Loading...
HomeMy WebLinkAbout06-7028PHELAN 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 144479 COUNTRYWIDE HOME LOANS, INC. 400 COUNTRYWIDE WAY SIMI VALLEY, CA 93065-6298 Plaintiff V. JOSEPH E. CONNOLLY 5585 BARBARA DRIVE HAMPDEN TOWNSHIP, PA 17050 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM 2 8 C?c ut-l Tw-. NO. O G- '70 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 File #: 144479 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 #: 144479 Plaintiff is COUNTRYWIDE HOME LOANS, INC. 400 COUNTRYWIDE WAY SIMI VALLEY, CA 93065-6298 2. The name(s) and last known address(es) of the Defendant(s) are: JOSEPH E. CONNOLLY 5585 BARBARA DRIVE HAMPDEN TOWNSHIP, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 03/08/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR HOME LOAN CENTER, INC., D/B/A LENDING TREE LOANS which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1903, Page: 469. 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 07/20/2006 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 #: 144479 6. The following amounts are due on the mortgage: Principal Balance $73,990.00 Interest 4,368.65 06/20/2006 through 12/05/2006 (Per Diem $25.85) Attorney's Fees 1,250.00 Cumulative Late Charges 443.92 03/08/2005 to 12/05/2006 Cost of Suit and Title Search 550.00 Subtotal $ 80,602.57 Escrow Credit 0.00 Deficit 0.00 Subtotal 0.00 TOTAL $ 80,602.57 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 80,602.57, together with interest from 12/05/2006 at the rate of $25.85 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN ll& SCHMIEG, LLP 11 ' l4^ By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 144479 LEGAL DESCRIPTION ALL that certain piece, parcel or lot of land, together with improvements, situated in Hampden Township, Cumberland County, Pennsylvania, and bounded and described as follows: BEGINNING at a point on the Northern right-of-way line of Barbara Drive (50.00 feet wide), said point being located at the Southwestern corner of Lot No. 302; then along said right-of-way line on the arc of a circle curving to the left, having a radius of 175.00 feet, and an arc length of 90.00 feet, to a point at the Northeastern corner of Lot No. 299; then along the Northern boundary line of Lot No. 299, North 59 degrees 27 minutes 07 seconds West, for a distance of 239.06 feet, to a point on the Southern right-of-way line of Skyport Road (50.00 feet wide); then along said right-of-way line of Skyport Road on the arc of a circle curving to the right, having a radius of 1,243.24 feet, and an arc length of 209.04 feet to a point; then on the arc of a circle curving to the right, having a radius of 3,139.63 feet, and an arc length of 29.25 feet, to a point at the Northwestern corner of Lot No. 302; then along the Western boundary line of Lot No. 302, South 29 degrees 59 minutes 07 seconds East, for a distance of 139.69 feet, to a point and the place of BEGINNING. This piece, parcel or lot of land contains approximately 24,765.30 square feet of land, has an address of 5585 Barbara Drive, Mechanicsburg, Pennsylvania 17050, and is known and numbered as Lot No. 301 on the Final Subdivision Plan for Good Hope Farms South - Phase V, which is recorded in Cumberland County in Plan Book 79, Page 91. BEING A PART of the same premises which Thomas W. Gaughen, d/b/a TWG Real Estate Management Services, conveyed to The McNaughton Company, a Pennsylvania Corporation, by deed dated October 5, 1994 and recorded in Cumberland County in Record Book 112, Page 1058. UNDER AND SUBJECT TO: (a) Any and all easements, licenses, leases, exceptions, reservations, covenants, agreements, conveyances and restrictions which effect the premises and are visible by inspection of the premises. (b) Any and all easements, licenses, leases, exceptions, reservations, covenants, agreements, conveyances and restrictions contained in any and all prior documents, agreements, instruments, deeds, grants and conveyances affecting the premises. (c) The Declaration of Covenants and Restrictions, recorded in Cumberland County in Miscellaneous Book 626, Page 182 as may be applicable to the above described property. TOGETHER with all and singular the Streets, Alleys, Passages, Ways, Waters, Watercourses, Rights, Liberties, Privileges, Hereditaments and Appurtenances whatsoever thereunto belonging or in anywise appertaining, and the Reversions and Remainders, Rents, Issues and Profits thereof; and all the Estate right, title, interest, property, claim and demand whatsoever of the GRANTOR, in law, equity, or otherwise howsoever, of, in and to the same and every party thereof. PREMISES BEING 5585 BARBARA DRIVE File #: 144479 G . 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. 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. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: 01!510(a N n LAX Fri L 'L=a rv - f-n <_ s? CtJ 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 COUNTRYWIDE HOME LOANS, INC. 400 COUNTRYWIDE WAY CUMBERLAND CO' SIMI VALLEY, CA 93065-6298 COURT OF COMM4 Plaintiff, CIVIL DIVISION V. NO. 06-7028-CIVIL JOSEPH E. CONNOLLY Defendant(s). . PRAECIPE FOR IN REM JUDGMENT FOR FAILURE ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: PLEAS Kindly enter an in rem judgment in favor of the Plaintiff and against JOSE E. CONNOLL Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days fr m service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs dama es as follows: As set forth in Complaint Interest from 12/6/06 to 1/22/07 TOTAL $80,602.57 $1,240.80 $81,843.37 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 1 x,607 PRO PRO above, and 144479 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 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY JOSEPH E. CONNOLLY Defendants :NO. 06-7028-CIVIL TERM TO: JOSEPH E. CONNOLLY 5585 BARBARA DRIVE LE ' FI HAMPDEN TOWNSHIP, PA 17050 DATE OF NOTICE: JANUARY 4, 2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS OTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO REIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURP SE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPON ENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DE T, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN AP EARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFER ISES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHINTDAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HE RING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT VE 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 P OVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PE SONS 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 F NCIS S. HALL AN, ESQUIRE Attorneys for Plaintiff 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 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. JOSEPH E. CONNOLLY Defendant(s). ATTORNEY FOR CUMBERLAND COURT OF COP CIVIL DIVISION NO. 06-7028-CIVIL CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attor the above-captioned matter, and that the premises are not subject to the provisions because it is: O an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 re falsification to authorities. DANIEL G. SCHMIEG, Attorney for Plaintiff y for the Plaintiff in 'Act 91 to unsworn PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PL ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. 400 COUNTRYWIDE WAY CUMBERLAND CO COURT OF COMM, Plaintiff, CIVIL DIVISION V. NO. 06-7028-CIVIL' JOSEPH E. CONNOLLY Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attoi the above-captioned matter, and that on information and belief, he has knowledge to wit: (a) that the defendant(s) is/are not in the Military or Naval Service or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil I of 1940, as amended. (b) that defendant JOSEPH E. CONNOLLY is over 18 years of a 5585 BARBARA DRIVE, HAMPDEN TOWNSHIP, PA 17050. for the Plaintiff in ie following facts, United States Act of Congress and resides at , This statement is made subject to the penalties of 18 Pa. C.S. Section I 904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff ?ra n ? d lei c.? t -? E (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS, INC. 400 COUNTRYWIDE WAY CUMBERLAND CC COURT OF COMM Plaintiff, CIVIL DIVISION V. NO. 06-7028-CIVIL JOSEPH E. CONNOLLY Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered age 2002. By: K ? ' a If you have any questions concerning this matter, please contact: PLEAS you on DANIEL G.,S HMIEG, ES 1 Attorney for Plaintiff ONE PENN CENTER AT SUBU: AN STATION 1617 JOHN F. KENNEDY BLVD. SUITE 1400 PHILADELPHIA, PA 19103-1811 (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 RECEIVE A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS OT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORC; MENT OF A LIEN AGAINST PROPERTY." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FO P.R.C.P. 3180-3183 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. . No. 06-7028-CIVIL JOSEPH E. CONNOLLY Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 1/22/07 to JUNE 13, 2007 (per diem -$13.45) TOTAL DANIEL G. SCHMIEG, ESQUI One Penn Center at Suburban Statio 1617 John F. Kennedy Boulevard, Suite Philadelphia, PA 19103-1814 Attorney for Plaintiff $81,843.37 $1,909.90 and $83,753.27 0 M /, . Note: Please attach description of property.No. OSURE) 400 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. 144479 0z O da V ? a az z a ?? Z W 0 a w z O O V Z C y U OU A z W O c ? ? O ?+ ti a W? H ? V W H ? O U t. _.., 4J i-a 1 V 4 V v w "b a ? 0 .j1d 0 0 a a•a x 0 H z w A a x W A ?a 00 d \J V v L, "or b i. a. rn eZt V~ 3 w N C? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-7028 Civil COUNTY OF CUMBERLAND) CIVIL ACTIO - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., P aintiff (s) From JOSEPH E. CONNOLLY (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 poss ssion of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enj fined from paying any debt to or for the account of the defendant (s) and from delivering any property of th defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the poss ssion of anyone other than a named garnishee, you are directed to notify him/her that he/she has been dded as a garnishee and is enjoined as above stated. Amount Due $81,843.37 L.L. $.50 Interest FROM 1/22/07 TO 6/13/07 (PER DIEM - $13.45) -- $1,909.90 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $134.80 Other Costs Plaintiff Paid Date: JANUARY 31, 2007 R. Long, (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 COUNTRYWIDE HOME LOANS, INC. R CUMBERLAND COUN Plaintiff, V. COURT OF COMMON JOSEPH E. CONNOLLY CIVIL DIVISION Defendant(s). NO. 06-7028-CIVIL TEl AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS, INC., Plaintiff in the above action, by its att ey, 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 5585 BARBARA DRIVE, HAMPDEP TOWNSHIP, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name JOSEPH E. CONNOLLY Last Known Address (if address caot be reasonably ascertained, please indic te) 5585 BARBARA DRIVE HAMPDEN TOWNSHIP, PA 1 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 property to be sold: Name Last Known Address (if address reasonably ascertained, please it lien on the real t be 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 indi ate) None 5. Name and address of every other person who has any record lien on the property Name Last Known Address (if address c4nnot be reasonably ascertained, please ind' ate) 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 c4nnot be reasonably ascertained, please ind' ate) None 7. Name and address of every other person of whom the plaintiff has knowledge w has any interest in the property which may be affected by the sale: Name Last Known Address (if address c nnot be reasonably ascertained, please indicate) Tenant/Occupant 5585 BARBARA DRIVE HAMPDEN TOWNSHIP, PA 1 050 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania PO Box 2675 Department of Welfare Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the be t of my personal knowledge or information and belief. I understand that false statements herein are ade subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 22, 2007 DATE DANIEL G. SCHMIEG, E IRF Attorney for Plaintiff L ? {,?. r ?_ __ , v: COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. JOSEPH E. CONNOLLY Defendant(s). CUMBERLAND CO No. 06-7028-CIVIL `1 January 22, 2007 TO: JOSEPH E. CONNOLLY 5585 BARBARA DRIVE HAMPDEN TOWNSHIP, PA 17050 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AN ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEl D A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD AJOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY * * Your house (real estate) at, 5585 BARBARA DRIVE, HAMPDEN is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court j obtained by COUNTRYWIDE HOME LOANS, INC. (the mortgagee) age sale is continued, an announcement will be made at said sale in compliance i 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: OWNSHIP, PA 17050, the Cumberland County gment of $81,843.37 ist you. In the event the h Pa.R.C.P., Rule 3I29.2 1. The sale will be cancelled if you pay to the mortgagee the ck payments, late charges costs and reasonable attorney's fees due. To find out how uch you must pay, you mE call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition askin the Court to strike or open judgment, if the judgment was improperly entered. You ay also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal You may need an attorney to assert your rights. The sooner you contact one, you will have of stopping the sale. (See notice on page two on how to obtain an attoi ABLE TO SAVE YOUR 1 RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. more chance 1. If the Sheriffs Sale is not stopped, your property will be sold to the highes 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 I as 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 ue 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 remai 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 and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal I you. 6. You may be entitled to a share of the money which was paid for your hou! distribution of the money bid for your house will be filed by the Sheriff within 30 da schedule will state who will be receiving that money. The money will be paid out in this schedule unless exceptions (reasons why the proposed distribution is wrong) are Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YO' A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE O BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It in the absence of a representative of the plaintiff at the Sheriffs Sale. The sal postponed or stayed in the event that a representative of the plaintiff is not p'E CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 to the Sheriff edings to evict A schedule of of the sale. This cordance with ed with the back, if you act DO NOT HAVE TICE LISTED iay not be sola ' must be ent at the sale. V LEGAL DESCRIPTION ALL that certain piece, parcel or lot of land, together with improvements, situated in Hampden Cumberland County, Pennsylvania, and bounded and described as follows: BEGINNING at a point on the Northern right-of-way line of Barbara Drive (50.00 feet wide), s located at the Southwestern corner of Lot No. 302; then along said right-of-way line on the arc of a circl left, having a radius of 175.00 feet, and an arc length of 90.00 feet, to a point at the Northeastern corner then along the Northern boundary line of Lot No. 299, North 59 degrees 27 minutes 07 seconds West, fo 239.06 feet, to a point on the Southern right-of-way line of Skyport Road (50.00 feet wide); then along sa line of Skyport Road on the arc of a circle curving to the right, having a radius of 1,243.24 feet, and an ar 209.04 feet to a point; then on the arc of a circle curving to the right, having a radius of 3,139.63 feet, and 29.25 feet, to a point at the Northwestern corner of Lot No. 302; then along the Western boundary line of South 29 degrees 59 minutes 07 seconds East, for a distance of 139.69 feet, to a point and the place of BE I point being curving to the f Lot No. 299; a distance of A right-of-way length of an are length of of No. 302, This piece, parcel or lot of land contains approximately 24,765.30 square feet of land, has an address of 55P5 Barbara Drive, Mechanicsburg, Pennsylvania 17050, and is known and numbered as Lot No. 301 on the Final Su vision P1an for Good Hope Farms South - Phase V, which is recorded in Cumberland County in Plan Book 79, Page 91. BEING A PART of the same premises which Thomas W. Gaughen, d/b/a TWG Real Estate Management rvices, conveyed to The McNaughton Company, a Pennsylvania Corporation, by deed dated October 5, 1994 and r corded in Cumberland County in Record Book 112, Page 1058. UNDER AND SUBJECT TO: (a) Any and all easements, licenses, leases, exceptions, reservations, covenants, agreements, conveyan s and restrictions which effect the premises and are visible by inspection of the premises. (b) Any and all easements, licenses, leases, exceptions, reservations, covenants, agreements, conveyanc and restrictions contained in any and all prior documents, agreements, instruments, deeds, grants and conveyance affecting the premises. (c) The Declaration of Covenants and Restrictions, recorded in Cumberland County in Miscellaneous Bo k 626, Page 182 as may be applicable to the above described property. TOGETHER with all and singular the Streets, Alleys, Passages, Ways, Waters, Watercourses, Rights, Libertie , Privileges, Hereditaments and Appurtenances whatsoever thereunto belonging or in anywise appertaining, and the Reversions and Remainders, Rents, Issues and Profits thereof; and all the Estate right, title, interest, property, aim and demand whatsoever of the GRANTOR, in law, equity, or otherwise howsoever, of, in and to the same and eve party thereof. PREMISES BEING 5585 BARBARA DRIVE File #: 144479 ?..., /' ?? _. .. -_?,-1 _._ ?? w ??_ ' ?_ _ ,? _r_ ,_?: ,f. G PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 215 563-7000 Countrywide Home Loans, Inc. Plaintiff vs. Joseph E. Connolly Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County No. 2006-7028-Civil Term PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on December 7, 2006, a tnie and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on January 31, 2007 in the amount of $81,843.37. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 13, 2007. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendant' behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $73,990.00 Interest Through 06/13/07 8,877.61 Per Diem $25.85 Late Charges 236.26 Legal fees 1,675.00 Cost of Suit and Title 802.00 Sheriffs Sale Costs 0.00 Property Inspections 60.00 Appraisal/Brokers Price Opinion 0.00 Mortgage Insurance Premium/Private 0.00 Mortgage Insurance NSF (Non-Sufficient Funds charge) 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 0.00 TOTAL $85,640.87 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as is addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on April 17, 2007 and requested the Defendant's concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit "C". 10. No Judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: Phelan Hallinan & Schrnieg, LLP r Y ichele . Brad ord V Es re Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215 563-7000 Countrywide Home Loans, Inc. Plaintiff vs. Joseph E. Connolly Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County : No. 2006-7028-Civil Term MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendant executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 5585 Barbara Drive, Hampden Township, PA 17050. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO .AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgncnt and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319,321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor- has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriff s Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. ,Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the ]Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment. as requested. DATE: 1 Phelan Hallinan & Schmieg, LLP", By: _ Mi hele ra ford, s e Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 21? 5) 563-7000 144479 COUNTRYWIDE HOME LOANS, INC. 400 COUNTRYWIDE WAY SIMI VALLEY, CA 93065-6298 Plaintiff V. JOSEPH E. CONNOLLY 5585 BARBARA DRIVE HAMPDEN TOWNSHIP, PA 17050 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE '? C3 --cz A 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. t3y Gerdyuv,(,yin ,.O be a WO ff. ?;omect COPY Of' agagina6 tiled of 170001d'. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLE4 IF CIVIL DIVISION TERM ' . -7 ©. ?-0 NO bG . - y' K5 CUMBERLAND COUNTY? File #.- 144479 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 21{ 5) 563.-7000 144479 COUNTRYWIDE HOME LOANS, INC. 400 COUNTRYWIDE WAY SIMI VALLEY, CA 93065-6298 Plaintiff V. JOSEPH E. CONNOLLY 5585 BARBARA DRIVE HAMPDEN TOWNSHIP, PA 17050 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 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 fling 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 e hereby certify the within to a tie and -n,.,vm.ti hn y3?nepj Fft& 1 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 144479 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 #: 144479 Plaintiff is COUNTRYWIDE HOME LOANS, INC. 410 COUNTRYWIDE 'V`irAY SIMI VALLEY, CA 93065-6298 2. The name(s) and last known address(es) of the Defendant(s) are: JOSEPH E. CONNOLLY 5585 BARBARA DRIVE HAMPDEN TOWNSHIP, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 03/08/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR HOME LOAN CENTER, INC., D/B/A LENDING TREE LOANS which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1903, Page: 469. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 07/20/2006 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 #: 144479 6. The following amounts are due on the mortgage: Principal Balance $73,990.00 Interest 4,368.65 06/20/2006 through 12/05/2006 (Per Diem $25.85) Attorney's Fees 1,250.00 Cumulative Late Charges 443.92 03/08/2005 to 12/05/2006 Cost of Suit and Title Search 550.00 Subtotal $ 80,602.57 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 80,602.57 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WBEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 80,602.57, together with interest from 12/05/2006 at the rate of $25.85 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP 11"? hz. By: _ /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 144479 LEGAL DESCRIPTION ALL that certain piece, parcel or lot of land, together with improvements, situated in Hampden Township, Cumberland County, Pennsylvania, and bounded and described as follows: BEGINNING at a point on the Northern right-of-way line of Barbara Drive (50.00 feet wide), said point being located at the Southwestern corner of Lot No. 302; then along said right-of-way line on the arc of a circle curving to the left, having a radius of 175.00 feet, and an are length of 90.00 feet, to a point at the Northeastern corner of Lot No. 299; then along the Northern boundary line of Lot No. 299, North 59 degrees 27 minutes 07 seconds West, for a distance of 239.06 feet, to a point on the Southern right-of-way line of Skyport Road (50.00 feet wide); then along said right-of-way line of Skyport Road on the arc of a circle curving to the right, having a radius of 1,243.24 feet, and an arc length of 209.04 feet to a point; then on the are of a circle curving to the right, having a radius of 3,139.63 feet, and an arc length of 29.25 feet, to a point at the Northwestern corner of Lot No. 302; then along the Western boundary line of Lot No. 302, South 29 degrees 59 minutes 07 seconds East, for a distance of 139.69 feet, to a point and the place of BEGINNING. This piece, parcel or lot of land contains approximately 24,765.30 square feet of land, has an address of 5585 Barbara Drive, Mechanicsburg, Pennsylvania 17050, and is known and numbered as Lot No. 301 on the Final Subdivision Plan for Good Hope Farms South - Phase V, which is recorded in Cumberland County in Plan Book 79, Page 91. BEING A PART of the same premises which Thomas W. Gaughen, d/b/a TWG Real Estate Management Services, conveyed to The McNaughton Company, a Pennsylvania Corporation, by deed dated October 5, 1994 and recorded in Cumberland County in Record Book 112, Page 1058. UNDER AND SUBJECT TO: (a) Any and all easements, licenses, leases, exceptions, reservations, covenants, agreements, conveyances and restrictions which effect the premises and are visible by inspection of the premises. (b) Any and all easements, licenses, leases, exceptions, reservations, covenants, agreements, conveyances and restrictions contained in any and all prior documents, agreements, instruments, deeds, grants and conveyances affecting the premises. (c) The Declaration of Covenants and Restrictions, recorded in Cumberland County in Miscellaneous Book 626, Page 182 as may be applicable to the above described property. TOGETHER with all and singular the Streets, Alleys, Passages, Ways, Waters, Watercourses, Rights, Liberties, Privileges, Hereditaments and Appurtenances whatsoever thereunto belonging or in anywise appertaining, and the Reversions and Remainders, Rents, Issues and Profits thereof; and all the Estate right, title, interest, property, claim and demand whatsoever of the GRANTOR, in law, equity, or otherwise howsoever, of, in and to the same and every party thereof. PREMISES BEING :5585 BARBARA DRIVE File #: 144479 Exhibit "B" 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 21( 5) 563-7000 COUNTRYWIDE HOME LOANS, INC. 400 COUNTRYWIDE WAY SIMI VALLEY, CA 93065-6298 Pain tiff, V 1 JOSEPH E Defendant(s). CUMBERLAND COUNT COURT OF CO CIV1 T}I f 1 r NO. 06-7028-CIVIL TERM ' ?) rv PRAECIPE FOR IN REM JUDGMENT FOR FAILURE T ?=? ANSWER AND ASSESSMENT OF DAMAGES v _?T TO THE PROTHONOTARY:.. f L: e x ca 3r t7 Kindly enter an in r judgment in favor of the Plaintiff and against JOSEPff E. E'ON?OLLY, Defendant(s) for failur le an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosu ale of the mortgaged premises, and assess Plaintiff s damages as follows: ' Ls se - thin Complaint $80 602.57 `?P" lri& est from 12/6/06 to 1/22/07 $1,240.80 TOTAL $81,843.37 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. j? 40 Q K, DANIEL G. SCHMIEG, E DIRE Attorney far Plaintiff {j } e DAMAG-ET-*U?EBY ASSESSED AS INDICATED. X, DATE: PRO PROTHY 144479 E xhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey April 17, 2007 Joseph E. Connolly 4036 Seneca Avenue Camp Hill, PA 17011 RE: Countrywide Home Loans, Inc. vs. Joseph E. Connolly Premises Address: 5585 Barbara Drive, Hampden Township, PA 17050 Cumberland County CCP, No. 2006-7028-Civil Term Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within five days, by April 23, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. nelelM. urs, Br df adI'i s J'e For Phelan Hallman & Schmieg, LLP Enclosure w 4) v m 0 P4 C0 L 6 L 3000d1Z WOHA o311Vw LOOZ L L adV 0 x-08 tZb000 o0630 M z0 53Nt(? A3N1N Z Q ??-sod CO C7 q 1"- CL r ? S1 q ? ~ N e' a 0 d ? a 4oA o > G P? 4 as Ly UM rn ?, o ?ta <r d' U ? I E/) jo 00 0 0 C) W " Q t? a a ui ul c r- N a p" 0 d Q? Q et a? •{ tJ? y %od Q 4+ L. R y A y ` ? erl 'fl ' z,d? ^r'o..? rG U N d ? qq ?+ C P N A y t G G U ¢' A G p. ? p p O d yd„ J ' G a A ye ?' W a? p 3 ? `? ono A G V ? d G ? N J ,Q J ,.y N ? 8a? O q O w G? ^? py,? N O G O ? U1 Y A •s A ? c a ° s °u, 7 v aJi O by N U P ? oGo U 0 a N T a y Z s? c7 N J ?o o p a O ?z v a o ? ?e °3N NM'r, r` d r+ ? cry ? 1!'? ? VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: Phelar all* n &-,,Sc?Mieg L By: M chel M. bra for , squir - Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 215 563-7000 Countrywide Home Loans, Inc. Plaintiff vs. Joseph E.. Connolly Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division Cumberland County : No. 2006-7028-Civil Term CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. Joseph E. Connolly 5585 Barbara Drive Hampden Township, PA 17050 Joseph E. Connolly 4036 Seneca Avenue Camp Hill, PA 17011 DATE: _ _ PhelaIkli?naiy?i Schmieg, LLP f, By ;Mc le . Bradfo , sq ire Attorney for Plaintiff AFFIDAVIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, INC. DEFENDANT(S) JOSEPH E. CONNOLLY SERVE JOSEPH E. CONNOLLY AT 5585 BARBARA DRIVE HAMPDEN TOWNSHIP, PA 17050 CUMBERLAND COUNTY No. 06-7028-CIVIL TERM ACCT. #91826565 Type of Action NS 4y?1l - Notice of Sheriff's Sale Sale Date: JUNE 13, 2007 SERVED Served and made known to 6J r e1) C. C6 nh ally Defendant, on the day of ?t bnwi`Y200? at _I?, o'clocl _.m., at b 58 d 1? q r b 4 f'4 Jr. Commonwealth of Pennsylvania, in the manner described below: _L/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: Description: Agree ZS• 3S Height S' 0 Weight 00 Race ?L Sex _? Other I, Q u, . J (Rd iyeP-1-5 . 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 subs e me thi ay 0 200 N - By: SER CE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Notary Pubft NOT SERVED State at TRICIA E. H cis I= 200_, at Coi ?mIsaiarE> o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1'` 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 Vacant 2°d Attempt: Time: l9 ? ? a Q -' t,) "Y APR 871007p'? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Countrywide Home Loans, Inc. Plaintiff VS. Joseph E. Connolly : Court of Common Pleas : Civil Division : Cumberland County : No. 2006-7028-Civil Term Defendant RULE AND NOW, this 310 day of c 2007, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. ?Fk I - I Rule Returnable , M' BY THE COURT, J. 3(0 17011 144479 76 r f' r PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Plaintiff vs. Joseph E. Connolly ATTORNEY FOR P Court of Comm n Pleas Civil Division Cumberland Co?nty No. 2006-7028-Civil Term Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the April 30, 2007 Rule directing the defendant to show by May 14, 2007 was sent to the following individuals on th date indicated below. Joseph E. Connolly Joseph E. Connolly 5585 Barbara Drive 4036 Seneca Avenue Hampden Township, PA 17050 Camp Hill, PA 17011 Phelan Hallinan & 7khmies. LLP DATE: By: Attorney for Plai j L 33 SHERIFF'S RETURN - REGULAR CASE NO: 2006-07028 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS CONNOLLY JOSEPH E KENNETH E. GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CONNOLLY JOSEPH E the DEFENDANT , at 1935:00 HOURS, on the 12th day of December-, 2006 at 5585 BARBARA DRIVE MECHANICSBURG, PA 17050 by handing to ANTHONY GOOD, ADULT ROOMMATE OF JOSEPH CONNOLLY a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.80 Affidavit .00 Surcharge 10.00 .00 36.80 V, if, -, (?- Sworn and Subscibed to before me this day of , So Answer R. Thomas Kline 12/15/2006 PHELAN HALLINAN AND SCHMIEG By: Z??A De t eriff r A"Y A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-07028 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS CONNOLLY JOSEPH E 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 CONNOLLY JOSEPH E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOTICE NOT FOUND , as to the within named DEFENDANT , CONNOLLY JOSEPH E 4036 SENECA AVENUE CAMP HILL, PA 17011 ABOVE ADDRESS IS RESIDENCE OF JOSEPH CONNOLLY'S MOTHER. DEFENDANT DOES NOT RESIDE WITH HIS MOTHER. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 / 16 00 Sworn and Subscribed to before me this day of So answers: R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN AND SCHMIEG 12/15/2006 A. D. PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Plaintiff vs. Joseph E. Connolly Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 2006-7028-Civil Term MOTION TO MAKE RULE ABSOLUTE Countrywide Home Loans, Inc., by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on April 26, 2007. 3. A Rule was entered by the Court on or about April 30, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on May 4, 2007, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 14, 2007. PHELAN HALLINAN & SCHMIEG, LLP Date C Y r < Michele MMIAradfo squire Attorney for the Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Plaintiff vs. Joseph E. Connolly Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 2006-7028-Civil Term BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on April 26, 2007. A Rule was entered by the Court on or about April 30, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on May 4, 2007 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 14, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. LIN SCHMIEG, LLP Date Ihnele M. Bradf rd, uire Attorney for the Plaintiff Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Countrywide Home Loans, Inc. Plaintiff VS. Joseph E. Connolly Defendant : Court of Common Pleas : Civil Division : Cumberland County : No. 2006-7028-Civil Term RULE AND NOW, this 3 o day of QI?Aj 2007, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. I`i dAo? iAc- dAte. 4 +k;s order Rule Returnable on4he- ---- n-fi e BY THE COURT, J. 144479 CRUE CM FROM R EOM To9knony whereof, ! here unto sel my hint ao thl 80 of Sri Court at Coo, ft. n y d-M Z nt.r Exhibit "B" PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215 563-7000 Countrywide Home Loans, In ,. r O , nlF qtr ? •_ ? `1 ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County ,. p Joseph E. Connolly No. 2006-7028-Civil Term Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the April 30, 2007 Rule directing the defendant to show by May 14, 2007 was sent to the following individuals on the date indicated below. Joseph E. Connolly Joseph E. Connolly 5585 Barbara Drive 4036 Seneca Avenue Hampden Township, PA 17050 Camp; Dill, PA 17011 ?ow Phelan Hallinan hmieg, LLP DATE: By. M chele . B r uire Attorney for Plaintiff VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. 6A ?d Date §4904 relating to the unsworn falsification of authorities. 6 M. ichele 41brahffo*114 u ire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Plaintiff VS. Joseph E. Connolly Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 2006-7028-Civil Term CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff s Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. Joseph E. Connolly 5585 Barbara Drive Hampden Township, PA 17050 DATE: v Joseph E. Connolly 4036 Seneca Avenue Camp Hill, PA 17011 Phelan Hallinan & Schmie , LP By: ichele M. Bradfo squire Attorney for Plaintiff 7 l . --r- . i , i 05/24/2007 11:43 FAX 1x002/002 LEGAL DESCRIPTION ALL that certain piece, parcel or lot of land, together with improvements, situated in Hampden Township, Cumberland County, Pennsylvania, and bounded and described as follows: BEGINNING at a point on the Northern right-of-way line of Barbara Drive (50.00 feet wide), said point being located at the Southwestern corner of Lot No. 302; then along said right-of-way line on the arc of a circle curving to the loft, having a radius of 175.00 feet, and an arc length of 90.00 feet, to a point at the Northeastern corner of Lot No. 299; then along the Northern boundary line of Lot No. 299, North 59 degrees 27 minutes 07 seconds West, for a distance of 239.06 feet, to a point on the Southern right-of-way line of Skyport Road (50.00 feet wide); then along said right-of--way line of Skyport Road on the arc of a circle curving to the right, having a radius of 1,243.24 feet, and an arc length of 209.04 feet to a point; then on the arc of a circle curving to the right, having a radius of 3,139.63 feet, and an are length of 29.25 feet, to a point at the Northwestern corner of Lot No. 302; then along the Western boundary line of Lot No. 302, South 29 degrees 59 minutes 07 seconds East, for a distance of 139.69 feet, to a point and the place of BEGINNING. This piece, parcel or lot of land contains approximately 24,765.30 square feet of land, has an address of 5585 Barbara Drive. Mechaniesbure. Pennsylvania 17050. and iR known and m imhared ac I.nt Nn III] nn the. Final Snhrlivicinn Alan fnr Good Hope Farms South - phase V, which is recorded in Cumberland County in Plan Book 79, Page 91. BEING A PART of the same premises which Thomas W. Gaughen, d/b/a TWO Real Estate Management Services, conveyed to The McNaughton Company, a Pennsylvania Corporation, by deed dated October 5, 1994 and recorded in Cumberland County in Record Book 112, Page 1058. UNDER AND SUBJECT TO: (a) Any and all easements, licenses, leases, exceptions, reservations, covenants, agreements, conveyances and restrictions which effect the premises and are visible by inspection of the premises. (b) Any and all easements, licenses, leases, exceptions, reservations, covenants, agreements, conveyances and restrictions contained in any and all prior documents, agreements, instruments, deeds, grants and conveyances affecting the premises. (c) The Declaration of Covenants and Restrictions, recorded in Cumberland County in Miscellaneous Book 626, Page 182 as may be applicable to the above described property. TOGETHER with all and singular the Streets, Alleys, Passages, Ways, Waters, Watercourses, Rights, Liberties, Privileges, Hereditaments and Appurtenances whatsoever thereunto belonging or in anywise appertaining, and the Reversions and Remainders, Rents, Issues and Profits thereof; and all the Estate right, title, interest, property, claim and demand whatsoever of the GRANTOR, in law, equity, or otherwise howsoever, of; in and to the same and every party thereof. PREWSES BEING 5585 BA"ARA DRIVE PARCEL NO- 10-19-1602-123 File #: 144479 /?/ MAY IS ,d IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Countrywide Home Loans, Inc. Plaintiff VS. Joseph E. Connolly Defendants Court of Common Pleas : Civil Division : Cumberland County : No. 2006-7028-Civil Term ORDER AND NOW, this Z; s 1 day of M , -) , 2007, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $73,990.00 Interest Through 06/13/07 8,877.61 Per Diem $25.85 Late Charges 236.26 Legal fees 1,675.00 Cost of Suit and Title 802.00 Sheriffs Sale Costs 0.00 Property Inspections 60.00 Appraisal/Brokers Price Opinion 0.00 Mortgage Ins. Premium/Private 0.00 Mortgage Ins. NSF (Non-Sufficient Funds charge) 0.00 C? A"ll LOU Suspense/Misc. Credits Escrow Deficit TOTAL 0.00 0.00 $85,640.87 Plus interest from 06/13/07 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. Michele M. Bradford, Esquire I helan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford(c fedphe.com V 053.0 Joseph E. Connolly 4036 Seneca Avenue Camp Hill, PA 17011 Joseph E. Connolly 5585 Barbara Drive Hampden Township, PA 17050 144479 SALE DATE: JUNE 13, 2007 IN THE COURT OF COMMON PLEAS OF C CIVIL COUNTRYWIDE HOME LOANS, INC. VS. JOSEPH E. CONNOLLY AFFIDAVIT PUF AND RETURN OF Pa. R.C.P. 405 COUNTY, PENNSYLVANIA - LAW vo.: 06-7028-CIVIL TERM TO RULE 3129.1 'E PURSUANT TO Plaintiff in the above action sets Execution was filed the following information 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 on the attached Affidavit No. 2 (previously filed) as of the date the Praecipe for the Writ of the real property located at: or parties named, at that address set forth Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as a Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt tamped by the U.S. Postal Service is attached for each notice. DANIEL SCHMIEG, E WIRE Attorney for Plaintiff May 23, 2007 L COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. JOSEPH E. CONNOLLY Defendant(s). AFFIDAVIT CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7028-CIVIL TERM UANT TO RULE 3129 avit No. 1) COUNTRYWIDE HOME LOANS, INC. , Plai tiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date t Praecipe for the Writ of Execution was filed the following information concerning the real propert located at ,5585 BARBARA DRIVE, HAMPDEN TOWNSHIP, PA 17050. 1. Name and address of Owner(s) or reputed Name s): Known Address (if address cannot be mably ascertained, please indicate) JOSEPH E. CONNOLLY 2. Name and address of Defendant(s) in the j Same as above 3. Name and last known address of every j property to be sold: BARBARA DRIVE [PDEN TOWNSHIP, PA 17050 creditor whose judgment is a record lien on the real Name Known Address (if address cannot be )nably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name ast Known Address (if address cannot be easonably ascertained, please indicate) CHASE MANHATTAN MORTGAGE 43 THORNALL STREET CORPORATION DISON, NJ 08837 5. Name and address of every other person who has any record lien on the property: Name Known Address (if address cannot be mably ascertained, please indicate) None 6. Name and address of every other person who interest may be affected by the sale. any record interest in the property and whose Name Known Address (if address cannot be )nably ascertained, please indicate) None 7. Name and address of every other person of ? the property which may be affected by the sale: the plaintiff has knowledge who has any interest in Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare I verify that the statements made in this knowledge or information and belief. I under penalties of 18 Pa. C.S. Sec. 4904 relating to u May 23, 2007 DATE Known Address (if address cannot be mably ascertained, please indicate) BARBARA DRIVE rIPDEN TOWNSHIP, PA 17050 3 North Hanover Street .arlisle, PA 17013 Box 2675 burg, PA 17105 ivit are true and correct to the best of my personal that false statements herein are made subject to the rn falsification to authorities. G. SCHMIEG, for Plaintiff w w u .? ' O N U Q ?o is L 3003 a1z waa-A 0311vw (., LOOZ- 8 L 833 0 LOS LZOO00 o96'Q4 WL ZO E i s3A%Oa Aanuw G ?_:2 }f y` . loo .1 g ???od s3yay ? ? o 0 N ? o rte. Cq ° ? L U I-+ n E v ?'° J N VOj e E ? ; 0 da ?° 0 Q, N . ro ad 4'c Z m°L3 1 $ Qy?4- , E GLi ? ? C VQi C W F-1 w ss ' ? .,, ? e _o u a f? W w^?' ? ?' ? vqi• H F? ON h^ a O a o° U w > A ...1 v W Z Q 4 ¢ a o? ? a > U a u c > v U aq . p O w d h A v'ni U n°w a M a z w v? -d>'O O O Frn u O Q p t% p O Ems- a ?y ?o z O p z ° ro CIO V. V cK rj Z7 0 z 0 a N M ?i 00 o u w ag ?? U 11 431 ?0 L6 3000da pOos? bvn L OO Z t "ffi y,?? Z 0 096`00 $ _ A3A,Ld ? o `" 00 coo Z O H A W x M Z am ? p, d ' a r. W y W O4 ? C`J Q Ln O V q Q . tt?? v 0 0 0 a z z "R V1 y ? Zol 7 ?Uw N 0 w d E z r Q OO d• 'n G ^ N M H ; rUp? ?sgnF Q O s+" O U u 0 Ob4? p ? w ? N O N 7 b s?N .s o W ? a ?w a O N? Oo 0 W ;, a b W z b ?rf d o? ? r ?- _ T F• PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans, Inc. Court of Common Pleas Plaintiff : Civil Division VS. : Cumberland County Joseph E. Connolly No. 2006-7028-Civil Term Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the May 23, 2007 Order was sent to the following individuals on the date indicated below. Joseph E. Connolly 5585 Barbara Drive Hampden Township, PA 17050 Joseph E. Connolly 4036 Seneca Avenue Camp Hill, PA 17011 Office of the Sheriff Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 DATE: 4141 Ciiclh an Hallinan ieg, LLP B e . for Plaintiff C ? .'fie ?°•, y. [.t7 r Countrywide Home Loans, Inc. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Joseph E. Connolly Writ No. 2006-7028 Civil Term William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 16, 2007 at 1614 hours, 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: Joseph E. Connolly, by making known unto Joseph E. Connolly, personally at 5585 Barbara Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 13, 2007 at 1307 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Joseph E. Connolly at 5585 Barbara Drive, Mechanicsburg, Cumberland County, 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: Joseph E. Connolly, by regular mail to his last known address of 5585 Barbara Drive, Mechanicsburg, PA 17050. These letters were mailed under the date of April 3, 2007 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 letter of request from Attorney Daniel Schmieg. Sheriff s Costs: Docketing 30.00 Poundage 24.68 Advertising 15.00 Posting Bills 15.00 Law Library .50 Prothonotary 1.00 Mileage 23.04 Levy 15.00 Surcharge 20.00 Law Journal 611.00 Patriot News 487.04 Share of Bills 16.17 $1258.43 f So An e ? '?? R. Thomas Kline, Sheriff BY Real Estate rgeant L )a 'Obi 4- q 71 s COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. JOSEPH E. CONNOLLY Defendant(s). ir CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-7028-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) COUNTRYWIDE HOME LOANS, 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 ,5585 BARBARA DRIVE, HAMPDEN TOWNSHIP, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name JOSEPH E. CONNOLLY Last Known Address (if address cannot be reasonably ascertained, please indicate) 5585 BARBARA DRIVE HAMPDEN TOWNSHIP, PA 17050 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) ? a 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 5585 BARBARA DRIVE HAMPDEN TOWNSHIP, PA 17050 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 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. 1 January 22, 2007 DATE DANIEL G. SCHMIEG, E IRE Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. JOSEPH E. CONNOLLY Defendant(s). CUMBERLAND COUNTY No. 06-7028-CIVIL TERM January 22, 2007 TO: JOSEPH E. CONNOLLY 5585 BARBARA DRIVE HAMPDEN TOWNSHIP, PA 17050 "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 COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY" Your house (real estate) at, 5585 BARBARA DRIVE, HAMPDEN TOWNSHIP, PA 17050, is scheduled to be sold at the Sheriff s Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $81,843.37 obtained by COUNTRYWIDE HOME LOANS 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 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 r LEGAL DESCRIPTION ALL that certain piece, parcel or lot of land, together with improvements, situated in Hampden Township, Cumberland County, Pennsylvania, and bounded and described as follows: BEGINNING at a point on the Northern right-of-way line of Barbara Drive (50.00 feet wide), said point being located at the Southwestern corner of Lot No. 302; then along said right-of-way line on the arc of a circle curving to the left, having a radius of 175.00 feet, and an are length of 90.00 feet, to a point at the Northeastern corner of Lot No. 299; then along the Northern boundary line of Lot No. 299, North 59 degrees 27 minutes 07 seconds West, for a distance of 239.06 feet, to a point on the Southern right-of-way line of Skyport Road (50.00 feet wide); then along said right-of-way line of Skyport Road on the arc of a circle curving to the right, having a radius of 1,243.24 feet, and an arc length of 209.04 feet to a point; then on the are of a circle curving to the right, having a radius of 3,139.63 feet, and an arc length of 29.25 feet, to a point at the Northwestern corner of Lot No. 302; then along the Western boundary line of Lot No. 302, South 29 degrees 59 minutes 07 seconds East, for a distance of 139.69 feet, to a point and the place of BEGINNING. This piece, parcel or lot of land contains approximately 24,765.30 square feet of land, has an address of 5585 Barbara Drive, Mechanicsburg, Pennsylvania 17050, and is known and numbered as Lot No. 301 on the Final Subdivision Plan for Good Hope Farms South - Phase V, which is recorded in Cumberland County in Plan Book 79, Page 91. BEING A PART of the same premises which Thomas W. Gaughen, d/b/a TWG Real Estate Management Services, conveyed to The McNaughton Company, a Pennsylvania Corporation, by deed dated October 5, 1994 and recorded in Cumberland County in Record Book 112, Page 1058. UNDER AND SUBJECT TO: (a) Any and all easements, licenses, leases, exceptions, reservations, covenants, agreements, conveyances and restrictions which effect the premises and are visible by inspection of the premises. (b) Any and all easements, licenses, leases, exceptions, reservations, covenants, agreements, conveyances and restrictions contained in any and all prior documents, agreements, instruments, deeds, grants and conveyances affecting the premises. (c) The Declaration of Covenants and Restrictions, recorded in Cumberland County in Miscellaneous Book 626, Page 182 as may be applicable to the above described property. TOGETHER with all and singular the Streets, Alleys, Passages, Ways, Waters, Watercourses, Rights, Liberties, Privileges, Hereditaments and Appurtenances whatsoever thereunto belonging or in anywise appertaining, and the Reversions and Remainders, Rents, Issues and Profits thereof; and all the Estate right, title, interest, property, claim and demand whatsoever of the GRANTOR, in law, equity, or otherwise howsoever, of, in and to the same and every party thereof. PREMISES BEING 5585 BARBARA DRIVE File M 144479 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-7028 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From JOSEPH E. CONNOLLY (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 $81,843.37 L.L. $.50 Interest FROM 1/22/07 TO 6/13/07 (PER DIEM - $13.45) -- $1,909.90 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $134.80 Other Costs Plaintiff Paid Date: JANUARY 31, 2007 Curtis "R. Long, P onotar (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 Real Estate Sale # 24 On February 13, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 5585 Barbara Drive, C;R s1 Mechanicsburg, more fully described on Exhibit A G= em filed with this writ and by this reference go incorporated herein. Date: February 13, 2007 Bye ja6 Real Esta a Sergeant 0 G V 21 ? l?jl 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: April 20, 27 & May 4, 2007 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. 24 Writ No. 2006-7028 Civil Countrywide Home Loans, Inc. VS. Joseph E. Connolly Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL that certain piece, parcel or lot of land, together with improve- ments, situated in Hampden Town- ship, Cumberland County, Pennsyl- vania, and bounded and described as follows: BEGINNING at a point on the Northern right-of-way line of Bar- bara Drive (50.00 feet wide), said point being located at the South- western corner of Lot No. 302; then along said right-of-way line on the are of a circle curving to the left, having a radius of 175.00 feet, and an are length of 90.00 feet, to a point at the Northeastern corner of Lot Coyne, SWORN-TO AND SUBSCRIBED before me this 4 day of May 2007 NJTAR!AI REAL LOIS E. SNYDER, Notary Public CarL Soro, Curnbarland County .; ,'m F ;ras March 5, 2009 t he Patriot-Xims Now you know P. O. BOX 2265 HARRISBURG, PA 17105 (717) 255-8237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT. # 2260 DUPLICATE BILL Date 04/18/07 04/25/07 05/02/07 Of Ad Sheriff Sale 24 11.54 $14.01 $ 161.68 Sheriff Sale 24 11.54 $14.01 $ 161.68 Sheriff Sale 24 11.54 $14.01 $ 161.68 Notary Fee I I I I I 1 1 $2.00 TOTAL DUE FOR THIS SALE: $ 487.04 JLC 44' 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with 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 18th and 25th day(s) of April and the 2nd day(s) of May 2007. 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 SALE#24 Sworn to and subscribed Notarial Seal Terry L. Russell, Notary Public City CDf Harrisburg, Dauphin County AV Commission Expires June 6, 2010 eagn'inliQn of Notaries Y PUBLIC --'Atl ** bt " PieX P0,14 ar 0 ,09 M , i 'J r cwmd b 7w!ieF' r6Ml?rk? ?d iw?ded ?d dead as , ;?tapoi?atalei?ie?e+?,!_ Trl?rtl?a{?614?'; ;,Wd !d* b*940Irl;*d 2d*&A = 1 sana of l,et N?, 3Aik iir?>Miii ; CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 i 77'-r 7