HomeMy WebLinkAbout05-5073
PHELAN HALLINAN & SCHMIEG, LLP
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000
CITIFINANCIAL MORTGAGE COMPANY, INC.,
FIKIA ASSOCIATES HOME EQUITY CONSUMER
DISCOUNT COMPANY, INC.
8333 RIDGE POINT DRIVE
IRVING, TX 75063
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
C{0~L~r
Plaintiff
NO. 05 -So7l
v.
CUMBERLAND COUNTY
STEVEN E. TRACE
WENDY J. TRACE
297 BONNYBROOK ROAD
CARLISLE, P A 17013
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
LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU
WITH INFORM A nON ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
(800)990-9108
File #: 73406
File #: 73406
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM
THIS OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION
PRACTICES ACT, 15 U,S.c. ~ 1692 et seq. (1977),
DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE
DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S)
DO SO IN WRITING WITHIN THIRTY (30) DAYS OF
RECEIPT OF THIS PLEADING, COUNSEL FOR
PLAINTIFF WILL OBTAIN AND PROVIDE
DEFENDANT(S) WITH WRITTEN VERIFICATION
THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED
TO BE VALID. LIKEWISE, IF REQUESTED WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING,
COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S)
THE NAME AND ADDRESS OF THE ORIGINAL
CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL
THE END OF THE THIRTY (30) DAY PERIOD
FOLLOWING FIRST CONTACT WITH YOU BEFORE
SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH
THE LAW PROVIDES THAT YOUR ANSWER TO THIS
COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN
TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION
OF THAT TIME. FURTHERMORE, NO REQUEST WILL
BE MADE TO THE COURT FOR A JUDGMENT UNTIL
THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU
HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF
YOU REQUEST PROOF OF THE DEBT OR THE NAME
AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN
THE THIRTY (30) DAY PERIOD THAT BEGINS UPON
YOUR RECEIPT OF THIS COMPLAINT, THE LAW
REQUIRES US TO CEASE OUR EFFORTS (THROUGH
LITIGATION OR OTHERWISE) TO COLLECT THE DEBT
UNTIL WE MAIL THE REQUESTED INFORMATION TO
YOU. YOU SHOULD CONSULT AN ATTORNEY FOR
ADVICE CONCERNING YOUR RIGHTS AND
OBLIGATIONS IN THIS SUIT.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A
DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT
A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON
REAL ESTATE.
1. Plaintiff is
CITIFINANCIAL MORTGAGE COMPANY, INC.,
F/K/A ASSOCIATES HOME EQUITY CONSUMER
DISCOUNT COMPANY, INC.
8333 RIDGE POINT DRIVE
IRVING, TX 75063
2. The name(s) and last known addressees) of the Defendant(s) are:
STEVEN E. TRACE
WENDY J. TRACE
297 BONNYBROOK ROAD
CARLISLE, PA 17013
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3. On 07/25/2000 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. 1628, Page: 357.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 08/31/2004 and each month thereafter are due and unpaid, and by the terms of said
mortgage, upon failure of mortgagor to make such payments after a date specified by written
notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible
forthwith.
File #: 73406
6. The following amounts are due on the mortgage:
Principal Balance
Interest
07/31/2004 through 09/27/2005
(Per Diem $22.40)
Attorney's Fees
Cumulative Late Charges
07/31/2000 to 09/27/2005
Cost of Suit and Title Search
Subtotal
$87,256.67
9,497.60
1,250.00
0.00
$ 550.00
$ 98,554.27
Escrow
Credit
Deficit
Subtotal
0.00
0.00
$ 0.00
TOTAL
$ 98,554.27
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
$50,000.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$
98,554.27, together with interest from 09/27/2005 at the rate of $22.40 per diem to the date of Judgment,
and other costs and charges collectible under the mortgage and for the foreclosure and sale of the
mortgaged property.
PHELAN HALLINAN & SCHMIEG, LLP
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By: IslFrancis S. Hallinan
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
File #: 73406
LEGAL DESCRIPTIO~
ALL THA~ CEnTUM lot or parcel of land located in Soqth
Hlddle~ Township, C\Ullberland county, Pennsylvania, more
particularly bounded. and <ie8<:ribed all fol1owa~ to witl
BEGINNING at A point marked at the intersection of lIonnybrook
Road (T-S16) and Heiser Lane ('1'-513), thence north 35 degree. 5
lIlinuteslO 8aeonds1Nst along J!onnybrook Road, a disunce of 125
feet to an iron pin; thence north 76 degrees 19 minutes 10 8e<:OndS
eut along the boundaxy line between Lot Ii and 7, a distance of
222.'. feet to an iron pin; tbence south 25 degrees Ii -u-nutes 21
seconds ellst along the boundm:y line botwoen Lot 5 and Ii, a
distance of 1S0 feet to an iron pin; thence soutb 80 degrees 53
minutes 28 !Seconds west along Heiser Lane, a disunc:e at 186.34
feet to an iron pin, thence radius 25 feet, a di8~o Of 27.94
feet to an iron piA, the place of BEGINNING.
COI11'AIlURG 29,113.98 .quuo fGet. '1'ogether wlth ubtlnq
dwelling and imp~nu ~xeon.
eOO Lot Bo. 6 of the Plan of LOU for RayIDond ~. Diehl,
Genevieve A.. DLehl, 1lcm41d B. Diehl ad Suzanne Diehl, prepared by
Stephen 1'. Pishe', ud dated Kov'eIIbel:' 2, 1981, ~h plan 1. of
reeard at Plan Book 41, Page ".
UNDO AIm SOD.JBC'1', ~, to eUeiIl8llta, reetd.c:1:J.OIUI
and rlqhta-of-way of prl.or re<:ord.
BEING 'tHE SAME PUHISES which RaJlllOftd E. Dloh1, Donald B.
Diehl, Su.zanne Diehl and Geneveive A. Diehl, by their deed dated
April <&, 1984 and recorded in the Offic:e of tho RecOrder of Deeds
in and for Cultlberland County, PennsylvanJ.a, in Deed Book P, VolUllle
30, Page 925 9X'anted and conveyed unto John L. NOblIer and Ann H.
NeImer, JUs' wife, tM Grantora herein.
VF.RTFTCA TION
THERESA
SKINNER
hereby states that he/she ~~CRETARY
of ~ITIFINANCIAL
mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this
Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure
are true and correct to the best of his /her knowledge, information and belief. The undersigned
-
understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to
unsworn falsification to authorities.
DATE: ~ \''L I \OS
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2005-05073 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CITIFINANCIAL MORTGAGE COMPANY
VS
TRACE STEVEN E ET AL
R. Thomas Kline ,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
TRACE STEVEN E
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
, NOT FOUND , as to
the within named DEFENDANT
, TRACE STEVEN E
297 BONNYBROOK ROAD
CARLISLE, PA 17013
SHARON MCKEEHAN IS LIVING THERE.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
18.00
4.80
5.00
10.00
.00
37.80
so~.wers' ~ <~ ~
~~
R. Thomas Kline
Sheriff of Cumberland County
PHELAN HALLINAN SCHMIEG
11/07/2005
Sworn
and subscribed to before me
. ~/, ^ J I
/ ? day of / voverr.c,'.,c
this
dlIO 5"
/
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2005-05073 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CITIFINANCIAL MORTGAGE COMPANY
VS
TRACE STEVEN E ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
TRACE WENDY J
but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
, NOT FOUND , as to
the within named DEFENDANT
, TRACE WENDY J
297 BONNYBROOK ROAD
CARLISLE, PA 17013
SHARON MCKEEHAN IS LIVING AT 297 BONNYBROOK ROAD.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
6.00
.00
5.00
10.00
.00
21.00
So answers:. ./C'
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/ R. Thomas Kline
Sheriff of Cumberland County
PHELAN HALLINAN SCHMIEG
11/07/2005
Sworn and subscribed to before me
this
Iilth
day of JlhvelY'\;.JJ-
J(x)5~
~
Pratho otar .
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2005-05073 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CITIFINANCIAL MORTGAGE COMPANY
VS
TRACE STEVEN E ET AL
R. Thomas Kline ,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
TRACE WENDY J
but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
, NOT FOUND , as to
the within named DEFENDANT
, TRACE WENDY J
45 BALTIMORE STREET
CARLISLE, PA 17013
DEFENDANT IS SUPPOSED TO BE LIVING AT 45 BALTIMORE
ST, BUT IS NOT HOME TILL LATE AT NIGHT.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
6.00
4.80
5.00
10.00
.00
25.80
So answerJl.;:/-~ . . . _ // / /-
- ~~~~~:;;;;-
R. Thomas Kline
Sheriff of Cumberland County
PHELAN HALLINAN SCHMIEG
11/07/2005
Sworn and subscribed to before me
this
, ",It
/0
day of /Jovef"; ,LRr
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SHERIFF'S RETURN - REGULAR
CASE NO: 2005-05073 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CITIFINANCIAL MORTGAGE COMPANY
VS
TRACE STEVEN E ET AL
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
TRACE STEVEN E the
DEFENDANT , at 1748:00 HOURS, on the 29th day of September, 2005
at 102 MEALS DRIVE
CARLISLE, PA 17013
by handing to
STEVEN TRACE
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
4.80
.00
10.00
.00
20.80
r'
R. Thomas Kline
,~
-:r.-e'~
11/07/2005
PHELAN HALLIN
Sworn and Subscribed to before
By:
st' MI EG
,----
\
eputy Sheriff
me this
!~tL day of
(JJ(2 ~"v\~).(5-
.
PHELAN HALLINAN & SCHMIEG, LLP
LA WRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF
PHILADELPHIA, PA 19103
(2 IS) 563-7000
CITIFINANCIAL MORTGAGE COMPANY, INC., COURT OF COMMON PLEAS
F/K/A ASSOCIATES HOME EQUITY
CONSUMER DISCOUNT COMPANY, CIVIL DIVISION
INe.
Plaintiff CUMBERLAND County
vs.
STEVEN E. TRACE
WENDY J. TRACE
No. 05-5073 CIVIL TE
Defendants
PRAECIPE TO REINSTATE CIVIL ACTIONIMORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned
matter.
PHELAN HALLINAN & SCHMIEG, LLP
By: l~ 5 #~-.J~
FRANCIS S. HALLINAN, ESQUIRE
LAWRENCE T. PHELAN, ESQUIRE
DANIEL G. SCHMIEG, ESQUIRE
Attorneys for Plaintiff
Date: December 28. 2005
Ijmr, Svc Dept.
File# 73406
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SHERIFF'S RETURN - REGULAR
CASE NO: 2005-05073 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CITIFINANCIAL MORTGAGE COMPANY
VS
TRACE STEVEN E ET AL
DOUGLAS RUZANSKI
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
TRACE WENDY J
the
DEFENDANT
, at 1953:00 HOURS, on the 6th day of January
2006
at 711 BREEZEWOOD DRIVE
MECHANICSBURG, PA 17055
by handing to
WENDY J TRACE
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
11.44
.00
10.00
.00
39.44
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R. Thomas Kline
01/09/2006
PHELAN HALLINAN
/ I
Sworn and Subscribed to before By:
me this
~
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day of
A.D.
P onot y
PHELAN HALLINAN & SCHMIEG, L.L.P.
By: DANIEL G. SCHMIEG
Identification No. 62205
Attorney for Plaintiff
ONE PENN CENTER AT SUBURBAN ST AnON
1617 JOHN F. KENNEDY BLVD., smTE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
CITlFINANCIAL MORTGAGE COMPANY, INC.
F/K1A ASSOCIATESS HOME EQUITY
CONSUMER DISCOUNT COMPANY, INC.
8333 RIDGE POINT DRIVE
IRVING, TX 75063
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff,
NO. 05-5073 CIVIL TERM
v.
STEVEN E. TRACE
WENDY J. TRACE
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 STEVEN E. TRACE and
WENDY J. TRACE, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days
from service thereof and for Foreclosure and Sale ofthe mortgaged premises, and assess Plaintiffs
damages as follows:
As set forth in Complaint
Interest from 9/28/05 to 2/13/06
TOTAL
$98,554.27
$3,113.60
$101,667.87
I hereby certifY that (1) 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.
DAMAGES ARE HEREBY ASSESSED AS INDICATJ2 ~
DATE:~~ 027 ;u-x)b ~ 7
J PR OTHY
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
PIDLADELPIDA, PA 19103-1814
(215) 563-7000
CITIFINANCIAL MORTGAGE COMPANY, INC.
FIKI A ASSOCIA TESS HOME EQUITY CUMBERLAND COUNTY
CONSUMER DISCOUNT COMPANY, INC. COURT OF COMMON PLEAS
8333 RIDGE POINT DRIVE
CIVIL DIVISION
Plaintiff,
NO. 05-5073 CIVIL TERM
v.
STEVEN E. TRACE
WENDY J. TRACE
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 of the Soldiers' and Sailors' Civil Relief Act of Congress
of 1940, as amended.
(b) that defendant STEVEN E. TRACE is over 18 years of age and resides at , 102
MEALS DRIVE, CARLISLE, P A 17013 .
(c) that defendant WENDY J. TRACE is over 18 years of age, and resides at , 711
BREEZEWOOD DRIVE, MECHANICSBURG, PA 17055.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
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(Rule of Civil Procedure No. 236) - Revised
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CITIFINANCIAL MORTGAGE COMPANY, INC.
FIKIA ASSOCIATESS HOME EQUITY
CONSUMER DISCOUNT COMPANY, INC.
8333 RIDGE POINT DRIVE
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff,
NO. 05-5073 CIVIL TERM
v.
STEVEN E. TRACE
WENDY J. TRACE
Defendant(s).
Notice is given that a Judgment in the above-captioned matter has been entered against you on
'1pJ, .."2 '7 200 Ie:>
Byf0~
If you have any questions concerning this matter, please contact:
~/
DA EL G. SCH , ESQUIRE
Att<Srney for Plaintiff
,oNE PENN CENTER AT SUBURB' STATION
1617 JOHN F. KENNEDY BLVD., S ITE 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 HA VE 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."
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
CITIFINANCIAL MORTGAGE COMPANY, INC.
F/K/A ASSOCIATESS HOME EQUITY
CONSUMER DISCOUNT COMPANY, INC.
Plaintiff,
No. 05-5073 CIVIL TERM
v.
STEVEN E. TRACE
WENDY J. TRACE
Defendant(s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
$101,667.87
Interest from 2/13/06 to JUNE 7, 2006
(per diem -$16.71)
$1,904.94 and Costs
TOTAL
$103,572.81
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.
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-5073 Civil
CIVIL ACTION - LA W
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt. interest and costs due CITIFINANCIAL MORTGAGE COMPANY, INC.
F/K/A ASSOCIATESS HOME EQUITY CONSUMER DISCOUNT COMPANY INC Plaintiff (s)
From STEVEN E. TRACE
WENDY J. TRACE
(I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$101,667.87
Interest from 2/13/06 to JUNE 7, 2006
Atty's Comm %
Atty Paid $226.84
Plaintiff Paid
Date: February 27, 2006
L.L.$.50
(per diem-$16.71) $1,904.94 and Costs
Due Prothy $1.00
Other Costs
(Seal)
By:
Deputy
REQUESTING PARTY:
Name Daniel G. Schmieg, Esq.
Address: One Penn Center at Suburban Station
1617 John F. Kennedy boulevard, Suite 1400
Philadelphia, PA 19103-1814
Attorney for: Plaintiff
Telephone:
Supreme Court ID No.
PHELAN HALLINAN & SCHMIEG, L.L.P.
By: DANIEL G. SCHMIEG
Identification No. 62205
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
ATTORNEY FOR PLAINTIFF
CITIFINANCIAL MORTGAGE COMPANY, INC.
F/K1A ASSOCIATESS HOME EQUITY
CONSUMER DISCOUNT COMPANY, INC.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
CIVIL DIVISION
v.
NO. 05-5073 CIVIL TERM
STEVEN E. TRACE
WENDY J. TRACE
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.
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CITIFINANCIAL MORTGAGE COMPANY, INC.
F/KJA ASSOCIATESS HOME EQUITY
CONSUMER DISCOUNT COMPANY, INC.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
v.
CIVIL DIVISION
STEVEN E. TRACE
WENDY J. TRACE
NO. 05-5073 CIVIL TERM
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. I)
CITIFINANCIAL MORTGAGE COMPANY, INC. F/K/A ASSOCIATESS HOME EOUITY
CONSUMER DISCOUNT COMPANY. 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 ,297 BONNYBROOK ROAD.
CARLISLE, P A 17013 .
1. Name and address ofOwner(s) orreputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
STEVEN E. TRACE
102 MEALS DRIVE
CARLISLE, P A 17013
WENDY J. TRACE
711 BREEZEWOOD DRIVE
MECHANICS BURG, 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
-
..
4. Name and address oflast recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
MGIC ASSURANCE CORP.
270 EAST KILBOURN AVENUE
MILWAUKEE, WI 53202
ASSOCIATES HOME EQUITY
CONSUMER DISCOUNT CO.
5080 C. JONES TOWN ROAD
HARRISBURG, P A 17111
S. 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
297 BONNYBROOK ROAD
CARLISLE, PA 17013
Domestic Relations of Cumberland County
13 North Hanover Street
Carlisle, PA 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.
February 22. 2006
DATE
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CITlFINANCIAL MORTGAGE COMPANY, INC.
FIKIA ASSOClATESS HOME EQIDTY
CONSUMER DISCOUNT COMPANY, INC.
Plaintiff,
CUMBERLAND COUNTY
No. 05-5073 CIVIL TERM
v.
STEVEN E. TRACE
WENDY J. TRACE
Defendant(s).
February 22, 2006
TO: STEVEN E. TRACE
102 MEALS DRIVE
CARLISLE, P A 17013
WENDY J. TRACE
7II BREEZE WOOD DRIVE
MECHANICSBURG, PA 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, 297 BONNYBROOKROAD, CARLISLE, PA 17013, is
scheduled to be sold at the Sheriff's 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 $101.667.87
obtained by CITIFINANCIAL MORTGAGE COMPANY. INC. F/K1A ASSOCIATESS HOME
EOUITY CONSUMER DISCOUNT COMPANY, 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 SHERlFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
\
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. Ifthe 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 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
ALA WYER 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
.,,'
I
ALL THAT CERTAIN \<Jt or parcel of land loca1ed in South Midd1etown Township, Cumberland
County. Pennsylvania. more particularly bounded and described as follows. 10 wit:
BEGINNING at a point marked at the intersection of Bonnybrook Road (T-516) and Heiser Lane (T-
513), thence North 35 degrees 5 minutes 10 seconds West along Donnyhrook Road, a c11R\llnce of 125
feet 10 an iron pin; thence North 76 degrees 19 minutes 10 seconds Easl along the boundary line
between Lot 6 and 7. a distance of 722.94 teet 10 an iron pin; thence South 25 degrees 6 minutes 27
seconds Easl along the boundary line between Lot S and 6, a distance of 150 feet to an iron pin; thence
South 80 degrees 53 minutes 28 seconds West along Heiser Lane. a distance of 186.34 feet to an iron
pin. thence radius 25 feet. a distance of 27.94 feet 10 an iron pin. the place of beginning.
CONTAINING 29.113.98 square feet.
TOGETHER with existing dweUing and improvements lbereon.
BEING Lot No.6 of the plan of lots for Raymond E. Diehl, Genevieve A. Diehl. Donald E. Diehl and
Snzaone Diehl. prepared by Stephen F. Fisber. and dated November 2. 1981. which plan is of record
at Plan Book 41. Page 66.
Tax Parcel #40-10.0634-047
TITLE TO SAID PREMISES IS VESTED IN Steve E. Trace and Wendy J, Trace, his wife by
Deed from John L. Neimer and Ann E. Neimer. his wife. dated 4/29/1991 and recorded 4/30/1991
in Deed Book B Volume 35, Page 1035.
Premises: 297 Bonnybrook Road, Carlisle, P A 17013
{".
P~TIFF
CUMBERlAND COUNTY
ClTIFINANCIAL MORTGAGE
COMPANY, INe. FOOA ASSOClATESS
HOME EQUITY CONSUMER DISCOUNT
COMPANY, INC.
KIO
No. 05-5073 CIVIL TERM
ACCT. #652065
DEFENl)ANT(S)
STEVEN E. TRACE
WENDY J. TRACE
Type of Action
- Notice of SheriW. Sale
SERVE STEVEN E. TRACE AT
102 MEALS DRIVE
CARLISLE, PA 17013
Sale Date: JUNE 7, 2006
SERVED
Served and made known 10 <'I e LI e '" -rr .q L e. . Defendanl, on lbe
ad:)!; .0'c1ockL.m.al ,oJ- m,o(s J, C<>,,//s!e (If Odl3
!i rh
day of
fh"'rL- h
~ " .200b.,
!
. Commonwealth
of Pennsylvania, in the manner described below:
L_Defenrlanl personally served.
Adult family member wilb whom Defendant(s) reside(s). Name and Relationship is
__Adult in charge of Defendanl(s)"s residence who refused 10 give name or relationship.
___Manager/Clerk of place oflodging in which Defendanl(s) reside(s).
m_._____Agent or person in charge ofDefendant(s)'s office or usual place of business.
...__.__ an officer of said Defendant(s)'s company.
Olber:
Description:
Ageff-'If
H - h - I I,
elg t!LQ......
Weighl---LJi..i. Race .1d..- Sex ----'"lL Olber
J. )., .~ I!) I; r . a compelent adull, being duly sworn according to law, depose and state that J personally handed
a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at
lbe address indicated above.
l~otc:rV PL:J!IC NOT SERVED
State c; New Jersey
~ of . 200~ at o'clock _.m., Defendant NOT FOUND because:
C()rrmissioil Expires June 16, 2008
Moved _ Unknown _ No Answer Vacant
I" Attempt:
I
I
Time:
20' Attempt:
I
I
Time:
3rd Attempt:
I
/
Time:
Sworn to and subscnoed
before me this __ day
of . 200 _'
Notary:
By:
Attornev for Plaintiff
Daniel G. Schmieg, Esquire - J.D. No. 62205
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lAINTIFF
AFFIDAVIT OF SERVICE
CUMBERLAND COUNTY
CITIFINANCIAL MORTGAGE
COMPANY, INC. FIKIA ASSOCIATESS
HOME EQIDTY CONSUMER DISCOUNT
COMPANY, INC.
KlO
No. 05-5073 CIVIL TERM
ACCT. #652065
DEFENJ1ANT(S)
STEVEN E. TRACE
WENDY J. TRACE
Type of Action
- Notice of Sheriff's Sale
SERVf w ~;NDY J. TRACE AT
"i'! IlREEZEWOOD DRIVE
'c1FCIIANICSBURG, PA 17055
Sale Date: JUNE 7, 2006
Served ~< '1
",,,Ie known to i ^ J '-11,1 ~
.
6'11.... u
..(j__~_. o'clockL.m, at
IrClC.e
7116rl.L"".,J,'ock
SERVED
?A
day of 1,1",., h
i 7~<)<;-
,200C€ .1
. Defendant, on the ~
,t iI1u["..~, dJ'"J
t}>
,COnll1' -,tlth of Pennsylvania, in the manner described below:
1 '.'I(13ot personally served.
, II' \[ family member with whom Defendant( s) reside( s). Name and Relationship is
".,l(tll in charge ofDefendant(s)'s residence who refused to give name or relationship.
::, ';"',er/Clerk of place oflodging in which Defendant( s) reside(s).
;,t nr person in charge ofDefendant(s)'s office or usual place of business.
an officer of said Defendant(s)'s company.
, Hh~r'
Descriri:~;!l Age~ Height..i:_~/'" Weight..L.L:.... Race vJ SexL- Other
I, --.J"", ('>._ ~ J I , s . a competent adult. being duly sworn according to law, depose and state that I
persona;,!" !landed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the
captiOlwrJ . 1~e on the date and at the address indicated above.
NOT SERVED
On the ._ day of
. 200~ at
o'clock _.m., Defendant NOT FOUND because,
\.,joved Unknown
No Answer
Vacant
1st Atk1llpl:.
I
I
Time:
2nd Attempt:
I
I
Time:
3rd All"mpt:
I
I
Time:
Sworn if! aiUl subscnbed
before T"~' jl'l~, _.____ day
of_..200_.
Notary
By:
Attorney J~L~!aiDtiff
Daniel C, ':'c.'Junieg, Esquire
I.D. No. .,n05
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SALE DATE: JUNE 7.2006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CITIFlNANCIAL MORTGAGE
COMPANY, INC. F/KIA ASSOCIATESS No.: 05-5073 CIVIL TERM
HOME EQillTY CONSUMER DISCOUNT
COMPANY, INC.
vs.
STEVEN E. TRACE
WENDY J. TRACE
AFFIDAVIT PURSUANT TO RULE 3129.1
AND RETURN OF SERVICE PURSUANT TO
Pa. R.C.P. 405 OF NOTICE OF SALE
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:
297 BONNYBROOK ROAD. CARLISLE. P A 17013.
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. 3129.2(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 of the notice is attached as an Exhibit. A copy ofthe Certificate of Mailing
(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached
for each notice.
%w;) .JJ.~
DANIEL SCHMIEG, ESQ
Attorney for Plaintiff
June 2, 2006
,
.
l:lTJ..lt'INANCIAL MORTGAGE COMPANY, INC.
FIKJA ASSOCIATESS HOME EQUITY
CONSUMER DISCOUNT COMPANY, INC.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
v.
CIVIL DIVISION
STEVEN E. TRACE
WENDY J. TRACE
NO. 05-5073 CIVIL TERM
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. I)
CITIFINANCIAL MORTGAGE COMPANY. INC. FIKIA ASSOCIATESS HOME EQUITY
CONSUMER DISCOUNT COMPANY. 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 .297 BONNYBROOK ROAD.
CARLISLE. P A 17013 .
1. Name and address of Owner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
STEVEN E. TRACE
102 MEALS DRIVE
CARLISLE, P A 17013
711 BREEZEWOOD DRIVE
MECHANICSBURG, PA 17055
WENDY J. TRACE
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)
MGIC ASSURANCE CORP.
270 EAST KILBOURN AVENUE
MILWAUKEE, WI 53202
ASSOCIATES HOME EQUITY
CONSUMER DISCOUNT CO.
5080 C. JONESTOWN ROAD
HARRISBURG, P A 17111
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale,
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in
the property which may be affected by the sale:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
297 DONNYBROOK ROAD
CARLISLE, P A 17013
Domestic Relations of Cumberland County
13 North Hanover Street
Carlisle, P A 17013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
","_____.,___..._u_____._
February 22. 2006
DATE
· DArtE: .;) I r;). d- I ()b
CITIFINANCIAL MORTGAGE COMPANY, INC. FIK/A ASSOCIATESS HOME EQUITY
CONSUMER DISCOUNT COMPANY, INC.
vs.
STEVEN E. TRACE
WENDY J. TRACE
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY
OWNER(S): STEVEN E. TRACE
WENDY J. TRACE
PROPERTY: 297 DONNYBROOK ROAD
CARLISLE, P A 17013
Improvements: Residential dwelling
Judgment Amount: $101,667.87
CUMBERLAND COUNTY
NO. 05-5073 CIVIL TERM
The above-captioned property is scheduled to be sold at the Cumberland County
Sheriffs Sale on JUNE 7, 2006, at the Cumberland County Courthouse, South Hanover Street,
Carlisle, P A at 10:00 a.m..
Our records indicate that you may hold a mortgage, judgment, or other interest on the property,
which may be extinguished by the sale. You may wish to attend the sale to protect your interests. If
you have any questions regarding the type of lien or the effect of the Sheriff's Sale upon your lien, we
urge you to CONTACT YOUR OWN ATTORNEY, as we are not permitted to give you legal advice.
The Sheriff will file a schedule of Distribution on a date specified by the Sheriff not later
than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions
are filed thereto within 10 days after the filing of the schedule,
.
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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 Sheriff's Deed in which Citifinancial Mtg Co inc is the grantee the same having been sold to said
grantee on the 7th day of June A,D., 2006, under and by virtue of a writ Execution issued on the 27th
day of February, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2005
Number 5073, at the suit ofCitifinancial Mtg Co against Steven E Trace & Wendy J is duly recorded in
Deed Book No. 275, Page 1851.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and 1 of said office this d 9 -tt day of
, A.D, ct tM t
Citifinancial Mortgage Company, Inc.
f/kla Associated Home Equity Consumer
Discount Company, Inc,
VS
Steven E. Trace and Wendy J. Trace
The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2005-5073 Civil
Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that
on March 08,2006 at 02:58 o'clock PM, he served a true copy of the within Real Estate
Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the
within named defendant, to wit: Steven E. Trace, by making known unto Steven Trace,
personally, at 102 Meals Drive, Carlisle, Cumberland County, Pennsylvania, its contents
and at the same handing him the said true and correct copy of the same.
Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that
on March 16,2006 at 06:34 o'clock PM, he served a true copy of the within Real Estate
Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the
within named defendant, to wit: Wendy J. Trace, by making known unto Wendy Trace,
personally, at 711 Breezewood Drive, Mechanicsburg, Cumberland County,
Pennsylvania, its contents and at the same handing her the said true and correct copy of
the same.
William Cline, Deputy Sheriff, who being duly sworn according to law, states that
on April 06, 2006 at 7:40 o'clock P.M" he posted a true copy of the within Real Estate
Writ, Notice, Poster and Description, in the above entitled action, upon the property of
Steven E. Trace and Wendy J. Trace located at 297 Bonnybrook Road, Carlisle,
Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to the within named
defendants, to wit: Steven J. Trace and Wendy J. Trace by regular mail to their last
known addresses of 102 Meals Drive, Carlisle, PA 17013 and 711 Breezewood Drive,
Mechanicsburg, P A 17055, respectively. 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 June 07, 2006 at 10:00 o'clock A.M. He sold the same for the
sum of $1,00 to Attorney Daniel G. Schmieg for Citifinancial Mortgage Company, Inc.
f/kla Associates Home Equity Consumer Discount Company, Inc. It being the highest
bid and best price received for the same, Citifinancial Mortgage Company, Inc. f/kla
Associates Home Equity Consumer Discount Company, Inc. of 8333 Ridge Point Drive,
Irving, TX 75063, being the buyer in this execution, paid to SheriffR. Thomas Kline the
sum of$910.87.
Sheriffs Costs:
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
Law Library
Prothonotary
Mileage
Certified Mail
Levy
Surcharge
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriffs Deed
So Answers:
$30.00
17.86
15.00
15.00
30.00
10,00
.50
1.00
19.36
4.88
15.00
30.00
371. 00
267.20
19.57
25.00
39.50
$ 910.87 / ~
r~~
R. Thomas Kline, Sheriff
rf /J 8 j()v
ryYV
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CITIFINANCIAL MORTGAGE COMPANY, INC.
,
FIKIA ASSOCIATESS HOME EQUITY
CONSUMER DISCOUNT COMPANY, INC.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
v.
CIVIL DIVISION
STEVEN E. TRACE
WENDY J. TRACE
NO. 05-5073 CIVIL TERM
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No.1)
CITIFINANCIAL MORTGAGE COMPANY~ INC. F/KJA ASSOCIATESS HOME EQUITY
CONSUMER DISCOUNT COMPANY~ 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 ~297 BONNYBROOK ROAD~
CARLISLE~ P A 17013 .
1. Name and address ofOwner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
STEVEN E. TRACE
102 MEALS DRIVE
CARLISLE, P A 17013
WENDY J. TRACE
711 BREEZEWOOD DRIVE
MECHANICSBURG, P A 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
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)
MGIC ASSURANCE CORP.
270 EAST KILBOURN AVENUE
MILWAUKEE, WI 53202
ASSOCIATES HOME EQUITY
CONSUMER DISCOUNT CO.
5080 C. JONESTOWN ROAD
HARRISBURG, P A 17111
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
297 BONNYBROOK ROAD
CARLISLE, PA 17013
Domestic Relations of Cumberland County
13 North Hanover Street
Carlisle, PA 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.
February 22. 2006
DATE
~
,
CITIFINANCIAL MORTGAGE COMPANY, INC.
FIKIA ASSOCIATESS HOME EQUITY
CONSUMER DISCOUNT COMPANY, INC.
Plaintiff,
CUMBERLAND COUNTY
No. 05-5073 CIVIL TERM
v.
STEVEN E. TRACE
WENDY J. TRACE
Defendant( s).
February 22,2006
TO: STEVEN E. TRACE
102 MEALS DRIVE
CARLISLE, P A 17013
WENDY J. TRACE
711 BREEZEWOOD DRIVE
MECHANICSBURG, P A 17055
* * THIS FIRM IS A DEBT COLLECTOR AITEMPTING 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 AITEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
Your house (real estate) at ~ 297 BONNYBROOK ROAD~ CARLISLE~ P A 17013~ 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, P A 17013, to enforce the court judgment of$101~667.87
obtained by CITIFINANCIAL MORTGAGE COMPANY~ INC. F/K/A ASSOCIATESS HOME
EQUITY CONSUMER DISCOUNT COMPANY~ INC. (the mortgagee) against you. In the event the
sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
.
You may need an attorney to assert your rights, The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property,
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff, It 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
ALL THAT CERT AlN lot or parcel of land located in South Middletown Township, Cumberland
County. Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point marked at the intersection of Bonnybrook Road (T-SI6) and Heiser Lane (1'-
513). thence North 35 degrees 5 minutes 10 seconds West along Bonnybrook Road, a distmce of 125
feet to an iron pin; thence North 76 d~ 19 minutes 10 seconds EasI: along the boundary line
between Lot 6 and 1, a distance of 722.94 feet to an iron pin; thence South 25 degrees 6 minutes 27
seconds East along the boundary line between Lot 5 and 6, a distance of 150 feet to an iron pin; thence
South 80 degrees 53 minutes 28 seconds West along Heiser Lane, a distance of 186.34 feet to an iron
pin, thence radius 25 feet, a distance of 27.94 feet to an iron pin. the place of beginning.
CONTAINING 29.113.98 square feet.
TOGETHER with existing dwelling and improvements tberoon.
BEING Lot No.6 of the plan of lots for Raymond E. Diehl, Genevieve A. Diehl, Donald E. Diehl and
Suzanne Diehl, prepared by Stephen F, Fisher. and dated November 2, 1981, which plan is of record
at Plan Book 41, Page 66.
Tax Parcel #40-10-.0634-047
TITLE TO SAID PlWMISES IS VESTED IN Steve E. Trace and Wendy J. Trace, his wife by
Deed from John L. Neimer and Ann E. Neimer, his wife, dated 4f291l991 and recorded 4/30/1991
in Deed Book B Volume 35. Page 1035.
Premises: 297 Bonnybrook Road, Carlisle, PA 17013
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-5073 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CITIFINANCIAL MORTGAGE COMPANY, INC.
F/K/A ASSOCIATESS HOME EQUITY CONSUMER DISCOUNT COMPANY INC Plaintiff (s)
From STEVEN E. TRACE
WENDY J. TRACE
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$101,667,87
Interest from 2/13/06 to .JlJl'\"'E 7, 2006
Atty's Comm %
Atty Paid $226,84
Plaintiff Paid
Date: February 27, 2006
L.L.$,50
(per diem-$16.71) $1,904.94 and Costs
Due Prothy $1.00
Other Costs
(Seal)
By:
Deputy
REQUESTING PARTY:
Name Daniel G. Schmieg, Esq.
Address: One Penn Center at Suburban Station
1617 John F. Kennedy boulevard, Suite 1400
Philadelphia, PA 19103-1814
Attorney for: Plaintiff
Telephone:
Supreme Court ID No.
Real Estate Sale # 73
On March 06, 2006 the Sheriff levied upon the
defendant's interest in the real property situated in
South Middleton Township, Cumberland County, P A
filed with this writ and by this reference incorporated herein.
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Known and numbered as 297 Bonnybrook Road,
Carlisle, more fully described on Exhibit "A"
Date: March 06, 2006
By:
_J C ct~-t Vyu ( L1
Real Estate Sergeant
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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 #73
.
CUMBERLAND COUNTY SHERIFF'S OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
REAL ESTATE.... No. 73
",._. ",1m ~u , CidTerm
I~~=:~=
Consumer .DIlIcaUnt~y,
Inc.
VS
Steven E.1\'ace and Wendy J.
. TnIce
Attorney DanIId SchmIeg
DESC8IPTION
AIL TIIAT CElUAIN lot or parcel of land
located in South Middletown Township,
Cumberland County, Pamsylvania, more
particularly llouDd aud described as follows, to
wit:
BEGINNlNG at a point marked at the
intenCction of BoonybrootRoad (1'-516) and
Heiser Lane (T-5I3), tIal:eNorth 35 degrees 5
minutes 10 secoDds West aIoDg hmybroci: Road,
a distance of 125 feet to an ~ pin; thence North
76 degrees J 9 minutes 10 secoods. East along the
boundary line between Lot 6 aud 7, a dislance of
72294 feet to an _ pin; tbeate SouIh 25 degrees
6 minuIes 'l1 sec:oods But abIg' the bolmdaty line
between Lot 5l1111l6, a cIiilIIDce m i~ feet to !JIl
iron pin; tbmce south 80,~ 53 miDutes 28
secoods West aloog ~'r.aDe, a distaIlce of
18634 feet to an _ pin,dIeocc JBdius 25 feet, a
distance of 'l194 feet to an iron pin. the place of
BEGINNING.
CONTAINING 29,1 13,9hplire feet.
TOGETHER .with 'e~ dwelling . and
imp:ovanents tbenlon.
BEING Lot No. ft of the plan of lots for
Raymond E.DiehI, Geuevjeve A.Diehl, Dooald E.
Diehlllllll Suzanne Dial.,JiIIPlRdby Stephen F.
Fisber,8Dd dared~, 1981, wbich plan is
of reaxdaa PIIn Book 41 ,Page 66.
TAXPARCIlLf 4()..16-0634-047
1Tn.E ro sAID PRI!MISES is vC$d in
SIeveII E. ~._ WcmdY J. Trace, his wife by
DeellfBlm JolIn L. NeiDIIr. -- E; Naurl.
his wife. ..411911991..........413011991
in~~.~3S,...1035
WmrW ;..... .ilJl.m..... Cadi8Ie,
FA: m3
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16,1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
SSe
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 7, 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.
, Editor
ORN TO AND SUBSCRIBED before me this
21 day of April, 2006
NOT {..,P!AL SEAL
LO!S E. ;:Y'WDER. Noiary Public
Q.. (',,,.\ 1.,,1-\ Bf'"" ("Lln'b':;'..!'lll'< ('. Ol.lnty.
I I...._'I..:.'_.L. -~!t;'f .,'~ I vii!.,", \1 VI -
, ~'~\' C.........,,,,j..,",.,,., l\""""h 5 '\')0"
~_ .,\of,.--l 1,-/,; ~!, \ ~,-1!',~1 ic1t;. ~l \; f"_', -~.,
kl1ia..IIII.Jr.....lIo.l' IlIRilfilliM~>tW\[Il,Je'\V'_M'8:l'/J ~~__~m*~.,;:!)\.I"..,.,.....
REAL ESTATE SALE NO. 73
Writ No. 2005-5073 Civil
Citifinanc1al Mortgage Company,
Ine, f/k/ a Associates Home
Equity Consumer Discount
Company, Inc.
vs.
Steven E. Trace and
Wendy J. Trace
Atty,: Daniel Schmieg
ALL THAT CERTAIN lot or par-
cel of land located in South
Middletown Township. Cumberland
County, Pennsylvania, more par-
ticularly bounded and described as
follows, to wit:
BEGINNING at a point marked
at the intersection of Bonnybrook
Road (T -516) and Heiser Lane (T-
513), thence North 35 degrees 5
minutes 10 seconds West along
Bonnybrook Road, a distance of 125
feet to an iron pin; thence North 76
degrees 19 minutes 10 seconds
East along the boundary line be-
tween Lot 6 and 7, a distance of
72~.94 feet to an iron pin; thence
South 25 degrees 6 minutes 27 sec-
onds East along the boundary line
between Lot 5 and 6, a distance of
150 feet to an iron pin; thence South
80 degrees 53 minutes 28 seconds
West along Heiser Lane, a distance
of 186.34 feet to an iron pin. thence
radius 25 feet, a distance of 27.94
feet to an iron pin, the place of be-
ginning.
CONTAINING 29, I I3.98 square
feet.
TOGETHER with existing dwell-
ing and improvements thereon.
BEING Lot No.6 of the plan of
lots for Raymond E. Diehl,
Genevieve A. Diehl. Donald E. Diehl
and Suzanne Diehl, prepared by
Stephen F. Fisher, and dated No-
vember 2, 1981, which plan is of
record at Plan Book 41, Page 66.
Tax Parcel #40-10-0634-047
TITLE TO SAID PREMISES IS
VESTED IN Steve E. Trace and
Wendy J. Trace, his wife by Deed
from John L. Neimer and Ann E.
Neimer. his wife, dated 4/29/1991
and recorded 4/30/1991 in Deed
Book B Volume 35, Page 1035.
Premises: 297 Bonnybrook Road,
Carlisle, PA 17013.