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HomeMy WebLinkAbout06-1949GOL'DBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 825-6318 W W W.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 Plaintiff vs. DARIS ANN. CARTER Mortgagor and Real Owner 1400 Warwick Road Camp Hill, PA 17011 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term 04. -l9g7 l.: tc„ C CIVIL ACTIOWMORTGAGE FOOMCLO"F 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 the 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 claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A LISTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA 0 LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEER$ INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD' S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call Beth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of CWD-5865. Para informacion en espanol puede communicarse con Loretta at 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is COUNTRYWIDE HOME LOANS INC., 7105 Corporate Drive, PTX C-35 Plano, TX 75024-3632. 2. The name and address of the Defendant is DARIS ANN. CARTER, 2 Robin Court, Mechanicsburg, PA 17055-4339, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On February 21, 2003 mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to SIB MORTGAGE CORP., A NEW JERSEY CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1798, Page 4062. The mortgage has been assigned to: COUNTRYWIDE HOME LOANS, INC. by assignment of Mortgage, which has been lodged for recording. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(8); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property„). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for August 01, 2005, and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance Interest from 07/01/2005 through 04/30/2006 at 6.2500% Per Diem interest rate at $19.18 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph Late Charges from 08/01/2005 to 04/30/2006 Monthly late charge amount at $39.32 Costs of suit and Title Search Monthly Escrow amount $221.19 $110,495.09 $5,236.14 $5,524.75 $353.88 $900.00 $122,509.86 If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above maybe less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff reserves its right to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or and "in nersonam" judgment) against the Defendant in this Action but reserves it's right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9: The Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983 or Act 160 of 1998. WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $122,509.86, together with interest at the rate of $19.18, per day and other expenses costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. By: K McCAFFERTY & McKEEVER A. GOLDBECK, JR., ESQUIRE FOR PLAINTIFF VERIFICATION I, --Jati4 Sv f-L7 , as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. Date: Y-.-"? "-? CO IDE HOME LOANS INC. E.)Qhi*biot,g Loss P 06-6-129619A Boreowafs),CARTER,DA?Jj ,ANN:_. . . Ezhibit'A' ALL THAT CERTAIN TRACT OR PARCEL OF GROUND SITUATE IN THE TOWNSHIP OF LOWER ALLEN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, MOREiPARTICULARLY BOUNDED AND DESCRIBED-ACCORDING TO SURVEY OF D. F. RAFFENSPERGER, REGISTERED SURVEYOR., DATED JUNE 21, 1956, AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE SOUTHWEST CORNER OF THE INTERSECTION OF WARWICK ROAD AND MANCHESTER ROAD, THENCE SOUTHWARDLY ALONG THE WESTERN SIDE OF WARWICK ROAD, ONE HUNDRED THIRTY-EIGHT AND SIXTEEN ONE-HUNDREDTHS (13&.16) FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOTS NOS. 17 AND 18, BLOCK It, ON HEREINAFTER MENTIONED PLAN OF LOTS; THENCE WESTWARDLY ALONG THE SAME FIFTY-SIX AND FORTY-THREE ONE HUNDREDTHS (56.43) FEET TO A POINT AT THE DIMING LINE BETWEEN LOTS NOS. 16 AND 17, BLOCK R ON SAID PLAN; THENCE NORTHWARDLY ALONG THE SAME AT RIGHT ANGLES TO MANCHESTER ROAD ONE HUNDRED FIVE (105) FEET TO A POINT ON TIME SOUTHERN SIDE OF MANCHESTER ROAD, THENCE EASTWARDLY ALONG THE SAME ONE HUNDRED EIGHTEEN AND FORTY-NINE ONE HUNDREDTHS (119.49) FEET TO A POINT, THE PLACE OF BEGINNING. BEING LOT NO. 17, ON PLAN OF HIGHLAND PARK RECORDED IN PLAN BOOK 5, PAGE 24, CUMBERLAND COUNTY RECORDS. (J -6y. In the Court of Common Pleas of Cumberland COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 VS. DARIS ANN CARTER (Mortgagor(s) and Record Owner(s)) 1400 Warwick Road Camp Hill, PA 17011 Plaintiff Defendant(s) County No. 06-1949 PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMP ING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU W LL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against DARIS ANN CARTER y default for want of an Answer. Assess damages as follows: $123,077.25 Debt Interest - 07/01/2005 to 05/16/2006 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN 1{ OM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered o the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at le t ten days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 I.D. 1613 AND NOW Judgment is entered in favor of COUNTRYWIDE HOME LOA INC. and against DARIS ANN CARTER by defau for want of an Answer and damages assessed in the sum of $123,077.25 as per the above certification. n Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 Plaintiff No. Q6-1949 VS. DARIS ANN CARTER (Mortgagors and Record Owner(s)) 1400 Warwick Road Camp Hill, PA 17011 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMP ING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM tOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned r against you. urt ong Proth Ey: If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Centejr 701 Market Street Philadelphia, PA 19106 215-627-1322 CWD-5865 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: May 4, 2006 TO: DARTS ANN. CARTER 1400 Warwick Road Camp Hill, PA 17011 COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 Plaintiff VS. DARIS ANN. CARTER (Mortgagor(s) and Record Owner(s)) 1400 Warwick Road Camp Hill, PA 17011 Defendant(s) TO: DARIS ANN. CARTER 1400 Warwick Road Camp Hill, PA 17011 IMPORTANT NOTICF, YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-1949 fTER A WRITTEN APPEARANCE YOUR DEFENSES OR OBJECTIONS 3N (10) DAYS FROM THE DATE OF A HEARING AND YOU MAY LOSE HIS PAPER TO YOUR LAWYER AT )FFICE SET FORTH BELOW. THIS ER IF YOU CANNOT AFFORD TO INFORMATION ABOUT AGENCIES FEE OR NO FEE. PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN I THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE' ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAW HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE LEGAL SERVICES INC 8 kvina Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Attorney for Plaini Suite 5000-Me16 701 Market Street Philadelphia, PA 1 Independence Center 215.627-1322 CWD-5865 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: May 4, 2006 TO: DARIS ANN. CARTER 2 Robin Court Mechanicsburg, PA 17055-4339 COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 VS. DARIS ANN. CARTER (Mortgagor(s) and Record Owner(s)) 1400 Warwick Road Camp Hill, PA 17011 TO: DARIS ANN. CARTER 2 Robin Court Mechanicsburg, PA 170554339 In the Court of Common Pleas of Cumberland County Plaintiff CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-1949 Defendant(s) IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFEN SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS F JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELO WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFOi MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 hvine Row Carlisle, PA 17013 717-243.9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 BY: Joseph A. Attorney for P Suite 5000 - 7 Philadelphia, I TTEN APPEARANCE PERSONALLY 3 OR OBJECTIONS TO THE CLAIMS M THE DATE OF THIS NOTICE, A U MAY LOSE YOUR PROPERTY OR WYER AT ONCE. IF YOU DO NOT THIS OFFICE CAN PROVIDE YOU TO HIRE A LAWYER, THIS OFFICE IAT MAY OFFER LEGAL SERVICES :RTY & McIEEVER Jr., Esq. Market Street. 19106 215-825-6318 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the forego?ng verification of Non-Military Service are true and correct ito the best of my knowledge, information and belief. I understand that false statements therein are made subject to penal ies of 18 Pa. C.S. 4904 relating to unsworn falsification to aut orities. 1. That the above named Defendant, D RIS ANN CARTER, is about unknown years of age, that DefenI4ant's last known residence is 2 Robin Court, Mechanicsburg, PA 1'7055-4339, and is engaged in the unknown business located atiunknown address. 2. That Defendant is not in the Militalry or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of i Congress of 1940 and its Amendments. Date: V, h GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 VS. Plaintiff IN THE COURT OF COMMON PLEAS ?f Cumberland County I CIVIL ACTION LAW DARIS ANN CARTER (Mortgagor(s) and Record owner(s)) 1400 Warwick Road ACTION Of MORTGAGE FORECLOSURE Camp Hill, PA 17011 Defendant(s) No. 06-149 ORDER FOR JUDGMENT Please enter Judgment in favor of COUNTRYWIDE HOME LOAN INC., and against DARIS ANN CARTER for failure to file an Answer in the above action within (20) days (o sixty (60) days if defendant is the United States of America) from the date of service of the Complaint, in the su of $123,077.25. I hereby certify that the above names are correct and thprecise r stdence address of the judgment creditor is COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PT C-35 Plano, TX 75024-3632 and that the name(s) and last known address(es) of the Defendant(s) is/are DARIS?ANN CARTER, 2 Robin Court Mechanicsburg, PA 17055-4339; ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance Interest from 07/01/2005 through 05/16/2006 Attorney's Fee at 5.0000% of principal balance Late Charges Costs of Suit and Title Search Escrow Balance Deficit BY: Joseph A. AND NO W, this 194~ day of / & ? 201 $110,495.09 $5,543.02 $5,524.75 $393.20 $221.19 ($0.00) .25 LTY & McKEEVER Jr. C r Cy cn :' ?G N -6 lD W T (n pJ? :T7 .. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAdE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 Vs. DARIS ANN CARTER Mortgagor(s) and Record Owner(s) 1400 Warwick Road Camp Hill, PA 17011 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-1049 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 07/01/2005 to 05/16/2006 at 6.2500% (Costs to be added) $123,077.25 O F fsi 0 o F??? o y d ?O z ?b?a ?a ??w x ? ??3x ap? U f (J1 r? ? O U N V A? ? T u vl I? ?U k b ? m ? N $4 ?N oo P?QQ? G7 '? V V ?. Q N? I. V All that certain tract or parcel of ground situate in the Township of Lower Allen, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described according to survey of D.F. Raffensperger, Registered Surveyor, dated June 21, 1956, as follows, to wit: Beginning at a point on the southwest corner of the intersection of Warwick Road and Manchester Road, thence southwardly along the western side of Warwick Road, one hundred thirty-eight and sixteen one- hundredths (138.16) feet to a point at the dividing line between Lots Nos. 17 and 18, Block R, on hereinafter mentioned Plan of Lots; thence westwardly along the same fifty-six and forty-three one hundredths (56.43) feet to a point at the dividing line between Lots Nos. 16 and 17, Block R on said plan; thence northwardly along the same at right angles to Manchester Road one hundred five (105) feet to a point on the southern side of Manchester Road, thence eastwardly along the same one hundred eighteen and forty-nine one hundredths (118.49) feet to a point, the place of beginning. Being Lot No. 17, on Plan of Highland Park recorded in Plan Book 5, page 24, Cumberland County Records. MUNICIPALITY: TOWNSHIP OF LOWER ALLEN TAX PARCEL #: 13-23-0545-372 PROPERTY ADDRESS: 1400 WARWICK ROAD, CAMP HILL, PA 17011 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06+1949 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS INC., Plaintiff (s) From DARIS ANN CARTER (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 g mishee(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 $123,077.25 Interest FROM 7/1/05 TO 5/16/06 AT 6.2500% L.L. $.50 Arty's Comm % Arty Paid $154.76 Plaintiff Paid Due Prothy $1.00 Other Costs Date: MAY 19, 2006 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Or Attorney I.D. 416132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 VS. DARIS ANN CARTER (Mortgagor(s) and Record Owner(s)) 1400 Warwick Road Camp Hill, PA 17011 Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-1949 AFFIDAVIT PURSUANT TO RULE 3129 COUNTRYWIDE HOME LOANS INC., Plaintiff in the above action, by its ttorney, Joseph A. Goldbeck, Jr., 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: 1400 Warwick Road Camp Hill, PA 17011 I.Name and address of Owner(s) or Reputed Owner(s): DARIS ANN CARTER 2 Robin Court Mechanicsburg, PA 17055-4339 2. Name and address of Defendant(s) in the judgment: DARIS ANN CARTER 2 Robin Court Mechanicsburg, PA 17055-4339 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: SUSQUEHANNA VALLEY FEDERAL CREDIT UNION 3850 Hartzdale Drive Camp Hill, PA 17011 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement ' Health and Welfare Bldg. - Room 432 r P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lion on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. I 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. TENANTS/OCCUPANTS 1400 Warwick Road Camp Hill, PA 17011 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the bet of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DATED: May 16.2006 I j C7 rn .. i .. IL V H 06-1949 GOLDBECK MCCAMRTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 VS. Plaintiff DARIS ANN CARTER Mortgagor(s) and Record Owner(s) 1400 Warwick Road Camp Hill, PA 17011 Term No. 06-1949 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. i NOTICE OF SHERIFF'S SALE OF REAL PRO?PERT Y TO: CARTER, DAMS ANN DARTS ANN CARTER 1400 Warwick Road Camp Hill, PA 17011 Your house at 1400 Warwick Road, Camp Hill, PA 17011 is schedule to be sold at Sheriffs Sale on Wednesday, September 06, 2006, at 10:00 AM, in Commissioners Hearing 2nd FL Courthouse to enforce the court judgment of $123,077.25 obtained by COUNTRYWIDE HOME LOANS INC. against you. NOTICE OF OWNER'S RIGHTS To prevent this Sheriffs Sale you must take immediate action: IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL!, ACTION - LAW ACTION OF MORTGAGE FORECLOSURE 1. The sale will be cancelled if you pay to COUNTRYWIDE HOME LOANS INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out ho much you must pay call: 215-627.1322 06-1949 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 below on how to obtain an attorney). EVEN IF THE SHERIFFS SALE DOES NOT 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 price by calling the Sheriff of 717-240-6390. 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 the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will #emain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due i? paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proc edings 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 thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that ney. 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 schedule of dis ibution is filed. ( T You may also have other rights and defenses, or ways of getting your louse back, if you act immediately after the sale. I 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 O FICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIA 2 Liberty Avenue Carlisle, PA 17013 C7 ? O C= ? "n c:? --1 n'+r _- ma n r. - c ro m `. _ s??i ? ? ?D J Lt ?? ?T 1 ?,., `L ? ,. t? ? W All that certain tract or parcel of ground situate in the Township of Lower Allen, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described according to survey of D.F. Raffensperger, Registered Surveyor, dated June 21, 1956, as follows, to wit: Beginning at a point on the southwest corner of the intersection of Warwick Road and Manchester Road, thence southwardly along the western side of Warwick Road, one hundred thirty-eight and sixteen one- hundredths (138.16) feet to a point at the dividing line between Lots Nos. 17 and 18, Block R, on hereinafter mentioned Plan of Lots; thence westwardly along the same nifty-six and forty-three one hundredths (56.43) feet to a point at the dividing line between Lots Nosj 16 and 17, Block R on said plan; thence northwardly along the same at right angles to Manchester oad one hundred five (105) feet to a point on the southern side of Manchester Road, thence eastwazdly ong the same one hundred eighteen and forty-nine one hundredths (118.49) feet to a point, the plac of beginning. Being Lot No. 17, on Plan of Highland Park recorded in Plan Book 5, pge 24, Cumberland County Records. MUNICIPALITY: TOWNSHIP OF LOWER ALLEN TAX PARCEL #: 13-23-0545-372 PROPERTY ADDRESS: 1400 WARWICK ROAD, CAMP HILL, PA e SHERIFF'S RETURN - REGULAR t CASE NO: 2006-01949 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS CARTER DARIS ANN VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CARTER DARIS ANN the DEFENDANT , at 1807:00 HOURS, on the 13th day of April 2006 at 2 ROBIN COURT MECHANICSBURG, PA 17055 by handing to DARIS ANN CARTER 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 6.00 Service 10.56 Affidavit .00 Surcharge 10.00 .00 26.56 Sworn and Subscribed to before me this day of A. D. So Answers: R. Thomas Kline 04/17/2006 GOLDBECK MCCAFFERTY MCKEEVER By. Deputy Sheriff f Prothonotary i SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-01949 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS CARTER DARIS ANN 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 CARTER DARIS ANN but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , 1400 WARWICK ROAD CAMP HILL, PA 17011 WARWICK ROAD IS VACANT. NOT FOUND , as to Sheriff's Costs: So answer,-- Docketing , --- Docketing 18.00 Service 13.20 / Not Found 5.00 -' R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 46.20 GOLDBECK MCCAFFERTY MCKEEVER 04/17/2006 Sworn and subscribed to before me the within named DEFENDANT , CARTER DARIS ANN this A. D. day of Prothonotary GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 CWD-5865 CF: 04/05/2006 SD: 09/06/2006 $123,077.25 COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 Plaintiff VS. DARIS ANN CARTER Mortgagor(s) and Record Owner(s) 1400 Warwick Road Camp Hill, PA 17011 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Tenn No. 06-1949 CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (e) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ( ) Personal Service by the Sheriffs Office/competent adult (copy of return attached). >0 Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriffs Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriffs Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriffs Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriffs Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriffs Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Res ct at ' 9 B : J eph A. o d eck Jr. o for Plaintiff ¦ CW"OMINMI, Z7 &NAVO M%Mi Rem 4 #00*kW G1NOMY It d.w.a ¦ Pnnryo?eaaa?.wan+n.?«... .r, tlreweafMr aM0 b yau. . nnadf or. b?Yr NM4k of w. m.roro.. or oR m. eonl r.pro.yw?., ,. NtiaMMtfiMaat7fa f CARTER, DAr4B 2 Rohl C4 M*dwnkskM PA 17056-43U ? AWM r. urwa r# arwmy a d li Q ;?Zo- M&MMOMWD a O No S a Rob Z Mfkds Nurlpsr 4 wwff fmtn arvm." * 7 0 PS Form 3611. Filmy 904 Dansais Ra0gR1 fYssb4 Ir tti rR rrq ?y, +A„ r F o Ln Is O CeNaed Fee C Rearm Reeeipf Fee (EMoroemem Requ6ad) to R"Wto d DaRmy Fee ru (Endoasmem Required) ea ra total Postage & Fees up) C3 CAR 0 -..-: f`- Jcaii:loClrluS• -..- Rd= Rsos' ror raawl.tdias ao.o. #s Fey O vas Ln MKI n ? WN a u, J E M 1 ' U S a P F OF I CJA - . . C3 °stege $ C ~F Yes 0 ee e > ( rl\ 0 Retum Reoelpt Fee YeS f' Here (Endornmem Required) /,. I ? O Restdded Delivery Fee I W (&Wor.emod Rewired) 04 c Total Postage & Fees o nf e CAR TER. DARIS ?a w ' ick ••-Read-.-.----------- N 'sGeei,AoL aidS-- - •-•-•--- . ... •--• -- Robs n (i 11 . PA 17011 _-- o Po 6kw No. -•-------P4eCti?-Fr3• 1 I I z w w K J m W ?< LL nui DDDD LL i ?irl Zp 0 m b j c o 1- cn ? N? ? 'g o w??i a ¢ or w ` r3 a Q co ?c`5 _ ~ o W R?yi a j Z2p Wm Ohm ?ODD? N=UUpUCi pam _ 3 mIt a FZ 4 7 U? wu? SC Ao ? O U N a p Q ¢?y(? o o ~2 co E s N u a U 00 L V V a ' c Y ?F N N N 'S ?EE E' LL W 4 U Z Ul) a U ? GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attomey I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW VS. DARIS ANN CARTER Mortgagor(s) and Record Owner(s) 1400 Warwick Road Camp Hill, PA 17011 ACTION OF MORTGAGE FORECLOSURE Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 Term No. 06-1949 COUNTRYWIDE HOME LOANS INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 1400 Warwick Road Camp Hill, PA 17011 1.Name and address of Owner(s) or Reputed Owner(s): DARIS ANN CARTER 2 Robin Court Mechanicsburg, PA 17055-4339 2. Name and address of Defendant(s) in the judgment: DARIS ANN CARTER 2 Robin Court Mechanicsburg, PA 17055-4339 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: SUSQUEHANNA VALLEY FEDERAL CREDIT UNION 3850 Hartzdale Drive Camp Hill, PA 17011 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 1400 Warwick Road Camp Hill, PA 17011 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DATED: August 14, 2006 Ph A. Goldbeck, Jr., Esq. for Plaintiff '4 0+ . M A r- mr ? rn 0 s- < COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Secretary of Housing & Urban Development is the grantee the same having been sold to said grantee on the 6th day of Sept A.D., 2006, under and by virtue of a writ Execution issued on the 19th day of May, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 1949, at the suit of Countrywide Home Loans Inc against Daris Ann Carter is duly recorded in Deed Book No. 278, Page 3056. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 31 day of A.D. 02-00 `7 of Deeds ROOM & of Dude, Wnoet and CAM, Ca&b. PA MY ft"*Aulm E*h" #0 Ffret Monday 01 JW 2010 Countrywide Home Loans, Inc. VS Daris Ann Carter In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-1949 Civil Term Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on July 20, 2006 at 5:47 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Daris Ann Carter by making known to Daris Ann Carter, personally, at 2 Robin Court, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Jessica Hermansen, Deputy Sheriff, who being duly sworn according to law, states that on July 6, 2006 at 1:30 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Daris Ann Carter located at 1400 Warwick Road, Camp Hill, Pennsylvania 17011 according -to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Daris Ann Carter, by regular mail to her last known address of 2 Robin Court, Mechanicsburg, Pennsylvania 17055. This letter was mailed under the date of July 26, 2006 and never returned to the Sheriff s 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 September 06, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Joseph Goldbeck on behalf of the Secretary of Housing and Urban Development, His Successors and Assigns. It being the highest bid and best price received for the same, the Secretary of Housing and Urban Development, His Successors and Assigns, of, 100 Penn Square East, Tenth Floor, Wanamaker Building, Philadelphia, PA 19106, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $828.35. Sheriffs Costs: Docketing 30.00 Poundage 16.24 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 19.60 Levy 15.00 Surcharge 20.00 Law Journal 305.00 Patriot News 267.20 Share of Bills 19.31 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 828.35 p}I. ? p1 So Answe R. Thomas Kline, Sheriff BYd W-,J-A` er a? p0 w Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. # 16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX C-3 5 Plano, TX 75024-3632 IN THE COURT OF COMMON PLEAS Plaintiff VS. DARIS ANN CARTER (Mortgagor(s) and Record Owner(s)) 1400 Warwick Road Camp Hill, PA 17011 Defendant(s) of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-1949 AFFIDAVIT PURSUANT TO RULE 3129 COUNTRYWIDE HOME LOANS INC., Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 1400 Warwick Road Camp Hill, PA 17011 1.Name and address of Owner(s) or Reputed Owner(s): DARIS ANN CARTER 2 Robin Court Mechanicsburg, PA 17055-4339 2. Name and address of Defendant(s) in the judgment: DARIS ANN CARTER 2 Robin Court Mechanicsburg, PA 17055-4339 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: SUSQUEHANNA VALLEY FEDERAL CREDIT UNION 3850 Hartzdale Drive Camp Hill, PA 17011 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 1400 Warwick Road Camp Hill, PA 17011 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DATED: May 16, 2006 GOL B$C cCAFFERTY & McKEEVER BY: J eph Goldbeck, Jr., Esq. Attorn for lamtiff r Plaintiff Defendant(s; Term No. 06-1949 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY 06-1949 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX C-35 Plano, TX 75024-3632 vs. DARIS ANN CARTER Mortgagor(s) and Record Owner(s) 1400 Warwick Road Camp Hill, PA 17011 TO: CARTER, DARIS DARIS ANN CARTER 2 Robin Court Mechanicsburg, PA 17055-4339 Your house at 1400 Warwick Road, Camp Hill, PA 17011 is scheduled to be sold at Sheriffs Sale on Wednesday, September 06, 2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $123,077.25 obtained by COUNTRYWIDE HOME LOANS INC. against you. 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 COUNTRYWIDE HOME LOANS INC., the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. IN THE COURT OF COMMON PLEAS of Cumberland County 'CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE I 06-1949 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 below 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 the Sheriff of 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 a 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 thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 06-1949 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attomey I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC. 7105 Corporate Drive PTX C-35 Piano, TX 75024-3632 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW VS. DARIS ANN CARTER Mortgagor(s) and Record Owner(s) 1400 Warwick Road Camp Hill, PA 17011 ACTION OF MORTGAGE FORECLOSURE Defendants; Term No. 06-1949 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CARTER, DARIS ANN DARTS ANN CARTER 1400 Warwick Road Camp Hill, PA 17011 Your house at 1400 Warwick Road, Camp Hill, PA 17011 is scheduled to be sold at Sheriffs Sale on Wednesday, September 06, 2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the courtjudgment of $123,077.25 obtained by COUNTRYWIDE HOME LOANS INC. against you. 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 COUNTRYWIDE HOME LOANS INC., the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay call: 215-627-1322 06-1949 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 below 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 the Sheriff of 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 a 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 thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 SHORT DESCRIPTION IMPROVEMENTS consist of a residential dwelling. BEINGPREMISES: 1400 Warwick Road Camp Hill, PA 17011 1400 Warwick Road Camp Hill, PA 17011 SOLD as the property of DARIS ANN CARTER TAX PARCEL #13-23-0545-372 • WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-1949 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS INC., Plaintiff (s) From DARIS ANN CARTER (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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $123,077.25 Interest FROM 7/1/05 TO 5/16/06 AT 6.2500% Atty's Comm % Atty Paid $154.76 Plaintiff Paid Date: MAY 19, 2006 L.L. $.50 Due Prothy $1.00 Other Costs A 5L O G Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000-MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Real Estate Sale # 66 On June 02, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 1400 Warwick Rd., Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 02, 2006 By: j sV? Real Estate Sergeant U:01b CZ IN 9001 jjI?3NS ?Hi A 3OJJJO PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 21, July 28, and August 4, 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. Marie Covn6. Editor SWORN TO AND SUBSCRIBED before me this 4day of August. 2006 _ ??'2 W 112/? .....s N07ARlAt. SEAL LOIS E. SNYDER, Notary Pub"ic Carlisle Boro> Curnberland Countv My Com nisSiOn Expires March 5, 2009 REAL MTATE aA1X NO. 66 Writ No. 2006-1949 Civil Countrywide Home Loans Inc. VS. Daris Ann Carter Atty.: Joseph A. Goldbeck, Jr. All that certain tract or parcel of ground situate in the Township of Lower Allen, County of Cumberland. and Commonwealth of Pennsylva- nia, more particularly bounded and described according to survey of D.F. Raffensperger, Registered Sur- veyor, dated June 21, 1956, as fol- lows, to wit: Beginning at a point on the south- west corner of the intersection of Warwick Road and Manchester Road, thence southwardly along the western side of Warwick Road, one hundred thirty-eight and sixteen one-hundredths (138.16) feet to a point at the dividing line between Lots Nos. 17 and 18, Block R, on hereinafter mentioned Plan of Lots; thence westwardly along the same fifty-six and forty-three one hun- dredths (56.43) feet to a point at the dividing line between Lots Nos. 16 and 17, Block R on said plan; thence northwardly along the same at right angles to Manchester Road one hundred five (105) feet to a point on the southern side of Manchester Road, thence east- wardly along the same one hundred eighteen and forty-nine one hun- dredths (118.49) feet to a point, the place of beginning. Being Lot No. 17, on Plan of High- land Park recorded in Plan Book 5, page 24, Cumberland County Records. MUNICIPALITY: Township of Lower Allen TAX PARCEL #: 13-23-0545-372 PROPERTY ADDRESS: 1400 Warwick Road, Camp Hill, PA 17011 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 July and the 2nd day(s) of August 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 N.J. ...>?6I ., ......................... COPY Sworn to and subsc ' ed fo me tb0A"*1 4"F9WW9Vl 1A S A L E 466 Notarial Seal Terry L. Russell, Notary Pubkc city Of Har : rg, Dauphi My com n 6,2010 Expn "-K., Pen %Ivsttia s ration of Notaries Y PUBLIC 4 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 4 GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC. Plaintiff vs. DARIS ANN CARTER Defendant OF CUMBERLAND COUNTY CIVIL ACTION - LAW No. 06-1949 IN MORTGAGE FORECLOSURE MOTION TO STRIKE SHERIFF'S DEED AND NOW, comes Plaintiff, by its attorney, Kristina G. Murtha, of GOLDBECK McCAFFERTY & McKEEVER, and represents as follows: 1. The above case had been brought in mortgage foreclosure. 2. The mortgage foreclosure action was based on a default on the residential mortgage forming the subject of the action. 3. Judgment was entered on or about May 19, 2006. 4. A Sheriff's Sale of the property was held on September 6, 2006 5. The Sheriffs Deed was recorded on January 31, 2007 prior to Plaintiff's Counsel receiving proper instructions from its client. A true and correct copy of the recorded deed is attached hereto as Exhibit A. 6. Plaintiff now moves this honorable Court for an Order striking this deed and approve a corrective deed at plaintiffs expense, so that the records of the Recorder of Cumberland County reflect the true ownership of the property. IN THE COURT OF COMMON PLEAS WHEREFORE, Plaintiff requests that the Sheriff s Deed recorded January 31, 2007 be stricken. GOLDWC&I4cAFF TY McKEEVER By: Pt! 1u?tlra, Esquire for Plaintiff GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VS. DARIS ANN CARTER Defendant(s) CIVIL ACTION LAW No. 06-1949 IN MORTGAGE FORECLOSURE BRIEF IN SUPPORT OF MOTION TO STRIKE SHERIFF'S DEED 1. FACTS This case is an action in mortgage foreclosure, based upon a default on the residential mortgage forming the subject of the action. Judgment was entered on or about May 19, 2006, a writ of execution issued and a Sheriffs sale of the property was held on September 6, 2006. The Sheriffs Deed was recorded on January 31, 2007 prior to Plaintiff's Counsel receiving proper instructions from its client. Plaintiff now moves this honorable Court for an Order striking this deed, so that the records of the Recorder of Cumberland County reflect the true ownership of the property. II. LEGAL ARGUMENT This honorable Court is empowered to grant the requested relief by the Pennsylvania Rules of Court, which permits this Court to act in a manner calculated to effect a speedy and just result. Pa.R.C.P. 126 provides this honorable Court with the power to "disregard an error or defect of procedure which does not affect the substantial rights of the parties." As the court stated in First Eastern Bank v. Campstead, 637 A.2d 1364 (Pa.Super. 1994): This approach does not countenance the wholesale derogation of our procedural rules, but does allow us to bend them just a little where the interests of justice demand. I would not surrender this flexibility in favor of a uniform policy of super-strict compliance with procedural rules, when such compliance would only be pointless and burdensome. Plaintiff notes that, in the instant matter, the county land records, held in the Office of the Recorder of Deeds of Cumberland County, reflect an incorrect state of title for the subject premises. Moreover, the Sheriff's Deed is void and should be stricken from the records of the Recorder of Deeds. III. CONCLUSION For these and the foregoing reasons, Plaintiff respectfully requests that the Sheriff's Deed recorded January 31, 2007 be stricken and a Corrective Sheriff's Deed issued at the Plaintiff's expense. submitted, GOLDMEWWWFEITY McKEEVER By: Attorney Tax Parcel No. 13-23-0545-372 Know all Men by these Presents ADO? AN 31 flN n 0o That 1, R. Thomas Kline, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $1.00. (One Dollar), to me in hand paid, do hereby grant and convey to Secretary of Housing and Urban Development, His Successors and Assigns. REAL ESTATE SALE NO. 66 Writ No. 2006-1949 Civil Term Countrywide Home Loans Inc. Vs Danis Ann Carter Atty: Joseph A. Goldbeck, Jr. DESCRIPTION ALL THAT CERTAIN tract or parcel of ground situate in the Township of Lower Allen, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described according to survey of D.F. Raffensperger, Registered Surveyor, dated June 21, 1956, as follows, to wit: BEGINNING to a point on the southwest corner of the intersection of Warwick Road and Manchester Road, thence southwardly along the western side of Warwick Road, one hundred thirty-eight and sixteen one-hundredths (138.16) feet to a point at the dividing line between Lots Nos. 17 and 18, Block R, on hereinafter mentioned Plan of Lots; thence westwardly along the same fifty-six and forty-three one hundredths (56.43) feet to a point at the dividing line between Lots Nos. 16 and 17, Block R on said plan; thence northwardly along the same at right angles to Manchester Road one hundred five (105) feet to a point on the southern side of Manchester Road, thence eastwardly along the same one hundred eighteen and forty-nine one hundredths (118.49) feet to a point, the place of beginning. Being Lot No. 17, on Plan of Highland Park recorded in Plan Book 5, page 24, Cumberland County Records. Municipality: Township of Lower Allen. TAX PARCEL #: 13-23-0545-372 Property Address: 1400 Warwick Road, Camp Hill, PA 17011 278 RGF30 % v.';v The same having been sold by me to the said grantee on the 6th day of September Anno Dommi Two Thousand and Six 200 after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 19th day of May Anno Domini 2006 out of the Court.of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Six 2( 006) Number 1949 at the suit of Countrywide Home Loans Inc. against Daris Ann Carter. 9OOX 278 PACE3057 V" In Witness Whereof, I have hereunto affixed my signature this-11 qt- day of Jarary Anno Domini Two Thousand and Seven (2007) Thomas Klin , Sheriff Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, Curtis R. Long, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared R. Thomas Kline, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand. and seal of said Court, this 31 stday of Jan. Anno Domini Two Thousand and Seven (2007) :" ??;`?????;? ' -:-'rj? i ij • ''fir '?._ ••••,•• ? -? I Certify this to be recorded In Cumberland County PA . Recorder of Deeds CARLISLE CUMBERLAND COM COURTHOUSE W COMMISSION EWES JANUARY 4, 2010 I hereby certify that the residence And Post Office address of the Within Grantee is 100 Penn Square East Tenth Floor Wannamaker Building Philadelphia, PA 19106 Solicitor BGaK 278 P,; 3oM GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff COUNTRYWIDE HOME LOANS INC. Plaintiff VS. DARIS ANN CARTER Defendant(s) No. 06-1949 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE Kristina G. Murtha, Esquire, hereby certifies that on this day of , 2007, he did serve true and correct copies of Plaintiffs Motion to Strike Sheriff s Deed and all supporting papers attached hereto upon: DARIS ANN CARTER SHERIFF OF CUMBERLAND COUNTY 1400 Warwick Road Sheriffs Office Camp Hill, PA 17011 1 Courthouse Square Carlisle, PA 170W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION LAW GOLDBECK ?FERTY McKEEVER By: Kristina G. urtha, Esquire Attorney for Plaintiff VERIFICATION I, Kristina G. Murtha, Esquire, hereby swear and affirm that the facts contained in the foregoing Motion to Strike Sheriff's Deed are true and correct to the best of my knowledge, in formation and belief, based upon information provided by Plaintiff, COUNTRYWIDE HOME LOANS INC. and that said facts contained herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: GOLDBEC c ERTY McKEEVER By: Kristina G. Murtha, Esquire Attorney for Plaintiff C71 ?S JAN 0 3 2008 le IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COUNTRYWIDE HOME LOANS INC. Plaintiff vs. DARIS ANN CARTER Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 06-1949 MOTION TO STRIKE DEED AND APPROVE CORRECTIVE SHERIFF'S DEED ORDER OF COURT AND NOW, this 7th day of 3 evowel , 200* upon consideration 16 of the within Motion to Strike Sheriff's Deed and Approve Corrective Sheriffs Deed, It is HEREBY ORDERED AND DECREED that the Wednesday, September 06, 2006 Sheriff's Sale of the subject property, located at 1400 Warwick Road Camp Hill, PA, 17011, is hereby CONFIRMED, and it is further ORDERED AND DECREED that the Sheriffs Deed recorded January 31, 2007 in Deed Book 278, page 3056, et seq., be and is hereby STRICKEN. It is further ORDERED that the Sheriff of Cumberland County shall prepare and deliver forthwith to Plaintiff a Corrective Sheriffs Deed at Plaintiffs expense. It is further ORDERED that the Recorder of Deeds of Cumberland County shall record a copy of this Order. . BY THE COURT: 4w Ado 1. // -' 6 `?'11 i ?r]1`y ? ?y L?l Nnt TR? 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