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HomeMy WebLinkAbout02-3967DEPARTMENT OF JUSTICE NOTICE OF LIEN FOR FINE AND/OR RESTITUTION IMPOSED PURSUANT TO THE ANTI-TERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996 United States Attorney's Office for MIDDLE DISTRICT OF PENNSYLVANIA Serial Number For Optional Use By Recording Office NOTICE is hereby given of a lien against the property of the defendant named below. Pursuant to Title 18, United States Code, § 3613(c), a f'me or an order of restitution imposed pursuant to the provisions of subchapter C of chapter 227 is a lien in favor of the United States upon all property belonging to the person fined or ordered to pay restitution. Pursuant to § 3613(d), a notice of lien shall be considered a notice of lien for taxes for the purposes of any State or local law providing for the filing of a tax lien. The lien arises at the time of the entry of judgment and continues until the liability is satisfied, remitted, or set aside, or until it becomes unenforceable pursuant to § 3613(b). Name of Defendant Court Number Susan Kurtz 1:01CR-322-1 Residence 107 N E Street Carlisle PA 17043 Date of Judgment April 25, 2002 Amount of Fine/Restitution $23,715.00 restitution/assessment Date of Entry of Judgment April 25, 2002 Court Imposing Judgment U.S. District Court, MD of PA Rate of Interest O% If paymem becomes past due, penaities totaling up to 25 pement of the principal mount past due may arise. 18 U.S.C. § 3612(g). IMPORTANT RELEASE INFORMATION--With respect to the lien listed above, this notice shall operate as a certificate of release pursuant to 18 U.S.C. § 3613(b) by operation of law, but no later than (twenty years plus term of imprisonment). PLACE OF FILING: Cumberland County This notice was prepared and signed at Scranton, Pennsylvania this 2.7 day of 2002. J. J~ 1~ I~I~E'WITT, JR. Ass :ant United States Attorney Pho 570-348-2800 MIDFIRST BANK, VS. PLAINTIFF MARTIN SHULTZ AND MARILYN SHULTZ A/K/A MARILYN HALE, DEFENDANT(S) 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-3967 IN MORTGAGE FORECLOSURE RETURN OF SERVICE · t ~ I h~re_b}, certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on t-p//t5//~) c/o , a tree and correct copy of the Notice of Sale, of Real Estate pursuant to PA R.0J..P. 3{29.] to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: MARTIN SHULTZ 691 STATE STREET LEMOYNE, PA 17043 MARILYN SHULTZ 709 NORTH SECOND STREET HARRISBURG, PA 17102 MARILYN SHULTZ A/K/A MARILYN HALE 200 BEECHWOOD AVENUE TRAILER 40 DOVER, DE 19901 MARILYN SHULTZ 11 VONDAWAY DRWE DOVER, DE 19901 MARTIN SHULTZ 709 NORTH SECOND STREET HARRISBURG, PA 17102 Borough of Lemoyne 665 Market Street Lemoyne, PA 17043 Washington Mutual Finance 1217 Market Street Lemoyne, PA 17043 Citifinancial, Inc. 1111 Nortpoint Drive Building 4, Suite 100 Coppell, TX 75019-3921 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 By 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR JILL M. WINKA BR1AN J, TYLER NICHOLE M. STALEY O'GORMAN LAW OFFICES 1719 NORTH FRONT STREET HARR/SBURG, PENNSYLVANIA 17102-21392 TELEPHONE (717) 234-4178 FAX (717) 234-1206 HERSHEY (717)533-3836 JOSEPH NISSLEY (1910-1982) JOHN W. PURCELL VALERIE A. GUNNOF COUNSEL MARTIN SHULTZ 691 STATE STREET LEMOYNE, PA 17043 MARILYN SHULTZ 709 NORTH SECOND STREET HARRISBURG, PA 17102 MARILYN SHULTZ A/FdA MARILYN HALE 200 BEECHWOOD AVENUE TRAILER 40 DOVER, DE 19901 MARILYN SHIJLTZ 11 VONDAWAY DRIVE DOVER, DE 19901 MART1N SHULTZ 709 NORTH SECOND STREET HARRISBURG, PA 17102 Borough of Lemoyne 665 Market Street Lemoyne, PA 17043 Washington Mutual Finance 1217 Market Street Lemoyne, PA 17043 Citifinancial, Inc. 1111 Nortpoint Drive Building 4, Suite 100 Coppell, TX 75019-3921 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 31129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice o£Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, if an~g notified of said Sheriff's Sale. JJ~JJ ~'~~A I D 1570 By:,.~Attorney for Plain~t~}3'15' . 7~J~ MIDFIRST BANK, VS. PLAINTIFF MARTIN SHULTZ AND MARILYN SHULTZ A/K/A MARILYN HALE, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 03-3967 IN MORTGAGEFORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, June 09, 2004 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in .a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 691 STATE STREET LEMOYNE, PENNSYLVANIA 17043 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 03-3967 JUDGMENT AMOUNT $55,764.34 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: MARTIN SHULTZ AND MARILYN SHULTZ A/FdA MARILYN HALE A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD~ Ti) BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243 -9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation ~Io the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Stree~I Harrisburg, PA 17102 (717) 234-4178 ALL TNOGE C~RTAIN lots. pfecas or percsle of lend, lying and being in the Borough of Lemoyne, Cumberland County, Pennsylvania, BEGINNING at a point on the north side of State Road on the line dividing Lot Nos. 20 and 21 on the plan of lots hereinafter mentioned; thence in a westerly direction along the northern ]~ne of State Road (Gettysmurg Road) 22.5 feet, more or lees, to a polnt'on'the'llne running through th'~ center of the pertftlon wall of the double ir.sma dwelling house erected in part on the lot hereffn conveyed; thence in a northerly direction along the last mentioned llne 159 feet, more mr less, to a point on the southern line of a 20 foot alley; thence in an easterly direction along the southern line of said alley, 24 feet, more or lass, to a point on the line of Lot No. 21 above mentioned; thencm in a southerly ~frectton along the western line of Lot No. 21, 150 feet to a. point, the ~lace of BEGINNING. BEING the eastern part of Lot No. 20 on the plan cf lots laid cut by T. J. Newcomer, said plan being ~ecorded in the Recorder's Office at Carlisle, in Deed Book X, Volume 5, Page 601. HAVING THEREON ERECTED A DWELLING KNOWN AS 691 STATE STREET LEMOYNE, PENNSYLVANIA 17043 BEING THE SAME PREMISES WHICH Gregory D. Rhen and Jacqueline A. Rhen (formerly Jacqueline A. Petsche), by Deed dated 10/25/89 and recorded 10/26/89 in Cumberland County Deed Book F34, Page 1193, granted and conveyed unto Martin F. Shultz and Marilyn Hale. TO BE SOLD AS THE PROPERTY OF MARTIN SHULTZ AND MARILYN SHULTZ A/KJA MARILYN HALE ON JUDGMENT NO. 03-3967 ASSESSMENT NO. 12-21-0267-301 AFFIDAVIT OF PROCESS SERVER In The Court of Common Pleas of the State of Pennsylvania in ~md for the County of Cumberland Midfirst Bank Case No: 03-.3967 Plaintiff(s) v Martin Shultz and Marilyn Shultz a/k/a Marilyn Hale Defendant(s) I declare that I am a citizen of the United States, over the age of eighteen and not a party to this action. And that within the boundaries of the state where service was effected, I was authorized to perform said service. Service: I served Marilyn Shultz a/k/a Marliyn Hale with the (documents): Notice of Sheriff's gale of Real Estate Pursuant to Pennsylvania Rule of Civil Procedure 3129.1 Person Served: Marilyn Shultz a/k/a Marilyn Hale Service Address: 1 Woods End Road, Dover, DE 19901 Date Served: May 12, 2004 Time Served: 7:50 p.m. Manner of Service: (X) By personally delivering copies to the person/authorized ag,mt of antity being served. ( ) By leaving, during offic~ hours, copies at the office of the person/entity being served, leaving same with the person apparently in ~harge thereof ( ) By leaving copies at the dwelling house or usual place of abode of fire !~zson being served, with a menlber oftbe household 18 or older and explaining the general nature of the paters. ( ) By posting copies in a conspicuous manner to the address of the pev'~on/eatity being served. Non-Service: After due search, careful inquiry and diligent attempts at the eddress(es) listed above, 1 have been unable to effect process upon the per~n/¢ntily being served because of the following resson(s): ( ) Unknown at address ( ) Address dees not exist ()Other ( ) Evedin4g ( ) Moved, le'l~ no forwarding ( ) Service cm~celed by Litigant ( ) Unable to serve in a timely fashion Service Attempts: Service was attempted on at , __al at ,__ ~ at Description: Age: 46 Sex: F Race: W Hgt: 5'4" Wgt: 165 lbs Hair: Brown Glasses: No I declare under penalty of perjury that the information contained herein is ~'ue and correct and this affidavit was executed on: MaYDate 14, 2004 at WilmlngtOn,City DelaW.s.te entry Paten, State of Delaware County of New Castle Subscribed and sworn before me, a Notary Public of the State of Delaware on May 14, 2004 Witness My Hand and om¢lal Expires 6/15/04 Notary Public, State of Delaware t MIDLAND MORTGAGE COMPANY v. MARTIN SHULTZ MARILYN SHULTZ A/K/A MARILYN HALE Cumberland County Sale 6/9/2004 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: MARTIN SHULTZ 691 STATE STREET LEMOYNE, PA 17043 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received fi'om: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: MARILYN SHULTZ M1UA MAR1LYN HALE 200 BEECHWOOD AVENUE TRAILER 40 DOVER, DE 19901 Postage: Postmark: Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Forr~ ~f~. Postage: Postmark: MIDLAND MORTGAGE COMPANY v. MARTIN SHULTZ MARILYN SHULTZ A/K/A MARILYN HALE Cumberland County Sale 6/9/2004 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: MARTIN SHULTZ 709 NORTH SECOND STREET HARRISBURG, PA 17102 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING compliance with Postal Service Form 3877) Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 Postage: One piece of ordinary mail addressed to: Borough of Lemoyne 665 Market Street Lemoyne, PA 17043 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877} Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Washington Mutual Finance 1217 Market Street Lemoyne, PA 17043 Postmark: ,--:) ,~ ' $ 00.900 MIDLAND MORTGAGE COMPANY v. MARTIN SHULTZ MARILYN SHULTZ A/KJA MARILYN HALE Cumberland County Sale 6/9/2004 U. S. POSTAL SERVICE CERTIFICATE OF MAILING {In compliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Citifinancial, Inc. 1111 Nortpoint Drive Building 4, Suite 100 Coppell, TX 75019-3921 Postage: Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING {In compliance with Postal Service Form 3877) Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: MARILYN SHULLTZ 709 NORTH SECOND STREET HARRISBURG, PA 17102 Postage: Postmark: Received from: Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: MARILYN SHULTZ 11 VONDAWAY DRIVE DOVER, DE 19901 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Forgn 3877) Postage:. ~/~a ~ Postmark: 00.900