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HomeMy WebLinkAbout05-3337 PHELAN HALLINAN & SCHMIEG. LLP LAWRENCE T. PHELAN, ESQ., ]d. No. 32227 FRANC]S S. HALLINAN, ESQ., ]d. No. 62695 ONE PENN CENTER PLAZA. SUITE 1400 PH]LADELPHlA, PA 19]03 (215) 563-7000 MORTGAGE ELECTRON]C REG]STRATlON SYSTEMS, ]NC. 8201 GREENSBORO DR]VE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FOR PLA]NTIFF COURT OF COMMON PLEAS CIVIL DlV]S]ON Plaintiff TERM NO. OS- 3-:;,3'7 C-.wi-f Iu..- v. CUMBERLAND COUNTY JOSHUA FULTON KAR]N FULTON A/KJA KARIN LYNN OLIVER 102 SECOND STREET NEWBURG,PA ]7240 Defendants 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 170 I 3 (800)990-9108 File-H: 113499 File #~ 118499 IF TIIIS IS THE FIRST NOTlCE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, ]5 U.S.c. ~ ]692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. 'F 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 VERI FICA TION 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 MA Y 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 EST ATE. 6. The following amounts are due on the mortgage: Principal Balance Interest 01/01/2005 through 06/29/2005 (Pcr Diem $23.29) Attorney's Fees Cumulative Late Charges 06/04/2004 to 06/29/2005 Cost of Suit and Tille Search Subtotal $94,479.37 4,192.20 ] .250.00 ]88.70 $ 550.00 $ 100,660.27 Escrow Credit Deficit Subtotal 0.00 0.04 $ 0.04 TOTAL $ 100,660.31 7. The attorney's fees set forth above are in confonnity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice ofIntention to Foreclose as set forth in Act 6 ofl974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant{ s) on the date{s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant{s) 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] 974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant{s) in the sum 01'$ 100,660.3], together with interest from 06/29/2005 at the rate of $23.29 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. HALL~NA~rSC~ By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 118499 ALL THE FOLLOWING TRACT OF LAND, TOGETHER WITH IMPROVEMENTS THEREON ERECTED, KNOWN AS 102 SECOND STREET, IN THE BOROUGH OF NEWBURG, CUMBERLAND COUNTY, PENNSVLV ANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN SET AT THE BUILDING CORNER OF A TWO-STORV BRICK HOUSE ON WATER STREET IN THE BOROUGH OF NEWBURG, CUMBERLAND COUNTY, PENNSVLVANIA; THENCE ALONG THE EDGE Of WATER STREET, SOUTH 16 DEGREES 10 MINUTES 59 SECONDS EAST 169.00 FEET TO AN IRON PIN SET AT THE NORHTERN EDGE OF AN EXISTING 12 fOOT ALLEV; THENCE ALONG THE NORTHERN EDGE Of SAID ALLEV, SOUTH 7J DEGREES 55 MINUTES 25 SECONDS WEST, 86.15 FEET TO AN EXISTING IRON PIN AT LANDS NOW OR FORMERLY OF GLENN S. MINICK; THENCE ALONG SAID LANDS NOW OR FORMERLY OF GLENN S. MINICK AND CONTINUING ALONG LANDS NOW OR FORMER LV OF THE NEWBURG UNITED METHODIST CHURCH, KNOWN AS LOT NO.2 ON THE HEREINAFTER DESCRIBED SUBDIVISION PLAN, NORTH 17 DEGREES 39 MINUTES 30 SECONDS WEST, 168.88 FEET TO AN IRON PIN SET AT THE SOUTHERN EDGE OF SECOND STREET, IN THE AfORESAID BOROUGH AND COUNTY; THENCE ALONG SAID SECOND STREET, NORTH 13 DEGREES 48 MINUTES 24 SECONDS EAST, 90.94 fEET TO AN IRON PIN, THE PLACE OF BEGINNING. PROPERTY BEING: 102 SECOND STREET 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 ofthe 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 pena'ties of 18 Pa. c. S. Sec. 4904 relating to unsworn falsifications to authorities. h/hL- Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: (({Hlf1) (') ....., jf:> = 0 ~ ~ c = -n ~::. <.n IJrt1 <- :r-n 11 ~~i' c: UIl Z m- ..... (' (.oJ -olTi ~ ..... Cl e;6 u-, ...:, ~t:.) -I'T ...., ..{) -~e: ::> I..d u. .. ::lI: 0-- -.) (,.., 2:0 )>'C S? cSrn I/o Z .-1 . \ :.:! 0 J> Xl V 0:> -< (j SHERIFF'S RETURN - REGULAR CASE NO: 2005-03337 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS FULTON JOSHUA ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FULTON JOSHUA the DEFENDANT , at 1805:00 HOURS, on the 15th day of July at 102 SECOND STREET , 2005 NEWBURG, PA 17240 by handing to KARIN FULTON, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 16.00 .00 10.00 .00 44.00 r~~/~ R. Thomas Kline Sworn and Subscribed to before 07/18/2005 PHELAN HALLINAN SCHMIEG ~ BY:~ Deputy She iff me this ~,;!.....J..... day of L)~ I'j ~.; A.D. (h;otr2n~'~1 SHERIFF'S RETURN - REGULAR CASE NO: 2005-03337 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS FULTON JOSHUA ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FULTON KARIN AKA KARIN LYNN OLIVER the DEFENDANT , at 1805:00 HOURS, on the 15th day of July , 2005 at 102 SECOND STREET NEWBURG, PA 17240 by handing to KARIN FULTON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: -"~/ , .-:;/ ~ '-4.:.... _...v::>~~ " '"' ..,{ _, .r":~....::..-u .-"> , ~- . <t,...~..~~ ~- '. ,'. .. . ,;" ,4_.<}~'iJ"~ 4. 7' R. Thomas Kline 07/18/2005 PHELAN HALLINAN By: -.-----., Sworn and Subscribed to before ,( me this .},;).~ day of ~ ~~,,).A::~ p othonotary }~/ 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION P'aintiff, v. NO. 05-3337 CIVIL TERM JOSHUA FULTON KARIN FULTON a/k/a KARIN LYNN OLIVER 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 JOSHUA FULTON and KARIN FULTON a1k!a KARIN LYNN OLIVER, 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 6/30/05 to 1/24/06 TOTAL $100.660.31 $4,867.61 $105,527.92 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ,fJ~Ji JJ~w.i DANIEL G. SCHMIEG, ES~IRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE:, h) ,:<!;" Joob - I PRO P OTHY ~ PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 16]7 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA ]9103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-3337 CIVIL TERM JOSHUA FULTON KARIN FULTON a/k/a KARIN LYNN OLIVER 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 infonnation and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JOSHUA FULTON is over 18 years of age and resides at, 102 SECOND STREET, NEWBURG, PA 17240. (c) that defendant KARIN FULTON alk!a KARIN LYNN OLIVER is over 18 years of age, and resides at, 102 SECOND STREET, NEWBURG, PA 17240. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. fI~ Ji J~ DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff PHELAN, HALLINAN AND SCHMIEG By: Lamence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (? 1 ,) 'n 1-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY JOSHUA FULTON KARIN FULTON NKlA KARIN LYNN OLIVER Defendants : NO. 05-3337 CIVIL TERM TO: JOSHUA FULTON 102 SECOND STREET NEWBVRG,PA 17240 DATE OF NOTICE: AUGUST 5, 2005 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.lF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 AdO:J ~~: J ,~ j, Jt,a:.r~ FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN, HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (? 1 ,) '1i1_7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY JOSHUA FULTON KARIN FULTON NKJA KARIN LYNN OLIVER Defendants : NO. 05-3337 CIVIL TERM TO: KARIN FULTON AfKfA KARIN LYNN OLIVER 102 SECOND STREET NEWBURG, PA 17240 DATE OF NOTICE: AUGUST 5, 2005 THIS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATIEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION J d 0 "l .:J 1 J .J 32 SOUTH BEDFORD STREET /\ ';.1 :J CARLISLE, P A 17013 (800)990-9108 ~~I!'A !-l!af~Q~ FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff , ' -'4- -";\ P ." tlf- '- ~ ~ ,'\ . C) , Q \' -- .:t: -LJ f'I ~ --.- -::t ?=- ,--- .. ~ UJ \ .,' w ~r L,.,) \U' )J c-:- r ~ -,----- (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION P'aintiff, v. NO. 05-3337 CIVIL TERM JOSHUA FULTON KARIN FULTON a1k1a KARIN LYNN OLIVER Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on --J~,).:2S 200 t... By: /./,,/'" If you have any questions concerning this matter, please contact: x: J!J~;, DANIEL G. SCHMIEG, ES DIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: JOSHUA FULTON KARIN FULTON AJK/ A KARIN LYNN OLIVER 102 SECOND STREET NEWBURG, PAl 7240 who is/are the mortgagor(s) and real owner(s) ofthe property hereinafter described. 3. On 06/04/2004 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: 1869, Page: 4458. 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 02/0l/2005 and each month thereatter 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. Filc#: 118499 ~ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. No. 05-3337 CIVIL TERM JOSHUA FULTON KARIN FULTON a/kla KARIN LYNN OLIVER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $105,527.92 Interest from 1/24/06 to JUNE 7, 2006 (per diem -$17.35) $2,324.90 and Costs TOTAL $107,852.82 ~~Aj~ DANIEL G. SCHMIEG, ES . IRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 00 ~~ NN ........ .... .... -<-< ...... ~ ~~ ~$ ;;;1;;;1 ,.:I ~ ~~ ~~ ~ ~~ 8 .... -<~ u .... zz z ;;;I ,.;,.; -d ,.:I... u~ Z u <l) "'00 .... ~~ ,.:1,.:1 t "'z z . z'" ~~ ~~ Zz ~~ 0'" ,.:I :I \<~::, ~ '" 0,.:1 '" ........ <l) i~ ~,g .~ .D ~... ...."" '" 0000 o " ' .- ~ . u.... '" <~~ ~ ~~ ~ ,.:100 .... .. 8 O~ ...G; ~~ ..s ZZ ,;, 00 en vz ""Z .. -< .. - G Uv .. <l) ~;;;I $~ .."'2 ,.:1,.:1 g- OO r3S ~~ ) 8 B 0000 p. U ~S OOz ot: 1 NN <l) ~~ ~o ... Q .< 00 t .... .... ;;;I~ ,.:16 ...c: ~.... .... C$ 8; 06 ... ~ ~ v; ;;;I u '" <l) ,.:1,.:1 ~~ ... ~ -i:i ~ =~ ~ <l) .- , ....:; .~ ~ ... "" ~;;;I u ~ -+- .(1 ...0 7;;; J ~ N ., "-:..-:;:, , ,- - " -f0 \.\.jsl. - ~ ~,- - Qt:' ~ ~ - ~ ~ r( -] \-1;- ~\~ cr: pq ~ - - ~ or) - -l --J) 0":' C'? ~ ~ ~ :: - :: ~ l1) 1 '::\"- - ~ .....;, ,;.- 01 .-..JOa.J.J ..-.::~ C u-iS -, ~7~ (.L '-.J ~ t:- ...,0 eej \ ::t- l'- ~ 0 , .::J -- 0 t() () () 8 ~ () () (j G () () 14 () Lj () 6 L" 11 ct Vi i- ...j VI&\( '" -- 'b,2 :;;:,: :::r - l.i) ~ ~ '-.l ( , -.. 'I.I:L I . ~ ~al De$u"lotiod: (As .shown on Mortue:e\ ALL THE FOLLOWING TRACT OF LAND. TOGETHER WITH IMPROVEMENTS THEREON ERECTED. KNOWN AS 102 SECOND STREET, IN TUE BOROUGH OF NEWBURG. CUMBERLAND COUNTY. PENNSYLYANIA, BOUNDED AND DESCRIOEO AS FOLLOWS: BEGINNING AT AN IRON PIN SET AT THE UUILOlNG CORNER OF A TWO.STORY URICK HOUSE ON WATER STREET IN THE BOROUGH OF NEWBURG, CUMBERLAND COUNTY, PENNSYLVANIA; THENCE ALONG THE EDGE OF WATER STREET, SOUTH 16 DEGREES .0 MINUTES 59 SECONDS EAST 169.00 FEET TO AN IRON PIN SET AT THE NORUTERN EDGE OF AN EXISTING 12 FOOT ALLEY; THENCE ALONG THE NORTHERN EDGE OF SAID ALLEY. SOUTH 73 DEGREES 55 MINUTES 25 SECONDS WEST. 86.l5 FEET TO AN EXISTING IRON PIN AT LANDS NOW OR FORMERLY Of GLENN S. MINICK; THENCE ALONG SAIO LANDS NOW OR FORMERLY OF GLENN S. MINICK AND CONTINUING ALONG LANDS NOW OR fORMERLY OF THE NEWBURG UNITED METHODIST CHURCH, KNOWN AS LOT NO.2 ON THE HEREINAITER DESCRIBED SUBDIVISION PLAN, NORYH 11 DEGREES 39 MINUTES 30 SECONDS WEST, 168.88 FEET TO AN IRON rlN SET AT THE SOUTIIERN EDGE OF SECOND STREET, IN THE. AFORESAID OOROUCH AND COUNTY; THENCE ALONG $A(O SECOND STREET, NORTH 7,) OECREES 48 MINUTES 24 SECONOS EAS1', 96:')4 f{~ETTO AN IRON PIN. THE PLACE OF BEGINNING. J V<;sUfttl: lu'oTmaUon: Vested by: Warranty Deed dated ~./04. given by Robert W. HerH and Nancy C. Herlt, husbllnd and wife to Joshua A. Fultop and Karin F.....wR.busbaDd nd wife recorded 6/16/04;11 Book: 16J rage 2807 ---...'--~. ..--'> PARCEL # 24.21-0390 PREMISES BEING: 102 SECOND STREET, NEWBURG, P A \7240 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3337 Civil CIVIL ACTION - LA W TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From JOSHUA FULTON, KARIN FULTON AlK/A KARIN LYNN OLIVER (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) [fproperty 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. AmountDue $105,527.92 L L $.50 [nterest FROM 1/24106 TO 617106 (PER DIEM - $17.35) - $2,324.90 AND COSTS Atty's Comrn % Due Prothy $1.00 Arty Paid $142.00 Plaintiff Paid Date: JANUARY 31, 2006 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SillTE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION JOSHUA FULTON KARIN FULTON a/kla KARIN LYNN OLIVER NO. 05-3337 CIVIL TERM 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. Jf~JJ.J~ DANIEL G. SCHMIEG, ESQfinrn Attorney for Plaintiff n ''''' 0 = f-'- = .." 0, Cf""- ,ei '-- :;:J " ~... -'-:0 ..c. rnr- W :"23 ~d .i C:?lJ 1..__ ,.,..., ., ~= _~-n ~ 'Cc:;jc") <'3m j;! ".J ~ cr'} MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION JOSHUA FULTON KARIN FULTON a/kla KARIN LYNN OLIVER NO. 05-3337 CIVIL TERM 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 ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,102 SECOND STREET, NEWBURG, PA 17240. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOSHUA FULTON 102 SECOND STREET NEWBURG, P A 17240 KARIN FULTON a/k/a KARIN LYNN OLIVER 102 SECOND STREET NEWBURG, PA 17240 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 102 SECOND STREET NEWBURG, PA 17240 Domestic Relations of Cumberland Couuty 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department ofWeIfare PO Box 2675 Harrisburg, P A 171 05 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 30.2006 DATE ~f Ji J JJ.-v.:p DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff () "'" 0 co:? ~; = -n =' -'\..., ; '- :;:J r: ,...", --:0 A: r'11r-- -" m w :[5 0 ':~) CJ . ~; ,- "T; 71<' ,;j-:2:- - ,. "-,-..CJ ;1'.-)rn ::\ .c.., 1;:,. ,.j ~) :x:> -< 01 -< , MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, CUMBERLAND COUNTY No. 05-3337 CIVIL TERM v. JOSHUA FULTON KARIN FULTON a/kla KARIN LYNN OLIVER Defendant(s). January 30, 2006 TO: JOSHUA FULTON 102 SECOND STREET NEWBURG, P A 17240 KARIN FULTON aik/a KARIN LYNN OLIVER 102 SECOND STREET NEWBURG, PA 17240 * *THIS FIRM IS A DEBT COLLECTOR A TTEMPTING 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, 102 SECOND STREET, NEWBURG, PA 17240, is scheduled to be sold at the Sheriffs Sale on JUNE 7, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $105,527.92 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 ifthe bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the 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 Sherif[ 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 may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 , l..Aeeal Descriotion: (As shown Oft Mortl!aE'cl ALL THE FOLLOWING TRACT OF LAND, TOGETlIER WITH IMPROVEMENTS THEREON ERECTED, KNOWN AS 102 SECOND STREET, IN THE BOROUGH OF NEWBURG. CUMBERLAND COUNTY, PENNSYLVANIA, OOUNOED ANO DESCRIBED AS FOLLOWS: 8EGINNING AT AN IRON PIN SET AT THE BUILDING CORNER OF A TWO-STORY BRICK HOUSE ON WATER STREET IN THE BOROUGH OF NEWBURG, CUMBERLAND COUNTY, PENNSYLVANIA; THENCE ALONG THE EDGE OF WATER STREET, SOUTH 16 DEGRI:ES 10 MINUTES 5' SECONDS EAST 169.00 FEET TO AN IRON PIN SET AT THE NORHTERN EDGE OF AN EXISTING 12 FOOT ALLEY; THENCE ALONG THE NORTHERN EDGE OF SAID ALLEY, SOUTH 7J DEGREES 55 MINUTES 25 SECONOS WEST, 86.15 FEET TO AN EXISTING IRON PIN AT LANDS NOW OR FORMERLY OF GLENN S. MINICK; THENCE ALONG SAID LANOS NOW OR FORMERLY OF GLENN S. MINICK AND CONTINUING ALONG LANDS NOW OR FORMERLY OF TilE NEWBURG UNITED METHODIST CHURCH. KNOWN AS LOT NO.2 ON THE HEREINAFTER DESCRIBEO SUBOIVISION PLAN. NORTH 17 OEGREES 39 MINUTES 30 SECONDS WEST, 168.88 FEET TO AN IRON PIN SET AT TIlE SOUTHERN EDGE OF SECOND STREET, IN THE. AFORESAID BOROUGH ANI) COUNTY; THENCE ALONG SAID SECOND STREET, NORTH 73 OECRF.ES 48 MINUTES 24 SECONDS EAST, 90.94 fEET TO AN IRON PIN, THE PLACE OF BECINNINC. Vestinl' Information: Vested by: W"rraoty Dee4 dated 614104 . given by Robert w. atrlt and Naucy C. Hult. husband and wife to Joshua A. Fulton 8pd Karin EuJIOh. hllSband and wife (ecorded 6/16/04 in Boo!\.: 263 Page 2807 _______ ---- PARCEL # 24-21-0390 PREMISES BEING: 102 SECOND STREET, NEWBURG, P A 17240 () '-, 0 <::;;:) C-, L;..;;'> -n "" :-P '- ::;:J :;,~~,.. ni :D z ,.-- , ,,,,) ",m :N? (J( .) ..1"1. !:': ('j -il , -,"~ >~ (') !') m ~~-\ I,) ?s C'l -< ., . . PHELAN HALLINAN & SCHMIEG, LLP By: MICHELE BRADFORD, ESQUIRE IDENTIFICATION NO. 69849 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. COURT OF COMMON PLEAS CIVIL DIVISION vs. JOSHUA FULTON KARIN FULTON CUMBERLAND COUNTY No.: 05-3337 CIVIL TERM MOTION FOR POSTPONEMENT OF SHERIFF'S SALE Plaintiff, by its counsel, PHELAN HALLINAN & SCHMIEG, LLP, petitions this Honorable Court for a postponement of its Sheriff's Sale scheduled in the above captioned matter and in support thereof avers the following: I. A Sheriff's Sale of the mortgaged property involved herein has been scheduled for SEPTEMBER 6. 2006, 2. Pennsylvania Rule of Civil Procedure 3129 requires that Notice of Sheriff's Sale be served upon any and all lienholders by first class regular mail thirty days prior to the sale. 3. A three month postponement of the Sheriff's Sale will enable Plaintiff to have the Notice of Sale served upon the additional lienholders as required. WHEREFORE, Plaintiff respectfully requests that the Sheriff's Sale of the mortgaged premises be continued to DECEMBER 6. 2006, Respectfully Submitted: PHELAN HALLIN ~ DALE F. SHUGHART, for MICHELE BRADFORD, Q ATIORNEY FOR PLAINTIF .' . . PHELAN HALLINAN & SCHMIEG, LLP By: MICHELE BRADFORD, ESQUIRE IDENTIFICATION NO, 69849 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION vs. JOSHUA FULTON KARIN FULTON CUMBERLAND COUNTY No.: 05-3337 CIVIL TERM PLAINTIFF'S MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 3129.3 provides for the postponement of a Sheriffs Sale of real property by special Order of Court. In the case sub judicia, a Sheriffs Sale of the mortgaged premises has been scheduled for SEPTEMBER 6. 2006. However a three month postponement is required to enable the Plaintiff to comply with the Pennsylvania Rules of Civil Procedure 3129. Inasmuch as the postponement will inure to the benefit of the Defendant, Defendant will not be irUured by the granting ofthe relief requested, Accordingly, Plaintiff respectfully requests a postponement of the Sheriff's Sale of the mortgaged premises to the DECEMBER 6. 2006 sale. DALE F. SHUGHART, J , MICHELE BRADFORD, E ATTORNEY FOR PLAINTIFF for . , VERIFICATION Michele Bradford, Esquire, hereby states that she is the attorney for the plaintiff in this action, that she is authorized to take this verification, and that the statements made in the foregoing Motion for Postponement of Sheriffs Sale are true and correct to the best of her knowledge, information and belief. The undersigned also understands that this statement herein is made subject to the penalties of 18 Pa, Sec, 4904 relating to unsworn falsification to auth5i Date: Seotember 5. 2006 DALE F. SHUGHART, ., ESQ MICHELE BRADFORD, ESQU ATTORNEY FOR PLAINTIFF , . . . PHELAN HALLINAN & SCHMIEG, LLP By: MICHELE BRADFORD, ESQUIRE IDENTIFICATION NO. 69849 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. vs. JOSHUA FULTON KARIN FULTON ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No.: 05-3337 CIVIL TERM CERTIFICATION OF SERVICE I, MICHELE BRADFORD, hereby certify that a copy of the Motion for Postponement of Sheriffs Sale has been sent to the individuals indicated below on September 5. 2006. JOSHUA FULTON KARIN FULTON 102 SECOND STREET NEWBURG, PA 17240 for (") ....' ~ <"-" ?:: <".:J CT' ""t.1ef: v> S:!..,., P"'\{'" r1 nlF -0 ,: I -am TIC (/j <J1 (J;C, "< r~;. (:'. ::;J .;.f, t~~ -0 (~~,~ ~ 1'Srn N :::..< ~ .. ~ 0 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. '7 SEP 0 5 lOOG COURT OF COMMON PLEAS r " CIVIL DIVISION vs. JOSHUA FULTON KARIN FULTON CUMBERLAND COUNTY No.: 05-3337 CIVIL TERM ORDER AND NOW, thiS~ day of ~ ,2006, after consideration of Plaintiff's Motion to Postpone Sheriff's Sale of the mortgaged property, it is hereby ORDERED that the said sale is extended to the regularly scheduled CUMBERLAND County Sheriff's Sale dated DECEMBER 6. 2006. No further advertising or additional notice er or defendants is required. J. c,r-,s-(){, C. t'Le~ ~ ~ ViNViYV S:\!iFJd I ''In:y, ,",' ""''^'n'" I\...l...!\i, ".' , ' ; . r",' 'H V SZ :2 Hd S- d3S gOUZ IllV"""" 'I"" :JHI-lO AQ j.U;\t)r':~C;tro fiJi .- J::)l::HO-(l::nH " ", ..., AFFIDA vrr OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. JOSHUA FULTON KAlUN FULTON aJkJa KARIN LYNN OLIVER CUMBERLAND COUNlY PMB No. 05-3337 CML TERM DEFENDANT(S) ACCT. #63621958 SERVE JOSHUA FULTON AT 102 SECOND STREET NEWBURG, PA 17240 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 7, 2006 SERVED &rvedandmadeknownto '\';('~II'" r.Ji-"", ,Defendant,ootbe 1'(';-;' at 1./:3~ ,o'clock "'.m, at '140. SUf~l .9-, JJtr.Jbu'j fJ.f} IIJ.'IO of Pennsylvania, in the manner described below: <Iayof h.J,r';~~Y, 2ook. . Commonweal1h Defendant personally served. ()( Adult family member with whom Defendant(s) reside(s). Name and Relationship is i.J IN. Adult in cbarge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or per.lOD in charge ofDefendanl(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age~ Height ~ Weight ..t.lil- Race ..u>L- Sex..E....- Other I, . ~,s.... € l1;s . a c~tentadult. being duly sworn according to law, depose and state that 1 personally handed a true and correct copy of the Notice of Sheriff's Sale in the mamer as set forth herein, issued in the captioned case on the date and at the address indicated above. NOT SERVED , 2oo~ at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vaeant I" Attempt: / / Time: 2ad Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of .200_. Notary: By: Attornev for Plalatiff Daniel G. Schmieg, Esquire -I.D. No. 61205 --"L ~l 'Iv ~ -u~0 t;J ',:~'" i 1,,-::::' ~~.~'~ :z ~. -<:. r-' g "" (f> rn -0 \ <5' .," " ~ :1,,,,, tn~ -o:rr:, ~J::JC} ';"'-" l ',_.' r' .' ~~tr:8, ~5~ \, -\ Y ~ :pi>' ~ - - w en A, AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF MORTGAGE ELECfRONIC REGISTRATION SYSTEMS, INC. PMB No. 05-3337 CIVIL TERM DEFENDANT(S) JOSHUA FULTON ACCT. #63621958 KARIN FULTON a1kIa KARIN LYNN OUVER SERVE KARIN FULTON a1kIa KARIN LYNN OUVERAT 101 SECOND STREET NEWBURG, PA 17140 Type of Action - Notice of SberifPs Sale Sale Date: JUNE 7, 2006 SERVED Served and made known to kM;1I (J!-IHI. . Defendant, on the It{ .fj, 'S.f-" h..... PA, n~<f() ,200./1;, at t;:.?O . o'clockE-.m, at loll. 5!=->d. I 1""'" 5 day of t~l,rlJ"'j , Commonwealth of Pennsylvania, in the manner dcscribed below: LDefendant personally served. Adult fiunily member with whom Defendant(s) reside(s). Name and Relationship is Adult in cbaIge of Defendant(s)'s residence wbo refused to give name or relationship. Manager/Clerk: of place oflodging in whicb Defendant(s) reside(s). Agent or person in cbarge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age~ Heightr'?,1 WeightLLL, Race~SexL- Otherc,,4;", I..-J6 r"", !Zit:.. . a competent adult, being duly sworn according to law, depose and state that I personally banded a true and correct copy of the Notice ofSberiff's Sale in the manner as set forth berein, issued in the captioned case on the date and at the address indicated above. NOT SERVED On Ibe day of .200-, at o'clock _.m, Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1" Attempt: I I Time: 2" Attempt: I I Time: 3rd Attempt: I I Time: Sworn to and subscribed before me Ibis _ day of ,200_. Notary: By: Attornev for PIaIntIfJ Dallle! G. Sebmieg, Esquire -I.D. No. 62205 /V l( to (':\ ~-:; ~:'., -r!"""': c:t, \-'~ "--:;;-, ~.;; t~ r'~; ~ "'-- .,.' , >', ;- 3c;(': :Z :2 .-~ c.o> ,:::::,> (~... (/'l C'-j -;:J , 0' P'" ~--", ..... - - o 41 ~-n ,-n,-- -,,,\T1 -,()l.,-) 'J~? 1?~ :~{ ~ ,~, <Y' SALE DATE: DECEMBER 6, 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. No.: 05-3337 CIVIL TERM 1"<> \.-:=' '-~ r;.:,-..... VS. ) ~,..\.,.- w JOAHUA FULTON KARIN FULTON AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE C'" .;:'" ( ~~'-~ ...,.... ~::~ c' Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 102 SECOND STREET, NEWBURG, PA 17240. As required by Pa. R.c.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3l29.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Amended Affidavit No.2 on the date indicated, and a copy ofthe notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the u.s. Postal Service is attached for each notice. 1TcvvJ 1 ~~ DANIEL SCHMIEG, ESQU Attorney for Plaintiff November 6, 2006 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION JOSHUA FULTON KARIN FULTON a/k/a KARIN LYNN OLIVER NO. 05-3337 CIVIL TERM Defendant(s ). AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) 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 ,102 SECOND STREET, NEWBURG, PA 17240. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOSHUA FULTON 102 SECOND STREET NEWBURG, P A 17240 KARIN FULTON a/k/a KARIN LYNN OLIVER 102 SECOND STREET NEWBURG, P A 17240 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) US TREASURY DEPARTMENT 14350 UPPER EDGEMONT ROAD W A YNESBORO, P A 17268 US TREASURY DEPARTMENT FEDERAL BUILDING PITTSBURGH, PA 15201 PA DEPT. OF REVENUE BUREAU OF COMPLIANCE CLEARANCE SUPPORT SECTION A TTN: SHERIFF SALES DEPT. 281230 HARRISBURG, PA 17128-1230 INTERNAL REVENUE SERVICE FEDERA TED INVESTORS TOWER 1001 LIBERTY AVENUE 13TH FLOOR, SUITE 1300 PITTSBURGH, P A 15222 UNITED STATES DEPT. OF JUSTICE U.S. ATTORNEY - MDDLE DlST OF PA ATTN: MARY CATHERINE FRYE, ESQ. ASSIST ANT U.S. ATTORNEY FEDERAL BUILDING 228 WALNUT STREET PO BOX 11754 HARRISBURG, PA 17108 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 102 SECOND STREET NEWBURG, P A 17240 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 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 of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. November 6, 2006 DATE ,p~1~ DANIEL G. 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'Z d q >-i -< >-i ., tn~~~;;1~~S~~ ~~ ~ ~~~~~~~~~~i ~~ l 0~-<~ =~~~=~~" J loQ ? n txl "I; ~ '!I!}to1 IoQ .9 -< :>- sa ~ ~ :>- b '" ~':>- ill ..,; j .- ~ ~ ~ ~ oh:r~ ~-a $ ':'-~-~1. i~~~ir~rJ)t;ts1S~ ~~ ..., Ql)~g s~~~ ~ Ql)~ ~ ~ ;!~ ~ ;s ~ ~ txl ts1 ~ ~ ~:l i; ~ d a ~ i S;"Q~8,g' ~ 0 i ~~c= g~~n ~ $ =~~ 5~i~'~ ~ .t!~o ~~l'" ~ ~ ~ 0'""= ~""tn F ~ t:d ~ Z <~ to 0 'c::l O>o1~ >~eQ 2 ~ x~~ ~~~('"J 0 s: SS/le ~o"C~ ~ ~~o ~~>~ >01 M~ as> ~ ~e ~N~ ;.0- ~~ t>1t~ l;;1 ><~ .,:: Uoo o oe:'. "%1 ~ ~ 0 ~ ~ (') ~ S '2 Ii il if '2 a .. o ,. ~. IlO . @l!'~~~ . 2 Il'r" ~"'1:.'..==u- . ";) " ......:=-'- . ""~V BO\/l/U . g~0~~1801 0 ~u~1~50 . MAIleD FROM ZIP"'^OE 2006 .,.., 19103 ~..-oloQ ~~~t:l:I Ill-l ~ Q,c;..c~S "' Q " - t:r= -g.. ::I = ~'~Q~ ~~~t'" >~~t'" _;:1=1""\ \C"....z 'e~~~- fg'f/i> e.a.rJ) ~Illn >>=~ a~3 . III ~ g.~.. .? ~ ::;: "' ... .... c:::. c:::. ." I "t1 It 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 Sh~riffs Deed in which Joshua Fulton & karin & Karin Lynn Oliver is the grantee the same having been sold to said grantee on the 6th day ofDec A,D., 2006, under and by virtue of a writ Execution issued on the 31st day of Jan, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 3337, at the suit ofMtg Elec Reg Systems Inc against Joshua Fulton & Karin aka Karin Lynn Oliver is duly recorded in Deed Book No. 278, Page 2297. c V-, \ v-l \N 'o.N ...J IN TESTIMONY WHEREOF, I have hereunto set my hand /9--tt:: (;l CtO 7 eal of said office this day of Mortgage Electronic Registration Systems, Inc. VS Joshua Fulton and Karin Fulton a/kJa Karin Lynn Oliver In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-3337 Civil Term Douglas Ruzanski, Deputy Sheriff, who being duly sworn according to law, states that on February 25,2006 at 11 :25 o'clock AM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Joshua Fulton and Karin Fulton a/kJa Karin Lynn Oliver, by making known unto Karin Fulton a/kJa Karin Lynn Oliver, personally and wife of Joshua Fulton, at 102 Second Street, Newburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 12,2006 at 1 :42 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 Joshua Fulton and Karin Fulton a/kJa Karin Lynn Oliver located at 102 Second 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 ofthe pendency ofthe action to the within named defendants, to wit: Joshua Fulton and Karin Fulton a/kJa Karin Lynn Oliver by regular mail to their last known address of 102 Second Street, Newburg, P A 17240. These letters were mailed under the date of April 06, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 06,2006 at 10:00 o'clock A.M. He sold the same for the sum of$1.00 to Daniel Schmieg for Bank of New York as Trustee for the Certificate Holders CW ABS, Inc., Asset- Backed Cerificates, Series 2004-6. It being the highest bid and best price received for the same, Bank of New York as Trustee for the Certificate Holders CW ABS, Inc., Asset-Backed Cerificates, Series 2004-6 of7105 Corporate Drive, PIano, TX 75024, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$991.28. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library $30.00 19.43 15.00 15.00 30.00 10.00 .50 Prothonotary Mileage Certified Mail Levy Surcharge Postpone Sale Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 1.00 35.20 9.28 15.00 30.00 40.00 359.00 297.80 19.57 25.00 39.50 $ 991.28 SO~p~ /', . R. Thomas Kline, Sheriff I j -\'\)~ \'~ o~ \ Mec oJ,IV 00 .L '?O. /0 .p I. '.> q 61D9- oy I e,'Y... '* I g~ ~1 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. I CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DMSION JOSHUA FULTON KARIN FULTON a!kJa KARIN LYNN OLIVER NO. 05-3337 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) 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 .102 SECOND 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) JOSHUA FULTON 102 SECOND STREET NEWBURG, P A 17240 KARIN FULTON a/k1a KARIN LYNN OLIVER 102 SECOND STREET NEWBURG, P A 17240 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 102 SECOND STREET NEWBURG, P A 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. January 30.2006 DATE tJ~JiJ~ DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff , MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, Plaintiff, CUMBERLAND COUNTY No. 05-3337 CIVIL TERM v. JOSHUA FULTON KARIN FULTON alkIa KARIN LYNN OLIVER Defendant(s ). January 30,2006 TO: JOSHUA FULTON 102 SECOND STREET NEWBURG, P A 17240 KARIN FULTON a!kIa KARIN LYNN OLIVER 102 SECOND STREET NEWBURG, P A 17240 --THIS FIRM IS A DEBT COLLECTOR AITEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WIll BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN AITEMPT TO COllECT A DEBT, BUT ONLY ENFORCEMENT OF A UEN AGAINST PROPERTY. ** Your house (real estate) at .102 SECOND STREET. NEWBURG. PA 17240. is scheduled to be sold at the Sheriffs Sale on JUNE 7.2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of$105.527,92 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 TillS 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 Sheriff's 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 TIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale, The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ~';;i: , .. wal Descriptio.: (As $'ow. Oil Mortll.lIl1.c) ALL THE FOLLOWING TRACT OF LAND, TOGETHER WITH IMPROVEMENTS THEREO~.~RECTED, KNOWN AS 102 SECOND STREET, IN THE BOROUGH OF NEWBURG, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS; 8EG1NNING AT AN IRON PIN SET AT THE BUILDING CORNER OF A TWO-STORY BRICK HOUSE ON WATER STREET IN THE BOROUGH OF NEWBURG, CUMBERLAND COUNTY, PENNSYLVANIA; THENCE ALONG THE EDGE OF WATER STREET, SOUTH 16 DEGREES 10 MINUTES S9 SECONDS EAST 169.00 FEET TO AN IRON PIN SET AT THE NORHTERN EDGE OF AN EXISTING 11 FOOT ALLEY; THENCE ALONG THE NORTHERN EDGE OF SAID ALLEY, SOUTH 73 DEGREES SS MINUTES 2S SECONDS WEST, 86,15 FEET TO AN EXISTING IRON PIN AT LANDS NOW OR FORMERLY OF GLENN S, MINICK; TH[NCE ALONG SAID LANDS NOW OR FORMERL V OF GLENN S. MINICK AND CONTINUING ALONG LANDS NOW OR FORMERLY OF THE NEWBURG UNITED METHODIST CHURCH. KNOWN AS LOT NO.2 ON THE HEREINAFTER DESCRIBED SUBDIVISION PLAN. NORTH t7 DEGREES 39 MINUTES 30 SECONDS WEST. 168.88 FEET TO AN IRON J>IN SET AT THE SOUTHERN EDGE OF SECOND STREET, IN THE AFORESAID BOROUGH AND COUNTY; THENCE ALONG SAID SECOND STREET, NORTH 73 DEGREES 48 MINUTES 24 SECONDS EAST. 90.94 fEET TO AN IRON PIN, THE PLACE OF BEGINNING. .' i . 1 Vestlat laformation: Vestedby: Warradty Dee4 dated 6/4104. given by Robert W. Herlt ..d Naney C. Herlt, husband and wire to Joshua A. Fulton and ~1OO..h~.04 alld wife recorded 6116104 in Book.: 1631'age 1807 --- PARCEL# 24-21-0390 PREMISES BEING: 102 SECOND STREET, NEWBURG, PA 17240 WRIT OF EXECUTION and/or ATTACHMENT / COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3337 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 JOSHUA FULTON, KARIN FULTON AlK/A KARIN LYNN OLIVER (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $105,527.92 LL $.50 Interest FROM 1/24/06 TO 6/7/06 (PER DIEM - $17.35) - $2,324.90 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $142.00 Other Costs Plaintiff Paid Date: JANUARY 31,2006 (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 45 On February 17, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Newburg Borough, Cumberland County, P A Known and numbered as 102 Second Street, Newburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 17,2006 By: cj~~ Real Estate Sergeant bO :b 'V l- 93j QOOl V'd 'A1MOOJ ONVlt138WnJ .:f:H~3HS 3Hl jO 3JI.:l.:JO . ~ t;j;J c::::::J G=e) Giii . j ~., ..,- THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of April and the 3rd day(s) of May 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy S ALE #45 NOTARY PUBLIC My commission expires June 6, 2006 ~ , .1' .. CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ~ ., . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: April?, 14,21,2006 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. 2:.- SWORN TO AND SUBSCRIBED before me this 21 day of April. 2006 ..SEAL LOIS 1:. .~.)VOER, Notary Public Ca'lis!G BOlO, CUlnbe"':~nd County My Corr:missk1f\ !:)(p,res March 5, 2009 REAL ESTATE SALE NO. 4& Writ No. 2005-3337 CMl Mortgage Electronic Registration Systems, Inc. vs. Joshua Fulton and Karin Fulton a/k/a Karin Lynn Oliver Atty.: Daniel Schmieg Legal Description: (As shown on Mortgage) ALL THE FOLLOWING tract of land, together with improvements thereon erected, known as 102 Sec- ond Street, in the Borough of New- burg, Cumberland County, Pennsyl- vania, bounded and described as follows: BEGINNING at an iron pin set at the building comer of a two-story brick house on Water Street in the Borough of Newburg, Cumberland County. Pennsylvania; Thence along the edge of Water Street. South 16 degrees 10 minutes 59 seconds East 169.00 feet to an iron pin set at the northern edge of an existing 12 foot alley; Thence along the northern edge of said alley. South 73 degrees 55 minutes 25 seconds Wcat. 86.15 feet to an existing iron pin at lands now or formerly of Glenn S. Minick; Thence along said lands now or formerly of Glenn S. Minick and continuing along lands now or formerly of the Newburg United Methodist Church. known as Lot No. 2 on the hereinafter de- scribed subdivision plan, North 17 degrees 39 minutes 30 seconds West, 168.88 feet to an iron pin set at the southern edge of Second Street, in the aforesaid borough and county; Thence along said Second Street, North 73 degrees 48 min- utes 24 seconds East, 90.94 feet to an iron pin, the place of begin- ning, Vesting Information: Vested by: Warranty Deed dated 6/4/04, given by Robert W. Refit and Nancy C. Herit, husband and wife to Joshua A Fulton and Karin Fulton, husband and wife recorded 6/16/04 in Book: 263 Page 2807. PARCEL # 24-21-0390. PREMISES BEING: 102 SEC- OND STREET, NEWBURG. PA 17240. Ie l If . -........~ PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG, ESQUIRE ATTY. I.D. NO. 12248 ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 A TIORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Mortgage Electronic Registration Systems, Inc. Plaintiff vs. County: Cumberland Filed: June 30, 2005 No. 05-3337 Civil Term Joshua A. Futlon Karin Fulton, AIKJ A Karin Lynn Oliver Defendants STIPULATION It is hereby stipulated and agreed by and between counsel for Plaintiff, and The United States of America, as follows: 1. That the premises known as 102 Second Street, Newburg, P A , is owned by Joshua A. Futlon and Karin Fulton, NKlA Karin Lynn Oliver. 2. That on 06/04/2004 Defendants, Joshua A. Futlon and Karin Fulton, AlKJA Karin Lynn Oliver made, executed, and delivered a Mortgage upon the premises, which mortgage is recorded in the Office for the Recorder of Deeds of Cumberland County in Mortgage Book 1869, Page 4458, which mortgage was subsequently assigned to Plaintiff. Said Mortgage is attached hereto and marked as Exhibit "A". 3. That Plaintiff filed an action in mortgage foreclosure against the defendant on June 30, 2005 a true and correct copy of which is attached hereto and marked as Exhibit "B". 4. That Plaintiff has subsequently discovered that the premises is encumbered by a Federal Tax Lien as set forth in the true and correct copy of the Notice of Federal Tax Lien attached hereto and marked as Exhibit "C". 5. That the Federal Tax Lien as set forth in Exhibit "C" is junior to plaintiffs mortgage. '" \ ..j .... '.J/'''' 6. That the Complaint is hereby amended nunc pro tunc to reflect the Federal Tax Lien as set forth in Exhibit "C" as required by 28 U.S.C. Section 2410 (b) and that the United States of America is made a defendant herein pursuant to 28 U.S.C. Section 2410. 7. That The United States of America is not indebted to the plaintiff. 8. That The United States of America agrees to service of the complaint, as herein amended, and entry of this action of judgment in favor of the Plaintiff and against The United States of America for foreclosure and sale of the mortgage premises. 9. That the premises shall be sold at ajudicial sale notice of which will be provided to the United States of America in compliance with Pennsylvania Rule of Civil Procedure, Rule 3129.2. 10. That the judicial sale of said premises shall discharge the federal lien referred to in Exhibit "C". 11. That the proceeds of the sale shall be divided and distributed as the parties may be entitled. 12. That the United States of America preserves its right of redemption as provided in 28, U.S.C. Section 24IO(c). 13. That the parties to this Stipulation shall bear their own respective costs in this proceeding. Respectfully submitted, Thomas A. Marino, United States Attorney Date:~ By: ~~a.s~ Melissa Swauger, Assistant United States Attorney Attorney for United States of America Date:~ By: Daniel G. Schmieg, Es One Penn Center 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19102 Attorney for Plaintiff File No: 118499 (') c: ~ -u OJ ,1'1.1',-, ~.(~ <!) ,', ,.; ""- 1~ /'/ ?;~-) );>' c: -z =< ~ '5 .." g - ()'l ~ ~.,., ~h; -0 t:i ()C; .:-j ..,..- :r:: -t{ 05 Z\'11 9 ~ ~ '9 o c.,.:J