of land situate in Silver Spring township, Cumberland County, Pennsylvania, being bounded and described as follows, to wit: BEGINNING at a point in the north side of Pleasant View Drive at the dividing line between ots 5 and 6 on the hereinafter mentioned Plan of Lots; thence along the dividing line between Lo 5 and 6, north 10 degrees 07 minutes 20 seconds west, the distance of 106.00 feet to a point at t e dividing line between Lots 6and 7 on said plan; thence along said dividing line, north 82 degr es 51 minutes 29 seconds east, the distance of 136.88 feet to a point on the west side of Lilac ve; thence along the said of Lilac Drive the following three courses and distances; (I) along the a of a curve having a radius of325.00 feet the arc distance of 19.92 feet; (2) South 10 degrees 39 minutes 14 seconds east, the distance of66,02 feet; (3) along the arc of curve having a radius f 12.00 feet the arc distance of 18.86 feet to a point on the said side of Pleasant View Drive; th nce along the said side of Pleasant View Drive, the following two courses and distances; (I) Sout 79 degrees 24 minutes 05 seconds west, the distance of 100.86 feet; (2) South 79 degrees 52 min tes 40 seconds west the distance of 24.13 feet to a point, the place of BEGINNING. BEING Lot No.6, Mulberry Crossing, Section I, recorded in Plan Book 40, page 142, BEING known as No. 76 Pleasant View Drive, Mechanicsburg, Pennsylvania. BEING the same premises which Samuel Richard Cowan and Stella A. Cowan, his wife, by eed dated November 24,1992 and recorded December 9,1992 in the Office of the Recorded ofD eds in and for Cumberland County, Pennsylvania, in Deed Book 36-A page 656, granted and conveyed unto William Robert Tyrrell Jr. and Margaret Jayne Tyrrell, his wife. Veitmll" Information, Vco,d 1)y: Spc<lo1 Warren.,. Doed dated 11130100 . live. by WIIIIa.. Robert Ty......II.Jr...... M........ Joy..1'yrrdl, h", ndwlk to AndRwJ. M.ro_y. ,ingle perHD1lXlOfdc:d 12fUOlu,; Book.: 135 Pagc3Z1 PREMISES BEING: 76 PLEASANT VIEW DRNE, MECHANlCSBURG, P A 170 ~ :::j ", ~-" c:.~) c-'"' )"'b -0 ;'Q N OJ o ,1 :2.,. nl-.-J ,.- -OiT1 'Or-> C.,V .-:'~C) ,r: ::-r, (,1-!"J i5ff~ ~::3 .-< -0 :.1: N o -' . .JIIIIIIf "\ AFFIDAVIT OF SERVICE DEFENDANT(S) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ANDREW J. MARONEY AfKIA ANDREW JOHN MARONEY CUMBERLAND COUNTY PIT PLAINTIFF No. 05-952-CIVIL ACCT. #43533331 SERVE ANDREW J. MARONEY AfKIA ANDREW JOHN MARONEY AT 76 PLEASANT VIEW DRIVE MECHANICSBURG, PA 17050 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 7, 2005 SERVED Servedl1nd made known to htJ6,,"'-.....I T M~"<t1t-l...r,Defendant,onthe ;:}..w~ day of at ?:PO , o'c1ockf.m"at 7U f1~:z.5;?..J4r V',ev..> 'f),. I MH\."t.l''''''l...C) }Jhi ,200i: , Commonwealth of Pennsylvania, in the manner described below: ~Defendant personally served, Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge 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 of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: . '( )l.~ <Jv...-< 1....:>.\ r Description: Age ~ Height li Weight.J.,2S;L Race J&h Sex ~ Other .J l I, n,,~~..c"'<... \.., (..<1-::"'1 ~acompetent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Nd'tite of Sheriff's Sale in the er as set forth herein, issued in the captioned case on the date and at the address indicated above. NOTARW.8VL . lUCI.LE H. CAR1Y. NaIIry NlIJc Sworn to'! and sU1)/jcrted . FtwiIn a.nr beforp.x;; tbis ~ ~ ..,. 10,_ ;'!otary:. :20?~ ~J P~BY:~~ ' PL ASE ATTEMP;~CE ~ LEAST 3 TIMES. INDICATE DA TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200_, at Moved Unknown No Answer 1 sl Attempt: / / Time: 3rd Attempt: I I Time: o'clock _.m., Defendant NOT FOUND because: Vacant 2nd Attempt: I I Time: Sworn to ajnd subscribed before me lhis ~ day of ,200_. Notary: By: Attornev !pr Plaintiff Daniel G. Schmieg, Esquire - J.D. No. 62205 ~:; S::,c~, c.? c,{. CJ .,..0 ~---- - Mortgage Electronic Registration Systems, Inc, VS Andrew 1. Maroney a1k/a Andrew John Maroney In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No, 2005-952 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. Sheriff s Costs: Docketing Poundage Advertising Posting Handbills Levy Mileage Certified Mail Surcharge Share of Bills Prothonotary 30.00 2.75 15.00 15,00 15,00 14.40 6.42 20.00 20,20 ..l.2Q $140,27 Sworn and subscribed to before me 2005, A.D, Prothonotary So Answers: ~~.-...< /~.. , - 71-- ~ R, Thomas Kline, Sheriff BY JofltirfMjjh Real Esta e Sergeant .1>'0 Lk.. ')'0'730 JiLl.- Ju'rd' MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION ANDREW J. MARONEY AlK/A ANDREW JOHN MARONEY NO. 05-952-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 ,76 PLEASANT VIEW DRIVE, MECHANICSBURG, PA 17050. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ANDREW J. MARONEY A!KIA ANDREW JOHN MARONEY 76 PLEASANT VIEW DRIVE MECHANICSBURG, PA 17050 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 plaintiffhas 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 76 PLEASANT VIEW DRIVE MECHANICSBURG, PA 17050 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department ofWeIfare 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. April 21. 2005 DATE ~Mw1JjJ.~ DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. CUMBERLAND COUNTY Plaintiff, No.05-952-CIVIL v. ANDREW J. MARONEY AlK/A ANDREW JOHN MARONEY Defendant(s). April 21, 2005 TO: ANDREW J. MARONEY A!KIA ANDREW JOHN MARONEY 76 PLEASANT VIEW DRIVE MECHANICSBURG, PA 17050 "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 , 76 PLEASANT VIEW DRIVE, MECHANICSBURG. P A 17050, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7. 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $120,042.93 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 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. 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 grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7 . You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold in the absence of a 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 ALL THAT CERTAIN piece or parcel ofland situate in Silver Spring township, Cumberland County, Pennsylvania, being bounded and described as follows, to wit: BEGINNING at a point in the north side of Pleasant View Drive at the dividing line between Lots 5 and 6 on the hereinafter mentioned Plan of Lots; thence along the dividing line between Lots 5 and 6, north 10 degrees 07 minutes 20 seconds west, the distance of 106.00 feet to a point at the dividing line between Lots 6and 7 on said plan; thence along said dividing line, north 82 degrees 51 minutes 29 seconds east, the distance of 136.88 feet to a point on the west side of Lilac Drive; thence along the said of Lilac Drive the following three courses and distances; (I) along the arc of a curve having a radius of 325.00 feet the arc distance of 19.92 feet; (2) South 10 degrees 39 minutes 14 seconds east, the distance of 66.02 feet; (3) along the arc of curve having a radius of 12.00 feet the arc distance of 18.86 feet to a point on the said side of Pleasant View Drive; thence along the said side of Pleasant View Drive, the following two courses and distances; (I) South 79 degrees 24 minutes 05 seconds west, the distance of 100.86 feet; (2) South 79 degrees 52 minutes 40 seconds west the distance of24.13 feet to a point, the place of BEGINNING. BEING Lot No.6, Mulberry Crossing, Section I, recorded in Plan Book 40, page 142. BEING known as No. 76 Pleasant View Drive, Mechanicsburg, Pennsylvania. BEING the same premises which Samuel Richard Cowan and Stella A. Cowan, his wife, by Deed dated November 24,1992 and recorded December 9,1992 in the Office of the Recorded of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 36-A page 656, granted and conveyed unto William Robert Tyrrell Jr. and Margaret Jayne Tyrrell, his wife. Vtslllur I'nform.tloD:. VC'fd by: SpccW W..<only Deed dated 11130100 ,alven by wnu.... Rob.rt Tyrnll,J.. and Mupnl J.y.. Tyr..... b...bauI ad....lflIl to Andrew J. M.roMf~ sincle peneD mcordcd 12/lJDtt in Book: 23S Page 31] PREMISES BEING: 76 PLEASANT VIEW DRIVE, MECHANICSBURG, P A 17050 WRIT OF EXECUTION and/or ATTACHMENT ~. COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-592 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 ANREW J. MARONEY a/k1a ANDREW JOHN MARONEY, 76 PLEASANT VIEW DRIVE, MECHANICSBURG P A 17050. (I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 76 PLESANT VIEW DRIVE, MECHANISBURG P A 17050 (SEE LEGAL DESCRITlON) . (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) 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 $120,042.93 L.L. $.50 Interest FROM 4/21/05 TO 91705 @ $19.73 PER MONTH ~ $2,742.47 Atty's Comrn % Due Prothy $1.00 Atty Paid $117.40 Other Costs Plaintiff Paid Date: APRIL 28, 2005 e.~ (Seal) By: REQUESTING PARTY: Name FRANCIS S. HALLINAN, ESQ. Address: ONE PENN CENTER@SUBURBANSTATION 1617 JFKBLVD., STE.1400, PHILA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 -- Real Estate Sale #05 On May 04, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA Known and numbered as 76 Pleasant View Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 04, 2005 By: .J~~\ Real Estate Deputy s c:;:r;:J c:;:r;:J = GV GVa Bn :( d bl \ld~ ~ijijl '. "," 'rJL.!!',' 'j ',.-'ld" lWll.L:i L\t;', '-JV,"}" '3:1f\J3\-\S :::\\1 clO :J:lL:lJU