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HomeMy WebLinkAbout06-0613 PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., 1d. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRA TION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM (!tcJ<L Y ~ v. NO. 0(. - '" IJ CUMBERLAND COUNTY MATTHEW K. WINSLOW 314 8TH STREET NEW CUMBERLAND, PA 17070 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 properly or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA 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 THA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 170 13 (800)990-9108 File # 129900 File #: 129900 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner oflegal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known addressees) of the Defendant(s) are: MATTHEW K. WINSLOW 3 I 48TH STREET NEW CUMBERLAND, PA 17070 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 02/27/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No: 1855, Page: 1872. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2005 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. File #: 129900 6. The following amounts are due on the mortgage: Principal Balance Interest 08/01/2005 through 01/30/2006 (Per Diem $20.11) Attorney's Fees Cumulative Late Charges 02/27/2004 to 01/30/2006 Cost of Suit and Title Search Subtotal $89,096.22 3,680.13 1,250.00 167.35 $ 550.00 $ 94,743.70 Escrow Credit Deficit Subtotal - 275.83 0.00 $- 275.83 TOTAL $ 94,467.87 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 ofIntention 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 $ 94,467.87, together with interest from 01/30/2006 at the rate of$20.11 per diem to the date ofJudgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP ~~ ~S-- ) d!V- By: IslFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #; 129900 LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of New Cumberland in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the southerly line of Eighth Street, said point being the dividing line between Lots Nos. 12 and 13 in the Plan of Lots hereinafter mentioned, said point also being one hundred twenty (120) feet measured westwardly from a ten (10) foot alley; thence southeastwardly, along said dividing line, a distance of one hundred five (105) feet to a ten (10) foot alley; thence southwestwardly along said ten (10) foot alley, a distance offorty (40) feet to Lot No. 14 on said Plan; thence northwestwardly, along said Lot No. 14, a distance of one hundred five (105) feet to the southerly line of Eighth Street; thence northeastwardly, along Eighth Street, a distance of forty (40) feet to Lot No. 12, the place of BEGINNING. BEING Lot No. 13 in the Plan of Elkwood as recorded in the Cumberland County Recorder's Office in Deed Book 'M', Volume 5, Page 498. HAVING thereon erected a single brick dwelling house known as No. 314 Eighth Street, New Cumberland, Pennsylvania. AND BEING the same premises which William H. Newmyer and Joanna M. Newmyer, his wife, by their Deed dated December 19, 1958, and recorded on December , 1958, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book V, Volume 18, Page 460, granted and conveyed unto Raymond M. Dougherty and Marlene S. Dougherty, his wife, the Grantors herein. PROPERTY BEING: 314 8TH STREET File #: 129900 VF,RTFTC'ATTON 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. h j iLL' FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: \ - <'~" - 0-\0 7-J (:) 1Q. tt ~ U\ eft. "- rI1 ---:? ~ w ~ C) "" ~ ~ -- w () ::t:> +- -1:" (') " ;.::~ "" ~ 0..... ~ :.c: w :;-.. :1': S? .r.- -.l 8 o ~n :-l r~ :!1 r ,)fT. T:(:/ .:jC"; ,;~~~ c5f"rl ., ~ :::0 .-< SHERIFF'S RETURN - REGULAR CASE NO: 2006-00613 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS WINSLOW MATTHEW K SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WINSLOW MATTHEW K the DEFENDANT , at 1820:00 HOURS, on the 1st day of February, 2006 at 314 8TH STREET NEW CUMBERLAND, PA 17070 by handing to MATTHEW WINSLOW 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 18.00 14.96 .00 10.00 .00 42.96 So Answers: //.# r~~ R. Thomas Kline -1) A.D. 02/02/2006 PHELAN HALLINAN SCHMIEG BY~/~a ,i /.<1// c''''' Deputy Sherl " / /j Sworn and Subscribed to before Iv me this 1~ day of ../ / 1"" ( . 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., SIDTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 06-~ ~13 v. MATTHEW K. WINSLOW 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 MATTHEW K. WINSLOW , 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 Plaintiff's damages as follows: As set forth in Complaint Interest from 1/31/06 to 6/30/06 TOTAL $94,467.87 $3,036,61 $97,504.48 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~'-'_: ~ ),f. h.,.,' ~ DANIEL G. SCHMffiG, ESQU Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE:,)-<.Ly .:J_~ J..D6b 129900 ., '. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563.7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO.06-t-e 1-1-3 v. MATTHEW K. WINSLOW 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 MATTHEW K. WINSLOW is over 18 years of age and resides at , 314 8TH STREET, NEW CUMBERLAND, PA 17070. This statement is made subject to the penalties of 18 Pa. e.s. Section 4904 relating to unsworn falsification to authorities. -o~:...t A. ~"l ..~ DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff ,.. . PHELAN HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 A TIORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Cenler Plaza, Suite 1400 Philadelphia, PAl 9 I 03 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION: COURT OF COMMON PLEAS SYSTEMS, 1Ne. .. Plaintiff : CNIL DNISION Vs. : CUMBERLAND COUNTY MA1TIIEW K. WINSLOW Defendants :NO. 06-613-CNIL TERM TO: MATTHEW K. WINSLOW 314 8TH STREET NEW CUMBERLAND, P A 17070 f iL (~~ ,.. f"i ::.. '- -', DATE OF NOTICE: FEBRUARY 21, 2006 TIllS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. TIllS 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, TIllS 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 DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRIlTEN APPEARANCE PERSONALLY OR BY A TIORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 ~ <5.~ NCIS S. HALLINA , ESQUIRE Attorneys for Plaintiff ~~ +- ~ 1 ~ ~ (J -C4. \.~ () ~ ~ ~ ~~?= ~ --.c: ~ J:: """j 0'\ ." --). .....;:, .....n '*.: " (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. O~l../J MATTHEW K. WINSLOW Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ~ By: If you have any questions concerning this matter, please contact: . 1#'"-- ~ A.~t.J ~ DANIEL G. CHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU 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. ** .... (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, No. 06,,*" [p l6 v. MATTHEW K. WINSLOW Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Add'l cost Interest from 6/30/06 to DECEMBER 6, 2006 (per diem -$16.03) TOTAL $97,504.48 $1,584.50 $2,548.77 and Costs $100,053.25 --V~: .Q At. 1'., Q..... ~ '\ DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. IMPORTANT NOTICE: This property is sold at. the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 129900 .. ~ ~ t"" ... <. p.. . ~ i <. ~ ~ ~~ ~ \ 'i ~~ v t e ~ ~~ ~'e . ~t/) ~ ~~ ~t ~ ~a ~ ~~ t [;!,oS ~ i 8 \~~ tt. O~ ~ ~~ \ ~~ oJ. = .... 8t .;, ... ~ t ~~ \ ~~ ~ ~ '" ~o ~~ .... ~ a~ ... u ~ ~~ ~~ ~ \ '- ~ 8i o~ 0 .:.a ~~ 1 ~ .it ~~ ~ ~ I>- ~~ + 'd. 3 - <::.) . C,: ;rM i .. ~-_...~ '- - .... .... - - a.{:::Q - ~ ~ .;.::: ~_t") ~Cii - '" -J n; c- ~ (',J '" '" '" ~ ~ ~ <) .. (:L~ .. ~~:' ~ c..- r-- () I \ I , \ C 0 ...) a 8 a ...J 0 VI ~~ () ~ 0: . - . 0) vio=-' ~t7r ( ~ \J) ~ ~ dr::t. - ~ ~ "6<70 - ,J' .. ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of New Cumberland in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the southerly line of Eighth Street, said point being the dividing line between Lots Nos. 12 and 13 in the Plan of Lots hereinafter mentioned, said point also being one hundred twenty (120) feet measured westwardly from a ten (10) foot alley; thence southeastwardly, along said dividing line, a distance of one hundred five (105) feet to a ten (10) foot alley; thence southwestwardly along said ten (10) foot alley, a distance offorty (40) feet to Lot No. 14 on said Plan; thence northwestwardly, along said Lot No. 14, a distance of one hundred five (105) feet to the southerly line of ,Eighth Street; thence northeastwardly, along Eighth Street, a distance of forty (40) feet to Lot No. 12, the place of BEGINNING. BEING Lot No. 13 in the Plan of Elkwood as recorded in the Cumberland County Recorder's Office in Deed Book 'M', Volume 5, Page 498. HAVING thereon erected a single brick dwelling house known as No. 314 Eighth Street, New Cumberland, Pennsylvania. PROPERTY: 314 8TH STREET NEW CUMBERLAND, PA 17070 TITLE TO SAID PREMISES IS VESTED IN Matthew K. Winslow, single individual DEED FROM Raymond M. Dougherty & Marlene S. Dougherty, hlw Date: 2-27-04 Recorded: 2-27-04 Book: 261 Page: 4323 Parcel: 26-24-0811-294 WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEAL TIl OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 06-613 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 MATHEW K. WINSLOW (I) You are directed to levy upon the property ofthe defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property oCthe 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 heen added as a garnishee and is enjoined as ahove stated. Amount Due $97,504.48 L.L. $.50 Interest FROM 6/30/06 TO 12/6/06 (PER DIEM - $16.03) - $2,548.77 AND COSTS Ally's Comm % Due Prothy $1.00 Ally Paid $124.96 Other Costs Plaintiffpaid Date: JULY 25, 2006 (Seal) '--- CURTIS R. LONG proth~ n ~ By: ~ .l:: . ~fi/ I~ r-- 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 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION MATTHEW K. WINSLOW NO. 06-163 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 o Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~/. .~.j A.~.~.~ DANIEL G. SCHMIEG, ES Attorney for Plaintiff ,.-._,) ~,"-" &' , MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION MATTHEW K. WINSLOW NO. 06-163 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 .314 8TH STREET. NEW CUMBERLAND. PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MATTHEW K. WINSLOW 3148TH STREET NEW CUMBERLAND, P A 17070 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None ... , 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 314 8TH STREET NEW CUMBERLAND, P A 17070 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verifY that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. June 30. 2006 DATE r-~~L.G~s~~s6~ Attorney for Plaintiff . ('c, .- c. '--' -n :::J . \\ -~ .\ f'<;' (ji -:: " f' ., MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 06-163 v. MATIHEW K. WINSLOW Defendant(s). June 30, 2006 TO: MATTHEW K. WINSLOW 314 8TH STREET NEW CUMBERLAND, P A 17070 "THIS FIRM IS A DEBT COLLECTOR A ITEMP11NG TO COLLECT A DEBT AND ANY INFORMA 110N 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. 314 8TH STREET. NEW CUMBERLAND. PA 17070. is scheduled to be sold at the Sheriff's Sale on DECEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $97.504.48 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (the mortgagee) against you. In the event the sale is continued, an aIUlouncernent 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: J. 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. " r 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 OrnER 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 calJing (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 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 ofthe 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 rnIS 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 mav not be sold in the absence of a reoresentative of the olaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 I , ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of New Cumberland in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the southerly line of Eighth Street, said point being the dividing line between Lots Nos. 12 and 13 in the Plan of Lots hereinafter mentioned, said point also being one hundred twenty (120) feet measured westwardly from a ten (10) foot alley; thence southeastwardly, along said dividing line, a distance of one hundred five (105) feet to a ten (10) foot alley; thence southwestwardly along said ten (10) foot alley, a distance offorty (40) feet to Lot No. 14 on said Plan; thence northwestwardly, along said Lot No. 14, a distance of one hundred five (105) feelto the southerly line of ,Eighth Street; thence northeastwardly, along Eighth Street, a distance of forty (40) feet to Lot No. 12, the place of BEGINNING. BEING Lot No. 13 in the Plan of E1kwood as recorded in the Cumberland County Recorder's Office in Deed Book 'M', , Volume 5, Page 498. " HAVING thereon erected a single brick dwelling house known as No. 314 Eighth Street, New Cumberland, Pennsylvania. PROPERTY: 314 8TH STREET NEW CUMBERLAND, P A 17070 TITLE TO SAID PREMISES IS VESTED IN Matthew K. Winslow, single individual DEED FROM Raymond M. Dougherty & Marlene S. Dougherty, h/w Date: 2-27-04 Recorded: 2-27-04 Book: 261 Page: 4323 Parcel: 26-24-0811-294 1-',,_1 " _--1 ,,1 ~, C' Mortgage Electronic Registration Systems, Inc VS Matthew K. Winslow In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-613 Civil Tenn R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriffs Costs: Docketing Surcharge Law Library Prothonotary Poundage Levy 30.00 20.00 .50 1.00 1.33 15.00 n 67.83 ....../ "-t'^ /J/03/0~ $ So Answers: <~~ R. thomas Kline, Sheriff \, SD e.h., 5:;1 '5'1 ~~ l~s()10 .. '" .. , 'P, (''' MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION MATTHEW K. WINSLOW Defendant( s). NO. 06-, ft,/3 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .314 8TH STREET. NEW CUMBERLAND. PA 17070. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MATTHEW K. WINSLOW 314 8TH STREET NEW CUMBERLAND, P A 17070 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None #". '... /. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 314 8TH STREET NEW CUMBERLAND, PA 17070 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. June 30. 2006 DATE ~~. fl.l.L~,~ DANIEL G. SCHMIEG, ESQ , Attorney for Plaintiff hE :E dOl 9nv qUal \IJ 'A.i':::k, i','j: ..lUr~nJ .:L:HB3HS 1 .:;0 TJI..:lJO -- '-, ... . , MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 06-163 v. MATTHEW K. WINSLOW Defendant(s). June 30, 2006 TO: MATTHEW K. WINSLOW 314 8TH STREET NEW CUMBERLAND, P A 17070 **THIS FIRM IS A DEBT COLLECTOR A1TEMPTING 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 SHOUW NOT BE CONSTRUED TO BE AN A1TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at. 314 8TH STREET. NEW CUMBERLAND. PA 17070. is scheduled to be sold at the Sheriff's Sale on DECEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $97.504.48 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this 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 ifthis 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 CARLISLE, P A 17013 (717) 249-3166 .r '- "'_ ALL TIIA T CERTAIN tract or Parcel of land and premises, situate, lying and being in the 'Borough of New Cumberland in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the southerly line of Eighth Street, said point being the dividing line between Lots Nos. 12 and 13 in the Plan of Lots hereinafter mentioned, said point also being one hundred twenty (120) feet measured westwardly from a ten (10) foot alley; thence southeastwardly, along said dividing line, a distance of one hundred five (105) feet to a ten (10) foot alley; thence southwestwardly along said ten (10) foot alley, a distance offorty (40) feet to Lot No. 14 on said Plan; thence northwestwardly, along said Lot No. 14, a distance of one hundred five (105) feet to the southerly line of ,Eighth Street; thence northeastwardly, along Eighth Street, a distance of forty (40) feet to Lot No. 12, the place of . BEGINNING. BEING Lot No. 13 in the Plan of Elkwood as recorded in the Cumberland County Recorder's Office in Deed Book 'M', Volume 5, Page 498. HAVING thereon erected a single brick dwelling house known as No. 314 Eighth Street, New Cumberland, Pennsylvania PROPERTY: 314 8TH STREET NEW CUMBERLAND, PA 17070 TITLE TO SAID PREMISES IS VESTED IN Matthew K. Winslow, single individual DEED FROM Raymond M. Dougherty & Marlene S. Dougherty, hlw Date: 2-27-04 Recorded: 2-27-04 Book: 261 Page: 4323 Parcel: 26-24-0811-294 ..' ... WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-613 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 MATHEW K. WINSLOW (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 gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $97,504.48 L.L. $.50 Interest FROM 6/30/06 TO 12/6/06 (PER DIEM - $16.03) - $2,548.77 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $124.96 Other Costs Plaintiff Paid Date: JULY 25, 2006 (Seal) CURTIS R. LONG Prothono~ f? ~ ~y:~~ ua<~ Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 ~ ~ Real Estate Sale # 14 On August 21, 2006 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, P A Known and numbered as 314 8th Street, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 21, 2006 By: \h fWU1h Re1-iltate Sergeant h ( :( dOl snv qODZ \jd 4:)\ :_J Uh > ,j;jd J .:l.:mBHS 3Hl JO 3:JI.:l.:lO