Loading...
HomeMy WebLinkAbout05-3880 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19]03 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. C) 5'- 3"680 (y"'!/ v. CUMBERLAND COUNTY DONNAJEAN C. SZUKALSKI NKJA DONNA SZUKALSKI NKJ A DONNA-JEAN SZUKALSKI 39 WEST KELLER STREET MECHANICSBURG, P A 17055 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 PROVlDE YOU WITH INFORMA nON 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 Fik#: 119673 File#: 11%73 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU 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 ESTATE. I. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HaRSHAM, PA 19044-0969 2. The name(s) and last known address(es) of the Defendant(s) are: DONNAJEAN C. SZUKALSKI 39 WEST KELLER STREET MECHANICSBURG, P A 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 07/25/2003 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: 1826, Page: 3277. 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 04/0 I /2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. FiJe#: 119673 6. The following amounts are due on the mortgage: Principal Balance Interest 03/01/2005 through 07/28/2005 (Per Diem $18.59) Attorney's Fees Cumulative Late Charges 07/25/2003 to 07/28/2005 Cost of Suit and Title Search Subtotal $115,512.49 2,788.50 1,250.00 102.63 $ 550.00 $ 120,203.62 Escrow Credit Deficit Subtotal - 207.89 0.00 $- 207.89 TOTAL $ 119,995.73 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 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 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 119,995,.73, together with interest from 07/28/2005 at the rate of$18.59 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. PH~LLI~AN & SCH~1J0d . _~,S-~/~ By: Is/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Flldl: 119673 LEGAL DESCRIPTION ALL THAT CERTAIN tract orparceJ of land and premises, situate, lying and being in the Borough of Mechanicsburg, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: In accordance with a survey made by R & R Associates, dated August 7, 1979, as follows: BEGINNING at a point on the south side of West Keller Street, said point being the dividing line between premises now or formerly of Robert J. Eisenhour, et ux and premises herein described; thence along the southside of West Keller Street, North seventy-five (75) degrees East, thirty-five (35) feet to a comer of premises now or formerly of Robert C. Roth, et ux; thence along said premises South fifteen (15) degrees East, one hundred forty (140) feet to a point on the north side of Hill Alley (20 feet wide); thence along said alley, South seventy-five (75) degrees West, thirty-five (35) feet to a corner of premises now or formerly of Robert 1. Eisenhour, aforesaid; thence along same, North fifteen (15) degrees West, one hundred forty (140) feet to the point and place of BEGINNING. BEING known and numbered as 39 West Keller Street, Mechanicsburg, Pennsylvania. BEING the same premises which Vincent C. Gurreri and Sandra L. Dupps, husband and wife, by Deed dated June 2, 2000 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 223, Page 397, granted and conveyed unto Margaret J. Richards, single individual, Grantor herein. Parcel No. 16-24-0787-019 Fik# 119&71 VF.RIFlC:ATION 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 on 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 his 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 falsification to authorities. 0-~ ~.7--uL, 11 (~6 1'\ FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: n 'tll- (~- ~ P 0\ ~ >'\ -t: Vl '" --.. "' <;:0-.. >0 ~ ~ <;;' ~ ~ <...N l;) ~ @; ......_" 0 '~~3 .;on ;.;..f"l '_~ L--::.(\~ 1.---. \'"' _~1 {""J ,J) -- (-! --- 0'\ - SHERIFF'S RETURN - REGULAR CASE NO: 2005-03880 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS SZUKALSKI DONNAJEAN C ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SZUKALSKI DONNAJEAN C AKA DONNA SZUKALSKI A/K/A DONNA the DEFENDANT , at 2056:00 HOURS, on the 22nd day of Auqust , 2005 at JEAN SZUKALSKI 39 WEST KELLER ST MECHANICSBURG, PA 17055 by handing to DONNA SZUKALSKI 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 8.00 .00 10.00 .00 36.00 wl''Jl~~'~~':;,~;Z,:,:::~:,~'..~::; ,-. .'v'.:~, :" ,Al~:r.;~","!.~, R. Thomas Kline 08/31/2005 PHELAN HALLI ty Sheriff Sworn and Subscribed to before By: me this day of J-ooSA.D. .I r 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, V A 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-3880 DONNAJEAN C. SZUKALSKI AfKIA DONNA SZUKALSKI A1K1ADONNA-JEAN SZUKALSKI 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 DONNAJEAN C. SZUKALSKI AlK/A DONNA SZUKALSKI AlK/ADONNA-JEAN SZUKALSKI, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 7/28/05 to 10/14/05 TOTAL $119,995.73 $1,468.61 $121,464.34 I hereby certify that (I) the addresses ofthe Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. D L G. SCH Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS lNDlCATEDo, . ~ DATE ~!; ;J.CO-ii ~ ' PRO<PROTHY -- , 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, P A 19103 (711) 11i1-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY DONNAJEAN C. SZUKALSKI AIKIA DONNA SZUKALSKI AIKIA DONNA-JEAN SZUKALSKI Defendants : NO. 05-3880 TO: DONNAJEAN C. SZUKALSKI AfKIA DONNA SZUKALSKI AlK/A DONNA-JEAN SZUKALSKI 39 WEST KELLER STREET MECHANICSBURG, PAl 7055 DATE OF NOTICE: SFPTFMRFR n, 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 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 IMPORTANT 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 THA T 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 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 PIDLADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT 01<' COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-3880 DONNAJEAN C. SZUKALSKI A/KJA DONNA SZUKALSKI AlK/ADONNA-JEAN SZUKALSKI Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter. and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions ofthe Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DONNAJEAN C. SZUKALSKI A/KJA DONNA SZUKALSKI A/KJ ADONNA-JEAN SZUKALSKI is over 18 years of age and resides at , 39 WEST KELLER STREET, MECHANICSBURG, PA 17055. (c) that defendant is over 18 years of age, and resides at, 39 WEST KELLER STREET, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. .c:--- \ -l4 >, AJ (.J .-a '( II \ .\) ", 0- f ~ ~ .u ~ Os- ~ r 1t"u'oJ ',':', ,.-;; \ . c..." I ,-,', ':.., .~. .-,- ._:: l.....,-, - . (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-3880 DONNAJEAN C. SZUKALSKI AfK/A DONNA SZUKALSKI AfK/ADONNA-JEAN SZUKALSKI Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on Qd~ 200S BY~ If you have any questions concerning this matter, please contact: ~ \ G. SC M G ESQ At ey for Plaintiff NE PENN CENTER AT SUBURBAN S ION 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 --THIS FIRM IS A DEBT COLLECTOR A TIEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVlOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.-- " CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. No. 05-3880 DONNAJEAN C. SZUKALSKI AJK/A DONNA SZUKALSKI AJK/ADONNA-JEAN SZUKALSKI Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $UI,464.34 Interest from 10/14/05 to MARCH 8, 2006 (per diem -$19.97) $2,895.65 and Costs TOTAL $124,359.99 \ 400 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. c _ It'llt'l It'llt'l ~~ .... .... ~ ~~ rIl gg ~ ;;l;;l == rIlrll rIl UU ~ ~~ ~ =U < U~ Z Z ~ 0 ~ r..;:!; i ~ ~~ E:: ~ 13 u ;;l !-<!-< <--< U rIlrll ~ ~;;.. U~ ~ ~~ ~~ '" --<rIl ;2 ~ ~~ Q) ="Z Orll rIl ~ ~ --<--< .L' ~Z ~~ ~ r.. Q --<--< 1;> ~t: !-<~ oi ~~ a UrIl ;;l !-< .. !-<!-< '" ~...:- ~;;.. N ~~ rIlrll [l O!-< --<rIl ~ rIl ~~ ~~ ~ UZ ~z ~ 0- r..g (j~ ~~ 0\0\ ~ Ou :z O~ ..., ..., ~ <!-< 0 :6 ~Q '-'~ Q ~~ ~!;; ~ =.. ... U 8~ Ot; ~ ~~ ~ ~~ ~ ~= :z~ rIl ...;;l ~ U N rIl ,,., u ~ ~ ....}/) ~ ~Pl:: ~ ' g_ ::dt:>:;:; ~ ~~ I I I I ->(H) 0 :J () (J()lJ)ot.; vi j vi 0-- IQ ~f"()0 'n \ -J <l C\, -- - ~ o--i '=J", 8 3 -.:~ ~ ';;!.. ~ ~ ~ V) ~ ~ --- \~ \J '1 Jl ". .~ 3 vJ hi (1) -..J 5 Q::.' ""l. ALL THAT CERTAIN tract or parcel of land and premises. situate. lying and being in the II<>rough of Mechanicsburg. in the County of Cumberland and Commonwealth of Pennsylvania. more particularly described as follows: IN accordance witt, a survey made by R & R Associates. dated August 7. 1979, as follows: BEGINNING at a point on the Soutb side of West Keller Street. said point being the dividing line between premises now or formerly of Robert J. Eisenhour, et ux and premises herein described; thence along the Southside of West Kelter Street, North seventy-five (75) degrees East. thirty-five (35) feet to a comer of premises now or formerly of Robert C. Roth, et ux; thence along said premises South fifteen (IS) degrees East, one hundred forty (140) feet to a point on the North side of Hill Alley (20 feet wide); thence along said alley, South seventy-five (75) degrees West. thirty-five (35) (eet to a comer of premises now or (onnerly o( Robert J. Eisenhour. aforesaid; thence along same, North fifteen (IS) degrees West. one hundred (any (140) feet to the point and place of beginning. BEING known and numbered as 39 West Keller Street, Mechanicsburg, Pennsylvania. Tax Parcel #16-24-0787-019 TITLE TO SAID PREMISES [S VESTED [N Donnajean C. Sl.Ukalski by Deed from Margaret J. Richards, single person dated 7/25/2003 and recorded 7/3112003 in Deed Book 258, Page 2044. Premises: 39 West Keller Street, Mechanicsburg, P A 17055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3880 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 DONNAJEAN C. SZUKALSKI A/K/A DONNA SZUKALSKI A/K/A DONNA-JEAN SZUKALSKI (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant( s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify hirn/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $121,464.34 L.L. $.50 Interest FROM 10/14/05 TO 3/8/06 (PER DIEM - $19.97) - $2,895.65 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $II8.00 Plaintiff Paid Date: OCTOBER 25,2005 Other Costs Prothonotary (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 , . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION DONNAJEAN C. SZUKALSKI A/KIA DONNA SZUKALSKI A/K/ADONNA-JEAN SZUKALSKI NO. 05-3880 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,39 WEST KELLER STREET. MECHANICSBURG, PA 17055. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DONNAJEAN C. SZUKALSKI AlKlA DONNA SZUKALSKI AlKlADONNA- JEAN SZUKALSKI 39 WEST KELLER STREET MECHANICSBURG, PA 17055 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 .' rJ- 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 39 WEST KELLER STREET MECHANICSBURG, P A 17055 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 of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 24. 2005 DATE ,--" .--1 ^ ~(' 1\: c PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION DONNAJEAN C. SZUKALSKI A/KJA DONNA SZUKALSKI NK/ADONNA-JEAN SZUKALSKI NO. 05-3880 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. ~----~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 05-3880 v. DONNAJEAN C. SZUKALSKI AIKIA DONNA SZUKALSKI AIKIADONNA-JEAN SZUKALSKI Defendant(s). October 24, 2005 TO: DONNAJEAN C. SZUKALSKI A/KJA DONNA SZUKALSKI A/KJADONNA-JEAN SZUKALSKI 39 WEST KELLER STREET MECHANICSBURG, PA 17055 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON 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 AITEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at. 39 WEST KELLER STREET. MECHANICSBURG. PA 17055. is scheduled to be sold at the Sheriffs Sale on MARCH 8, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $121.464.34 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 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 rnuch 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 ifthe 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 ofthe money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CUMBERLAND COUNTY COURTHOUSE . I ~a.-.,......_......& ....~~. ALL THAT CERTAIN tract or parcel of land and premises. situate, lying and being in the Borough of Mechanicshurg. in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: IN accordance with a survey made by R & R Associates. dated August 7. 1979, as follows: BEGINNING at a point on the South side of West Keller Street. said poinl being the dividing line between premises now or fonnerly of Robert 1. Eisenhour, et ux and premises herein described; thence along the Southside of West Kelll:r Street. North seventy-five (15) degrees East, thirty-five (35) feet to a comer of premises now or formerly of Roben C. Roth, el ux; thence along said premises Soulb fifteen (15) degrees East, one hundred forty (140) feet to a point on the North side of Hill Alley (20 feet wide); Ibeoce along said alley. South seventy-five (75) degrees West, thirty-five (35) feel 10 a comer of premises now or formerly of Robert 1. Eisenhour, aforesaid; thence aloug same. North fifteen (15) degrees West, one hundred forty (140) feet to the point and place of beginning. BEING /mown and numbered as 39 West Keller Street. Mechanicshurg. Pennsylvania. Tax Parcel #16-24,0787-019 TITLE TO SAID PREMISES IS VESTED IN Donnajean C. Szukalski by Deed from Margaret J. Richards, single person dated 7/25/2003 and recorded 7/3112003 in Deed Book 258, Page 2044. Premises: 39 West Keller Street, Mechanicsburg, P A 17055 :'~ 1 " {-.". c "Il ... , . AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. KIO/SMC No. 05-3880 DEFENDANT(S) DONNAJEAN C. SZUKALSKI NK/A DONNA SZUKALSKI NK/ADONNA-JEAN SZUKALSKI ACCT. #0552131906 SERVE DONNAJEAN C. SZUKALSKI NK/A DONNA SZUKALSKI NK/ADONNA-JEAN SZUKALSKI AT 39 WEST KELLER STREET MECHANICSBURG, PA 17055 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 8, 2006 Served and made known to lJY\t1 at ?l; I (), O'c!OCk-p'.m., at " SERVED Cl15~ ~efendant, on the de} ,200~ , Commonwealth OfP7YIVania, in the malUler described below: Defendant personally served. Adnlt family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age --35 Height ~ 7 " Weight J.k5 Race ~ Sex L Other I, ~ I' (h ~'l.. [' K , a competent adult, being dnly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the malUler as set forth herein, issued in the captioned case on the date aud at the address indicated above. 9-- On the day of ,200_, at 0' clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: 1 1 Time: 2nd Attempt: 1 1 Time: 3rd Attempt: I 1 Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - 1.0. No. 62205 Qlo 3 \ -' ~ .-\ .-(.-"\1 f~~~:, .", (::\ _ ~ c__y , ~ {~~;\ "", ~ ..-,:::3 (:5' - O. ..<tiC". r:: -"" - - --. -\~..,. "') u' '~~ ------ -- . AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF MORTGAGE ELECfRONIC REGISTRATION SYSTEMS, INC. KIOISMC No. 05-3880 DEFENDANT(S) DONNAJEAN C. SZUKALSKI AlKfA DONNA SZUKALSKI AlKfADONNA-JEAN SZUKAI"SKI ACCT. #0552131906 SERVE DONNAJEAN C. SZUKALSKI AlKlA DONNA SZUKALSKI AIKf ADONNA-JEAN SZUKALSKI AT 39 WEST KELLER STREET MECHANICS BURG, PA 17055 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 8, 2006 OfP7ytvania, in the manner described below: 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. SERVED dls~~efendant, on the (je../- ,200~ Served and made known to 0Y\I1 at '?,; I() o'c/ock,f.m., at , Commonwealth Other: Descriptio!,: Age % Height ~ 7 "Weight1t:t5 Race ~ Sex L Other I, --.J I' m ~-L \' K , 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 Sheriff's Sale in the marmer as set forth herein, issued in the captioned case on the date and at the address indicated above. 9--- On the day of ,200_. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: / / Time: 2nd Attempt: 1 1 Time: 3rd Attempt: 1 / Time: Sworn to and subscribed before me this _ day of , 200 _' Notacy: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 /l (. 3 r:. :::1 (n (.. , {-.-., !"'" C.:. Mortgage Electronic Registration Systems, Inc. VS DonnaJean C. Szukalski a/k/a Donna Szukalski a/k/a Donna - Jean Szukalski The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-3880 Civil Term Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on December 06, 2005 at 8:02 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendant, to wit: DonnaJean C. Szukalski a/k/a Donna Szukalski a/k/a Donna - Jean Szukalski, by making known unto Donna Jean Szukalski, personally, at 39 West Keller Street, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on January 06, 2006 at 8:44 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of DonnaJean C. Szukalski a/k/a Donna Sxukalski a/k/a Donna - Jean Szukalski, located at 39 West Keller Street, Mechanicsburg, 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: DonnaJean C. Szukalski a/k/a Donna Szukalski a/k/a Donna - Jean Szukalski, by regular mail to her last known address of 39 West Keller Street, Mechanicsburg, P A 17055. This letter was mailed under the date of January 05, 2006 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriff's Costs: Docketing 30.00 Poundage 16.92 Posting Handbills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1. 00 Mileage 18.40 Certified Mail 1.95 Levy 15.00 Surcharge 20.00 \,'5'\1 Ue... '>) JY;" ~_ 176'190 Postage Law Journal Patriot News Share of Bills .78 389.00 318.20 21.30 $863.05 Sworn and subscribed to before me ThJ'.Ii! "'" of ~ ~ 2006, A.D. ~ ~ ~~ "<~ R. Thomas Kline, Sheriff BY dcdJ.{ JmJh Real Estate Sergeant I". . ., MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION DONNAJEAN C. SZUKALSKI A/KIA DONNA SZUKALSKI A/KIADONNA-JEAN SZUKALSKI NO. 05-3880 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC.. Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .39 WEST KELLER STREET. MECHANICSBURG. P A 17055 . 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DONNAJEAN C. SZUKALSKI AlKJA DONNA SZUKALSKI AlKJADONNA- JEAN SZUKALSKI 39 WEST KELLER STREET MECHANICSBURG, PA 17055 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 J .... ,.. 4. Name and address of last recorded holder of every rnortgage 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 39 WEST KELLER STREET MECHANICSBURG, PA 17055 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 ofI8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 24. 2005 DATE f, ~ . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 05-3880 v. DONNAJEAN C. SZUKALSKI A/KIA DONNA SZUKALSKI A/KIADONNA-JEAN SZUKALSKI Defendant(s). October 24, 2005 TO: DONNAJEAN C. SZUKALSKI AlKJA DONNA SZUKALSKI AlKJADONNA-JEAN SZUKALSKI 39 WEST KELLER STREET MECHANICSBURG, P A 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at. 39 WEST KELLER STREET. MECHANICSBURG. PA 17055. is scheduled to be sold at the Sheriff's Sale on MARCH 8. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $121.464.34 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (the rnortgagee) against you. ill 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 Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You rnay also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. ._~ , You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (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 ofthe property as ifthe sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7 . You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold in the absence of a reoresentative 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 - . ~ . .' .......--...""'.. .....~~~ ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough ofMechanicsburg, in the Counly of Cumberland and Commonwealth of Pennsylvanla, more particularly described as follows: IN accordance with a survey made by R & R Associates, dated August 7, 1979, as follows: BEGINNING at a poilU on the South side of West Keller Street, said point being the dividing line between premises now or fonnerly of Robert 1. Eisenb.our, et ux and premises herein described; theuce along the Soutbside of West Kelll:r Street, North sevenly-five (75) degrees East, tbirty-five (35) feet 10 a corner of premises IlOW or fonnerly of Robert C. Roth, et nx; thence along said premises South fifteen (IS) degrees East, one hundred forty (140) feet 10 a point on the North side of Hill Alley (20 feet wide); theuce along said alley, South sevenly-five (75) degrees West, tbirty-five (35) feet 10 a corner of premises now or formerly of Robert 1. Eisenhour, aforesaid; thence along same, North fifteen (IS) degrees West, one hundred forty (140) feet 10 the poilU and place of beginning. BEING known and numbered as 39 West Keller Street, Mechanicsburg, Pennsylvania. Tax Parcel #16-24-0787-019 TITLE TO SAID PREMISES IS Vtl:>UlU IN DolUl8jean C. Szukalski by Deed from Margaret J. Richards, single person dated 712S11JXJ3 and recorded 7/3111ro3 in Deed Book: 258, Page 2044. Premises: 39 West Keller Street, Mechanicsburg, PA 17055 .' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3880 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 DONNAJEAN C. SZUKALSKI AlKJA DONNA SZUKALSKI AlKJA DONNA-JEAN SZUKALSKI (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 GARNlSHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $121,464.34 L.L. $.50 Interest FROM 10/14/05 TO 3/8/06 (PER DIEM - $19.97) - $2,895.65 AND COSTS Arty's Comm % Due Prothy $1.00 Arty Paid $118.00 Other Costs Plaintiff Paid Date: OCTOBER 25, 2005 (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SillTE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 THfl~"" ~~-~~,~ -~~~- , -'I 1l~-' tJ ",< ,J....,.,; ',~" -, .. ~ ~v "_"~ -.............;.>" _I -, .' - r.....c '"'';) r....,i,,~, - ~,; ,',;:L., .y. " ~ ,," l~ . 3:~~Tj !.~~.t:l ~<<;'; ..>t _ ,_' :,""""';,.;.r Lce:; i:'-~:;i, L.;:;,~ i f~t:i. Tiill\ e::!~:"1 ~', ~ ~.p /,.1. PratlwrJ3tail' ~ ~'..~ rJd ---- ~ ~ ~ Real Estate Sale # 0 1 On November 7, 200S the Sherifflevied upon the defendant's interest in the real property situated in Borough of Mechanicsburg, Cumberland County, P A Known and numbered as 39 West Keller Street, Mechanicbsurg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 1.2Q(>S: , ""..:~~.,' t>""".l/:'.~" By: JDcL.,~ ,j Real Estate Sergeant OS :11 V Z- WN SOul jj\~f3:.)~~\'" '.I ~, " <8 q;;) ~ ~ V\lil ,- . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Corrunonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the 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 24th and 31st day(s) of January and the 7th day(s) of February 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 #1 .. CUMBERLAND COUNTY SHERIFFS 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. 1.1784 STATE 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: January 20,27, February 3, 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 ofpublicatio are true. SWORN TO AND SUBSCRIBED before me this 3 day of February, 2006 ~~::L.d::& "'r -' j\:;.)'- i ':::{\:..- ~;[J'.L 0: ,_ -- ~ U":;l':~ ;:~,_\:()tH}I PUt'I\IC I ~ C(}:',;:;::~ ':-:,1))'-', (~ufiibpr!2Jld COtint\:, - L~::~:~:::;,j,~~_,,~~~"."~:~~~::3~~;::~),,-'1 -. IIlfrA:rs IlAI& ltO. 1 Writ No. 2005-3880 CMI Mortgage Electronic Registration Systems. Inc. vs. DonnaJean C. SzukalskJ a/k/a Donna SzukalskJ a/k/a Donna- Jean Szukalskl Atty.: Daniel Schmieg DESCRIPTION AlL TIlAT CERTAIN tract or par- cel of land and premises. situate. lying and being In the Borough of Mechanicsburg, 1n the County of Cumberland and Commonwealth of Pennsylvania. more particularly de- scrtbed as follows: IN accordance with a survey made by R & R Associates. dated August 7. 1979. as follows: BEGINNING at a point on the South _ 01'_ Keller Street. said , point being the dlvtdlng line between premises now or formerly of Robert J. Eisenhour, et UK and pre:rnlses herein described; thence along the Southslde of West Keller Street. North seventy-Ilve (75) degrees East. thlrty'llve (35) feet to a corner of premises now or formerly of Robert C. Roth, et ux; thence along said premises South fifteen (15) degrees East. one hundred forty (I40) feet to a point on the North side of Hill Alley (20 feet wide): thence along said alley. South seventy-five (75) de- grees West. thlrty-Ilve (35) feet to a comer of premises now or formerly of Robert J. Eisenhour. aforesaid; thence along same. North fifteen (15) degrees West. one hundred forty (140) feet to the point and place of beginning. BEING known and numbered as 39 West Keller Street. Mechanlcs- burg. Pennsylvania. Tax Parcel #16-24-0787-019. TITLE TO SAID PREMISES IS VESTED IN Donna Jean C. Szukalskl by Deed from Margaret J. Richards. single person dated 7/25/2003 and recorded 7{31{2oo3 In Deed Book 258. Page 2044. Premises: 39 West Keller Street. Mechanlcsburg. PA 17055.