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HomeMy WebLinkAbout06-3764PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 x7172 IRWIN MORTGAGE CORPORATION 10500 KINCAID DRIVE FISHERS, IN 46038 V. Plaintiff LEE R. DUNFEE SUSAN E. DUNFEE 2619 WALNUT BOTTOM ROAD CARISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO.OV - 37LY Gt'0 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 He C 137172 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 137172 1. Plaintiff is IRWIN MORTGAGE CORPORATION 10500 KINCAID DRIVE FISHERS, IN 46038 2. The name(s) and last ]mown address(es) of the Defendant(s) are: LEE R. DUNFEE SUSAN E. DUNFEE 2619 WALNUT BOTTOM ROAD CARISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 07/08/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR IRWIN MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1822, Page: 3419. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File M 137172 6. The following amounts are due on the mortgage: Principal Balance $84,436.72 Interest 2,480.40 01/01/2006 through 06/29/2006 (Per Diem $13.78) Attorney's Fees 0.00 Cumulative Late Charges 25.79 07/08/2003 to 06/29/2006 Cost of Suit and Title Search 550.00 Subtotal $ 87,492.91 Escrow Credit 0.00 Deficit 1,077.59 Subtotal $ 1.077.59 TOTAL $ 88,570.50 9. 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 88,570.50, together with interest from 06/29/2006 at the rate of $13.78 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN tLLINAN & SCHMIEG, LLP r. By: / /Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 137172 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON ERECTED SITUATE IN PENN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF LEGISLATIVE ROUTE NO. 35, ALSO KNOWN AS PENNSYLVANIA ROUTE NO. 465, KNOWN LOCALLY AS THE WALNUT BOTTOM ROAD, AT LINE OF LANDS NOW OR FORMERLY OF AUSTIN E. NAUGLE AND DOROTHY E. NAUGLE, HIS WIFE; THENCE ALONG SAID LINE OF LANDS OF NAUGLE, NORTH 18 DEGREES WEST THROUGH A FENCE LINE EXTENDING ALONG THE NORTHERN PART OF SAID LINE 311 FEET, MORE OR LESS, TO A POST; THENCE THROUGH A FENCE LINE ALONG LANDS NOW OR FORMERLY OF JOHN JACOB CLARK, ET UX, NORTH 64 DEGREES EAST 77 FEET, MORE OR LESS, TO A POST; THENCE STILL ALONG SAID OTHER LANDS NOW OR FORMERLY OF JOHN JACOB CLARK, ET UX AND THROUGH A FENCE LINE EXISTING ALONG THE NORTHERN PART OF SAID PROPERTY LINE AND THROUGH AN IRON STAKE AT THE EASTERN END OF A CEMENT RETAINING WALL NEAR THE SOUTHERN PROPERTY LINE 311 FEET, MORE OR LESS, TO A POINT IN THE CENTER LINE OF THE WALNUT BOTTOM ROAD; THENCE ALONG SAID CENTER LINE, SOUTH 64 DEGREES WEST 77 FEET, MORE OR LESS, TO A POINT, THE PLACE OF BEGINNING. BEING IMPROVED WITH A TWO STORY FRAME DWELLING HOUSE AND OTHER OUTBUILDINGS AND CONTAINING THREE-FOURTHS OF AN ACRE, MORE OR LESS. PARCEL #31-11-0296-007A PROPERTY BEING: 2619 WALNUT BOTTOM ROAD File #: 137172 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of IS Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. / AZ' FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: bz?--4,? , -T ?, Cl AFFIDAVIT OF SERVICE - CUMBERLAND COUNTY(LXH) IRWIN MORTGAGE CORPORATION Plaintiff Vs. LEE R. DUNFEE SUSAN E. DUNFEE Defendant SERVE AT: 13080 FM 1457 SAN ANTONIO, TX 78253 and trade sF.F. R DI iNEFF Defendant on the TS? day of Ju 12000, at vs., at ' 1)?r7lu r 1-I 1-1-a t - cr)1_1 I ' It3/? City in the manner described belo: ? Defendant personally served. -Adult family member with whom Defendant(s) reside(s). Relationship is -Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s) -Agent or person in charge of Defendant's office or usual place of business. _ and officer of said defendant company. Other: I, 0xwR- 6r- a cc etent adult, being duly sworn according to law, depose and state that I personally handed to ( ?. ?1 _ a true and correct copy of the a, 1 r_V+_ iaPnr t?r? It>SwtF onlCiVt? ?Gtlon? 1V?. Cle 3?(pQ th`F NO.I ?1 ?'j Z issued in the captioned case on the date and t The address indicated above. Sworn to and subscribed Before me this 2L day Sprvpd Sv; C.11 Of u( 20eVrvl [l? AT90N Po k, 9tlN of Teor kmftlon E?M7s NOT CF.RVF.D CIDbx 00. P007 day of 20 aVVa lock _.M., Defend t NOT 77Unknovin 6ND beca e: Moved ,No As wer t Other: Sworn to and subscribed Before me the day Of u ( 2006 Notary: Amua? ANDa6ltl4 NATWX 1W a1Qn, , , Ewwn Oo"r049Ea7 TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action NO. 06-3764 File Numbers a77 72 Phelan Hallinan & Schmieg, LLP Attorneys For Plaintiff Francis S. Hallinan, Esquire - I.D.#62695 Suite 1400- One Penn Center Plaza at Suburban Station Philadelphia, PA 19103-1799 (215)563-7000 7? 1 1ZECEIVB? DATE ?; 2?? c d cn D ? 0 „s ?.na N(w, iXW LW:af+QNA " i r W uuP ,yMi,?9 r A \ Yb+q•3 nma?m:na?yM Vl' AFFIDAVIT OF SERVICE - CUMBERLAND COUNTY(LXH) IRWIN MORTGAGE CORPORATION Plaintiff Vs. LEE R. DUNFEE SUSAN E. DUNFEE Defendant SERVE AT: 13080 FM 1957 SAN ANTONIO, TX 78253 TYPE OF ACTION XX_Mortgage Foreclosure XX- Civil Action NO. 06-3764 File Numberl3.ZJZ2? RECE D Y ?Ilzyl?o DATE 25;13 Served and made known to 91 Ts AN R DI TNFFF, Defendant on the Zc) day of 20p§ at F 7Z o'clock?. M., at City in the manner described V -Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s) -Agent or person in charge of Defendant's office or usual place of business. _ and officer of said defendant company. Other: I, -?aMR,1-0 hz , a compet nt adult, being duly sworn according to law, depose and state that I personally handed to E.nan+ _ a true and correct copy of thetC?aAa??oaJ=-cJ cSHarf owsC?iv? ?c°a NO.OIn-3 ((? ?F`j1r? N0. L31C1Z issued in the captioned case on the date and a th address indicated above. Sworn to and subscribed ??^ Before me this ,? tl day Serves; d Task • EWYM W OM 2W NOT SF.RVFl) On the da?of 2 _, at clock _.M., Defendant N FOUND ecause: M ed U own N Answer Scant Other: Sworn to and subscribed Before me the day Of Ok1y 2000 Notary: 16 E E ANDREW J. WATSON No" PLW sum eoTom odoe.r a6.200r Phelan Hallman & Schmieg, LLP Attorneys For Plaintiff Francis S. Hallinan, Esquire - I.D.#62695 Suite 1400- One Penn Center Plaza at Suburban Station Philadelphia, PA 19103-1799 (215)563-7000 o a ?w rrt r •, ' ? ?, y ?? ??, z ?,? _ --a 7 ? ? - " n : : C - ? :? r -c , ?L ? O ? 2 ? ? . ? ?. v y v ?.,q v rtlM ?M?Cb.C.C(. Wl?!Y?(1 ' PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 IRWIN MORTGAGE CORPORATION 10500 KINCAID DRIVE FISHERS, IN 46038 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. LEE R. DUNFEE SUSAN E. DUNFEE Defendant(s). CIVIL DIVISION NO. 06-3764 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against LEE R. DUNFEE and SUSAN E. DUNFEE, 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 6/30/06 to 8/28/06 TOTAL $88,570.50 $826.80 $89,397.30 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. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: pI ;L06(v PRO PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (Z) 563-7000 IRWIN MORTGAGE CORPORATION : COURT OF COMMON PLEAS Plaintiff Vs. LEE R. DUNFEE SUSAN E. DUNFEE Defendants TO: LEE R. DUNFEE 13080 FM 1957 SAN ANTONIO, TX 78253 DATE OF NOTICE: AUGUST 16 2006 NO. 06-3764 CIVIL TERM 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 TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 ? `` CIVIL DIVISION : CUMBERLAND COUNTY FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By. Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 IRWIN MORTGAGE CORPORATION Plaintiff Vs. LEE R. DUNFEE SUSAN E. DUNFEE Defendants TO: SUSAN E. DUNFEE 13080 FM 1957 SAN ANTONIO, TX 78253 DATE OF NOTICE: AUGUST 16 2006 : NO. 06-3764 CIVIL TERM 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 TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET ^ry CARLISLE, PA 17013 (800)990-9108 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 IRWIN MORTGAGE CORPORATION 10500 KINCAID DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. LEE R. DUNFEE SUSAN E. DUNFEE Defendant(s). CIVIL DIVISION NO. 06-3764 VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant LEE R. DUNFEE is over 18 years of age and resides at, 13080 FM 1957, SAN ANTONIO, TX 78253. (c) that defendant SUSAN E. DUNFEE is over 18 years of age, and resides at, 13080 FM 1957, SAN ANTONIO, TX 78253. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ,W 121 H, 11 DANIEL G. S HMIEG, ESQUIRE Attorney for Plaintiff 1 N O N i4. C V Pte' ? o -n c I7 ^? D (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IRWIN MORTGAGE CORPORATION 10500 KINCAID DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. LEE R. DUNFEE SUSAN E. DUNFEE Defendant(s). CIVIL DIVISION NO. 06-3764 Notice is given that a Judgment in the above-captioned matter has been entered against you on 4" -2 6 200 L <i By: If you have any questions concerning this matter, please contact: k DANIEL G. SCHMIEG, ESQUIRE( Attorney for Plaintiff v 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.*" PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 IRWIN MORTGAGE CORPORATION Plaintiff, V. No. 06-3764 LEE R. DUNFEE SUSAN E. DUNFEE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 8/28/06 to 1216106 (per diem -$14.70) TOTAL $89,397.30 $1,470.00 and Costs $90,867.30 DANIEL G. SCHMIEG, 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. IMPORTANT NOTICE plaintiff. It m the plaintiff stayed in the present at th This property is sold at the direction of the not be sold in the absence of a representative of at the Sheriff's Sale. The sale must be postponed or event that a representative of the plaintiff is not sale. O? W? ag O ?a O? U ?a00 r7 O? xW F? U >- q o cn F- a ,. r . Q Lll ti w z ._ n J ° v O F O O a O x r a W w? AA d?W W vi ap v z 'o ? 0 Li Z? L; Of) O a U W h iy o O? O? w? a U a? a 4 O w en M tn h N N 00 Go n n FF 00 00 z? d ww Go M M d d a T 9 a c. N Ot 4 a Cx WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3764 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due IRWIN MORTGAGE CORPORATION, Plaintiff (s) From LEE R. DUNFEE AND SUSAN E. DUNFEE (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 $89,397.30 L.L. $.50 Interest FROM 8/28/06 TO 12/6/06 (PER DIEM - $14.70) - $1,470.00 AND COSTS Atty's Comm % Atty Paid $140.40 Plaintiff Paid Date: AUGUST 30, 2006 Due Prothy $1.00 Other Costs CURT LONG Prothonotary (Seal) 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 By: Deputy Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF IRWIN MORTGAGE CORPORATION Plaintiff, V. LEE R. DUNFEE SUSAN E. DUNFEE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3764 Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage O 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 unworn falsification to authorities. A , o Y. ACD DANIEL G. SCHMIEG, ESQUIRE I??JJI Attorney for Plaintiff i W S? Q C ) 42 _ _ _c, j co r ? IRWIN MORTGAGE CORPORATION Plaintiff, V. LEE R. DUNFEE SUSAN E. DUNFEE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3764 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) IRWIN MORTGAGE CORPORATION, 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 2619 WALNUT BOTTOM ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LEE R. DUNFEE SUSAN E. DUNFEE 13080 FM 1957 SAN ANTONIO, TX 78253 13080 FM 1957 SAN ANTONIO, TX 78253 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) None 1 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) FCC ACCEPTANCE CORP. 12740 HILLCREST DRIVE DALLAS, TX 75230 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 2619 WALNUT BOTTOM ROAD CARLISLE, PA 17013 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 28, 2006 /A& A fl d • L 1('?j? DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff r, ? o CD i Jrn -i (n { C:) IRWIN MORTGAGE CORPORATION Plaintiff, V. LEE R. DUNFEE SUSAN E. DUNFEE Defendant(s). CUMBERLAND COUNTY No. 06-3764 August 28, 2006 TO: LEE R. DUNFEE 13080 FM 1957 SAN ANTONIO, TX 78253 SUSAN E. DUNFEE 13080 FM 1957 SAN ANTONIO, TX 78253 "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 BANKR UPTCYAND 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 ALIEN AGAINST PROPERTY.'" Your house (real estate) at, 2619 WALNUT BOTTOM ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on DECEMBER 6, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $89,397.30 obtained by IRWIN MORTGAGE CORPORATION (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. 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 (800) 990-9108 LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center line of Legislative Route No. 35, also known as Pennsylvania Route No. 465, known locally as the Walnut Bottom Road, at line of lands now or formerly of Austin E. Naugle and Dorothy E. Naugle, his wife; thence along said line of lands of Naugle, North 18 degrees West through a fence line extending along the northern part of said line 311 feet, more or less, to a post; thence through a fence line along lands now or formerly of John Jacob Clark, et ux, North 64 degrees East 77 feet, more or less, to a post; thence still along said other lands now or formerly of John Jacob Clark, et ux and through a fence line existing along the northern part of said property line and through an iron stake at the eastern end of a cement retaining wall near the southern property line 311 feet, more or less, to a point in the center line of the Walnut Bottom Road; thence along said center line, South 64 degrees West 77 feet, more or less, to a point, the place of BEGINNING. BEING improved with a two story frame dwelling house and other outbuildings, and containing three-fourths of an acre, more or less. BEING the same premises which James W. Saracina and Minka A. Saracina, husband and wife, by Deed dated October 17, 1979, recorded in Cumberland County, in Deed Book S 28, page 176, conveyed unto Ronald L. Klinger and Karen S. Klinger, husband and wife. PARCEL IDENTIFICATION NO: 31-11-0296-007A PREMISES BEING: 2619 WALNUT BOTTOM ROAD, CARLISLE, PA 17013. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Lee R. Dunfee and Susan E. Dunfee, husband and wife, as tenants by the entireties, by Deed from Ronald L. Klinger and Karen S. Klinger, husband and wife, dated 06/25/1984, recorded 05/16/1985, in Deed Book 31-G, page 338. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Ronald L. Klinger and Karen S. Klinger, his wife, by Deed from James W. Saracina and Minka A. Saracina, his wife, dated 10/17/1979, recorded 10/18/1979, in Deed Book 5-28, page 176. h n C7 O? !i F O m J C> C] r Yij ` M SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-03764 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IRWIN MORTGAGE CORPORATION VS DUNFEE LEE R ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT DUNFEE LEE R but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , DUNFEE LEE R 2619 WALNUT BOTTOM ROAD CARLISLE, PA 17013 2619 WALNUT BOTTOM ROAD IS VACANT. Sheriff's Costs: So ans?`?- Docketing 18.00 ". v., Service 4.40 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County 37.40/ PHELAN HALLINAN SCHMIEG '7,.-6-64 07/13/2006 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-03764 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IRWIN MORTGAGE CORPORATION VS DUNFEE LEE R ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT DUNFEE SUSAN E but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , DUNFEE SUSAN E 2619 WALNUT BOTTOM ROAD CARLISLE, PA 17013 2619 WALNUT BOTTOM ROAD IS VACANT. NOT FOUND , as to Sheriff's Costs: So answers; Docketing 6.00 Service .00 '"- ?: Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00v-" PHELAN HALLINAN SCHMIEG r? 7, a`,0(, 07/13/2006 Sworn and Subscribed to before me this day of , A. D. PLAINTIFF AFFIDAVIT OF SERVICE IRWIN MORTGAGE CORPORATION DEFENbANT(S) LEE R. DUNFEE SUSAN E. DUNFEE SERVE: LEE R. DUNFEE 13080 FM 1957 SAN ANTONIO, TX 78253 CUMBERLAND COUNTY No. 06-3764 NM j3-7 rl a ACCT. #76528363 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 6, 2006 SERVED Served and made known to ?81 ?• LJce?ti.[ L , Defendant, on the //: -!r', o'clock A.m., at in the manner described below: day of'?-' 2004 at Commonwealth of Pennsylvania, Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is 1* )kG -/4.,-.' - 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 Height Weight Race Sex Other I, A14,1z-,,a GOo- , 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 subscri ed before me this day oP'"' 200 Notary: y: 2u?'? C S M RVICE T LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. I-• SPAY ueAA4. ROBERT C. HILL t NOT SERVED NOTARY PUBLIC On the q * tats of Texas , tog, 200_, at . Moved 1st Attempt: Unknown No Answer Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 1200 Notary: By: o'clock _.m., Defendant NOT FOUND because: Vacant 2"d Attempt: / / Time: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY 'PLAINTIFF IRWIN MORTGAGE CORPORATION LLD No. 06-3764 ?{ DEFENDANT(S) LEE R. DUNFEE ? 'ls-# 1-3n !-I SUSAN E. DUNFEE ACCT. #76528363 tc? SERVE: SUSAN E. DUNFEE Type of Action 13080 FM 1957 - Notice of Sheriffs Sale SAN ANTONIO, TX 78253 Sale Date: DECEMBER 6, 2006 SERVED Served and made known to o?j ` am A > ? e , Defendant, on the day of , 200 (e, at //: 5-7, o'clock ,4.m., at &OY o , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. ,L _Adult family member with whom Defendant(s) reside(s). Name and Relationship is M, kel- -Z,, ? - - ?? - 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 Height Weight Race Sex Other I, Oa r,?q A-e -C e6n? 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 address indicated above. Sworn to and subscri ed before me this ay of 4EAU NoBy:EAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE E AT L ATTEMPTED. . r ................................. %,? ROBERT C. HILL NOTARY PUBLIC t NOT SERVED State of Texas gn. P Exp. 11/23/2006 On the _ , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1St Attempt: Time: 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 1200-. Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire I.D. No. 62205 ('1 r-s ?-, ? i C? '- ?_ --rt < i; C... ?-"r] i1,1 _ _ ? L ? `_ } ?? _ •. ?'-1 _.. ?? i •1 "w. ?\. 7•' 1 V ..?J << SALE DATE: DECEMBER 6, 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IRWIN MORTGAGE CORPORATION No.: CARLISLE, PA 17013 VS. LEE R. DENFEE SUSAN E. DUNFEE AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: ,2619 WALNUT BOTTOM ROAD. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCHMIEG, ESQUIRt Attorney for Plaintiff November 3, 2006 --* • to i? w N p ?D OD ?1 Qti V ? W N ? a 2 r- -3 '& ? r rn ? ? A n n ? o I. 0 g 4 1- a o ° o ? d z o ? ? o r d ? ? ? w ? i w la ? ^ S R ? N N a1 e. a T ?? i1 ? i ?r a w Ilia ? a o W V ? a ?` pn1[v.ROb?Es 7 02 IM $ : ;YDl 00 .. ,: . 0004218010 AUG28 2006 MAILED FROM ZIP CODE 19103 .8 !V tA cog R R I o?P-x ? tiL L fib M We p+ n W 3- c o ;•o 0 t t t?-??, :? --;, `?'.j ?t?'s.R_ t 4- ,.?q^ V l .y . r ?' y ?w .? Irwin Mortgage Corporation VS Lee R. Dunfee and Susan E. Dunfee In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-3764 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff s Costs: Docketing $30.00 Poundage 19.97 Posting Handbills 15.00 Mileage 7.92 Certified Mail 12.14 Law Journal 473.00 Patriot News 362.66 Postpone Sale 20.00 Law Library .50 Prothonotary 1.00 Advertising 15.00 Levy 15.00 Share of Bills 15.94 Surcharge 30.00 $1,018.13 ? So R. Thomas Kline, Sheriff BY p 1 Real Estate ergeant 3ldt,fb7 ? - 1 M 5 7 80 Rc"1906 0 f IRWIN MORTGAGE CORPORATION Plaintiff, V. LEE R. DUNFEE SUSAN E. DUNFEE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3764 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) IRWIN MORTGAGE CORPORATION, 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,2619 WALNUT BOTTOM ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name LEE R. DUNFEE SUSAN E. DUNFEE Last Known Address (if address cannot be reasonably ascertained, please indicate) 13080 FM 1957 SAN ANTONIO, TX 78253 13080 FM 1957 SAN ANTONIO, TX 78253 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) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) FCC ACCEPTANCE CORP. 12740 HILLCREST DRIVE DALLAS, TX 75230 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 2619 WALNUT BOTTOM ROAD CARLISLE, PA 17013 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 28, 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff s ? =zI d i E 9nV 9001 J Id3HS --?f±l A J; I AJC! 4 IRWIN MORTGAGE CORPORATION Plaintiff, V. LEE R. DUNFEE SUSAN E. DUNFEE Defendant(s). TO: LEE R. DUNFEE August 28, 2006 13080 FM 1957 SAN ANTONIO, TX 78253 CUMBERLAND COUNTY No. 06-3764 SUSAN E. DUNFEE 13080 FM 1957 SAN ANTONIO, TX 78253 "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 AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 2619 WALNUT BOTTOM ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on DECEMBER 6, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $89,397.30 obtained by IRWIN MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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 (800) 990-9108 LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center line of Legislative Route No. 35, also known as Pennsylvania Route No. 465, known locally as the Walnut Bottom Road, at line of lands now or formerly of Austin E. Naugle and Dorothy E. Naugle, his wife; thence along said line of lands of Naugle, North 18 degrees West through a fence line extending along the northern part of said line 311 feet, more or less, to a post; thence through a fence line along lands now or formerly of John Jacob Clark, et ux, North 64 degrees East 77 feet, more or less, to a post; thence still along said other lands now or formerly of John Jacob Clark, et ux and through a fence line existing along the northern part of said property line and through an iron stake at the eastern end of a cement retaining wall near the southern property line 311 feet, more or less, to a point in the center line of the Walnut Bottom Road; thence along said center line, South 64 degrees West 77 feet, more or less, to a point, the place of BEGINNING. BEING improved with a two story frame dwelling house and other outbuildings, and containing three-fourths of an acre, more or less. BEING the same premises which James W. Saracina and Minka A. Saracina, husband and wife, by Deed dated October 17, 1979, recorded in Cumberland County, in Deed Book S 28, page 176, conveyed unto Ronald L. Klinger and Karen S. Klinger, husband and wife. PARCEL IDENTIFICATION NO: 31-11-0296-007A PREMISES BEING: 2619 WALNUT BOTTOM ROAD, CARLISLE, PA 17013. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Lee R. Dunfee and Susan E. Dunfee, husband and wife, as tenants by the entireties, by Deed from Ronald L. Klinger and Karen S. Klinger, husband and wife, dated 06/25/1984, recorded 05/16/1985, in Deed Book 31-G, page 338. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Ronald L. Klinger and Karen S. Klinger, his wife, by Deed from James W. Saracina and Minka A. Saracina, his wife, dated 10/17/1979, recorded 10/18/1979, in Deed Book S-28, page 176. 8 ? 0 d { [ 9AV 96OZ `,k, iu>, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-3764 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due IRWIN MORTGAGE CORPORATION, Plaintiff (s) From LEE R. DUNFEE AND SUSAN E. DUNFEE (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 $89,397.30 L.L. $.50 Interest FROM 8/28/06 TO 12/6/06 (PER DIEM - $14.70) -- $1,470.00 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $140.40 Plaintiff Paid Date: AUGUST 30, 2006 (Seal) Other Costs URTIS R. LONG Prothonotary 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 Real Estate Sale # 67 On September 11, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Penn Township, Cumberland County, PA Known and numbered as 2619 Walnut Bottom Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 11, 2006 By•?10 Real Estat Sergeant Cim rC? 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 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 ...................1... . .............................. COPY Sworn to and su c ?d4be e n6"6;%&4c?GP'r L?A%k, SALE #67 Notarial Sea' Terry L. Russell, Notary Public City Of Harrisburg, Dauphin Gwrpty r PannsO ra.,ni?PssnCi ylr?of Notaries NOTARY PUBLIC w ' CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 41W WA &e *ftw if Ae® 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: October 20, October 27 and November 3, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. is arie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 3 day of November, 2006 I TARAL SEAL V LOIS E. SNYDER, Notary Pubks Carksle Boro, Cumberland County My Commission Expires March 5,2W9 REAL ESTATE SALE NO. 67 Writ No. 2006-3764 Civil Irwin Mortgage Corporation VS. Lee R. Dunfee and Susan E. Dunfee Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected situate in Penn Township, Cumber- land County, Pennsylvania, bound- ed and described as follows: BEGINNING at a point in the cen- ter line of Legislative Route No. 35, also known as Pennsylvania Route No. 465, known locally as the Wal- nut Ba tom. g," at Une of lands now or formerly of Austin E. Naugle and Dorothy E. Naugle, his wife; thence along said line of lands of Naugle, North 18 degrees West through a fence line extending along the northern part of said line 311 feet, more or less, to a post; thence through a fence line along lands now or formerly of John Jacob Clark, et ux, North 64 degrees East 77 feet, more or less, to a post; thence still along said other lands now or for- merly of John Jacob Clark, et ux and through a fence line existing along the northern part of said prop- erty line and through an iron stake at the eastern end of a cement re- taining wall near the southern prop- erty line 311 feet, more or less, to a point in the center line of the Wal- nut Bottom Road; thence along said center line, South 64 degrees West 77 feet, more or less, to a point, the place of BEGINNING. BEING improved with a two story frame dwelling house and other out- buildings, and containing three- fourths of an acre, more or less. BEING the same premises which James W. Saracina and Minka A. Saracina, husband and wife, by Deed dated October 17, 1979, re- corded in Cumberland County, in Deed Book S 28, page 176, con- veyed unto Ronald L. Klinger and Karen S. Klinger, husband and wife. PARCEL IDENTIFICATION NO: 31-11-0296-007A. PREMISES BEING: 2619 WAL- NUT BOTTOM ROAD, CARLISLE, PA 17013. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Lee R. Dunfee and Su- san E. Dunfee, husband and wife, as tenants by the entireties, by Deed from Ronald L. Klinger and Karen S. Klinger, husband and wife, dated 06/25/1984, recorded 05/ 16/1985, in Deed Book 31-G, page 338. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Ronald L. Klinger and Karen S. Klinger, his wife, by Deed from James W. Saracina and Minka A. Saracina, his wife, dated 10/17/ 1979, recorded 10/18/1979, in Deed Book S-28, page 176.