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HomeMy WebLinkAbout02-4647MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, c/o Alliance Mortgage Company 8120 Nations Way Jacksonville, FL 32256 Plaintiff VS. DAVID C. SHEIBLEY AND ARTHUR D. THOMPSON Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 atter the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgmant may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DEN'FRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QLrE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS LMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, Plaintiff VS. DAVID C. SHEIBLEY AND ARTHUR D. THOMPSON, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW : ACTION OF MORTGAGE FORECLOSURE : : : THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attomey for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, c/o Alliance Mortgage Company 8120 Nations Way Jacksonville, FL 32256 Plaintiff VS. DAVID C. SHEIBLEY AND ARTHUR D. THOMPSON, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : ACTION OF MORTGAGE FORECLOSURE : : COMPLAINT IN MORTGAGI~ FORECLOSURE Plaintiff, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC, herein after referred to as MERS, is the owner of legal title it the Mortgage to this action and nominee for Alliance Mortgage Company, which is the owner of the entire beneficial interest in the Mortgage, with an address of 8120 Nations Way, Building 100, Jacksonville, Florida 32256. 2. Defendant, DAVID C. SHEIBLEY, is an adult individual, whose last known address is 67 WEST NORTH STREET CARLISLE, PENNSYLVANIA 17013. Defendant, ARTHUR D. THOMPSON, is an adult individual, whose last known address is 2800 SPRING ROAD, CARLISLE, PENNSYLVANIA 17103. On or about, September 17, 1990, the said Defendants, executed and delivered a Mortgage Note in the sum of $29,200.00. The Said Note is not accessible to Plaintiff and is believed to have been lost. In further answer thereto, a copy is believed to be in the possession of Defendants. Plaintiff also avers that the within Mortgage foreclosure complaint is based upon the Mortgage and that the attachment of a copy of the Note is unnecessary pursuant to Rules 1019(h) and 1141 (a) of the Pennsylvania Rules of Civil Procedure. 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC. and will be sent for recording. Mortgage Electronic Registration Systems, Inc. is acting solely as nominee for Alliance Mortgage Company its Successors and Assigns. The Said Mortgage and Assignment are incorporated herein by reference. 5. The land subject to the Mortgage is: 213 N PITT STREET, CARLISLE, PENNSYLVANIA 17013. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on June 01, 2002 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PKINCIPAL BALANCE $23,734.42 Interest at $6.42 per day From 05/01/2002 To 10/01/2002 ( based on contract rate of 9.875%) $1,181.27 Accumulated Late Charges $50.72 Late Charges $12.68 From 06/01/2002 to 10/01/2002 $76.07 Escrow Balance $250.78 Attomey'sFeeat5% of PfincipalBalance TOTAL $1,186.72 $26,479.98 **Together with interest at the per diem rate noted above after October 01, 2002 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event ora third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Plaintiff has complied with the notice procedures required by Pennsylvania Act 160 of 1998 by sending to each Defendant, by regular mail, a copy of the Combined Act 6/91 Notice. A true and correct copy of the Combined Act 6/91 Notice, along with a copy of the Certificate of Mailing, is attached hereto as Exhibit "A". 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The Defendants have either failed to meet the time limitations as set for under the Combined Act 6/91 Notice or have been determined by the Pennsylvania Housing Finance Agency not to qualify for Mortgage Assistance. WltEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 9.875% ($6.42 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. By: Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) HALLER ,-o96X28~, .... ~ ~ · ~.-.~ [7] A/~c18163.tit (1696x2800x2 titt) [8] Amc18163.tit (1696x2800x2 ti~) [9] Amc18163.ti~ (1696x2800x2 titt) [10] Amc18163.tit (1696x2800x2 ti~t) [11] Amc18163.t±t (1696x2800x2 ti~} [12] Amc18163.t±t (1696x2800x2 tiff) 113] AmclS163.tit (1696x2800x2 titt; [14] Amc18163.t±t (1696x2800x2 tit~) [15] Amc18163.t±t (1696x2800x2 5~1~] [16] VERIFICATION I verify that the statemems made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Dated ~m,~m 2s, 2o02 (_E. Michele de Craen Title: Assistam Secretary SHERIFF'S CASE NO: 2002-04647 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTP~ATI VS SHEIBLEY DAVID ET AL RETURN - REGULAR RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHEIBLEY DAVID C the DEFENDANT , at 0900:00 HOURS, on the 6th day of November , 2002 at 67 WEST NORTH STREET CARLISLE, PA 17013 by handing to DAVID SHEIBLEY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this 22~x~ day of ~ J~ A.D. So Answers: R. Thomas Kline 11/20/2002 PURCELL KRUG HALLER By: e~pu~y ~h~r~ff SHERIFF'S RETURN - CASE NO: 2002-04647 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS SHEIBLEY DAVID ET AL REGULAR CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being says, the within COMPLAINT - MORT FORE THOMPSON ARTHUR D duly sworn according to law, was served upon the DEFENDANT , at 0935:00 HOURS, at 2800 SPRING ROAD CARLISLE, PA 17013 ARTHUR THOMPSON on the 1st day of October 2002 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this j~ day of ~~ 2~3 2_~ A. D. ' ~Prothonot ary So Answers R. Thomas Kline 11/2o/2oo2 PURCELL KRUG SHERIFF'S RETURN - REGULAR CASE NO: 2002-04647 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLJ~ND MORTGAGE ELECTRONIC REGISTP~ATI VS SHEIBLEY DAVID ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WHITZEL FRANK the DEFENDANT at 2043:00 HOURS, at 213 NORTH PITT STREET CARLISLE, PA 17013 FR3~NK WHITZEL, OCCUPANT OF on the 19t~ day of November , 2002 by handing to 213 N PITT ST CARLISLE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this Jj~._ day of ~,~- J , ~ O~ -~-~ A.D. ~ P~roth6notary So Answers: R. Thomas Kline 11/2o/2oo2 PURCELL KRUG HALLER MORTGAGE ELECTRONIC I~[EGISTRATION SYSTEMS, INC c/o Alliance Mortgage Company, PLAINTIFF VS. DAVID C. SHEIBLEY AND ARTHUR D. THOMPSON, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-4647 MORTGAGEFORECLOSURE PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) DAVID C. SHEIBLEY AND ARTHUR D. THOMPSON for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid Principal Balance Interest Per diem of $6.42 From 05/01/2002 To 10/011/2002 Accumulated Late Charges Late Charges ($12.68 per month to 10/01/2002) Escrow Deficit $23,734.42 $1,181.27 $50.72 $76.O7 $250.78 5% Attorney's Commission $1,186.72 TOTAL $~6,479.9S. **Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. L~. Hailer PA I.D.415700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC c/o Alliance Mortgage Company, PLAINTIFF VS. DAVID C. SHEIBLEY ARTHUR D. THOMPSON, DEFENDANT(S) 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-4647 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on September 9, 2003 I served the Ten Day Notice required by Pa. R.C.P. on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. Leon Attorney for Plaintiff Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Alliance Mortgage Company 8120 Nations Way JacksonVille, FL 32256 Plaintiff VS. DAVID C. SHEIBLEY AND ARTHUR D. THOMPSON Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-4647 : : IN MORTGAGE FORECLOSURE To: DAVID S. SHEIBLEY 213 NORTH PITT STREET CARLISLE, PA 17013 ARTHUR D. THOMPSON 213 NORTH PITT STREET CARLISLE, PA 17013 DATE OF NOTICE: SEPTEMBER 9, 2003 IMPORTANT NOTICE THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERP. AL SERVICE C~MBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE (717)249-3166 (800)990-9108 CC: Hubert X. Gilroy, Esquire PURCELL, KRUG & HALLER By: ~~~ Leon Esquire~ 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC c/o Alliance Mortgage Company, PLAINTIFF VS. DAVID C. SHEIBLEY AND ARTHUR D. THOMPSON, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-4647 MORTGAGEFORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF DAUPHiN : Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed before me this/~'/~dday ~otary vubhc COMMONWEALTH OF PENNSYLVANIA Member, Pennsylvania A.~Ciatlon Of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 02-4647 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC c/o Alliance Mortgage Company, PLAINTIFF VS. DAVID C. SHEIBLEY AND ARTHUR D. THOMPSON, DEFENDANT(S) TOTAL AMOUNT OF $26,479.98 JUDGMENT Interest $3,325.56 Per diem of $6.42 to sale date Accumulated Late Charges $50.72 Late Charges $12.68 per $215.56 month to sale date Escrow Deficit $1,443.08 5% Attorney's 1,186.72 Commission TOTAL WRIT $31,774.18 *Plus additional interest, late charges and other costs to date of sheriff's sale. SALE DATE: WEDNESDAY, MARCH 03, 2004 (PROTHONOTARY'S USE) Pltf. Paid Dell Paid Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of' Execution in the above captioned case. Date: October 13, 2003 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 PA I.D. #15700 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 211-213 N PITT STREET CARLISLE, PENNSYLVANIA 17013 Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY ALL that certain lot of ground situate in tP~ Borough of Carlisle, County of C~nberland, State of Pennsylvania, bounded and described as follows: On the West by North Pitt Street; on the North by an alley ar~ the property now or formerly of L. F. Line Estate; on the East by property now or formerly of Lewis W. Butcher and on the South by proper~y now or formerly of W. H. Cornm~n. Centainin~ in front on said North Pitt Street 21 feet 9 inches, and extendin~ in depth of that width for a distance of 28 feet and thence further to%r~rd the East of the width of 25 feet for the distanc~ of 10 feet and 6 inches to the EastermmDst line of said Lot. Together with the Right of way in, to ~nd ov~r a three feet and six inch wide alley, running in from said North Pitt Street, on the South side of said lot for the distance of 28 feet from said North Pitt Street. Known and n~bered as 211-213 No, Pitt Street. HAVING THEREON ERECTED A DWELLING KNOWN AS 211-213 N PITT STREET CARLISLE, PENNSYLVANIA 17013 BEING THE SAME PREMiSES WHICH Clarence E. Drew and Ruth E. Drew, by Deed dated 9/17/90 and recorded 9/17/90 i ~ n Cumberland County Deed Book T34, Page 1119, granted and conveyed unto Arthur D. Thompson and David C. Sheibley. TO BE SOLD AS THE PROPERTY OF DAVID C. SHEIBLEY AND ARTHUR D. 'THOMPSON ON JUDGMENT NO. 02-464'1 ASSESSMENT NO. 05-20-1798-086 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 024647 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC C/O ALLIANCE MORTGAGE COMPANY, Plaintiff (s) From DAVID C. SHEIBLEY AND ARTHUR D. THOMPSON (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 ganfishee(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 $26,479.98 L.L. $.50 Interest PER DIEM OF $6.42 TO SALE DATE - $3,325.56 Atty's Corem 5% $1,186.72 Due Prothy $1.00 Arty Paid $147.35 Other Costs ACCUMULATED LATE CHARGES - $50.72 - - LATE CItARGES $12.68 PER MONTH TO SALE DATE - $215.56 - - ESCROW DEFICIT - $1,443.08 - - PLUS ADDITIONAL INTEREST, LATE CHARGES AND OTHER COSTS TO DATE OF SHERIFF'S SALE Plaintiff Paid Date: OCTOBER 14, 2003 (Seal) REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-2344178 Supreme Court ID No. 15700 CURTIS R. LONG Prothonot/~ . Deputy MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC c/o Alliance Mortgage Company, PLAINTIFF VS. DAVID C. SHEIBLEY AND ARTHUR D. THOMPSON, DEFENDANT(S) 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-4647 IN MORTGAGEFORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Hailer, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 211-213 N PITT STREET CARLISLE, PENNSYLVANIA 17013: 1. Name and address of the Owner(s) or Reputed Owner(s): DAVID C. SHEIBLEY 213 N PITT STREET CARLISLE, PA 17013 ARTHUR D. THOMPSON 213 N. PITT STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the Judgment, if different from that listed, in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Borough of Carlisle 415 Franklin Street Carlisle, PA 17013 Edward L. Schorpp, Esquire 10 High Street Carlisle, PA 17013 PA Dept of Revenue Bureau of Compliance Clearance Support Sec./ATTN: Sheriff Sales Dept. 281230 Harrisburg, PA 17128~1230 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenants if any... Tenant/Occupant 211 North Pitt Street Carlisle, PA 17013 DOMESTIC RELATIONS Cumberland County Courthouse Hanover & Hugh Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information arid belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification--s ~ Purcell, Krug & Hailer f 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE:October 13, 2003 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, [NC c/o Alliance Mortgage Company, PLAINTIFF VS. DAVID C. SHE1BLEY AND ARTHUR D. THOMPSON, DEFEN DANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 024647 IN MORTGAGE FORECLOSURE 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, March 03, 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: 211-213 N PITT STREET CARLISLE, PENNSYLVANIA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 02-4647 JUDGMENT AMOUNT $26,479.98 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: DAVID C. SHEIBLEY AND ARTHUR D. THOMPSON 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, TO 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, Peunsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Permsylvania 17013 717-243-94(}0 THE LEGAL RIGHTS YOU MAY HAVE ARE: I. 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 Com't if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs 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 to 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 Street Harrisburg, PA 17102 (717) 234-4178 ALL that certain lot of ground situate in tP~ Borough of Carlisle, Cot~nty of Ct:~berland, State of Pennsylvania, bounded and described as follows: On the West by North Pitt Street; on the North by an alley and the property now or formerly of L. F. Line Estate; on the East by property now or formerly of Lewis W. Butcher and on t~ South by property now or formerly of W o H. Co~. Containing in front on said North Pitt Street 21 feet 9 inches, and extending in depth of that width for e distanc~ of 28 feet and thence, further to~rd the 'E~st of the width of 25 feet for the distance of 10 feet and 6 inches to the Easternn~Dst lirle of said Lot. ToGether with the Right of w~y in, to and over a thr~e feet and six inch wide alley, running in frown said North Pitt Street, on the South side of said lot for the distance of 28 feet frc~ said North Pitt Street. Known and numbered as 211-213 No. Pitt Street. HAVING THEREON ERECTED A DWELLING KNOWN AS 211-213 N PITT STREET CARLISLE, PENNSYLVANIA 17013 BEING THE SAME PREMISES WHICH Clarence E. Drew and Ruth E, Drew, by Deed dated 9/17/90 and recorded 9/17/90 in Cumberland County Deed Book T34, Page 1119, granted and conveyed unto Arthur D. Thompson and David C. Sheibley. TO BE SOLD AS THE PROPERTY OF DAVID C. SHEIBLEY AND ARTHUR D. THOMPSON ON JUDGMENT NO. 02-4647 ASSESSMENT NO. 05-20-1798-086 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC c/o Alliance Mortgage Company, PLAINTIFF VS. DAVID C. SHEIBLEY AND ARTHUR D. THOMPSON, DEFENDANT(S) 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02~4647 IN MORTGAGEFORECLOSURE RETURN OF SERVICE ////0I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on /~'~ , a true and correct copy of the Notice of Sale of Real Estate ursuant to PA R.i.P. ~ 129.1 to the Defendants herein and all Ii=-k^~-~A-- ~ .... P. ,,J,m,m¢[a mrecoro Dy regular nrst 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: DAVID C. SHEIBLEY 213 N PITT STREET CARLISLE, PA 17013 ARTHUR D. THOMPSON 213 N. PITT STREET CARLISLE, PA 17013 Borough of Carlisle 415 Franklin Street Carlisle, PA 17013 Edward L. Schorpp, Esquire 10 High Street Carlisle, PA 17013 PA Dept of Revenue Bureau of Compliance Clearance Support Sec./ATTN: Sheriff Sales Dept. 281230 Harrisburg, PA 17128-1230 Tenant/Occupant 211 North Pitt Street Carlisle, PA 17013 DOMESTIC RELATIONS Cumberland County Courthouse Hanover & Hugh Streets Carlisle, PA 17013 Attorneys'"fo~Plainti ff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 HOWARD B KRUG LEON P HALLER JOHN W PURCELL JR JILL M. WINKA BRIAN J TYLER NICHOLE M STALEY O'GORMAN LAW OFFICES 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FAX (717) 234-1206 HERSHEY (717)533-3836 JOSEPH NISSLEY (1910-1982) JOHN W. PURCELL VALERIE A GUNNOF COUNSEL DAVID C. SHEIBLEY 213 N PITT STREET CARLISLE, PA 17013 ARTHUR D. THOMPSON 213 N. PITT STREET CARLISLE, PA 17013 Borough of Carlisle 415 Franklin Street Carlisle, PA 17013 Edward L. Schorpp, Esquire 10 High Street Carlisle, PA 17013 PA Dept of Revenue Bureau of Compliance Clearance Support Sec./ATTN: Sheriff Sales Dept. 281230 Harrisburg, PA 17128-1230 Tenant/Occupant 211 North Pitt Street Carlisle, PA 17013 DOMESTIC RELATIONS Cumberland County Courthouse Hanover & Hugh Streets 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 3129.1 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 of 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 int said Sheriff's Sale. e~g notified of By: /Leon'rL~H~aller_ PA I.I~5700 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC c/o Alliance Mortgage Company, PLAINTIFF VS. DAVID C. SHEIBLEY AND ARTHUR D. THOMPSON, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-4647 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: Wednesday, March 03, 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: 211-213 N PITT STREET CARLISLE, PENNSYLVANIA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 02-4647 JUDGMENT AMOUNT $26,479.98 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: DAVID C. SHEIBLEY AND ARTHUR D. THOMPSON 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~ TO 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 Sheriffs 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 to 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 Street Harrisburg, PA 17102 (717) 234-4178 ALL that certain lot of ground situate Jn tP~ Borough of Carlisle, County of C~rland, State of Pennsylvania, bounded ~nd described as follows: On the West by North Pitt Street; on the North by an alley and the property now or formerly of L. F. Line Estate; on the East by property now or formerly of Lewis W. Butcher and on the South by proper~y now or forr~rly of W. H. Cornman. Containing in front on said North Pitt Street 21 feet 9 inches, and extending in depth of that width for a distance of 28 feet and thence further tow~-d the East of the width of 25 feet for the distance of 10 feet and 6 inches to the Easternmost line of said Lot. Together with the Right of way in, to and over a three feet and six inch wide alley, running in frcm said North Pitt Street, on the South side of said lot for the distance of 28 feet frcm said North Pitt Street. Known and numbered as 211-213 No. Pitt Street. HAV1NG THEREON ERECTED A DWELL1NG KNOWN AS 211-213 N PITT STREET CARLISLE, PENNSYLVANIA 17013 BEING THE SAME PREMISES WHICH Clarence E. Drew and Ruth E. Drew, by Deed dated 9/17/90 and recorded 9/17/90 in Cumberland County Deed Book T34, Page 1119, granted and conveyed unto Arthur D. Thompson and David C. Sheibley. TO BE SOLD AS THE PROPERTY OF DAVID C. SHEIBLEY AND ARTHUR D. THOMPSON ON JUDGMENT NO. 02-4647 ASSESSMENT NO. 05-20-1798-086 ALLIANCE MORTGAGE COMPANY v. DAVID C. SHEIBLEY ARTHUR D. THOMPSON Cumberland County Sale 3/3/2004 Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: DAVID C. SHEIBLEY 213 N PITT STREET CARLISLE, PA 17013 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Postage: Postmark: Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: ARTHUR D. THOMPSON 213 N. PITT STREET CARLISLE, PA 17013 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Postage: Postmark; Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Postage: One piece of ordinary mail addressed to: DOMESTIC RELATIONS Cumberland County Courthouse Hanover & Hugh Streets Carlisle, PA 17013 Postmark: .... ~,~ ~, $, 00.90° ALLIANCE MORTGAGE COMPANY v. DAVID C. SHEIBLEY ARTHUR D. THOMPSON Cumberland County Sale 3/3/2004 Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Postage: One piece of ordinary mail addressed to: Borough of Carlisle 415 Franklin Street Carlisle, PA 17013 Postmark: Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Postage: One piece of ordinary mail addressed to: Edward L. Schorpp, Esquire 10 High Street Carlisle, PA 17013 Postmark: Received from: Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17 102 U. S. POSTAL SERVICE CERTIFICATE OF MAILING {In compliance with Postal Service Form 3877) Postage: One piece of ordinary mail addressed to: PA Dept of Revenue Bureau of Compliance Clearance Support Sec./ATTN: Sheriff Sales Dept. 281230 Harrisburg, PA 17128-1230 Postmark: ALLIANCE MORTGAGE COMPANY v. DAVID C. SHEIBLEY ARTHUR D. THOMPSON Cumberland Coun~ Sale 3/3/2004 Received from: Purcell, Krug & Hailer I719 North Front Street Harrisburg, PA 17102 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Postage: One piece of ordinary mail addressed to: Tenant/Occupant 211 North Pitt Street Carlisle, PA 17013 Postmark: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Everhome Mtg Co is the grantee the same having been sold to said grantee on the 9th day of June A.D., 2004, under and by virtue of a writ Execution issued on the 14th day of Oct, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 4647, at the suit of Mtg Electronic Ree Systems Inc c/o Assiance Mtg Co against David C Sheiele¥ & Arthur D Thompson is duly recorded in Sheriff's Deed Book No. 264, Page 3463. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~x~ , A.D2004 day of ~ R~order of Deeds Mortgage Electronic Registration In The Court of Common Pleas of Systems, Inc. c/o Alliance Mortgage Cumberland County, Pennsylvania Company Writ No. 2002-4647 Civil Term VS David C. Sheibley and Arthur D. Thompson Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on January 23, 2004 at 9:43 o'clock AM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: David C. Sheibley, by making known unto David Sheibley, personally, at 67 W. North Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 30, 2004 at 8:59 o'clock AM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Arthur D. Thompson, by making known unto Arthur Thompson, personally, at 2800 Spring Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on January 23, 2004 at 8:37 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of David C. Sheibley and Arthur D. Thompson located at 213 North Pitt Street, Carlisle, 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: David C. Sheibley, by regular mail to his last known address of 67 West North Street, Carlisle, PA 17013. This letter was mailed under the date of January 26, 2004 and never returned to the Sheriff's Office. 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 nan~ed defendant, to wit: Arthur D. Thompson, by regular mail to his last known address of 2800 Spring Road, Carlisle, PA 17013. This letter was mailed under the date of February 02, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 9, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Leon Haller for Everhome Mortgage Company. It being the highest bid and best price received for the same, Everhome Mortgage Company at 8120 Nations Way, Building 100, Jacksonville, FL 32256, being the buyers in this execution, paid to SheriffR. Thomas Kline the sum of $832.67. Sheriffs Costs: Docketing $30.00 Poundage 16.33 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 10.35 Levy 15.00 Surcharge 30.00 Postpone Sale 20.00 Law Journal 274.70 Patriot News 270.97 Share of Bills 29.32 Distribution of Proceeds 25.00 Sherift's Deed 39.50 $ 832.67 Sworn and subscribed to before me This lit ~'' day of 2004, ^.D. C~ CZ ~ ~otq, Prbthonotary R. Thomas Kline, Sheriff Real Estate O~buty xI- MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC c/o Alliance Mortgage Company, PLAINTIFF VS. DAVID C. SHEIBLEY AND ARTHUR D. THOMPSON, DEFENDANT(S) 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-4647 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiffin the above action, by its attorneys, Purcell, Krug &Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 211-213 N PITT STREET CARLISLE, PENNSYLVANIA 17013: 1. Name and address of the Owner(s) or Reputed Owner(s): DAVID C. SHEIBLEY 213 N PITT STREET CARLISLE, PA 17013 ARTHUR D. THOMPSON 213 N. PITT STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the Judgment, if different from that listed, in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Borough of Carlisle 415 Franklin Street Carlisle, PA 17013 Edward L. Schorpp, Esquire 10 High Street Carlisle, PA 17013 PA Dept of Revenue Bureau of Compliance Clearance Support Sec./ATTN: Sheriff Sales Dept. 281230 Harrisburg, PA 17128-1230 WR/T OF EXECUTION and/or ATTACHMENT COMMOlX3~EALTH OF PENNSYLVANIA) NO 02-4647 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC C/O ALLIANCE MORTGAGE COMPANY, Plaintiff (s) From DAVID C. SHEIBLEY AND ARTHUR D. THOMPSON (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 $26,479.98 L.L. $.50 Interest PER DIEM OF $6.42 TO SALE DATE - $3,325.56 Atty's Comm 5% $1,186.72 Due Prothy $1.00 Atty Paid $147.35 Other Costs ACCUMULATED LATE CHARGES - $50.72 - - LATE CHARGES $12.68 PER MONTH TO SALE DATE - $215.56 - - ESCROW DEI~IC1T - $1,443.08 - - PLUS ADDITIONAL INTEREST, LATE CHARGES AND OTHER COSTS TO DATE OF SHERIFF'S SALE Plaintiff Paid Date: OCTOBER 14, 2003 (Seal) REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 CURTIS R. LONG Prothonota~ Deputy Real Estate Sale # 03 On November 03, 2003 the sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 211-213 North Pitt Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 03, 2003 Real Estate Deputy 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenants if any... Tenant/Occupant 211 North Pitt Street Carlisle, PA 17013 DOMESTIC RELATIONS Cumberland County Courthouse Hanover & Hugh Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification~~ L'eo-rl'~. ~i .D. # 15 7~ff~ Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: October 13, 2003 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC c/o Alliance Mortgage Company, PLAINTIFF VS. DAVID C. SHEIBLEY AND ARTHUR D. THOMPSON, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-4647 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sherif?s Sale of Real Property (real estate) will be held: DATE: Wednesday, March 03, 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: 211-213 N PITT STREET CARLISLE, PENNSYLVANIA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 02-4647 JUDGMENT AMOUNT $26,479.98 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: DAVID C. SHEIBLEY AND ARTHUR D. THOMPSON 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, TO 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 SherifI~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 to 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 Street Harrisburg, PA 17102 (717) 234-4178 ALL that certain lot of grou~ situate in tb~ Borough of Carlisle, County of C~dserland, State of Pennsylvania, bounded ~nd described as follows: On the West by North Pitt Street; on the North by an alley and the property n~w or formerly of L. F. Line Estate; on the East by property now or formerly of Lewis W. Butcher and on the South by prope~-ty now or formerly of W. H. Cornman. Containing in front on said North Pitt Street 21 feet 9 inches, and extending in depth of that width for a distance of 28 feet a~d thence further toward the .East of the width of 25 feet for the distanc~ of 10 feet and 6 inches to the Easterr~nost lithe of said Lot. Together with the Right of ~ray in, to and over a three feet and six inch wide alley, running in from said North Pitt Street, on the South side of s~id lot for tb~ distance of 28 feet frc~n said North Pitt Street. Known and numbered as 211-213 No. Pitt Street. HAVING THEREON ERECTED A DWELLING KNOWN AS 211-213 N PITT STREET CARLISLE, PENNSYLVANIA 17013 BEING THE SAME PREMISES WHICH Clarence E. Drew and Ruth E. Drew, by Deed dated 9/17/90 and recorded 9/17/90 in Cumberland County Deed Book T34, Page 1119, granted and conveyed unto Arthur D. Thompson and David C. Sheibley. TO BE SOLD AS THE PROPERTY OF DAVID C. SHEIBLEY AND ARTHUR D. THOMPSON ON JUDGMENT NO. 02-4647 ASSESSMENT NO. 05-20-1798-086 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, I.NC C/O ALLIANCE MORTGAGE COMPANY, Plaintiff (s) From DAVID C. SHEIBLEY AND ARTHUR D. THOMPSON (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 upun in the possession of GARNISHEE(S) as follows: NO 02-4647 Civil CIVIL ACTION - LAW 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 $26,479.98 L.L. $.50 Interest PER DIEM OF $6.42 TO SALE DATE - $3,325.56 Atty's Comm 5% $1,186.72 Due Prothy $1.00 Atty Paid $147.35 Other Costs ACCUMULATED LATE CHARGES - $50.72 - - LATE CHARGES $12.68 PER MONTH TO SALE DATE - $215.56 - - ESCROW DEFICIT - $1,443.08 - - PLUS ADDITIONAL INTEREST, LATE CHARGES AND OTHER COSTS TO DATE OF SHERIFF'S SALE Plaintiff Paid Date: OCTOBER 14, 2003 (Seal) REQUESTING PARTY: Name LEON Ir'. HALLER, ESQUIRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 71%234-4178 Supreme Court ID No. 15700 CURTIS R. LONG Prothonotary. Deputy Real Estate Sale # 03 On November 03, 2003 the sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 211-213 North Pitt Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 03, 2003 By: ,J6(3~ ~J~ Real Estate Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 20th and 27th day(s) of January and the 3rd day(s) of February 2004. 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 D~uphin in Miscellaneous Book "M", Volume 14, Page 317. ~ tc~j ~A /.x PUBLICATION .................................................................................. [-~0 [/LM'V ~ COPY SALE #3 R F...AL' I~"I~TE ~BAi,E Mo. 3 Sworn to and subscribed I ~ _~/is 23rd day.~ Fe/b~ry 2004 A.D. My~ ~r~ J~e6,~ m~l ~Y ~U ~ ~(~,~~~ ~mmission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates *o a, * Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general receipt of the aforesaid notice and publication costs and cedifies that the same have By ............ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 16, 23, 30, 2004 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 tree. RRAL ~STAT~ 8ALE NO. 3 Writ No. 2002-4647 Civil Mortgage Electronic Registration Systems, Inc. c/o Alliance Mortgage Company VS. David C. Sheibley and Arthur D. Thompson Atty.: Leon P. Haller ALL that certain lot of ground situate in the Borough of Carlisle, Cotmty of Cumberland, State of Penn- sylTM, bounded and described as follows: On the West by North Pitt Street; on the North by an alley and the property now or formerly of L. F. Line Estate; on the East by property now or formerly of Lewis W. Butcher and on the South by property now or for- merly of W. H, Cornman. Corttain- lng in front on said North Pitt Street 21 feet 9 inches, and extending in depth of that width for a distance of 28 feet and thence further to ward the East of the width of 25 feet fpr the dl~tance of 10 feet 0~1 erie Coynd, Editor SWORN TO AND SUBSCRIBED before me this 30 _day of JANUARY 2004 LOIS E. SNYDER, Nota~/Public Ca.,lisle Boro, C,,rnberland County My Commission Ex~irss March 5, 2005 Atty.: Leon P. Hailer ALL that certain lot of ground situate in the Borough of Carlisle, County of Cumberland. State of Penn- sylvarda, bounded and described as follows: On the West by North Pitt Street; on the North by an alley and the property now or formerly of L. F. [;me Estate; on the Bast by property now or formerly of Lewis W. Butcher and on the South by property now or for merly of W. H. Cornman. Contain- ing in front on said North Pitt Street 21 feet 9 inches, and extending in depth of that width for a distance of 28 feet and thence further to ward the East of the width of 25 feet for the distance of 10 feet and 6 inches to the Easternmost line of said Lot. Together with the Right of way in. to and over a three feet and six inch wide alley~ rm~nlng in from said North Pitt Street. on the South side of said lot for the distance of 28 feet from said North Pitt Street. Known and numbered as 211-213 No. Pitt Street. HAVING THEREON ERECTED A DWELLING KNOWN AS 211-213 N. PITT STREET, CARLISLE, PENN SYLVANIA 17013. BEING THE SAME PREMISES WHICH Clarence E. Drew and Ruth E. Drew, by Deed dated 9/17/90 and recorded 9/17/90 in Cumber land County Deed Book T34, Page 1119, granted and conveyed unto Arthur D. Thompson and David C. Sheibley. TO BE SOLD AS THE PROPER- TY OF DAVID C. SHEIBLEY AND ARTHUR D, THOMPSON ON JUDG- MENT NO. 02-4647. ASSESSMENT NO. 05-20-1798- 086. 30 day of LOIS E, SN'~ Carlisle Boro, My Commissior