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HomeMy WebLinkAbout05-1819 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, P A 19103 (215) 563-7000 PHH MORTGAGE CORPORATION F/K/ A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. 25 /1;t! tuJ v. CUMBERLAND COUNTY FELICE W. MARGIANI A1K/ A FELICE WALKER DUGAN AlK/A FELICE W DUGAN AIK/ A FELICE E WALKER 110 EAST MAIN STREET NEWBURG, PA 17240 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 File#: IOto:895 File #: J 08895 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IS 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. ] . Plaintiff is PHIl MORTGAGE CORPORATION FIK/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: FELICE W. MARGIANI AIK/ A FELICE WALKER DUGAN AlK/A FELICE W DUGAN NKJ A FELICE E WALKER 110 EAST MAIN STREET NEWBURG, PA 17240 who is/are the mortgagor(s) and real owner(s) of the property hereinatler described. 3. On 04/30/2004 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 No. 1863, Page: 4797. 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 10/0 1/2004 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 colIectible forthwith. File #: ]08895 6. The following amounts are due on the mortgage: Principal Balance Interest 09/0112004 through 04/05/2005 (Per Diem $8.87) Attorney's Fees Cumulative Late Charges 04/30/2004 to 04/05/2005 Cost of Suit and Title Search Subtotal $56,754.5 I ],924.79 ] ,250.00 98.40 $ 550.00 $ 60,577. 70 Escrow Credit Deficit Subtotal 0.00 375.99 $ 375.99 TOTAL $ 60,953.69 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminaled because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 60,953.69, together with interest from 04/05/2005 at the rate of$8.87 per diem to the date of Judgmcnt, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP . ~_.~~~ By: ZFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff fih: tI: 108895 ALL THAT CEttTAIN lot of gtOUIld lyiDg llIId bcIna altuatt in !be Boxoueh of Newburg. Cumbmand Couttty, :PCDIIS)'lvania, together with the InIprowments tbmoo eteCIed. znore partlculer1y boUIJded llDli clefOribed 1I$1iJ1lows. to wit: BEGINl'UNG at .. post on MAin Stnoct; 1b.eAce by Improved lot IIOW or 1iJrmmy of Walter C. DUIlIap mc1 Esther S. Dunlap, his wifa. ~ 169 {oer 110.. post; th~ by land$ fJ1.7W or fonnerly of Howald KinmU1o:t, ~ 50 feet to a post; tbenoe by lot now or fonnc:dy of D.vid Heberlig, northwmdly 169 feet to Main Street; tbmcc by said Main SUeeI, eutward1y so ~ to tb:: place of 8EGINNING. HAVING TR1l'REON EJUlCI'ED . dvnilling bouse lad other /mpcQvemems known II 11 0 East Main Stteet.. VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa, R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa, c. S. Sec. 4904 relating to unsworn falsifications to authorities. k~~~:s::.- ~ Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: l.-tjr:;joC:: , ( 1.."\ \.^ . , (J\ \) ~ ~ , ~~ ~ ~R 1 ;Jl ~ '- '" ~ ~ ~~ ~ c \.)\" V-, N \ '---.; , , '"'-' ~\.!'\ ,'- \-:j ~ '<0 ~"" <1 ~:, ~?!\',. .'- i ~., 'D:;C ~~" " ~,\ ~~) ~~ r~ ~ ~ !'O -(~,~ :::0 -0 r!l \ :,,,Q -..1 (~'.\ C} .-r:.,\ ')"!:" c;?.6 ::;t: 3m 0.: -'-' ~1;-; UI ~ s:- SHERIFF'S RETURN - REGULAR CASE NO: 2005-01819 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS MARGIANI FELICE W AKA FELICE W RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MARGIANI FELICE W AKA FELICE WALKER DUGAN AKA FELICE W DUGA t e DEFENDANT , at 1843:00 HOURS, on the 15th day of April 2005 at 56 W WILLOW STREET #1 CARLISLE, PA 17013 by handing to FELICE DUGAN a true and attested copy of COMPLAINT - MORT FORE together ith and at the same time directing Her attention to the contents th reof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 27.38 .00 10.00 .00 55.38 So Answers: --,,,,,,,,,,/,/,,,,<,?;;-' .//~ /.'" -,,;;~~~'~'~'~-1'~ R. Thomas Kline 04/18/2005 PHELAN HALLINAN Sworn and Subscribed to before By: ( me this ,f,r day of ~ doa > -- A,D. .4 - ~l_ -- --- -/~<~~ott!l;;t-'Z;[y/,<)~ / I 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 PHH MORTGAGE CORPORATION F/KlA CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 05-1819 v. FELICE W. MARGIANI A/KlA FELICE WALKER DUGAN A/K/A FELICE W. DUGAN A/KIA FELICE E. WALKER 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 FELICE W. MARGIANI A/K/AFELlCE WALKER DUGAN A/K/AFELlCE W. DUGAN A/K/AFELlCEE. WALKER and, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 4/6/05 to 5/24/05 TOTAL $60,953.69 $434.63 $61,388.32 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. i, copy attached. JJ~JJ.1~ DANIEL G. SCHMIEG, E~IRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA TED. ~ DATE: f1~, .:21- .;:(Cla.) (J/,M ---h.o ~ /.). . { , PRO PROTHY 4 .. PHELAN, HALLINAN AND SCHMIEG By: Francis S. HalIinan, Esq., Id. No. 62695 ATTORNEY FOR PLAINTIFF One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (71 ) i )1i1-7000 PHH MORTGAGE CORPORATION FIK/A CENDANT : COURT OF COMMON PLEAS MORTGAGE CORPORATION, D/B/A ERA MORTGAGE : CIVIL DIVISION Plaintiff Vs. : CUMBERLAND COUNTY FELICE W. MARGIANI AIKJ A FELICE WALKER DUGAN AlKJA FELICE W. DUGAN AlKJA FELICE E. WALKER : NO, 05-1819 Defendants TO: FELICE W. MARGIANI AfK!A FELICE WALKER DUGAN AfK!A FELICE W. DUGAN AfK!A FELICE E. WALKER 56 W. WILLOW STREET CARLISLE, PA I70B DATE OF NOTICE: MAVIi 200~ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS 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 DEF AUL T BECAUSE YOU HA VE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MA Y BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PAl 70 13 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys 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 PHH MORTGAGE CORPORATION FIKIA CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE 4001 LEADENHALL ROAD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 05-1819 v. FELICE W. MARGIANI A1K/A FELICE WALKER DUGAN A1K/A FELICE W. DUGAN A/K/ A FELICE E. WALKER Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service 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 FELICE W. MARGIANI A/K/ A FELICE WALKER DUGAN A/K/A FELICE W. DUGAN A/K/A FELICE E. WALKER is over 18 years of age and resides at , 56 W. WILLOW STREET, CARLISLE, P A 17013 . This statement is made subject to the penalties of 18 Pa, C.S. Section 4904 relating to unsworn falsification to authorities. ~~JdJ(~ DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW PHH MORTGAGE CORPORATION F/KlA CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE 4001 LEADENHALL ROAD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 05-1819 v. FELICE W. MARGIANI A/KIA FELICE WALKER DUGAN A1K1A FELICE W. DUGAN A/KIA FELICE E. WALKER Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on (I1';Jy]t-, 200.5. DEPUTY If you have any questions concerning this matter, please contact: ~~J1-i~ DANIEL G. SCHMIE , ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THlS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** C 70 G::> "'9. 1- *- 1- -:-0 D F- '- fj \) ...., ..... C::'_, CJ , c::-, ~-,-'l '-rl j 6 -..a v -" :::-::1 .. " ~ P- i,', Il.r "',.; - (.., h'- i: l'I ~ ' "f-- -- '''-Z -..- , .. I C.-" ,,,.1 C:.::. ..< . 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE Plaintiff, v. No. 05-1819 FELICE W. MARGIANI A/K/A FELICE WALKER DUGAN A/K/A FELICE W. DUGAN A/K/A FELICE E. WALKER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $61,388.32 Interest from 5/24/05 to SEPTEMBER 7, 2005 (per diem -$10.09) $1,069.54 and Costs TOTAL $62,457.86 ~~):~ DANIEL G. SCHMIEG, QUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It ma 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. '" .... Q r- .... < < ~ ~ r-S < ... ~~ 00 .... ~~ "'~ z ~ < . s~ O~ ~~ 0 u ~~ .... .... 00> -.... ... <... ~... ~. ~ "" ..cJ "";.. ~~"" ..."" u ~ OJ "'00 <"" ~'E' c: ~z ....0'" ~~ ~ .~ ... OJ Zz ~~< "" = 00 '" 0,," ""... '" ~ OJ ~ Q .~ .0 oj ~~ OO~ u"" 0": .p: 0 1;' ~ . ~u~ ....~ " ... ...< ... .. ~.B s 01: ""0 E2~ ... o~~ .; 5~ ~r> .... '" uz .. ~ .... ~~ OJ ~~ u",~ g- OO ~~ ~~ 8 ~ 0.. ...U ""'" ot: ]B "'~"" ~ OJ <", ~ Q '.c> .... ~~ <0< If) OJ ~~ "'~- ....~ ""6 ~ ~...~ ~~ ~ <n 8; .... u '" OZ~ .... . OJ """" ~< ~: ~ .;; .tJ =~ ..!l '0 =~ ~ < ...~ ~~ ~ 1 z~ ="" .... ....u ~u ~t: :'':..J L::_) "" .. U V) -.-- .... Jl -- ... .- t: .,"', -+ ", .s!: . ~-~ J ~.::. - , "- , ~ , q(::n , w --d1 ~ , ~ 0:f ---- ~ ~ " ~ , 0- ~ ~ , -J (l'-.J 0- <11 I I \l'- .:::,... \ ~ <l """ \) 0 CJ ~ ,J ~ ~ () ~ :::c ...... -J () (') ~ () --.: -- j ~ ~ ~ C)- "6' ~ ~ ~ ~ 6: ~ "') u r:v. <s........... . . DESCRIPTION ALL THAT CERTAIN lot of ground lying and being situate in the Borough of Newburg, Cumberland County, PeIUlsylvania, together with the improvements thereon erected. more particularly bounded and described as follows, to wit BEG[$ING at a post on the Main Street; thence by improved lot now or formerly of Walter C. Dunlap and Esther S. Dunlap, his wife, southwesterly 169 feet to a post; thence by lands now or formerly of Howard Kitzmiller, westwardly 50 feet to a post; thenee by lot now or formerly of David Heherlig, nonhwardly 169 feet to Main Street; thence by said Main Street, eastwardly 50 feet to the place uf BEGINNING. HA VING THEREON ERECTED a dwelling house and other improvements knuwn as It 0 East Main Street. BEING Parcel Number 24-21-0390-104. RECORD OWNER TrrLE TO SAID PREMISES IS VESTED Il'LYelice W. Margiani, married WOman by Deed from WIlliam J. Urowllewell, single man, dated 4-30-04 and recorded 5-3-04 In Deed Book 262, page 3967. PREMISES BEING: 110 EAST MAIN STREET, NEWBURG, P A 17240 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1819 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION F/K1A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE, Plaintiff(s) From FELICE W. MARGIANI NKlA FELICE WALKER DUGAN NKlA FELICE W. DUGAN NKlA FELICE E WALKER (i) You are directed to levy upon the property ofthe defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant( s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $61,388.32 L.L. $.50 Interest FROM 5/24/05 TO 917/05 (PER DIEM - $10.09) - $1,069.54 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $137.38 Plaintiff Paid Other Costs Date: MAY 26, 2005 CURTIS R. LONG (Seal) Prothon~ '- By: ..P1/?J2~ 0 , P . 7fO?fl/ vJ Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF PHH MORTGAGE CORPORATION F/KlA CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. FELICE W. MARGIANI A/KlA FELICE WALKER DUGAN A/KlA FELICE W. DUGAN A/KIA FELICE E. WALKER NO. 05-1819 Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa, C.S. Section 4904 relating to unsworn falsification to authorities. tJ:.~ fi~~ DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff c C': , '.... PHH MORTGAGE CORPORATION F/KJA CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION FELICE W. MARGIANI AIKIA FELICE WALKER DUGAN NKJA FELICE W. DUGAN NKJA FELICE E. WALKER NO. 05-1819 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,110 EAST MAIN STREET, NEWBURG, P A 17240 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) FELICE W. MARGIANI A/K/A FELICE WALKER DUGAN A/K/A FELICE W. DUGAN A/K/A FELICE E. WALKER 56 W. WILLOW STREET CARLISLE, PA 17013 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None . - 4. Name and address oflast 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 11 0 EAST MAIN STREET NEWBURG, PA 17240 Domestic Relations of Cnmberland 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 infonnation 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. Mav 24, 2005 DATE ~~J1,~~ DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff ;>,) c c:: C~. PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE Plaintiff, CUMBERLAND COUNTY No. 05-]8]9 v. FELICE W. MARGIANI AJKJA FELICE WALKER DUGAN A1K/A FELICE W. DUGAN A1K/A FELICE E. WALKER Defendant(s). May 24, 2005 TO: FELICE W. MARGIANI A/KIA FEUCE WALKER DUGAN A1K1A FEUCE W. DUGAN A1K1A FELICE E. WALKER 56 W. WILLOW STREET CARLISLE, P A 17013 **THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORM A TlON 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 , I 10 EAST MAIN STREET, NEWBURG, PAl 7240, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7, 2005 at ] 0:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of$61,388.32 obtained by PHH MORTGAGE CORPORATION F/KlA CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.p., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 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 musl 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. Ifthc 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. Yau may be able to petition Ihe Court to set aside the sale if the bid price was grossly inadcquate 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 Ihe 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 dislribution 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 CUMBERIoAND COUNTY BAR ASSOCIATION DESCRIPTION ALL THAT CERTAIN lot of ground lying and being situate in the florough of Newburg, Cumberland County, Pennsylvania, together with the improvements thereon ere<:ted, more particularly bounded and described as follows, to wit: BEGINNING at a post on the Main Street; thence by improved lot now or formerly of Walter C. Dunlap and Esther S. Dunlap, his wife, southwesterly 169 feet to a post; thence by lands now or formerly of Howard Kitzmiller, westwardly 50 feet to a post; thence by lot now or formerly of David lIeherlig, northwardly 169 feet to Main Street; thence by said Main Street, eastwardly 50 reet to the place of BEGINNING. HA VINO THEREON ERECTED a dwelling house and other improvements known as 110 East Main Street. BEING Parcel Number 24-21-0390.104. RECORD OWNER TOLE TO SAID PREMISES IS VEST!'D IN Felice W. Margiani, married woman by Deed from William 1. I3rownewell, single man, dafed 4-30-04 and recorded 5-3-04 in Deed Book 262, page 3967. PREMISES BEING: I] 0 EAST MAIN STREET, NEWBURG, P A ] 7240 . o -;1 ,,) '-. c' C.i ... <#. AFFIDAVIT OF SERVICE PLAINTIFF PHH MORTGAGE CORPORATION F/KJA CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE CUMBERLAND COUNTY PJT No. 05-1819 DEFENDANT(S) FELICE W. MARGIANI AlK/A FELICE WALKER DUGAN A/KJA FELICE W. DUGAN AlK/A FELICE E. WALKER ACCT. #0023951452 Type of Action - Notice of Sheriff's Sale SERVE FELICE W. MARGIANI AlKJA FELICE WALKER DUGAN A/KJA FELICE W. DUGAN AlKJA FELICE E. WALKER AT 56 W. WILLOW STREET CARLISLE, P A 17013 Sale Date: SEPTEMBER 7, 2005 Served and made known to Fe.} i' (~ LV I at '7: /f5", o'clock I.m, at S"G W, I -;- SERVED ~ a v j " '6 tJ, ,Defendant, on the \)J:I\ ovJ st., Gof- \-. Y\ () , (~t day of ~ tJ~ ,200_S- , Commonwealth of Pennsylvania, in the manner described below: X I Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(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: , ,1 rb$' \ Height ~ Weight Mg Race KJL-. Sex F Other lJe) '5 o:>SC"S Description: Age '5.s- I, Cth ...,.JC ~ 1.... Cd. \y, j';. , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this ~ day of --:N t-IE. , 200S- Notary:<~~ ~ PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDlCAT By: NOTARIAl SEAL ,~.H. CAA1Y, NGf8y PubIc ~-"IJ 'Ii , Fnnctn CcuI(v . 10, 2001 S & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: I I Time: 2nd Attempt: I I Time: 3rd Attempt: I / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 - ..__...-----._,.,~.~~_. 'C5 c:=> cJ' c...- c::: ~ - c:.,.) / :1 ~ .-\ :::r:;-t'\ P'r:: -CJ rD ~nO 66 :::;i---ft i'~ r~ ts f'\ .~\ ~ :.-<. :P" ~ 9 ;::- :J:,:" ..,---------.-..,.-..-.-------'.... .....- 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 A.D., 2005, under and by virtue ofa writ Execution issued on the 26th day of Mav, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 1819, at the suit ofPHH Mtg Corp fka Cendant Mtg Corp dba Era Mtg against Felice W Margiani aka Felice Walker Dugan aka Felice W aka Felice E Walker is duly recorded in Sheriffs Deed Book No. 271, Page 241. IN TESTIMONY WHEREOF, I have hereunto set my hand JAy. 'I .2/ ,2r7lJ day of and seal of said office this ,A.D. ~1/ Recorder of Deeds !IeconterO/Doodo ~ MyCclmmilobi~lhoFi1l~~ PHH Mortgage Corporation flk/a Cendant Mortgage Corporation, d/b/a Era Mortgage VS Felice W. Margiani a/k/a Felice Walker Dugan a/k/a Felice W. Dugan a!k/a Felice E. Walker The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-1819 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on June 23, 2005 at 9:35 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: Felice W. Margiani a!k/a Felice Walker Dugan a/k/a Felice W. Dugan a/k/a Felice E. Walker, by making known unto Felice Margiani, personally, at 56 West Willow Street, Apt. #1, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly SWOrn according to law, states that on July 15,2005 at 6:01 o'clock P.M., he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Felice W. Margiani a/k/a Felice Walker Dugan a!k/a Felice W. Dugan a!k/a Felice E. Walker, located at 110 East Main Street, Newburg, 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: Felice W. Margiani a!k/a Felice Walker Dugan a!k/a Felice W. Dugan a/k/a Felice E. Walker, by regular mail to her last known address of 56 West Willow Street, Apt. #1, Carlisle, PA 17013. This letter was mailed under the date of July 05, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being d,uly 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 10:00 o'clock A.M. He sold the same for the sum of$I.OO 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 19103 being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$856.98. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer $30.00 16.80 15.00 15.00 30.00 10.00 Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $ .50 1.00 19.70 12.34 15.00 20.00 311.00 277.94 18.20 25.00 39.50 856.98 Sworn and subscribed to before me 2005, A.D. So Answers: r~~~~ R. Thomas Kline; Sheriff ~~ " vV jO' J, ~v Ck511.-3'i ~WI(''ff PHH MORTGAGE CORPORATION F/KJA CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION FELICE W. MARGIANI A/KJA FELICE WALKER DUGAN A/KJA FELICE W. DUGAN A/KJA FELICE E. WALKER NO. 05-1819 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE, 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 ,llO EAST MAIN STREET, NEWBURG, PA 17240. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) FELICE W. MARGIANI A/K/A FELICE WALKER DUGAN A/K/ A FELICE W. DUGAN A/K/A FELICE E. WALKER 56 W. WILLOW STREET CARLISLE, PA 17013 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 rnay be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TenanUOccupant 110 EAST MAIN STREET NEWBURG, PA 17240 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. May 24, 2005 DATE ;rr~ .)1. --2~ DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff , PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE Plaintiff, CUMBERLAND COUNTY No. 05-1819 v. FELICE W. MARGIANI A!K/A FELICE WALKER DUGAN AlK/ A FELICE W. DUGAN AlK/A FELICE E. WALKER Defendant(s). May 24, 2005 TO: FELICE W. MARGIANI AlK/A FELICE WALKER DUGAN AlK/A FELICE W. DUGAN AlK/A FELICE E. WALKER 56 W. WILLOW STREET CARLISLE, P A 17013 **THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORM A TlON OBTAINED WILL BE USED FOR THA T 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 .110 EAST MAIN STREET. NEWBURG. PA 17240. 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, PAl 7013, to enforce the court judgment of $61.388.32 obtained by PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how rnuch you must pay, you may call: (215) 563-7000. 2. You rnay be able to stop the sale by filing a petition asking the Court to strike or open the judgment, ifthe 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 rnore chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You 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 rnay call (717) 240-6390. 4. If the amount due from the Buyer is nol 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 ofthe money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in 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 DESCRIPTION ALL THAT CERTAIN lot of ground lying and being situate in the Borough of Newburg, Cumberland County, PeIlll$Ylvania, together with the improvements thenx>n erected, more particularly bounded and described as follows, to wit: BEGINNING at a post on tbe Main Street; thence by improved lot now or fonnerly of Walter C. Dunlap and Esther S. Dunlap, his ,,~fe, southwesterly] 69 Ceet to a post; thence by lands now or formerly of Howard Kit2miller, westwardly 50 feet to s post; thence by lot nOw or formerly of David Heberlig, northwardly 169 feet to Main Street; thence by said Main Street, eastwardly 5Q reet to the place of BEGINNING. HAVING THEREON ERECTED a dwelling huuse and other improvements known as 110 East Main Street. BEING Parcel Number 24-21..0390-1 04. RECORD OWNER TilLE TO SAID PREMlSES IS VESTED IN Felice W. Marglani, married woman by Deed from William J. Brownewell, single man, dated 4-30..04 and recorded 5-3-04 in Deed Book 262, page 3967. PREMISES BEING: 110 EAST MAIN STREET, NEWBURG, P A 17240 WRIT OF EXECUTION and/or ATT ;\CHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1819 Civil CIVIL ACnON - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debl, interest and costs due PHH MORTGAGE CORPORATION F/KIA CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE, Plaintiff(s) From FELICE W. MARGIANI AlKJA FELICE WALKER DUGAN AlKJA FELICE W. DUGAN AlKJA FELICE E WALKER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $61,388.32 L.L. $.50 Interest FROM 5/24/05 TO 9/7/05 (PER DIEM - $10.09) - $1,069.54 AND COSTS Ally's Comrn % Due Prothy $1.00 Ally Paid $137.38 Other Costs Plaintiff Paid Date: MAY 26, 2005 (Seal) CURTIS R. LONG Prothonotary ~ By: L/A fh.rJ Q. -;p /2LL ~ Deputy --- REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #54 On June 10, 2005 the Sherifflevied upon the defendant's interest in the real property situated in Newburg Borough, Cumberland County, P A Known and numbered as 110 East Main Street, Newburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 10, 2005 ByJec0{ JvWJd, Real Estate Deputy ~ ~ ~ ~ gZ :11 'V LZ ml IDOl \./d '},i'iii., " _ :_.' ,; J.:mJ3fiSc:i.L .:iO ::::!I.:L:lU PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA 55. 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, VIZ: July 15, 22, 29, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. f L Li a Marie Coyne, Ed' or o AND SUBSCRIBED before me this day of Julv. 2005 NOTARI SEAL LOIS E. SNYDER, Notary Public Carlisle BolO, Cumberland County My Commission Expires March 5. 2009 REAL ESTATE SALE NO. 54 Writ No. 2005-1819 Civil PHH Mortgage Corporation, fjk/a Cendant Mortgage Corporation, d/b/a Era Mortgage VO. Felice W. Marglanl, a/k/a Felice Walker Dugan. a/k/a Felice W. Dugan, a/k/a Felice E. Walker Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN lot of ground ly1ng and being situate in the Bor- ough of Newburg. Cumberland County, Pennsylvania. together with the iurrprove01ents thereon erected, more particularly bounded and de- scribed as follows, to wit: BEGINNING at a post on the Main Street; thence by improved lot now or formerly of Walter C. Dunlap and Esther S. Dunlap, his wife, southwesterly 169 feet to a post; thence by lands now or formerly of Howard KJtzmHler. westwardly 50 feet to a post; thence by lot now or fonnerly of David Heberlig, north- wardly 169 feet to Main Street: thence by said Main Street. east- wardly 50 feet to the place of BE- GINNING. HAVING THEREON ERECTED a dwelling house and other improve- ments known as 110 East Main Street. BEING Parcel Number 24-21- 0390-104. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Felice W. Margiani, mar- ried woman by Deed from WUliam J. Brownewell. single man. dated 4-30-04 and recorded 5-3-04 in Deed Book 262. page 3967. PREMISES BEING: 110 EAST MAIN STREET. NEWBURG. PA 17240. 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 8 I 8 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 Sunday/ 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 duJy authorized and empowered to verifY 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. COpy S ALE #54 Sworn to and subscriD PUBLICATION CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRlOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 277.94 REAL I!lITATllW.E No. 54 WtftNo.__,119 ClvIITenn PHH 1I<N"t'I/- CorpondIon IIkIa ~..~eo.~dJ 1IitI. Era IklrlfI8lIe Va f'eII.,.lII/.~IIItrIa_ _~IIItrIaFel""W. . Ilug8n IIItrIa fflllce e.-.- Ally: D8n1el SciunIeo D~N AlL TIIAT CfXI'AIN lot of ground lying and being ._ ill tfIo Borough of Newbmg, Comb<dand c-y, _y_, logelher wilh tfIo io>pov...... 1bcmJo metod, lllOlt parti<oIarly booodcd and doocribcd" loIlow.," wit BEGINNING at . pool 011 ... Main S_, _byiIlqlonodlotoow<<foonerlyofWal'" C. DwIbp and Ester S. DwIbp. his wife, sootbwesterlyl69fuet...post,-'bylands _ or foonerly oc IIowatd KlIzmiIkr, westerly lOfuetto.post, _by Iotooworfurmcdy.of na.id lIdIMig, -..!Iy 169 fuet .. Main __bysaidMJio_,eastwardlylO fuet.. tfIo pIoce ofBEGINN1IlG. HAVING TIIIiRBON BlI!CI'IlD . dwelli88 _ ""_ ........- bmlll.. llDIlaat Main_. ___24-21,(lJ90.t04. Tl\U! TO SAIll PIUlMI8IlS is vcsllld in Felice W. MalgiloIi, mfrled woman by Deed - William I. BrownWeI!. siDgIe 0100,_4-_ and reconlcd S.J-D4 in Deed Book 262, pa&t 3967. ' PREMISES BEING 110 East Main S_, Neobq,,^ 117MJ. .