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HomeMy WebLinkAbout02-1576FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PRINCIPAL RESIDENTIAL MORTGAGE, INC. 711 HIGH STREET DES MOINES, IA 50392-0780 V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CQ -/S"7/o ?lvLl ??%L.}y3 CUMBERLAND COUNTY / LINDA A. MITCHELL BRYAN J. MITCHELL 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 001513617-9 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. Plaintiff is PRINCIPAL RESIDENTIAL MORTGAGE, INC. 711 HIGH STREET DES MOINES, IA 50392-0780 2. The name(s) and last known address(es) of the Defendant(s) are: LINDA A. MITCHELL BRYAN J. MITCHELL 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 3/26/01 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR SUPERIOR HOME MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1685, Page 979. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 12/1/01 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. 6. The following amounts are due on the mortgage: Principal Balance $124,108.97 Interest 2,805.60 11/l/0 1 through 3/1/02 (Per Diem $23.38) Attorney's Fees 850.00 Cumulative Late Charges 98.43 3/26/01 to 3/1/02 Cost of Suit and Title Search 550.00 Subtotal $128,413.00 Escrow Credit 512.00 Deficit 0.00 Subtotal 512.00 TOTAL $127,901.00 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $127,901.00, together with interest from 3/1/02 at the rate of $23.38 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERMAN AND PHEL , LLP By. FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL THAT CERTAYN tract or parcel of land and premises, situate, lying and being in the Borough of Camp.Hill in the County of.,Cumberland and Commonwealth of Pennsylvania, more particularly described as follows:-- BEGINNING at a point•at the southerly side of Hawthorne Drive, which point is 740 feet westwardly from the southwesterly corner of the intersection of.Hawthorne Drive and Thirty-fourth St'reee, and which point- is also, at the dividing line between Lots Nos. 33 'and.34'on the hereinafter mentioned Plan-of Lots;. thence along the last said dividing line, South 5 degrees 57 minutes East,'105 feet to a point; thence, South.84 degrees 3 minutes West, 75 feet to a point at the dividing'line,between•Lots Nos. 32 and 33 on the hereinafter mentionea 'Liar, along the last said.dividing Iine,.,North 5 degrees 57 minutes west,,105 feet to a.point,at the southerly side of Hawthorne Drive; thence alorig the southerly side of Hawthorne Drive, North 84 degrees 3 minutes East, 75 feet to a point, THE PLACE OF,BEGINNING. BEING Lot No. 33 on'the General Plan of Hollywood Development, which Plan is.,recorded in.. the Office of the Recorder of Deeds in and fox. Cumberland County, Pennsylvania, in Plan Book 7, Page 27. HAVING THEREON ERECTED a,dwelling home,'known and numbered as 3439 Hawthorne.Drive,-:Camp Hill, Pennsylvania.' BEING THE SAME.PREMISES•which Robert J.. Langan and Patricia S. Langan, by'Deed dated June la, '1992 and recorded in the office of the Recorder of Deeds%in and for Cumberland County in Deed Book 35,:-Volute "S", Page'936, granted and conveyed unto Frederick T.'Spackman and Patricia B. Spackman. .The said Patricia B. Spackman having expired on thereby, vesting sole title to Frederick T. Spackman by virtue of,law. Ricki.e•Hartz and Kathryn Hartz, A/K/A'Katherine Hartz.joins in this conveyance to grant and convey all their interest-in'the within described premises by virtue of an Agreement of•Sale dated February 1, 1994. VERIFICATION SUSAN RUSTHOVEN hereby states that she is MANAGER OF FORECLOSURE of PRINCIPAL RESIDENTIAL MORTGAGE, INC. mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: 517-47 o 2 w? ?? ? ? Q ... ? -_ -? n c.. ' `' ?; ?? ? --, ? ; . . r, -, _? ,'. ; '- t J C, ? r ?, ' j c? 1 c ? ? . y°- ' _ _;. , ? ?_. .. ? ? cz? -c h SHERIFF'S RETURN - REGULAR CASE NO: 2002-01576 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRINCIPAL RESIDENTIAL MORTGAGE VS MITCHELL LINDA A ET AL DAVID MCKINNEY Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MITCHELL LINDA A DEFENDANT the at 1936:00 HOURS, on the 4th day of April , 2002 at 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 BRYAN J MITCHELL, HUSBAND by handing to 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 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this /p 1 day of l rr?? aZdr? oL A. D. f qoa, q- P o honotary , Sheriff or Deputy Sheriff of So Answers: lrloo.?- R. Thomas Kline 04/05/2002 FEDERMAN & PHELAN By: A Deputy Sheriff CASE NO: 2002-01576 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRINCIPAL RESIDENTIAL MORTGAGE VS MITCHELL LINDA A ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE MITCHELL BRYAN J the DEFENDANT at 1936:00 HOURS, on the 4th day of April , 2002 at 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 BRYAN J. MITCHELL was served upon by handing to 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /p "u day of (2n,_11 ?i+o z A. D. I/ Prothonotar)? So Answers: R. Thomas Kline j/ 04/05/2002 FEDERMAN & PHELAN By: 1 Deputy Sheriff a -FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 PRINCIPAL RESIDENTIAL MORTGAGE, INC. 711 HIGH STREET DES MOINES, IA 50392-0780 Plaintiff, V. LINDA A. MITCHELL BRYAN J. MITCHELL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-1576 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against LINDA A. MITCHELL and BRYAN J. MITCHELL, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 3/2/02 to 5/7/02 TOTAL $127,901.00 1,566.46 $129,467.46 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. RANK FED' RMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 5--7-62 PRO PROTHY r . , FTI Z-? t7 FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 564-7000 PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff VS. LINDA A. MITCHELL BRYAN J. MITCHELL Defendant TO: BRYAN J. MITCHELL 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 DATE OF NOTICE: APRIL 25, 2 Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY NO. 02-1576 COPY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PRINCIPAL MORTGAGE, INC. RESIDENTIAL Plaintiff LINDA A. MITCHELL BRYAN J. MITCHELL VS. Defendant(s) TO: LINDA A. MITCHELL 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 DATE OF NOTICE: APRIL 25, 2002 Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-1576 COPY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 .j7ACt-? c?A Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 PRINCIPAL RESIDENTIAL MORTGAGE, INC. 711 HIGH STREET CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. LINDA A. MITCHELL BRYAN J. MITCHELL Defendant(s). CIVIL DIVISION NO. 02-1576 VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, 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 LINDA A. MITCHELL is over 18 years of age and resides at, 3439 HAWTHORNE DRIVE, CAMP HILL, PA 17011. (c) that defendant BRYAN J. MITCHELL is over 18 years of age, and resides at, 3439 HAWTHORNE DRIVE, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. FRANK F ERMAN, ESQUIRE Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PRINCIPAL RESIDENTIAL MORTGAGE, INC. 711 HIGH STREET CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 02-1576 LINDA A. MITCHELL BRYAN J. MITCHELL Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 7 200 d- By: EPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN. 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 HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." ?V P ?I I' J ern PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.RC.P.3180-3183 PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, V. No. 02-1576 LINDA A. MITCHELL BRYAN J. MITCHELL Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $129,467.46 Interest from 5/8/02 to 9/4/02 $2,553.60 and Costs (per diem -$21.28) TOTAL $132,021.06 C FEERMAN, ESQUIRE One Penn Cen er at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. w? a? a zz o OU zU Oo A? U U? W a c r ? H W U 0. i a x ?cFy a a x ?cFy a PQ L !=G L w bD b?0 w 0 a .a a x a U A ?O 5 Ny n c Z7;_; , rn i; y V' r. C eta rv .r{ ^J fV .O a <) _IPI c'5, DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Camp Hill in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point at the Southerly side of Hawthorne Drive, which point is 740 feet Westwardly from the Southwesterly corner of the intersection of Hawthorne Drive and Thirty-fourth Street, and which point is also at the dividing line between Lots Nos. 33 and 34 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, South 5 degrees 57 minutes East, 105 feet to a point; thence, South 84 degrees 3 minutes West, 75 feet to a point at the dividing line between Lots Nos. 32 and 33 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, North 5 degrees 57 minutes West, 105 feet to a point at the Southerly side of Hawthorne Drive; thence along the Southerly side of Hawthorne Drive, North 84 degrees 3 minutes East, 75 feet to a point, the place of beginning. BEING Lot No. 33 on the General Plan of Hollywood Development, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 7, Page 27. HAVING THEREON ERECTED a dwelling home, known and numbered as 3439 Hawthorne Drive, Camp Hill, Pennsylvania. 17011 TAX PARCEL NUMBER: 21-0275-040 TITLE TO SAID PREMISES IS VESTED IN Bryan J. Mitchell and Linda A. Mitchell, husband and wife by Deed from Frederick T. Spackman, single person by his Attorney-in-Fact, F. Joseph Spackman and Rickie Hartz and Kathryn Hartz, also known as Katherine Hartz, husband and wife dated 11/7/2000 and recorded 11/22/2000 in Deed Book 234 Page 631. ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Camp Hill in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point at the Southerly side of Hawthorne Drive, which point is 740 feet Westwardly from the Southwesterly corner of the intersection of Hawthorne Drive and Thirty-fourth Street, and which point is also at the dividing line between Lots Nos. 33 and 34 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, South 5 degrees 57 minutes East, 105 feet to a point; thence, South 84 degrees 3 minutes West, 75 feet to a point at the dividing line between Lots Nos. 32 and 33 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, North 5 degrees 57 minutes West, 105 feet to a point at the Southerly side of Hawthorne Drive; thence along the Southerly side of Hawthorne Drive, North 84 degrees 3 minutes East, 75 feet to a point, the place of beginning. BEING Lot No. 33 on the General Plan of Hollywood Development, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 7, Page 27. HAVING THEREON ERECTED a dwelling home, known and numbered as 3439 Hawthorne Drive, Camp Hill, Pennsylvania. I7o11 TAX PARCEL NUMBER: 21-0275-040 TITLE TO SAID PREMISES IS VESTED IN Bryan J. Mitchell and Linda A. Mitchell, husband and wife by Deed from Frederick T. Spackman, single person by his Attorney-in-Fact, F. Joseph Spackman and Rickie Hartz and Kathryn Hartz, also known as Katherine Hartz, husband and wife dated 11/7/2000 and recorded 11/22/2000 in Deed Book 234 Page 631. ? ? ? .?-? C sv n LT` ? m 11111 d 1' -?? r i:_, `c-? -r. 4 ? ^ ? ? ? 7-i 1T1 N!C_, ? C C"^ ? ? ? vN?^. ? NAG c PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, V. LINDA A. MITCHELL BRYAN J. MITCHELL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-1576 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) PRINCIPAL RESIDENTIAL MORTGAGE, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, 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 ,3439 HAWTHORNE DRIVE, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name LINDA A. MITCHELL BRYAN J. MITCHELL Last Known Address (if address cannot be reasonably ascertained, please indicate) 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name AARON WHITCOMB Last Known Address (if address cannot be reasonably ascertained, please indicate) 119 PISGAH ROAD SHERMANSDALE, PA 17090 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) HOLLYWOOD DEVELOPMENT 36TH & WALNUT STREETS CAMP HILL, PA 17011 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. April 29, 2002 DATE RANK FED RMAN, ESQUIRE Attorney for Plaintiff P, c> o rv }rn ca FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, V. LINDA A. MITCHELL BRYAN J. MITCHELL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-1576 CERTIFICATION FRANK FEDERMAN, 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: ( ) anFHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. RANK FE ERMAN, ESQUIRE Attorney for laintiff ATTORNEY FOR PLAINTIFF n ?? C_ cu ?, ? -? ??? ?_ - r, _- , _a ,?? ;c: ?_ :? rr, : _ , ?h PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, V. LINDA A. MITCHELL BRYAN J. MITCHELL Defendant(s). CUMBERLAND COUNTY No. 02-1576 April 29, 2002 TO: LINDA A. MITCHELL 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 BRYAN J. MITCHELL 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. •+ Your house (real estate) at, 3439 HAWTHORNE DRIVE, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 4, 2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $129,467.46 obtained by PRINCIPAL RESIDENTIAL MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCR [PTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Camp Hill in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point at the Southerly side of Hawthorne Drive, which point is 740 feet Westwardly from the Southwesterly corner of the intersection of Hawthorne Drive and Thirty-fourth Street, and which point is also at the dividing line between Lots Nos. 33 and 34 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, South 5 degrees 57 minutes East, 105 feet to a point; thence, South 84 degrees 3 minutes West, 75 feet to a point at the dividing line between Lots Nos. 32 and 33 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, North 5 degrees 57 minutes West, 105 feet to a point at the Southerly side of Hawthorne Drive; thence along the Southerly side of Hawthorne Drive, North 84 degrees 3 minutes East, 75 feet to a point, the place of beginning. BEING Lot No. 33 on the General Plan of Hollywood Development, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 7, Page 27. HAVING THEREON ERECTED a dwelling home, known and numbered as 3439 Hawthorne Drive, Camp Hill, Pennsylvania. 11011 TAX PARCEL NUMBER: 21-0275-040 TITLE TO SAID PREMISES IS VESTED IN Bryan J. Mitchell and Linda A. Mitchell, husband and wife by Deed from Frederick T_ Spackman, single person by his Attorney-in-Fact, F. Joseph Spackman and Rickie Hartz and Kathryn Hartz, also known as Katherine Hartz, husband and wife dated 11/7/2000 and recorded 11/22/2000 in Deed Book 234 Page 631. C. .v ??' t ? --n ?_ '- i iii -J C?.'C; ?'y ?._J " - .: rte: _^ ?? ?_)ti?t __{ ? _ L: CJ -C WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-1576 CIVIL 19 COUNTY OF CUMBERLAND) CIVIL ACTION - LAW IL 1 TO THE SHERIFF OF _ CUMBERLAND,----------- COUNTY: To satisfy the debt, interest and costs due _. Principal Residential Mortgage, Inc. - --- PLAINTIFF(S) from Linda A. and Bryan J. Mitchell, - 3 - 439 Hawthorne Dr., Camp Hill PA -- - -- --- - 17011. (1) You are directed to levy upon the property of the defendant(s) and to sell Real Estate located at 3439 Hawthorne Dr., Cam Hill PA 17011. (See attached 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/are 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 Propertyof thedefendant(s) not levied upon an subject to attachment is found inthepossession of anyoneother than a namedgarnishee, you are directed to notify htnVherthat he/she has been added as a garnishee and is enjoined as above slated. Amount Due $129,467.46 L.L. $.50 Interest 5/8/02 - 9/4/02 $2,553.60 Ally's Comm % Atty Paid $125.66 Due Prothy $1.00 Other Costs Plaintiff Dale 2002 REQUESTING PARTY: CURTIS R. LONG Prothon Lary, Civil Division by tl T-- - Deputy Name -_ Frank Federman, Esd_ Address 1617 JFK_Blvd. ,Ste 1400 Phila_delphia_ PA__ 19103 1814 Attorney for. _ P1 J n iff telephone: (215) 961 7000 ------ Supreme Court ID No. 1 224 p AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF PRINCIPAL RESIDENTIAL MORTGAGE, KMD INC. No. 02-157 DEFENDANT(S) LINDA A. MITCHELL ACCT. BRYAN J. MITCHELL Type of A tion SERVE LINDA A. MITCHELL AT - Notice of Sheriffs Sale 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 Sale Date: SEPTEMBER 4, 2002 i SERVED Served and made known to L. 1 ^`Al) t ?Q (L Defendant, on the day ofJ UQ . 200_S a : (n, o'clock _ m., at l Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is 0X_\._) Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Agfe a ` Reeig6tI Weight Race ? Sex ? ther I, , ill tC?l1 , `a competent adult, being duly sworn according to law, de Dose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued ' the captioned case on the date and at the address indicated above. Sworn to and subscribed before a this __y__ day of 200 Notary: By: r.FACE ATT T SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIME OF SERVICE ATTEMPTED. Notarial Seal NOT SERVED Usa M. Greason, Notary Public Carilsle Born, Cumberland County My 9mosion Expires ept. 9 2002 200. at o'clock _.m., Defendant Moved Unknown No Answer Vacant 1St Attempt: / / Time: 2"d Attempt: / 3rd Attempt: Time: Sworn to and subscribed before me this day of 1200-. Notary: By: FOUND because: Time: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 ?FAi :? c -v -? rn 2j -,7 O ;,C1, AFFIDAVIT OF SERVICE PLAINTIFF PRINCIPAL RESIDENTIAL MORTGAGE, INC. No. DEFENDANT(S) LINDA A. MITCHELL ACCT. BRYAN J. MITCHELL Type of SERVE BRYAN J. MITCHELL AT - Notice 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 Sale -? 11 ?SERVED Served and made known to f 71 (VX 1J • 11 1 V 1Q , Defendant, on the S at .cfl , o'clock" .m., at of Pennsylvania, in the manner described below: CUMBERLAND COUNTY KMD Sheriffs Sale SEPTEMBER 4, 2002 day of-7U-(N&, 200_ % `k . Commonwealth Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Agd:21a Height?01 Weight k (03 Race Uk Sex Other I, 1 U (1 a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued i the captioned case on the date and at the address indicated above. Sworn to and subscribed befor MAT of Nota By: P;SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIM Notarial Seal Public NOT SERVED Use M. Qremm, Notary Carlisle Boro, Cumberland County op¢hmmission ExpiftyWt. 9, 2002 200, at o'clock _.m., Defendant Moved Unknown No Answer Vacant 1st Attempt: Time: 2°d Attempt: / 3rd Attempt: Time: Sworn to and subscribed before me this day of 200-. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 OF SERVICE ATTEMPTED. FOUND because: Time: n c R°, r fit= "l C_ W J Ch IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: PRINCIPAL RESIDENTIAL MORTGAGE, INC. ) CIVIL ACTION vs. LINDA A. MITCHELL ) CIVIL DIVISION BRYAN J. MITCHELL ) NO. 02-1576 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for PRINCIPAL RESIDENTIAL MORTGAGE, INC. hereby verify that on 5/7/02 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 517/02 by certified mail return receipt requested see Exhibit "B" attached hereto. A O AA A/ ?QY X -?/?N? DATE: July 24, 2002 FRANK FEDE MAN, ESQUIRE Attorney for Plaintiff L O a o `n a?b = ac Ca Uwe tib ? d y b L ? zdo `o Y Y a N n u Y - ? 1 I • ' •? y C C w q J i. O 77 E 9 a c C W O '. 6f1 N?3 C L ?eyg o ? r $ u U v ? r N N ? v ? a c r+ c 9 r w o 0 o?;; a y K F u? Q r Q a Q a. .S O w W a r t 0* g8 U ? F U A o ? a: O O a W ? s ^ 0 w 0 / a rn ? W a z Ls. ? °` ? a+ O v M v M ? a V Y ? l^ ? O W A i"'? \f W vJ [i.? ? A F ? ? u e U ? UQ ? S Fr /r o y z zz a z Y ?y W d a 3 z m 9 v ? r Q am -1 1 -O H E D i -- I CA I I ?d EO?? 7160 3901 9844 8033 3029 TO: BRYAN J. MITHCELL 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 SENDER: KMD-SALES REFERENCE: 001513617-9 PS Form 3800 June 2000 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service POSTMARK'OFP .34 2.10 Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail NN341 ---------------------------------------------- ---------------------------------- 7160 3901 9844 8033 3036 TO. LINDA A. MITCHELL 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 4 SENDER: KMD-SALES 1 001513617-9 j REFERENCE: } PS Form 3800 June ---- RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee i '. Restricted Delivery Total Postage & Fees r?C US Postal Service Receipt for ?y Certified Mail No Insurance Coverage Provided Do Not Use for International Mail K QR .34 2.1o 1.50 - _ v TI rli r° Co Principal Residential Mortgage, Inc. VS Linda A. Mitchell and Bryan J. Mitchell In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-1576 Civil Term R. Thomas Kline, Sheriff, who being duly swom according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Mileage 20.70 Levy 15.00 Advertising 15.00 Posting Handbills 15.00 Share of Bills 25.20 Poundage 14.85 Law Journal 335.15 Patriot News 251.35 Certified Mail 3.46 $757.21 paid by attorney 09/03/02 Sworn and subscribed to before me This /5`-` day of 2002, A.D. Prothonotary So Answe R. Thomas Kline, Sheriff BYjoC?.i-,)" ( Real Estate Deputy 1,Sb (k 3 N-Z 1 R, , I2,?Y3 PRINCIPAL RESIDENTIAL MORTGAGE, INC. V. Plaintiff, LINDA A. MITCHELL BRYAN J. MITCHELL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-1576 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) PRINCIPAL RESIDENTIAL MORTGAGE INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, 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 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name LINDA A. MITCHELL BRYAN J. MITCHELL Last Known Address (if address cannot be reasonably ascertained, please indicate) 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AARON WHITCOMB 119 PISGAH ROAD SHERMANSDALE, PA 17090 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) HOLLYWOOD DEVELOPMENT 36' & WALNUT STREETS CAMP HILL, PA 17011 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. April 29, 2002 DATE RANK FED RMAN, ESQUIRE Attorney for laintiff PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, V. LINDA A. MITCHELL BRYAN J. MITCHELL Defendant(s). CUMBERLAND COUNTY No. 02-1576 April 29, 2002 TO: LINDA A. MITCHELL 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 BRYAN J. MITCHELL 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY. * * Your house (real estate) at, 3439 HAWTHORNE DRIVE CAMP HILL PA 17011, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 4.2002 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $129.467.46 obtained by PRINCIPAL RESIDENTIAL MORTGAGE INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 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: (2151563-7000. 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in thBorough of Camp Hill in the County of Cumberland and Commonwealth of Pennsylvania, more pear ticularly described as follows: BEGINNING at a point at the Southerly side of Hawthorne Drive, which point is 740 feet Westwardly from the Southwesterly corner of the intersection of Hawthorne Drive and Thirty-fourth Street, and which point is also at the dividing tine between Lots Nos. 33 and 34 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, South 5 degrees 57 minutes East, 105 feet to a point; thence, South 84 degrees 3 minutes West, 75 feet to a point at the dividing line between Lots Nos. 32 and 33 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, North 5 degrees 57 minutes West, 105 feet to a point at the Southerly side of Hawthorne Drive; thence along the Southerly side of Hawthorne Drive, North 84 degrees 3 minutes East, 75 feet to a point, the place of beginning. BEING Lot No. 33 on the General Plan of Hollywood Development, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 7, Page 27. HAVING THEREON ERECTED a dwelling home, known and numbered as 3439 Hawthorne Drive, Camp Hill, Pennsylvania. Iloll TAX PARCEL NUMBER: 21-0275-040 TITLE TO SAID PREMISES IS VESTED IN Bryan J. Mitchell and Linda A. Mitchell, husband and wife by Deed from Frederick T. Spackman, single person by his Attorney-in-Fact, F. Joseph Spackman and Rickie Hartz and Kathryn Hartz, also known as Katherine Hartz, husband and wife dated 11/7/2000 and recorded 11/22/2000 in Deed Book 234 Page 631. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-1576 ----CIVIL 19 CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND -- -- --- ----- --- - _COUNTY To satisfy the debt, interest and costs due Principal Residential Mortgage, Inc. - ------------ -- PLAINTIFF(S) from Linda A. and Bryan J. Mitchell, 3439 Hawthorne Dr., --- Camp Hill PA 17011. -------- - -- DEFENDANT(S) (1) You are directed to levy upon the property of the detendant(s) and to sell Real Estate located at-3439-Hawthorne Dr., Camp Hill -PA 1. 7011. (See attached 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/are 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; than anam)edgarishee,youarredirected to otfyhiem/herthathe/slhethto attachment is found asbeen added asagan ithe of sheeand sfenjoinedasabove stated. r Amount Due $129,467.46 Interest 5/8/02 - 9/4/02 $2,553.60 Ally's Comm - Ally Paid $125.66 Plaintiff Paid LL _ $.50 Due Prothy $1.00 Other Costs Dale _ -_Ma? 7?- 2002 REQUESTING PARTY Name __Frank Federman, E Address 1617 JFK_Blvd. , _Ste 1400 __Philadelphia__PA 19103 1814 - Attorney for __ plaintiff Telephone: (219) 56'1 7000 ---_-- Supreme Court ID No. 1 7n A o CURTIS_R. LONG Prothon Lary, Cl Division by - a-u_t_ _. - -' Deputy Real Estate Sale #03 On May 8, 2002 the sheriff levied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, PA known and numbered as 3439 Hawthorne Drive, Camp Hill, and more fully described on Exhibit "A" filed with 0 this writ and by this reference incorporated herein. 4 Date: May 8, 2002 By: J64 05_ JMZ6, Real Estate Deputy 71 ` fi ayy PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Roger M. Morgenthal, 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 26, AUGUST 2, 9, 2002 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. REAL ESTATE SALE No. 3 Writ No. 2002-1576 Civil Principal Residential Mortgage, Inc. vs. Linda A. Mitchell and Bryan J. Mitchell Atty.: Frank Federman DESCRIPTION ALL'THAT CERTAIN tract or par- cel of land and premises, situate, lying and being in the Borough of Camp Hill in the County of Cumber- land and Commonwealth of Pennsyl- vania, more particularly described as follows: .-? R ger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 9 day of AUGUST, 2002 LOTS E. SNYDEER, NatNy Pd* E1?1f9? Ymmu" BEGINNING at a point at the ? ?f COf;+e ! _J Southerly side of Hawthorne Drive, which point is 740 feet Westwardly from the Southwesterly corner of the intersection of Hawthorne Drive and Thirty-fourth Street, and which point is also at the dividing line be- tween Lots Nos. 33 and 34 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, South 5 degrees 57 minutes East, 105 feet to a point; thence, South 84 degrees 3 minutes West, 75 feet to a point at the dividing line between Lots Nos. 32 and 33 on the hereinafter mentioned Plan of Lots; thence along the last said di- viding line, North 5 degrees 57 min- utes West, 105 feet to a point at the southerly side of Hawthorne Drive; thence along the Southerly side of Hawthorne Drive, North 84 degrees 3 minutes East, 75 feet to a point, the place of beginning. BEING Lot No. 33 on the Gener- al Plan of Hollywood Development, which Plan is recorded in the Of- fice of the Recorder of Deeds in and for Cumberland County, Pennsylva- nia in Plan Book 7, Page 27. HAVING THEREON ERECTED a dwelling home, known and num- bered as 3439 Hawthorne Drive, Camp Hill, Pennsylvania 17011. W PARCEL NUMBER: 21-0275- 040. TITLE TO SAID PREMISES IS VESTED iN Bryan J. Mitchell and Linda A. Mitchell, husband and wife by Deed from Frederick T. Spack- man, single person by his Attorney- in-Fact, F. Joseph Spackman and Rickie Hartz and Kathryn Hartz, also known as Katherine Hartz, husband and wife dated 11/7/2000 and re- corded 11/22/2000 in Deed Book 234 Page 631. I 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 Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of July and the 6th day(s) of August 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ........................................................... COPY ?_'_Swo n to and subs rihPrthe#e e this 14th day •August 2002 A.D. SALE # 3 Notarial Seal , %/ REAL ESTATE SALE No. 3 Terry L. Russell, Notary Public C Writ No. 2002-1576 City U Harrisburg, Dauphin County Civil Term My Commission Expires June 61 2006 NC ARY PUBLIC Principal Residential Mortgage, Inc. Member. Pennsylvania Association Ot Notaries My commission expires June 6, 2006 vs Linda A. Mitchell and Bryan J. Mitchell CUMBERLAND COUNTY SHERIFFS OFFICE Atty: Frank Federman CUMBERLAND COUNTY COURTHOUSE DESCRIPTION CARLISLE, PA. 17013 ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Camp Hill in the Coutuy of Cumberland and Statement of Advertising Costs Commonwealth of f Pennsylvania, more particularly described as611ows: TO THE PATRIOT NEWS CO., Dr. BEGINNING at a point at the Southerly side of Hawthorne Drive, which point is 740 feet For publishing the notice or publication attached Westwardly from the Southwesterly corner of the hereto on the above stated dates $ 249.60 intersection of Hawthorne Drive and Thirty- fourth Street, and which point is also at the Probating same Notary Fee(s) $ 1.75 dividing line between Lots Nos. 33 and 34 on the Total $ 251.35 hereinafter mentioned Plan of Lots; thence along the last said dividing line, South 5 degrees 57 minutes East, 105 feet to a point; thence, south 84 degrees 3 minutes West, 75 feet to a point at Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. the dividing line between Lots Nos. 32 and 33 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, North 5 degrees 57 minutes West, 105 feet to a point at the Southerly side of Hawthorne Drive; thence along By""""""""""""""""""""""""""""""""""' the Southerly side of Hawthorne Drive, North 84 degrees 3 minutes East, 75 feet to a point, the place of beginning. BEING Lot No. 33 on the General Plan of TITLE TO SAID premises is vested in Bryan j. Hollywood Development, which Plan is Mitchell and Linda A. Mitchell, husband and recorded in the Office of the Recorder of Deeds wife. by Deed from Frederick T. Spackman, in and for Cumberland County, Pennsylvania, in single person, by his Attomey-in-Fact, F. Joseph Plan Book 7, Page 27. Spackman, and Rickie Hartz and Kathryn Hartz, HAVING THEREON. ERECTED a dwelling also known as Katherine Hartz, husband and home, known and numbered as 3439 Hawthorne wife, dated 11/7/2000 and recorded 11/22/2000 Drive, Camp Hill, Pennsylvania 17011. in Deed Book 234 Paee 631. Tax Parcel #21-0275-040. AFFIDAVIT OF SERVICE PLAINTIFF PRINCIPAL RESIDENTIAL MORTGAGE, INC. DEFENDANT(S) LINDA A. MITCHELL BRYAN J. MITCHELL SERVE LINDA A. MITCHELL AT 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 CUMBERLAND COUNTY KMD No. 02-1576 ACCT. #001513617-9 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 4, 2002 i , SERVED Served and made known to L? ( ^Cl JA t (I , Defendant, on the c 7I day oFf`--? ?Q 200_ a - , o'clockTm, at,'JA L9 L Ah -'A t l? QW=' ` ` Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is ??) -,gj(ya tiD Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age lfeigh6 I Weight _L(Q?S Race \A Sex _?L Other I t <<?4)a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before a this _2y- day of 200 Notary: BY: C"D I(M ' T S VICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. AA' J T My Zo!ffiry Public NOT SERVED wn, No ,umbedand Couno 2 Expires Sep?__, 200_, at o'clock _.m, Defendant NOT FOUND because: Moved Unknown No Answer 1st Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200 Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 Vacant 2nd Attempt: / / Time: .POO c +°v z i- M 'S ? C31 G - AFFIDAVIT OF SERVICE PLAINTIFF PRINCIPAL RESIDENTIAL MORTGAGE, INC. DEFENDANT(S) LINDA A. MITCHELL BRYAN J. MITCHELL SERVE BRYAN J. MITCHELL AT 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 CUMBERLAND COUNTY KMD No. 02-1576 ACCT. #001513617-9 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 4, 2002 l , ?SERVED Served and made known to P)( 1J • ?l TC Y 1? 1 , Defendant, on the day of- , 200_ l l , ,?,?, _ ^ 1 l i J Y 117. (?(Z 1??LY f? _,Commonwealth at(3 , o'clock m 3419 of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is _R1 4. O^l \,j Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: I, Description: Ag? Height`J Cb Weightk lblrj Race IA- Sex Other I, \ ?- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the otice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed befor me this '4_1 day of 12099-. Not By: PLEASE AT MPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Notarial Seal Public NOT SERVED Lisa M. Gremon, Notary Carlisle Boro, Cumberland County Opahmmission Expi MPAWt- 9, 2002 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Vt Attempt: Time: 2nd Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of 200 Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 Q C t V c_} n' nV , - CJ' "Yi _;_ C1l E5 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE P.R.C.P. 3180 31 PRINCIPAL 83 ) RESIDENTIAL, MORTGAGE, INC. Plaintiff, V. LINDA A. MITCHELL No. 02-1576 BRYAN J. MITCHELL Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 5/7/02 to 9/3/03 $129,467.46 (per diem -$21,28) $ 10,320.8p and Costs TOTAL $ 139,788.26 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property No. a a, ? `d ?, n O O ?? d p0 xx ? ? ? ?? ? ?z zn y ~y w [ ? 5 r r r O z ,? Fr) 0-0 J J • V r r ,_ DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Camp Hill in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point at the Southerly side of Hawthorne Drive, which point is 740 feet Westwardly from the Southwesterly corner of the intersection of Hawthorne Drive and Thirty-fourth Street, and which point is also at the dividing line between Lots Nos. 33 and 34 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, South 5 degrees 57 minutes East, 105 feet to a point; thence, South 84 degrees 3 minutes West, 75 feet to a point at the dividing line between Lots Nos. 32 and 33 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, North 5 degrees 57 minutes West, 105 feet to a point at the Southerly side of Hawthorne Drive; thence along the Southerly side of Hawthorne Drive, North 84 degrees 3 minutes East, 75 feet to a point, the place of beginning. BEING Lot No. 33 on the General Plan of Hollywood Development, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 7, Page 27. HAVING THEREON ERECTED a dwelling home, known and numbered as 3439 Hawthorne Drive, Camp Hill, Pennsylvania. 17011 TAX PARCEL NUMBER: 21-0275-040 TITLE TO SAID PREMISES IS VESTED IN Bryan J. Mitchell and Linda A. Mitchell, husband and wife by Deed from Frederick T. Spackman, single person by his Attorney-in-Fact, F. Joseph Spackman and Rickie Hartz and Kathryn Hartz, also known as Katherine Hartz, husband and wife dated 11/7/2000 and recorded 11/22/2000 in Deed Book 234 Page 631. CXI) CD ?.N Q 2 c ?'_ c\ "?7 Sri WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-1576 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff (s) From LINDA A. and BRYAN J. MITCHELL, 3439 HAWTHORNE DR., CAMP HILL PA 17011. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 3439 HAWTHORNE DR., CAMP HILL PA 17011 (SEE ATTACHED LEGAL DESCRIPTON). (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 $129,467.46 L.L. Interest 5/7/02 to 9/3/03 @ $21.28 per diet $10,320.80 Atty's Comm % Due Prothy 1.00 Atty Paid $895.37 Other Costs Plaintiff Paid Date: May 27, 2003 CURTIS R. LONG Pro notary (Seal) By: , % REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. Address: ONE PENN CENTER AT SUBURBAN STATION 1617 HK BLVD, SUITE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 Docket for Case: " + GetCaseNo() + " (" + DktTypeExpand(m.gsDktType) + ") Page 1 of 1 Bankruptcy Docket Report 102-00841 (Harrisburg) MITCHELL, BRYAN D Docket items entered between 01/01/1931 and 05/23/2003 Filing Date No. Docket Entry View document 02/15/02 1 VOLUNTARY PETITION under Chapter 7, Matrix and all Schedules/Statements [EOD 02/15/021 [AG] None 03/04/02 2 CERTIFICATE OF MAILING of notice of 341 meeting. [EOD 03/05/02] [DP] None 03/28/02 3 341 meeting held. [EOD 03/29/02] [DP] None 04/19/02 4 FINAL REPORT of Trustee in No Asset Case [EOD 04/19/02] [DP] None 3 06/07/02 5 DISCHARGE of Debtor(s). Certificate of Mailing. entered ON 05/30/2002. Certificate of Mailing. [EOD 06/07/021 [AUT] Da es 5 PDF 2 06/13/02 6 FINAL Decree. Certificate of Service. entered ON 06/10/2002. Certificate of Mailing. [EOD 06/13/02] [AUT] Da es 6 PDF ( Printed: 05/23/03 14:07:24 g ed help? Try the PACER User's Guide Ne MPacer Service Center PACER Service Center Transaction Receipt 05/23/2003 14:07:25 PACER Login: fp0039 Client Code: Description: Docket Case Number: 12002-00841 Billable Pa es: ?Fl-Cost: 0.07 http ://pacer.pamb.uscourts. gov/cgi-bin/foxweb.exe/npacerInPacer?ExecThis=docket&puid=... 5/23/2003 ? ?a ? ?? -,? --o - ?t ? N ?;, ? 1 ? r? t?: ?'= _? ?: _ -. ., `_ : -?, ' ? j c:- .. s t.? -< FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, V. LINDA A. MITCHELL BRYAN J. MITCHELL Defendant(s). CIVIL DIVISION NO. 02-1576 CERTIFICATION FRANK FEDERMAN, 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: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS n C ? c, n -rJ H IL 1 IL ._? } ...k' C.J .N.?C PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, V. LINDA A. MITCHELL BRYAN J. MITCHELL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-1576 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) PRINCIPAL RESIDENTIAL MORTGAGE, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, 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 ,3439 HAWTHORNE DRIVE, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name LINDA A. MITCHELL BRYAN J. MITCHELL Last Known Address (if address cannot be reasonably ascertained, please indicate) 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Last Known Address (if address cannot be Name reasonably ascertained, please indicate) AARON WHITCOMB 119 PISGAH ROAD SHERMANSDALE, PA 17090 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) HOLLYWOOD DEVELOPMENT 36TH & WALNUT STREETS CAMP HILL, PA 17011 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. Ma 20, 2003 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 7M { Z 4. *J TI F r ? 'mom ` ? C PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, v. LINDA A. MITCHELL BRYAN J. MITCHELL Defendant(s). CUMBERLAND COUNTY No. 02-1576 May 20, 2003 TO: LINDA A. MITCHELL 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 BRYAN J. MITCHELL 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 ..THIS FIRM IS A DEBT COLLECTOR ATTEMPTINGI? O P ?USL?RECEIVED ANY INFORMATION A DISCHARGE N O BE BANOBTAINED WILL BE USED FOR THAT PURPOSE. OF IF YOU L E SHOULD T *R UED THIS KR UPTCY AND THIS DEBT WAS NOT REAFFIRMED , E ENT O A IN AGAINST PROPERY. * ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORC L PA 17011 ;-z E, AMP Your house (real estate) at 3439 HAWTHORNS DRIVn the Cumberland County Courthouse, scheduled to be sold at the Sheriffs Sale on 9/3/03 at 10:00 court judgment of $129467-46 obtained by South Hanover Street, Carlisle, PA 17013, to enforce the court gage against YOU. In the event the sale INC. ( PRINCIPAL RESIDENTIAL MOR made at said sale in compliance with Pa R.C.P., Rule 3129.3. is continued, an announcement will NOTICE OF OWNER'S RIGHTS To prevent this Sheriffs Sale, you must take immediate action, will be cancelled if you pay to the mortgagee the back payments, late charges, The sale costs and reasonable attorney's fees due. To find out how much you must pay, you may call: ??t ?) 563-7000. strike 2. You may be able to stop the sale by filing a petition Yasking ou may also ask the Court to en the judgment, if the judgment was improperly entered. Y postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Camp Hill in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point at the Southerly side of Hawthorne Drive, which point is 740 feet Westwardly from the Southwesterly corner of the intersection of Hawthorne Drive and Thirty-fourth Street, and which point is also at the dividing line between Lots Nos. 33 and 34 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, South 5 degrees 57 minutes East, .105 feet to a point; thence, South 84 degrees 3 minutes West, 75 feet to a point at the dividing line between Lots Nos. 32 and 33 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, North 5 degrees 57 minutes West, 105 feet to a point at the Southerly side of Hawthorne Drive; thence along the Southerly side of Hawthorne Drive, North 84 degrees 3 minutes East, 75 feet to a point, the place of beginning. BEING Lot No. 33 on the General Plan of Hollywood Development, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 7, Page 27. HAVING THEREON ERECTED a dwelling home, known and numbered as 3439 Hawthorne Drive, Camp Hill, Pennsylvania. 11011 TAX PARCEL NUMBER: 21-0275-040 TITLE TO SAID PREMISES IS VESTED IN Bryan J. Mitchell and Linda A. Mitchell, husband and wife by Deed from Frederick T. Spackman, single person by his Attorney-in-Fact, F. Joseph Spackman and Rickie Hartz and Kathryn Hartz, also known as Katherine Hartz, husband and wife dated 11/7/2000 and recorded 11/22/2000 in Deed Book 234 Page 631. C ? C"? C7 fl"J '.C AFFIDAVIT OF SERVICE PLAINTIFF PRINCIPAL RESIDENTIAL MORTGAGE, INC. DEFENDANT(S) LINDA A. MITCHELL BRYAN J. MITCHELL CUMBERLAND COUNTY KMD No. 02-1576 ACCT. #001513617-9 Type of Action SERVE LINDA A. MITCHELL AT - Notice of Sheriff's Sale 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 Sale Date: 9/3/03 SERVED ` Served and made known to L 1' NDA MT TCAFG L? , Defendant, on the (o rH day of ?If_, 200a, at -U? o'clockt .m.,at 9 HAWTA(IP.NE nR C A PtP PFCX- 12/1 1?csl? Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. o Adult family member with whom Defendant(s) reside(s). Relationship is I? USCJYIND Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: AgeHeight std i Weight 1106 Race W Sex Other 1, G ? e w1N J CP Ie S , a competent adult, being duly sworn according; to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. kid" saw Sworn to and subscribed Iidad. JtxrW, Notwy PL0c before ethis day M/CoNnbebnEVMrsMy2&2008 of 2003. Mwnhar, OlNdadea Notary: d ??Q[?.t7Lt By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the _ day of , 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown _ No Answer Vacant gat Attempt. Time: 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200 Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 r C1 C+ C C ?+= st _ v_ r: ni AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF PRINCIPAL RESIDENTIAL MORTGAGE, INC. No. 02-1576 DEFENDANT(S) LINDA A. MITCHELL ACCT. #001513617-9 BRYAN J. MITCHELL Type of Action SERVE BRYAN J. MITCHELL AT - Notice of Sheriffs Sale 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 Sale Date: 9/3/03 SERVED Served and made known to Ky?? Mz 1 ckeLL Defendant, on the 61 day of ,2003,at TOO ,o'clocka.m.,at 3q3 1 P/Al,MKu 4Z DF- . / CAPIP 1-Oct, PA 1-7011 Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other Description: Age (,d Height I" Weight (Z Race W Sex M Other I, h lty, ^ SCA?j a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the ad NVotaft Seal Sworn to and sub ggbed Ib"d" ' ? Pow befor, me this day j ?'2D of 200-3 Erpires ? "vim Notary: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED Ou the day of . 200, at o'clock _.m., Defendant NOT FOUND because: __, Moved Unknown _ No Answer Vacant 1St Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200 _. Notary: By: 2"d Attempts Time: KMD Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 ?^' - - °' , ? -.?;F r = ni. r U=' ? -; r i, j 1 ' c ? ?,, -? _ .f? - _ i ;? r-> _ ?J `C(17 l" `I ?.? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PRINCIPAL RESIDENTIAL ) CIVIL ACTION MORTGAGE, INC. ) VS. CIVIL DIVISION LINDA A. MITCHELL ) NO. 024576 BRYAN J. MITCHELL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) I, FRANK FEDERMAN, ESQUIRE attorney for PRINCIPAL RESIDENTIAL MORTGAGE, INC. hereby verify that on MRY 23, 2003 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: July 31, 2003 -?korf' U - F NK FEDERMAN, ESQUIRE Attorney for Plaintiff r .p pp J O? to A? W N ry '??° ? to A W N O my ? W a z + r z > o > r SA 3 0 pO A w gg?d? y -o= w g ? N ? w o ? oag?a o? .F o'dR °s ? ? g n c °O<?R ?aH ^9_ rt rt O M Q d d 3 O 6,?p Apo ?N.d c x 0 0 d d z W 01 S to ro x r '-o a 0 I? oa3 A ayw a b O O ? ? 00 ?yCy? A < 7 w v? ? O ra ? O O O FOgr C ? W\ c'P 'qt`'F N _ N ?` O adp51K..°.. $00.900 Oi 1A u3093903,7 ,IA.YB 7. MAILED FPONI ZIP of z x' A ro a J O O z 6 s v a a D a 'mod z A () ta" r a J O C7 0 ?-, . Z f ) .? ? . ?L w J d1 n L Principal Residential Mortgage Inc. VS Linda A. Mitchell Bryan J. Mitchell In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-1576 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs Docketing 30.00 Poundage 14.29 Posting Bills 15.00 Advertising 15.00 Mileage 18.63 Levy 15.00 Surcharge 30.00 Law Library Prothonotary 1.00 Law Journal 316.55 Patriot News 244.54 Share of Bills 28.90 $ 728.91 paid by attorney 914/03 Sworn and subscribed to before me Answe 'A &4011 This )o `? day of R. Thomas Kline, Sheriff 2003, A.D._ BYjDs c?WVU_l.h Prothonotary Real Es to Deputy /UO Ck vl9fl P, /9:1U%W REAL ESTATE SALE No. --31 On June 3, 2003 the sheriff levied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, PA Real Estate Sale # 39 known and numbered as 3439 Hawthorne Dr., Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 3, 2003 By: Jo d Real E ate Deputy 0 d GiD Rig 1 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 Asst. 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 on the 22nd and 29th day(s) of July and the 5th day(s) of August 2003. 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 ........... ?...A..... .... COPY Sworn a subscribed bef re m i 13th day AA utt 03 A.D. SALE #39 REAL ESTATE SALE No. 39 Notarial Sea] T L R N Writ No. 2002-1576 erry . ussell, otary Public Term G Of Harrisburg, ' "? NOT Rl( PUBLIC Principal Residential MY Commission Expires June 6, 2006 Mortgage, Inc. Member, Pennsylvania Association Of No ommission expires June 6, 2006 Linda A. Mitchell and Bryan J. Mitchell CUMBERLAND COUNTY SHERIFFS OFFICE Atty.: Frank Federman DESCRIPTION CUMBERLAND COUNTY COURTHOUSE ALL THAT CERTAIN tract or parcel of land CARLISLE, PA. 17013 and premises, situate, lying and being in the Borough of Ce np Hill in the County of Cumberland and Commonwealth of Statement of Advertising Costs Pennsylvania, more particularly described as follows: To THE PATRIOT-NEWS CO., Dir. BEGINNING at a point at the Southerly side of Hawthorne drive, which point is 740 feet For publishing the notice or publication attached Westwardly from the Southwesterly from the hereto on the above stated dates $ 242 79 Southwesterly corner of the intersection of Hawthorne Drive and Thirty-fourth Street, and . Probating same Notary Fee(s) $ 1.75 which point is also at the dividing line between Total $ 244 54 Lots Nos. 33 and 34 on the hereinafter mentioned . Plan of Lots; thence along the last said dividing line, South 5 degrees 57 minutes East. 105 feet to Publisher's a point; thence, South 84 degrees 3 minutes West, Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. 7s f eet to a point at the divtdmg line between Lots Nos. 32 and 33 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, North 5 degrees 57 minutes West, 105 feet to a point at the Southerly side of Hawthorne Drive; thence along the Southerly side of Hawthorne Drive, North 84 degrees 3 minutes East, 75 feet to a point, the place of BEGINNING. Being Lot No. 33 on the General Plan of Hollywood Dev, lopment, which Plan is recorded in the Office :`- Recorder of Deeds in and for Cumberland Cot, ty, Pennsylvania, in Plan Book 7, Page 27. HAVING THERION erected a dwelling house, known and numbered as 3439 Hawthorne Drive, Camp Hill, Pennsylvania 17011. TAX PARCEL NO.: 21-0275-040. By TITLE TO SMD PREMISES is vested in Bryan J. Mitchell and Linda A. Mitchell, husband and wife, by Deed from Frederick T. Spackman, single person, by his Attomey-in-Fact, F. Joseph Spackman, end Rickie Hartz and Kathryn Hartz, also known as Katherine Hartz, husband and wife, dated 1012000 and recorded 11/22/20W in Deed Book 234 Page 631. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE 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 18, 25, 2003 AUGUST 1, 2003 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. REAL ESTATE SALE NO. 39 Writ No. 2002-1576 Civil Principal Residential Mortgage, Inc. VS. Linda A. Mitchell and Bryan J. Mitchell Atty.: Frank Federman DESCRIPTION ALL THAT CERTAIN tract or par- cel of land and premises, situate, lying and being in the Borough of Camp Hill in the County of Cum- berland and Commonwealth of Pennsylvania, more particularly de- scribed as follows: BEGINNING at a point at the Southerly side of Hawthorne Drive, which point is 740 feet Westwardly from the Southwesterly corner of the intersection of Hawthorne Drive and Thirty-fourth Street, and which point is also at the dividing line between Lots Nos. 33 and 34 on the herein- after mentioned Plan of Lots; thence along the last said dividing line, Coyne, TO AND SUBSCRIBED before me this 1 day of AUGUST, 2003 LO E. S MFER, Nulmy c Ada O , ?i?.liTc c"a ?J'til; South 5 degrees 57 minutes East, 105 feet to a point; thence. South 84 degrees 3 minutes West, 75 feet to a point at the dividing line be- tween Lots Nos. 32 and 33 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, North 5 degrees 57 minutes West, 105 feet to a point at the Southerly side of Hawthorne Drive; thence along the Southerly side of Hawthorne Drive, North 84 degrees 3 minutes East, 75 feet to a point, the place of beginning. BEING Lot No. 33 on the Gen- eral Plan of Hollywood Develop- ment, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County. Penn- sylvania, in Plan Book 7, Page 27. HAVING THEREON ERECTED a dwelling home, known and num- bered as 3439 Hawthorne Drive, Camp Hill, Pennsylvania 17011. TAX PARCEL NUMBER: 21-0275- 040. TITLE TO SAID PREMISES IS VESTED IN Bryan J. Mitchell and Linda A. Mitchell, husband and wife by Deed from Frederick T. Spack- man, single person by his Attorney- in-Fact, F. Joseph Spackman and Rickie Hartz and Kathryn Hartz, also known as Katherine Hartz, husband and wife dated 11/7/2000 and re- corded 11/22/2000 in Deed Book 234 Page 631. ?J f (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, V. No. 02-1576 LINDA A. MITCHELL BRYAN J. MITCHELL Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 5/7/02 to DECEMBER 7, 2005 (per diem -$21.28) $129,467.46 $27,876.80 and Costs TOTAL $157,344.26 o a DANIEL G. SCHMIEG, ES UIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a_ representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. w ? W a ? OH ?U od A az ? d ?, U a G « + a a WW xv U H 7 ? y d? Ay O U W ? od d a? U o? xx AA 0? y0? H x? d M ?" w N d f Q . t ?r I tT 1 1 vl v P N A 3 J r- C( M ?. C?? C V DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Camp Hill in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point at the Southerly side of Hawthorne Drive, which point is 740 feet Westwardly from the Southwesterly corner of the intersection of Hawthorne Drive and Thirty-fourth Street, and which point is also at the dividing line between Lots Nos. 33 and 34 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, South 5 degrees 57 minutes East, 105 feet to a point; thence, South 84 degrees 3 minutes West, 75 feet to a point at the dividing line between Lots Nos. 32 and 33 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, North 5 degrees 57 minutes West, 105 feet to a point at the Southerly side of Hawthorne Drive; thence along the Southerly side of Hawthorne Drive, North 84 degrees 3 minutes East, 75 feet to a point, the place of beginning. BEING Lot No. 33 on the General Plan of Hollywood Development, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 7, Page 27. HAVING THEREON ERECTED a dwelling home, known and numbered as 3439 Hawthorne Drive, Camp Hill, Pennsylvania. 17011 TAX PARCEL NUMBER: 21-0275-040 TITLE TO SAID PREMISES IS VESTED IN Bryan J. Mitchell and Linda A. Mitchell, husband and wife by Deed from Frederick T. Spackman, single person by his Attorney-in-Fact, F. Joseph Spackman and Rickie Hartz and Kathryn Hartz, also known as Katherine Hartz, husband and wife dated 11/7/2000 and recorded 11/22/7000 in Deed Book 234 Page 631. PREMISES BEING: 3439 HAWTHORNE DRIVE, CAMP HILL, PA 17011 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Bryan J. Mitchell Bk. No. 1-03-bk-04999 MDF a/k/a Bryan Mitchell Linda A. Mitchell Chapter No. 7 a/k/a Linda Mitchell Debtors Principal Residential Mortgage, Inc Movant V. Bryan J. Mitchell a/k/a Bryan Mitchell Linda A. Mitchell a/k/a Linda Mitchell and Lawrence G. Frank, Esquire (Trustee) Respondents 11 U.S.C. §362 ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of Principal Residential Mortgage, Inc. (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 3439 Hawthorne Drive, Camp Hill, PA 17011, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 4001(a)(3) is not applicable and Principal Residential Mortgage, Inc, may immediately enforce and implement this Order granting relief from the automatic stay. By (Ile colu•t. Dated: July 13, 2005 This electronic order is signed and filed on the same date. Gaul rup judge WN) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-1576 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PRINCIPAL RESIDENTIAL MORTGAGE, INC., Plaintiff (s) From LINDA A. MITCHELL AND BRYAN J. MITCHELL (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 $129,467.46 L.L. Interest FROM 517/02 TO 1217/05 (PER DIEM - $21.28) -- $27,876.80 AND COSTS Arty's Comm % Atty Paid $1639.28 Plaintiff Paid Date: AUGUST 3, 2005 Due Prothy $1.00 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN S 1617 JOHN F. KENNEDY BOULEVARI PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Other Costs PRINCIPAL RESIDENTIAL MORTGAGE, INC. V. Plaintiff, LINDA A. MITCHELL BRYAN J. MITCHELL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-1576 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) PRINCIPAL RESIDENTIAL MORTGAGE, 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,3439 HAWTHORNE DRIVE, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name LINDA A. MITCHELL BRYAN J. MITCHELL Last Known Address (if address cannot be reasonably ascertained, please indicate) 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AARON WHITCOMB 119 PISGAH ROAD SHERMANSDALE, PA 17090 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) HOLLYWOOD DEVELOPMENT 36Tn & WALNUT STREETS CAMP HILL, PA 17011 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 3439 HAWTHORNE DRWE CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 1. 2005 DATE DANIEL G. SCHMIEG, ,SQUIRE Attorney for Plaintiff C7, N 1 GAJ 1 `? l C_.I `:J PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, v. LINDA A. MITCHELL BRYAN J. MITCHELL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-1576 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: () an FHA mortgage ( ) non-owner occupied ( ) vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff PRINCIPAL RESIDENTIAL MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, V. No. 02-1576 LINDA A. MITCHELL BRYAN J. MITCHELL Defendant(s). August 1, 2005 TO: LINDA A. MITCHELL BRYAN J. MITCHELL 3439 HAWTHORNE DRIVE 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 CAMP HILL, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 3439 HAWTHORNE DRIVE, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on DECEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $129,467.46 obtained by PRINCIPAL RESIDENTIAL MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Camp Hill in the County of Cumberland and Commonwealth of Penmsylvania, more particularly described as follows: BEGINNING at a point at the Southerly side of Hawthorne Drive, which point is 740 feet Westwardly from the Southwesterly corner of the intersection of Hawthorne Drive and Thirty-fourth Street, and which point is also at the dividing line between Lots Nos. 33 and 34 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, South 5 degrees 57 minutes East, 105 feet to a point; thence, South 84 degrees 3 minutes West, 75 feet to a point at the dividing line between Lots Nos. 32 and 33 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, North 5 degrees 57 minutes West, 105 feet to a point at the Southerly side of Hawthorne Drive; thence along the Southerly side of Hawthorne Drive, North 84 degrees 3 minutes East, 75 feet to a point, the place of beginning. BEING Lot No. 33 on the General Plan of Hollywood Development, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 7, Page 27. HAVING THEREON ERECTED a dwelling home, known and numbered as 3439 Hawthorne Drive, Camp Hill, Pennsylvania. 17011 TAX PARCEL NUMBER: 21-0275-040 TITLE TO SAID PREMISES IS VESTED IN Bryan J. Mitchell and Linda A. Mitchell, husband and wife by Deed from Frederick T. Spackman, single person by his Attorney-in-Fact, F. Joseph Spackman and Rickie Hartz and Kathryn Hartz, also known as Katherine Hartz, husband and wife dated 11/7/2000 and recorded 11/22/2000 in Deed Book 234 Page 631. PREMISES BEING: 3439 HAWTHORNE DRIVE, CAMP HILL, PA 17011 AFFIDAVIT OF SERVICE PLAINTIFF PRINCIPAL RESIDENTIAL MORTGAGE, INC. DEFENDANT(S) LINDA A. MITCHELL BRYAN J. MITCHELL SERVE LINDA A. MITCHELL AT 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 CUMBERLAND COUNTY SMC No. 02-1576 ACCT. Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 7, 2005 J? 1 SERVED Served and made known to Defendant, on the C9 d day of ky513 ck, 200 at I' a o'clock 1A.m., at of Pennsylvania, in the [Wanner described below: r. 4 Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Commonwealth Other: 4,cc?1 ?atK Description: Age Height Weight ?0 Race ? ? Sex ? Other ,1 1 I, av QW c t ' a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the N Lice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and su s tibe a Luk&M T WV%4 r, nit r?.,.. bef e me this 6 4' y ' RuM Call* I of 200 f?!/ Nov. 10, Notary: By: PLEASE ATTEMPT SERVI AT LE TIMES. IDICA D IMES OF SERVICE ATTEMPTED. NOTSERVED On the day of , 200, at o'clock _.m., Defendant NOT FOUND because: Moved -Unknown _ No Answer 1st Attempt: Time: Vacant 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this J day of 200 Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 PMB ?;, ?? ?- y.?, ?? "?` ?? 'n ; ? ?, 1 iL?. ? ??:`? ?cl .C `?i `"` :.7? y?(`.f ? ??:? AFFIDAVIT OF SERVICE COUNTY PLAINTIFF PRINCIPAL RESIDENTIAL MORTGAGE, INC. DEFENDANT(S) LINDA A. MITCHELL BRYAN J. MITCHELL SERVE BRYAN J. MITCHELL AT 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 CUMBERLAND SMC No. 02-1576 ACCT. #770033339 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 7, 2005 I ERVED f Served and made known to gy, N J ( , Defendant, on the `? ?? day of 1' ,2001-at7;OJT o'clocke.m,at??,37 , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is w Adult in charge of Defendant(s)'s residence who refused to give time or relationship. f d 8 . A'4 [i el I Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: 65 /„ gv y Gva1 Desc iption: Age _ Height J`_(w Weight iAlo Race i(/ Sex t Other a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. nuMF ru Sworn to and subs cd t be fore me this tiff?'dayFf?11Y?of 200Notary: By. P) AS EMPT SER AT LEAST 3 TIMES. IM I IMES OF SERVICE ATTEMPTED. NOTSERVED On the day of , 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown _ No Answer Vacant 1" Attempt: Time: 2od Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200 _. Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 ?B ?i+ a rn t2 ; ` ...- tT ??' c ?n ? ? ? s ^O {? ['] ? ? ? ? W AFFIDAVIT OF SERVICE PLAINTIFF PRINCIPAL RESIDENTIAL MORTGAGE, INC. DEFENDANT(S) LINDA A. MITCHELL BRYAN J. MITCHELL SERVE LINDA A. MITCHELL AT 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 Served and made known to at ? o'clock f.m., at of Pennsylvania, in the manner described below: CUMBERLAND COUNTY SMC No. 02-1576 ACCT. Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 7, 2005 Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: 200 Commonwealth Desc .ption: Age n Height G Weight Race 63 W? SexF Other a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of theNotice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. WTARW SEM. Sworn to and subsViibed ALE H. may, NOWY NO before a .s 257,4dav LdYlk/ffil TT??ii..^-rr.?,,••M1 , -M, Al of ,200,E (ilil illl INOJIE7 10, Notary: By: PL ASE ATTEMP SERVIC T LEAST 3 TIMES. INDI E D IMES OF SERVICE ATTFMPTP;D. NOT SERVED On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: Time: 2°d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me [his day of , 200 _. Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 P013 d c? -z,??? `^ ""p fd ?6..;.., -O fj l:, ? ?Kl (-' '? ?, {...' B' rl L?. C. w .?+'??qy (? ..( 4? PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, V. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 LINDA A. MITCHELL BRYAN J. MITCHELL No. 02-1576 Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $129,467.46 V Interest from 5/7/02 to DECEMBER 7, 2005 $27,876.80 and Costs (per diem -$21.28) TOTAL $157,344.26 (800) 990-9108 a DANIEL G. SCHMIEG, EMQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. w ? oz? ? a z a oW ? ? a W oz z? 0o A~ ?A U? a W ? izz a*? UV g z z 0 H w? O ? H ? aw to O w a U w I w a, ,o 7)1 0 b c1 b a, ?J -t? -- it J DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Camp Hill in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point at the Southerly side of Hawthorne Drive, which point is 740 feet Westwardly from the Southwesterly corner of the intersection of Hawthorne Drive and Thirty-fourth Street, and which point is also at the dividing line between Lots Nos. 33 and 34 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, South 5 degrees 57 minutes East, 105 feet to a point; thence, South 84 degrees 3 minutes West, 75 feet to a point at the dividing line between Lots Nos. 32 and 33 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, North 5 degrees 57 minutes West, 105 feet to a point at the Southerly side of Hawthorne Drive; thence along the Southerly side of Hawthorne Drive, North 84 degrees 3 minutes East, 75 feet to a point, the place of beginning. BEING Lot No. 33 on the General Plan of Hollywood Development, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 7, Page 27_ HAVING THEREON ERECTED a dwelling home, known and numbered as 3439 Hawthorne Drive, Camp Hill, Pennsylvania. 11011 TAX PARCEL NUMBER: 21-0275-040 TITLE TO SAID PREMISES IS VESTED IN Bryan J_ Mitchell and Linda A. Mitchell, husband and wife by Deed from Frederick T. Spackman, single person by his Attorney-in-Fact, F_ Joseph Spackman and Rickie Hartz and Kathryn Hartz, also known as Katherine Hartz, husband and wife dated 11/7/2000 and recorded 11/22/2000 in Deed Book 234 Page 631 _ PREMISES BEING: 3439 HAWTHORNE DRIVE, CAMP HILL, PA 17011 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-1576 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff(s) From BRYAN J. AND LINDA A. MITCHELL, 3439 HAWTHORNE DR., CAMP HILL PA 17011. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 3439 HAWTHORNE DR., CAMP HILL PA 17011 (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 $129,467.46 L.L. $.50 Interest FROM 5/7/02 TO 12/7/05 $ $21.28 PER DIEM = $27,876.80 Atty's Comm % Due Prothy $1.00 Atty Paid $1,654.28 Plaintiff Paid Date: SEPTEMBER 7, 2005 (Seal) REQUESTING PARTY: Other Costs RTI R. LONG Prothonotary By: Deputy Name DANIEL G. SCHMIEG, ESQ. Address: ONE PENN CENTER @ SUBURBAN STATION 1617 JFK BLVD., STE. 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 PRINCIPAL RESIDENTIAL MORTGAGE, INC. V. Plaintiff, LINDA A. MITCHELL BRYAN J. MITCHELL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-1576 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) PRINCIPAL RESIDENTIAL MORTGAGE, 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 13439 HAWTHORNE DRIVE, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name LINDA A. MITCHELL BRYAN J. MITCHELL Last Known Address (if address cannot be reasonably ascertained, please indicate) 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AARON WHITCOMB 119 PISGAH ROAD SHERNASDALE, PA 17090 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 None Name 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. HOLLYWOOD DEVELOPMENT Last Known Address (if address cannot be reasonably ascertained, please indicate) 36TH & WALNUT STREETS CAMP HILL, PA 17011 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. September 2, 2005G?XJ ?Q .. DATE DANIEL G. SCHMIEG, ESQLffRE Attorney for Plaintiff ;?, ,`__ - -..? -, ~s r ? Y V? _.^? f `?? _' t>? -x PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, V. LINDA A. MITCHELL . BRYAN J. MITCHELL . Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-1576 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: () an FHA mortgage ( ) non-owner occupied ( ) vacant () 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. 0e0-' tw--y_ j 4n?4 DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff ?? '" ? i J "'7 -l? _ U-1 ? ? , il ? ??;i ? ....,9 _ "s ` i i i ..? -?-1 cam,? , ? J PRINCIPAL RESIDENTIAL MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, V. No. 02-1576 LINDA A. MITCHELL BRYAN J. MITCHELL Defendant(s). September 2, 2005 TO: LINDA A. MITCHELL BRYAN J. MITCHELL 3439 HAWTHORNE DRIVE 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 CAMP HILL, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECTA DEBT, BUT ONLY ENFORCEMENT OFALIEN AGAINST PROPERTY." Your house (real estate) at, 3439 HAWTHORNE DRIVE, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on DECEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $129,467.46 obtained by PRINCIPAL RESIDENTIAL MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVF 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, PA 17013 (717) 249-3166 DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Camp Hill in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point at the Southerly side of Hawthorne Drive, which point is 740 feet Westwardly from the Southwesterly corner of the intersection of Hawthorne Drive and Thirty-fourth Street, and which point is also at the dividing line between Lots Nos_ 33 and 34 on the hereinafter mentioned Plan of Lots; thence along the last said dividing tine, South 5 degrees 57 minutes East, 105 feet to a point; thence, South 84 degrees 3 minutes West, 75 feet to a point at the dividing line between Lots Nos_ 32 and 33 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, North 5 degrees 57 minutes West, 105 feet to a point at the Southerly side of Hawthorne Drive; thence along the Southerly side of Hawthorne Drive, North 84 degrees 3 minutes East, 75 feet to a point, the place of beginning- BEING Lot No_ 33 on the General Plan of Hollywood Development, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 7, Page 27_ HAVING THEREON ERECTED a dwelling home, known and numbered as 3439 Hawthorne Drive, Camp Hill, Pennsylvania, 17011 TAX PARCEL NUMBER: 21-0275-040 TITLE TO SAID PREMISES IS VESTED IN Bryan J_ Mitchell and Linda A_ Mitchell, husband and wife by Deed from Frederick T. Spackman, single person by his Attorney-in-Fact, F_ Joseph Spackman and Rickie Hartz and Kathryn Hartz, also known as Katherine Hartz, husband and wife dated 11/712000 and recorded 11/22/2000 in Deed Book 234 Page 631. PREMISES BEING: 3439 HAWTHORNE DRIVE, CAMP HILL, PA 17011 i"?J {'i _ - ?[ -• L_.. r c ? r?} °Ts ,.,.., ? ,_ ,ti e - ' i ._.I - _ ? ?- i _. -,t=? -?fi! ,+ ?3 `?? ?._ .? IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Bryan J. Mitchell Bk. No. 1-03-bk-04999 MDF a/k/a Bryan Mitchell Linda A. Mitchell Chapter No. 7 a/k/a Linda Mitchell Debtors Principal Residential Mortgage, Inc. 11 U.S.C. §362 Movant V. Bryan J. Mitchell a/k/a Bryan Mitchell Linda A. Mitchell a/k/a Linda Mitchell and Lawrence G. Frank, Esquire (Trustee) Respondents ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of Principal Residential Mortgage, Inc. (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 3439 Hawthorne Drive, Camp Hill, PA 17011, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 4001(a)(3) is not applicable and Principal Residential Mortgage, Inc. may immediately enforce and implement this Order granting relief from the automatic stay. By the Cowl, Dated: July 13, 2005 This electronic order as signed and fled on the same date. Min rap ,"Judge (EW) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PRINCIPAL RESIDENTIAL ) CIVIL ACTION MORTGAGE, INC. ) Vs. CIVIL DIVISION LINDA A. MITCHELL ) NO. 02-1576 BRYAN J. MITCHELL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for PRINCIPAL RESIDENTIAL MORTGAGE, INC. hereby verify that on 9{2/05 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: November 2, 2005 DA IEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, V. LINDA A. MITCHELL BRYAN J. MITCHELL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-1576 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) PRINCIPAL RESIDENTIAL MORTGAGE, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMEEG, 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,3439 HAWTHORNE DRIVE, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name LINDA A. MITCHELL BRYAN J. MITCHELL Last Known Address (if address cannot be reasonably ascertained, please indicate) 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of everyjudgment 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) AARON WHITCOMB 119 PISGAH ROAD SHERNASDALE, PA 17090 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) HOLLYWOOD DEVELOPMENT 36TH & WALNUT STREETS CAMP HILL, PA 17011 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. September 2, 2005K/v '? DATE DANIEL G. SCHMIEG, ESQLffRE Attorney for Plaintiff z F U A W N O to 6 y ro Q, J H z ?. x m o o p w "'?° to ?y ro r a o ro obi d??r?? > ro " o a o m ro ? " ro ? w mz O ? p Z p v n z y ^ a ? o ?$ t7 w x? C m y?? o ? O1? 'A ? y f1 R€ x 0 O ? N o ?0 G1 ? ? txn 7? 9 O r W m m x ° o 6 N ? O 7 r /" s?g? w ro o7 ?? y O O m?^ A ? N a N e. '" °? m o ? o n A 4 ? £ o E & ? V] a r y ^0 a '??, f a g i y o ag 6 $ w U ? bb m a a ,d r' ?910P pFjy 9SP Por,v 02 to $01.50° $q J 0004300377 SEFII)2 2005 14 MAILEDFROM ZIp CODE 19103 P ` ULS?1=' n> C? c ? u? m --1 - O . ' Y i . . %C) rs .< Principal Residential Mortgage, Inc VS Linda A. Mitchell and Bryan J. Mitchell The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-1576 Civil Term David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on Sept. 27, 2005 at 2:25 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriff s Sale and Description, in the above entitled action, upon the within named defendant, to wit: Linda A. Mitchell, by making known unto Linda Mitchell, personally, at 3439 Hawthorne Drive, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Real Estate Writ, Notice of Sheriffs Sale and Description not served upon Bryan J. Mitchell. Defendant Bryan J. Mitchell is deceased. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 12, 2005 at 6:48 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Linda A. Mitchell and Bryan J. Mitchell located at 3439 Hawthorne Drive, Camp Hill, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Linda A. Mitchell, by regular mail to her last known address of 3439 Hawthorne Drive, Camp Hill, PA 17011. This letter was mailed under the date of October 06, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Advertising 15.00 Posting Handbills 15.00 Mileage 28.80 Levy 15.00 Share of Bills 20.89 Law Journal 425.00 Patriot News 356.78 Postpone Sale 20.00 Poundage 19.16 $977.13 Sworn and subscribed to before me This /j wday ok 2006, A.D. Prothon ?S%o Answers 1C.-Thomas Kli e, S K BY Real Estate ergeant ,5t) 4?. i?l yi S PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, V. LINDA A. MITCHELL BRYAN J. MITCHELL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-1576 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) PRINCIPAL RESIDENTIAL MORTGAGE, 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 ,3439 HAWTHORNE DRIVE, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name LINDA A. MITCHELL BRYAN J. MITCHELL Last Known Address (if address cannot be reasonably ascertained, please indicate) 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AARON WHITCOMB 119 PISGAH ROAD SHERNASDALE, PA 17090 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) HOLLYWOOD DEVELOPMENT 36 T" & WALNUT STREETS CAMP HILL, PA 17011 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. September 2, 2005 J -'# J DATE DANIEL G. SCHMIEG, ESQLffRE Attorney for Plaintiff PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, V. LINDA A. MITCHELL BRYAN J. MITCHELL Defendant(s). CUMBERLAND COUNTY No. 02-1576 September 2, 2005 TO: LINDA A. MITCHELL 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 BRYAN J. MITCHELL 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 3439 HAWTHORNE DRIVE, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on DECEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $129,467.46 obtained by PRINCIPAL RESIDENTIAL MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE 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, PA 17013 (717) 249-3166 DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Camp Hill in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows BEGINNING at a point at the Southerly side of Hawthorne Drive, which point is 740 feet Westwardly from the Southwesterly corner of the intersection of Hawthorne Drive and Thirty-fourth Street, and which point is also at the dividing line between Lots Nos. 33 and 34 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, South 5 degrees 57 minutes East, 105 feet to a point; thence, South 84 degrees 3 minutes West, 75 feet to a point at the dividing line between Lots Nos. 32 and 33 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, North 5 degrees 57 minutes West, 105 feet to a point at the Southerly side of Hawthorne Drive; thence along the Southerly side of Hawthorne Drive, North 84 degrees 3 minutes East, 75 feet to a point, the place of beginning. BEING Lot No. 33 on the General Plan of Hollywood Development, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 7, Page 27. HAVING THEREON ERECTED a dwelling home, known and numbered as 3439 Hawthorne Drive, Camp Hill, Pennsylvania. 17011 % TAX PARCEL NUMBER: 21-0275-040 TITLE TO SAID PREMISES IS VESTED IN Bryan J. Mitchell and Linda A. Mitchell, husband and wife by Deed from Frederick T. Spackman, single person by his Attorney-in-Fact, F. Joseph Spackman and Rickie Hartz and Kathryn Hartz, also known as Katherine Hartz, husband and wife dated 11/7/2000 and recorded 11/22/2000 in Deed Book 234 Page 631 PREMISES BEING: 3439 HAWTHORNE DRIVE, CAMP HILL, PA 17011 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-1576 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff(s) From BRYAN J. AND LINDA A. MITCHELL, 3439 HAWTHORNE DR., CAMP HILL PA 17011. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 3439 HAWTHORNE DR., CAMP HILL PA 17011 (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 $129,467.46 L.L. $.50 Interest FROM 5/7/02 TO 12/7/05 $ $21.28 PER DIEM = $27,876.80 Arty's Comm % Due Prothy $1.00 Any Paid $1,654.28 Plaintiff Paid Date: SEPTEMBER 7, 2005 (Seal) Other Costs CURTIS R. LONG Prothonotary By: REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ. Address: ONE PENN CENTER @ SUBURBAN STATION 1617 JFK BLVD., STE. 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 Deputy Arn vl Real Estate Sale #51 On September 09, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, PA, Known and numbered as 3439 Hawthorne Drive, 9 ,.J Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 09, 2005 By: ,JO I Real Estate Serg geeaant 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, October 14, 21, 28, 2005 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. Coyne, AND SUBSCRIAED before me this day of October, 2005 _ j t i REAL ESTATE SALE NO. 51 Writ No. 2002-1576 Civil Principal Residential Mortgage, Inc. vs. Linda A. & Bryan J. Mitchell Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract or par- cel of land and premises, situate, lying and being in the Borough of Camp Hill in the County of Cumber- land and Commonwealth of Penn- sylvania, more particularly de- scribed as follows: BEGINNING at a point at the Southerly side of Hawthorne Drive, which point is 740 feet Westwardly from the Southwesterly corner of the intersection of Hawthorne Drive and Thirty-fourth Street, and which point is also at the dividing line be- tween Lots Nos. 33 and 34 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, South 5 degrees 57 minutes East, 105 feet to a point; thence, South 84 degrees 3 minutes West, 75 feet to a point at the dividing line between Lots Nos. 32 and 33 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, North 5 degrees 57 minutes West, 105 feet to a point at the Southerly side of Hawthorne Drive; thence along the Southerly side of Hawthorne Drive, North 84 degrees 3 minutes East, 75 feet to a point, the place of beginning. BEING Lot No. 33 on the Gen- eral Plan of Hollywood Develop- ment, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Penn- sylvania, in Plan Book 7, Page 27. HAVING THEREON ERECTED a dwelling home, known and num- bered as 3439 Hawthorne Drive, Camp Hill, Pennsylvania 17011. TAX PARCEL NUMBER: 21- 0275-040. TITLE TO SAID PREMISES IS VESTED IN Bryan J. Mitchell and Linda A. Mitchell, husband and wife by Deed from Frederick T. Spack- man, single person by his Attorney- in-Fact. F, Joseph Sparkman and Riche Hartz and Kathryn Hartz, also known as Katherine Hartz, husband and wife dated 11/7/2000 and re- corded 11/22/2000 in Deed Book 234 Page 631. PREMISES BEING: 3439 HAW- THORNE DRIVE, 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 25th day(s) of October and the 1st and 8th day(s) of November 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY ...........................?.. W. r s. i. RF?rr. r. s-:tea................. Sworn to and subscri e b ore r. a.this 23rd day of November 2005 A.D. ferry L. Russell, Notary Public City of Harrisburg, Dauphin County 1y Commission IrE_s ;one 6, 2006 NOTARY PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 HEAL ESTATE SALE No. 51 Writ No. 20021578 CIVIITerm Principal Residential Mortgage, inc. Ve Linda A. & Bryan J. Mitchell Arty: Daniel Schrnieg DESCHiPT10N ALL THAT CERTAIN tract a parcel of land and premises, situ-atq lying and being m the Borough of Camp' Hill in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point at the Southerly side of Hawthorne Drive, which point is 740 feet Westwardly from the South-westerly comer of the intersection of Hawthorne Drive and Thirty fourth Street, and which pant is also at the dividing lice between Lots Nos. 33 and 34 on the hereinafter mentioned Plan of Las; thence along the last said dividing line, South 5 degrees 57 minutes EasL 105 feet to a point; thence, South 84 degrees 3 rain-uses West, 75 feet to a point at the dividing line between Lots Nos. 32 and 33 on the hereinafter mentioned Plan of Las; thence along The last said dividing line. North 5 degrees 57 minutes West, 105 feet to a point at he Somberly side of Hawthorne Drive; thence along the Southerly side of Hawthorne Drive, North 94 degrees 3 minutes East, 75 feet to a point the place o RB13INNING. BEING Lot No. 33 on the General Plan of Hollywood Development, which Plan is recorded in the Dice of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in No Book 7, Page 27. HAVING TH IMN ERWIT,D a dwelling home, known and n9rbowd as 3439 Hawthorne Drive, Camp Hill, Pennsylvania 17011. TAX PARCEL #21-0275-040 TITLE TO SAID PREMISES is vested in Bryan J. Mitchell and Linda A. Mitchell, husband and wife, by Deed from PmdwdT. Sparkman, single person, by his Anomey-in-Pact F Joseph Sparkman, and Rickie Hartz and Kathryn Hartz, also known as Katherine Hmq husband and wife, dated I In12000 and recorded I I&MOOD in Deed (took 234 Page 63L PREMISES BEING: 3439 Hawthorne Drive, Camp IRA, PA 17011. (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, V. LINDA A. MITCHELL BRYAN J. MITCHELL Defendant(s). No. 02-1576 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 5/7/02 to SEPTEMBER 6, 2006 (per diem 421.28) Atty. fees and costs TOTAL ? (i_t $129,467.46 $33,686.24 and Costs $11,909.50 $163,153.70 .RA>HEL G. SCHMIEG, $S'C)UI E One Penn Center at Suburban Station \ 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative o 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. q O? W C7 H O ? H A ` 00 O ? P, H } N U1? O ? 4' 07 i cu ? ?-- s r r ? c? c y, 0 a UV F? Q? O d 0 ? o F c ?W U i w d t .°n cl, a. N .C-4 Zz- N ry "? O ? W D+ xx aar AQ x? ? „ 1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-1576 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PRINCIPAL RESIDENTIAL MORTGAGE, INC., Plaintiff (s) From LINDA A. MITCHELL AND BRYAN J. MITCHELL (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 $129,467.46 L.L. Interest FROM 5/7102 TO 916106 (PER DIEM - $21.28) - $33,686.24 AND COSTS Atty's Comm % Atty Paid $2616.41 $11,909.50 Plaintiff Paid Date: MAY 8, 2006 Due Prothy $1.00 Other Costs ATTTY FEES AND COSTS CURTIS . LONG Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Bryan J. Mitchell Bk. No. 1-03-bk-04999 MDF a/k/a Bryan Mitchell Linda A. Mitchell Chapter No. 7 a/k/a Linda Mitchell Debtors Principal Residential Mortgage, Inc. Movant V. Bryan J. Mitchell a/k/a Bryan Mitchell Linda A. Mitchell a/k/a Linda Mitchell and Lawrence G. Frank, Esquire (Trustee) Respondents 11 U.S.C. §362 ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of Principal Residential Mortgage, Inc. (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 3439 Hawthorne Drive, Camp Hill, PA 17011, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 4001(a)(3) is not applicable and Principal Residential Mortgage, Inc. may immediately enforce and implement this Order granting relief from the automatic stay. By the Cowt, B wii! judge (? P Dated: July 13, 2005 This electronic order is signed and fled on the same date. DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Camp Hilt in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point at the Southerly side of Hawthorne Drive, which point is 740 feet Westwardly from the Southwesterly corner of the intersection of Hawthorne Drive and Thirty-fourth Street, and which point is also at the dividing line between Lots Nos. 33 and 34 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, South 5 degrees 57 minutes East, 105 feet to a point; thence, South 84 degrees 3 minutes West, 75 feet to a point at the dividing line between Lots Nos. 32 and 33 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, North 5 degrees 57 minutes West, 105 feet to a point at the Southerly side of Hawthorne Drive; thence along the Southerly side of Hawthorne Drive, North 84 degrees 3 minutes East, 75 feet to a point, the place of beginning. BEING Lot No. 33 on the General Plan of Hollywood Development, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 7, Page 27_ HAVING THEREON ERECTED a dwelling home, known and numbered as 3439 Hawthorne Drive, Camp Hill, Pennsylvania. 11011 TAX PARCEL NUMBER: 21-0275-040 TITLE TO SAID PREMISES IS VESTED IN Bryan J. Mitchell and Linda A. Mitchell, husband and wife by Deed from Frederick T. Sparkman, single person by his Attomey-in-Fact, F. Joseph Sparkman and Rickie Hartz and Kathryn Hartz, also known as Katherine Hartz, husband and wife dated 11/7/2000 and recorded 11/22/2000 in Deed Book 234 Page 631. PREMISES BEING: 3439 HAWTHORNE DRIVE, CAMP HILL, PA 17011 PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, V. LINDA A. MITCHELL BRYAN J. MITCHELL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-1576 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: Q an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 6-1. SCHI G, ESQ 4. G. Attorney for Plaintiff C ° Sri zW, Fc o pm N 3 ( ' PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, V. LINDA A. MITCHELL BRYAN J. MITCHELL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-1576 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) PRINCIPAL RESIDENTIAL MORTGAGE, 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 ,3439 HAWTHORNE DRIVE, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LINDA A. MITCHELL BRYAN J. MITCHELL 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AARON WHITCOMB 119 PISGAH ROAD SHERMANSDALE, PA 17090 1( 0 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. May 1.2006 DATE O o^ cr+L,-; sa -ti y C. r, PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff, V. LINDA A. MITCHELL BRYAN J. MITCHELL Defendant(s). CUMBERLAND COUNTY No. 02-1576 May 1, 2006 TO: LINDA A. MITCHELL 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 BRYAN J. MITCHELL 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at 3439 HAWTHORNE DRIVE, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 6, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $129,467.46 obtained by PRINCIPAL RESIDENTIAL MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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 ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Camp Hilt in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point at the Southerly side of Hawthorne Drive, which point is 740 feet Westwardly from the Southwesterly corner of the intersection of Hawthorne Drive and Thirty-fourth Street, and which point is also at the dividing line between Lots Nos_ 33 and 34 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, South 5 degrees 57 minutes East, 105 feet to a point; thence, South 84 degrees 3 minutes West, 75 feet to a point at the dividing line between Lots Nos. 32 and 33 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, North 5 degrees 57 minutes West, 105 feet to a point at the Southerly side of Hawthorne Drive; thence along the Southerly side of Hawthorne Drive, North 84 degrees 3 minutes East, 75 feet to a point, the place of beginning. BEING Lot No. 33 on the General Plan of Hollywood Development, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 7, Page 27. HAVING THEREON ERECTED a dwelling home, known and numbered as 3439 Hawthorne Drive, Camp Hill, Pennsylvania. 11011 TAX PARCEL NUMBER: 21-0275-040 TITLE TO SAID PREMISES IS VESTED IN Bryan J. Mitchell and Linda A. Mitchell, husband and wife by Deed from Frederick T. Spackman, single person by his Attorney-in-Fact, F. Joseph Spackman and Rickie Hartz and Kathryn Hartz, also known as Katherine Hartz, husband and wife dated 11/7/2000 and recorded 11/22/2000 in Deed Book 234 Page 631_ PREMISES BEING: 3439 HAWTHORNE DRIVE, CAMP HILL, PA 17011 C N ? O O + ? -113 co - x. i its ' m o ? m t AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF PRINCIPAL RESIDENTIAL MORTGAGE, Kio/CQS INC. No. 02-1576 DEFENDANT(S) LINDA A. MITCHELL ACCT. #770033339 BRYAN J. MITCHELL Type of Action SERVE BRYAN J. MITCHELL AT - Notice of Sheriffs Sale 3439 HAWTHORNE DRIVE CAMP IHIJ, PA 17011 Sale Date: SEPTEMBER 6, 2006 SERVED Served and made known to {? fJ r ?Q,1 T • /t•1 i 'f C N e 11 , Defendant, on the 1h day of 1200& at d o'clock fm., at 3 y 34 He -., iVtdM , Commonwealth of Pennsylvania, in the manner described below: personally served. ult family member with whom Defendant(s) reside(s). Name and Relationship is W i 'P T e Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other. Description: AgegK-SS_ 146ghtJL?:lt Weighty Race b./ Sex Other I, h taut C R e b ent-z . a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth heroin, issued in the captioned case on the date and at the address indicated above. t By: Dou--l? \; P?6ESl? i?T>7 ?r SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE v ?„ c, I ea.° s Y ATTEMPTED. FAIR{C!A iS Commission Expires June 16, 2008 NOT SERVED On the day of 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1" Attempt: Time: 2od Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200 _. Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 n Z J Q CIO O ? co AFFIDAVIT OF SERVICE PLAINTIFF PRINCIPAL RESIDENTIAL MORTGAGE, INC. DEFENDANT(S) LINDA A. MITCHELL BRYAN Jr. MITCHELL SERVE LINDA A. MITCHELL AT 3439 HAWTHORNE DRIVE CAMP MLL, PA 17011 SERVED CUMBERLAND COUNTY Vjo/CQS No. 02-1576 ACCT. #770033339 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 6, 2006 Served and made known to 14/18q 19. /Vl 14C h e ll Defendam on the day of ,-tA Q K . 2004, at 9'46 . o'clock ?_.m., at 3 ti 3 q 14 4w4xw' A a o r, Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defeudant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other. Description-. Age?1nS s$- Height S??ld Weight LYO RaceSp/ Sex Other I, 1J Q u, a competent adult, being duly swam according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. of No SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. CkH. E. HAK ?1S Expires June 16, 2008 NOTSERVED On the day of 200_, at o'clock _.m, Defendant NOT FOUND because: _ Moved _ Unknown _ No Answer Vacant Attempt: ! ! Time: 2n° Attempt: Time: 3rd Attempt: I I Time: Sworn to and subscribed before me this „ day of 200 Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - LD. No. 62205 1q Z c? c ? -;-c - Q, =iN i.? t.._ _ - ` . ,m ?r c,? ,, -; _..: ?" Jlrr ? N ?.. :? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PRINCIPAL RESIDENTIAL MORTGAGE, INC Plaintiff, V. LINDA A. MITCHELL BRYAN J. MITCHELL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-1576 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, DANIEL G. SCHMIEG, ESQUIRE, attorney for PRINCIPAL RESIDENTIAL MORTGAGE, INC hereby verifies that on MAY 5, 2006 true and correct copies of the Notice of Sheriffs Sale were served by certificate of mailing to the recorded lienholder(s) and any known interested party. Lw D L G. SCHMIEG, ESQUIRE Attorney for Plaintiff Date: JULY 26, 2006 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. s; S A r.+ ?D Oo J O? In A W N H z to A W N O r ?z 9 a 9 R r 1-2 n 0 N""O S '^ 8u S &?e o 8g y ? 9 roy x O I? a 0 0 z ?O QI I? x sr~ a 0 0 O ro CT1 9 ro O ro O O a U a 0 O O z \+l 7y y r a a W a s B s'_o R 6 G '.,, g?oZF9 8 ?7 02 to 01.250 e ?v?111 $ 0004309825 MAY 05 2006 MAILED FROM ZIPCODE 19103 m oa9 d ryi.? ti a x ~ R A, . G7 ? G A ? ?3 a? ? G1 ~ r ° o° ro r C ± r' , in 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 Veterans Affairs Sec 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 8th day of May, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 1576, at the suit of Principal Resicential Mtn against Linda A Mitchell & Bruan J is duly recorded in Deed Book No. 276, Page 3759. IN TESTIMONY WHEREOF, I have "hereunto set my hand and seal of said office this day of A-L , A.D.o?00 Recorder of Deeds RWOMK d D" Cwn"" Cwq. CwAINe. PA *Cw*"bn Eon" FatMWA"dJlaW0 Principal Residential Mortgage, Inc. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Linda A. Mitchell and Bryan J. Mitchell Writ No. 2002-1576 Civil Term Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on July 7, 2006 at 2:11 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: Linda A. Mitchell, by making known unto Linda Mitchell, personally at 3439 Hawthorne Drive, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Bryan J. Mitchell, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale, and Description as NOT FOUND, as to the defendant, Bryan J. Mitchell. Linda A. Mitchell advised the deputy that her husband Bryan J. Mitchell is deceased. Jessica Hermansen, Deputy Sheriff, who being duly sworn according to law, states that on July 6, 2006 at 11:54 o'clock A.M., she posted a hue copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Linda A. Mitchell and Bryan J. Mitchell located at 3439 Hawthorne Drive, 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: Linda A. Mitchell, by regular mail to their last known address of 3439 Hawthorne Drive, Camp Hill, Pennsylvania 17011. This letter was mailed under the date of July 14, 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 Daniel Schmieg for Secretary of Veterans Affairs, an Officer of the United States of America. It being the best and highest bid, Secretary of Veterans Affairs, an Officer of the United States of America, of 1000 Liberty Avenue, Pittsburgh, PA 15222, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,011.44. Sheriffs Costs: Docketing $30.00 Poundage 19.83 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Prothonotary 1.00 Mileage 26.40 Levy 15.00 Surcharge 30.00 Law Journal 407.00 Patriot News 328.40 Share of Bills 19.31 Distribution of Proceeds 25.00 Sheriff s Deed 39.50 $ 1,011.44 So Answer : .?? R. Thomas Kline, Sheriff BY C aij JY Real Estate Sergeant 30100 all-p- /83 7S8 PRINCIPAL RESIDENTIAL MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS LINDA A. MITCHELL CIVIL DIVISION BRYAN J. MITCHELL NO. 02-1576 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) PRINCIPAL RESIDENTIAL MORTGAGE, 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 ,3439 HAWTHORNE DRIVE, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name LINDA A. MITCHELL BRYAN J. MITCHELL Last Known Address (if address cannot be reasonably ascertained, please indicate) 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AARON WHITCOMB 119 PISGAH ROAD SHERMANSDALE, PA 17090 4. Name and address of last recorded hold-,r 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. May 1, 2006 DATE PRINCIPAL RESIDENTIAL MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, V. No. 02-1576 LINDA A. MITCHELL BRYAN J. MITCHELL Defendant(s). May 1, 2006 TO: LINDA A. MITCHELL BRYAN J. MITCHELL 3439 HAWTHORNE DRIVE 3439 HAWTHORNE DRIVE CAMP HILL, PA 17011 CAMP HILL, PA 17011 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA 7TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 3439 HAWTHORNE DRIVE, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 6, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $129,467.46 obtained by PRINCIPAL RESIDENTIAL MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE 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, PA 17013 (717) 249-3166 DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Camp Hill in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point at the Southerly side of Hawthorne Drive, which point is 740 feet Westwardly from the Southwesterly corner of the intersection of Hawthorne Drive and Thirty-fourth Street, and which point is also at the dividing line between Lots Nos. 33 and 34 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, South 5 degrees 57 minutes East, 105 feet to a point; thence, South 84 degrees 3 minutes West, 75 feet to a point at the dividing line between Lots Nos_ 32 and 33 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, North 5 degrees 57 minutes West, 105 feet to a point at the Southerly side of Hawthorne Drive; thence along the Southerly side of Hawthorne Drive, North 84 degrees 3 minutes East, 75 feet to a point, the place of beginning. BEING Lot No. 33 on the General Plan of Hollywood Development, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 7, Page 27_ HAVING THEREON ERECTED a dwelling home, known and numbered as 3439 Hawthorne Drive, Camp Hill, Pennsylvania-11011 TAX PARCEL NUMBER: 21-0275-040 TITLE TO SAID PREMISES IS VESTED IN Bryan J_ Mitchell and Linda A_ Mitchell, husband and wife by Deed from Frederick T. Spackman, single person by his Attorney-in-Fact, F_ Joseph Spackman and Rickie Hartz and Kathryn Hartz, also known as Katherine Hartz, husband and wife dated 1117/2000 and recorded 11/22/2000 in Deed Book 234 Page 631. PREMISES BEING: 3439 HAWTHORNE DRIVE, CAMP HILL, PA 17011 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA> COUNTY OF CUMBERLAND) NO 02-1576 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PRINCIPAL RESIDENTIAL MORTGAGE, INC., Plaintiff (s) From LINDA A. MITCHELL AND BRYAN J. MITCHELL (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 $129,467.46 L.L. Interest FROM 5/7/02 TO 9/6/06 (PER DIEM - $21.28) - $33,686.24 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $2616.41 Other Costs ATTTY FEES AND COSTS $11,909.50 Plaintiff Paid Date: MAY 8, 2006 (Seal) REQUESTING PARTY: URTIS . LONG Prothonotary By: 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 Deputy Real Estate Sale # 48 On May 31, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, PA Known and numbered as 3439 Hawthorne Drive, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 31, 2006 By: Real Estate Sergeant L Z :8 V 01 OW 9002 C? JJI?3HS -qNl A 301JJC 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 ................. COPY Sworn to and subs ibe of 7thi VANIA .A. I, E #g arial Seal sell, Notary Pu blic pry, Dauphin County Epre, J 7ne 62010 'iz lion of Notaries Z't NOTA PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 REAL ESTATE SALE NO. 48 Writ No. 2002-1576 Civil Tenn Principal Residential Mortgage, Inc. VS Linda A. Mitchell and Bryan J. Mitchell Atty: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Camp Hill in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point at the Southerly side of Hawthorne Drive, which point is 740 feet Westwardly from the Southwesterly comer of the intersection of Hawthorne Drive and Thirty-fourth Street, and which point is also at the dividing line between Lots Nos. 33 and 34 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, South 5 degrees 57 minutes East, 105 feet to a point; thence, South 84 degrees 3 minutes West, 75 feet to a point at the dividing he between Lots Nos. 32 and 33 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, North 5 degrees 57 minutes West, 105 feet to a point at the Southerly side of Hawthorne Drive; thence along the Southerly side of Hawthorne Drive, North 84 degrees 3 minutes East, 75 feet to a point, the place of beginning. Being Lot No. 33 on the General Plan of Hollywood Development, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 7, Page 27. Having thereon erected a dwelling home, known and numbered as 3439 Hawthorne Drive, Camp Hill, Pennsylvania 17011. TAX PARCEL #: 21-0275-040 Title to said premises is vested in Bryan J. Mitchel] and Linda A. Mitchell, husband and wife by Deed from Frederick T. Spackman, single person by his Attorney-in-Fact, F. Joseph Spackman and Rickie Hartz and Kathryn Hartz, also known as Katherine Hartz, husband and wife dated 1 InI2000 and recorded 11!22/2000 in Deed Book 234 Page 631. 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 Coyne, SWORN TO AND SUBSCRIBED before me this 4 day of August, 2006 NOTARIAl= SEAL LOOS E. SNYDER, Notary Public Cariisao 60ro, Cumberland County M Cor-7i'ssion Exo?ires March 5, 2GO9 REAL ESTATE SALE NO. 48 Writ No. 2002-1576 Civil Principal Residential Mortgage, Inc. VS. Linda A. Mitchell and Bryan J. Mitchell Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract or par- cel of land and premises, situate, lying and being in the Borough of Camp Hill in the County of Cum- berland and Commonwealth of Pennsylvania, more particularly de- scribed as follows: BEGINNING at a point at the Southerly side of Hawthorne Drive, which point is 740 feet Westwardly from the Southwesterly corner of the intersection of Hawthorne Drive and Thirty-fourth Street, and which point is also at the dividing line be- tween Lots Nos. 33 and 34 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, South 5 degrees 57 minutes East, 105 feet to a point; thence, South 84 degrees 3 minutes West, 75 feet to a point at the dividing line between Lots Nos. 32 and 33 on the hereinafter mentioned Plan of Lots; thence along the last said dividing line, North 5 degrees 57 minutes West, 105 feet to a point at the Southerly side of Hawthorne Drive; thence along the Southerly side of Hawthorne Drive, North 84 degrees 3 minutes East, 75 feet to a point, the place of beginning. BEING Lot No. 33 on the Gen- eral Plan of Hollywood Develop- ment, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Penn- sylvania, in Plan Book 7, Page 27. HAVING THEREON ERECTED a dwelling home, known and num- bered as 3439 Hawthorne Drive, Camp Hill, Pennsylvania 17011 TAX PARCEL NUMBER: 21- 0275-040. TITLE TO SAID PREMISES IS VESTED IN Bryan J. Mitchell and Linda A. Mitchell, husband and wife by Deed from Frederick T. Spack- man, single person by his Attorney- in-Fact, F. Joseph Spackman and Rickie Hartz and Kathryn Hartz, also known as Katherine Hartz, husband and wife dated 11/7/2000 and re- corded 11/22/2000 in Deed Book 234 Page 631. PREMISES BEING: 3439 Haw- thorne Drive, Camp Hill, PA 17011.