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HomeMy WebLinkAbout07-0440PHELAN 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQ1 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-440 CIVIL TERM V. PEARL E. BUTTS DARRYL L. SCOTT, SR Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against PEARL E. BUTTS and DARRYL L. SCOTT, SR, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 01/18/07 to 03/13/07 TOTAL $63,302.01 $830.50 $64,132.51 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. A 4 DANIEL G. SCHMIEG, ESQUIRF7 ' Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE:Ma&c1, /s1/ zn4,7 ` PRO PROTHY 147330 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 U.S. BANK NATIONAL ASSOCIATION, AS : COURT OF COMMON PLEAS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS- : CIVIL DIVISION THROUGH CERTIFICATES, 2006-EQI Plaintiff : CUMBERLAND COUNTY Vs. PEARL E. BUTTS DARRYL L. SCOTT, SR. Defendants TO: DARRYL L. SCOTT, SR. 638 CAMP STREET HARRISBURGPA17110 DATE OF NOTICE: MARCH 1. 2007 NO. 07-440 CIVIL TERM F I ra 3 a C"! THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 F NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 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 U.S. BANK NATIONAL ASSOCIATION, AS : COURT OF COMMON PLEAS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS- : CIVIL DIVISION THROUGH CERTIFICATES, 2006-EQ1 Plaintiff : CUMBERLAND COUNTY Vs. PEARL E. BUTTS DARRYL L. SCOTT, SR. Defendants TO: PEARL E. BUTTS 638 CAMP STREET HARRISBURG, PA 17110 DATE OF NOTICE: MARCH 1. 2007 NO. 07-440 CIVIL TERM FILE CUPY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET CUMBERLAND COUNTY SECURITIES CORPORATION MORTGAGE COURT OF COMMON PLEAS PASS-THROUGH CERTIFICATES, 2006-EQI 3476 STATEVIEW BLVD CIVIL DIVISION NO. 07-440 CIVIL TERM Plaintiff, V. PEARL E. BUTTS DARRYL L. SCOTT, SR Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on PLO.C.?y z°o?7, By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE ' Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQ1 3476 STATEVIEW BLVD Plaintiff, V. PEARL E. BUTTS DARRYL L. SCOTT, SR Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-440 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant PEARL E. BUTTS is over 18 years of age and resides at, 638 CAMP STREET, HARRISBURG, PA 17110. (c) that defendant DARRYL L. SCOTT, SR is over 18 years of age, and resides at, 638 CAMP STREET, HARRISBURG, PA 17110. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. r DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQI No. 07-440 CIVIL TERM Plaintiff, V. PEARL E. BUTTS DARRYL L. SCOTT, SR Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $64,132.51 Interest from 03/13/07 to JUNE 13, 2007 $969.68 and Costs (per diem -$10.54) , TOTAL $67,342.45 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Stati 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach desSRiption of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 147330 ? WW rti o Q ? ? Ap 4 ow ovo? Q ?w U w? ? w zWOU H ?? ?aUQ O? Oa GG z ?raw Wx ZWHE-+ a l..a f i r- e a ?= a ? h H? E+ ?O a pW.A O F U w? C u w o W? U ro ? ll ?r y y y v Y V C)z 1 ? V 13 4 222 ????_/ • + •Nr / ` L / v V rd ` vl w 00 aC:64 ' h h _ ? W W P64 o w ?+ o UU - -d Q a? i Jo + M Cd a V ti S V Li ' V V113 DESCRIPTION ALL THAT CERTAIN unit in the property known, named and identified in the Declaration Plan, referred to below as Westwood Village Condominium located in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, which has heretofore been submitted to the provisions of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 196, by the recording in the office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975 and recorded on January 29, 1975 in Misc. Book 213 at page 283 and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 28, 1976 and recorded on June 22, 1976 in Misc. Book 222 at Page 729 and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976 and recorded on July 26, 1976 in Misc. Book 223 at Page 343 and a certain Third Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June 9, 1978 and recorded on June 23, 1978 in Misc. Book 236 at Page 225 and a certain Fourth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June 13, 1978 and recorded on June 23, 1978 in Misc. Book 236 at Page 250 and a Code of Regulations of Westwood Village Condominium dated January 29, 1975 and recorded on January 29, 1975 in Misc. Book 213 at Page 328 and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976 and recorded on June 22, 1976 in Misc. Book 222 at Page 737 and Declaration Plan of Westwood Village Condominium dated January 29, 1975 and recorded on January 29, 1975 in Plan Book 26 at Page 15 and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976 and recorded on July 26, 1976 in Plan Book 28 at Page 72 and amended by a certain Second Amendment to Declaration Plan of Westwood Village Condominium dated June 16, 1978 and recorded on June 23, 1978 in Plan Book 33 at Page 28, being designated on said Declaration Plan of Westwood Village Condominium as Unit No. L9J-BI, in Block #1, known as 843 Melissa Court, Suite 301, Enola, Cumberland County, Pennsylvania, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto, TOGETHER with a.proportionate undivided interest in the Common elements (as defined in such Declaration) of.816 percent. BEING THE SAME premises which Jan L. Brown, executrix of the Estate of Margo A. McDonald by Deed dated July 14, 2004 and recorded July 20, 2004 in Book 264, Page 1219 in and for Cumberland County granted and conveyed unto Darryl L. Scott, Sr., GRANTOR HEREIN PARCEL IDENTIFICATION NO: 09-12-2992-001 A-U 13 01-1 Premises: 843 Melissa Court, #301, Enola, PA 17025 East Pennsboro Township Cumberland County Pennsylvania Note: Property is a Condominium RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Darryl L. Scott, Sr., a single man and Pearl E. Butts, a single woman, by Deed from Darryl L. Scott, a single man, dated 05/17/2006, recorded 05/30/2006, in Deed Book 274, page 3 862. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-440 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQ1, Plaintiff (s) From PEARL E. BUTTS AND DARRYL L. SCOTT, SR. (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 $64,132.51 L.L. $.50 Interest FROM 3/13/07 TO 6/13/07 (PER DIEM - $10.54) -- $969.68 AND COSTS Atty's Comm % Atty Paid $245.76 Plaintiff Paid Date: MARCH 14, 2007 (Seal) Due Prothy $1.00 Other Costs - (1 2 ,,, 0 t. am 0 P, Curtis 2ong, Prothonotarvve- 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 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQ1 Plaintiff, V. PEARL E. BUTTS DARRYL L. SCOTT, SR Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-440 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff ft.. J U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQ1 Plaintiff, V. PEARL E. BUTTS DARRYL L. SCOTT, SR Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-440 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQ1, 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, 843 MELISSA COURT 301, ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PEARL E. BUTTS DARRYL L. SCOTT, SR 638 CAMP STREET HARRISBURG, PA 17110 638 CAMP STREET HARRISBURG, PA 17110 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment SReditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Westwood Village Condominium 843 MELISSA COURT 301 ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 650 Westwood Drive Enola, PA 17025 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. H ) '-) March 13, 2007 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff v CD { U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQ1 Plaintiff, V. PEARL E. BUTTS DARRYL L. SCOTT, SR Defendant(s). CUMBERLAND COUNTY No. 07-440 CIVIL TERM March 13, 2007 TO: PEARL E. BUTTS 638 CAMP STREET HARRISBURG, PA 17110 DARRYL L. SCOTT, SR 638 CAMP STREET HARRISBURG, PA 17110 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. * * Your house (real estate) at, 843 MELISSA COURT 301, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs 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 $64,132.51 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EO1 (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 will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN unit in the property known, named and identified in the Declaration Plan, referred to below as Westwood Village Condominium located in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, which has heretofore been submitted to the provisions of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 196, by the recording in the office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975 and recorded on January 29, 1975 in Misc. Book 213 at page 283 and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 28, 1976 and recorded on June 22, 1976 in Misc. Book 222 at Page 729 and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976 and recorded on July 26, 1976 in Misc. Book 223 at Page 343 and a certain Third Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June 9, 1978 and recorded on June 23, 1978 in Misc. Book 236 at Page 225 and a certain Fourth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June 13, 1978 and recorded on June 23, 1978 in Misc. Book 236 at Page 250 and a Code of Regulations of Westwood Village Condominium dated January 29, 1975 and recorded on January 29, 1975 in Misc. Book 213 at Page 328 and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976 and recorded on June 22, 1976 in Misc. Book 222 at Page 737 and Declaration Plan of Westwood Village Condominium dated January 29, 1975 and recorded on January 29, 1975 in Plan Book 26 at Page 15 and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976 and recorded on July 26, 1976 in Plan Book 28 at Page 72 and amended by a certain Second Amendment to Declaration Plan of Westwood Village Condominium dated June 16, 1978 and recorded on June 23, 1978 in Plan Book 33 at Page 28, being designated on said Declaration Plan of Westwood Village Condominium as Unit No. L9J-BI, in Block #1, known as 843 Melissa Court, Suite 301, Enola, Cumberland County, Pennsylvania, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto, TOGETHER with a proportionate undivided interest in the Common elements (as defined in such Declaration) of.816 percent. BEING THE SAME premises which Jan L. Brown, executrix of the Estate of Margo A. McDonald by Deed dated July 14, 2004 and recorded July 20, 2004 in Book 264, Page 1219 in and for Cumberland County granted and conveyed unto Darryl L. Scott, Sr., GRANTOR HEREIN PARCEL IDENTIFICATION NO: 09-12-2992-001 A-U 13 01-1 Premises: 843 Melissa Court, #301, Enola, PA 17025 East Pennsboro Township Cumberland County Pennsylvania Note: Property is a Condominium RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Darryl L. Scott, Sr., a single man and Pearl E. Butts, a single woman, by Deed from Darryl L. Scott, a single man, dated 05/17/2006, recorded 05/30/2006, in Deed Book 274, page 3862. 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 (215) 563-7000 147330 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQI 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. PEARL E. BUTTS DARRYL L. SCOTT, SR. 843 MELISSA COURT 301 ENOLA, PA 17025 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 67- (nlvL?? 1 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 #: 147330 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 #: 147330 Plaintiff is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQ 1 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: PEARL E. BUTTS DARRYL L. SCOTT, SR. 843 MELISSA COURT 301 ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 05/17/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR EQUIFIRST CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1952, Page: 1279. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 147330 6. The following amounts are due on the mortgage: Principal Balance $59,407.72 Interest 2,098.90 09/01/2006 through 01/17/2007 (Per Diem $15.10) Attorney's Fees 1,250.00 Cumulative Late Charges 0.00 05/17/2006 to 01/17/2007 Cost of Suit and Title Search 550.00 Subtotal $ 63,306.62 Escrow Credit - 4.61 Deficit 0.00 Subtotal - 4.61 TOTAL $ 63,302.01 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. WHEREFOkE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 63,302.01, together with interest from 01/17/2007 at the rate of $15.10 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 By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 147330 LEGAL DESCRIPTION ALL THAT CERTAIN unit in the property known, named and identified in the Declaration Plan, referred to below as Westwood Village Condominium located in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, which has heretofore been submitted to the provisions of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 196, by the recording in the office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975 and recorded on January 29, 1975 in Misc. Book 213 at page 283 and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 28, 1976 and recorded on June 22, 1976 in Misc. Book 222 at Page 729 and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976 and recorded on July 26, 1976 in Misc. Book 223 at Page 343 and a certain Third Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June 9, 1978 and recorded on June 23, 1978 in Misc. Book 236 at Page 225 and a certain Fourth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June 13, 1978 and recorded on June 23, 1978 in Misc. Book 236 at Page 250 and a Code of Regulations of Westwood Village Condominium dated January 29, 1975 and recorded on January 29, 1975 in Misc. Book 213 at Page 328 and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976 and recorded on June 22, 1976 in Misc. Book 222 at Page 737 and Declaration Plan of Westwood Village Condominium dated January 29, 1975 and recorded on January 29, 1975 in Plan Book 26 at Page 15 and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976 and recorded on July 26, 1976 in Plan Book 28 at Page 72 and amended by a certain Second Amendment to Declaration Plan of Westwood Village Condominium dated June 16, 1978 and recorded on June 23, 1978 in Plan Book 33 at Page 28, being designated on said Declaration Plan of Westwood Village Condominium as Unit No. L9J-B1, in Block #1, known as 843 Melissa Court, Suite 301, Enola, Cumberland County, Pennsylvania, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto, TOGETHER with a proportionate undivided interest in the Common elements (as defined in such Declaration) of.816%. BEING Parcel No. 09-12-2992-001A-U1301-1 PROPERTY BEING: 843 MELISSA COURT File #: 147330 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 unsworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: 1 1 '-?-on ' O n C -Ti y ? ? W T1 ? un j AFFIDAVIT OF SERVICE PLAINTIFF U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQ1 DEFENDANT(S) PEARL E. BUTTS DARRYL L. SCOTT, SR SERVE PEARL E. BUTTS AT 638 CAMP STREET HARRISBURG, PA 17110 SERVED CUMBERLAND COUNTY No. 07-40 CIVIL TERM ACCT. #1100206529 Type of Action F60 141330 - Notice of Sheriffs Sale Sale Date: JUNE 13, 2007 Served and made known to tepar l?_ F • L 4S , Defendant, on the 2.l h of day of r0 4.-c t , 200 1 at L-2-0 , o'clock P.m., at 632' Caw,, Sfit?t 11u ?? `s i,,,.?T Pn 0110 Commonwealth of Pennsylvania, in the manner desSRibed below: ;?S 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: DesSRiption: Age -2L- Height S l f? Weight I rtS! Race 9_ Sex C- Other I, C.- S' S f ?c ?h •`S C . hl. y-r a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subsSRibed befor this -?- Z day of .200--? Notary By: AXE- PLEASE coh ATTEMPT i, SERVICE AT ° ??` LEAST 'Y 3 ? TIMES. SERVED INDICATE DATES & TIMES OF SERVICE ATTEMPTED ? !Rio:, ugh On the ? ay of 2? it o'clock _..m., Defendant NOT FOUND because: r uunty -}-- Moved [JnlEnowu 1>1© ?4nsver Vacant 1st Attempt: Time: 3rd Attempt: Time: Sworn to and subsSRibed before me this day of , 200 Notary: By: 2"d Attempt: / / Time: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 --? ?u - -? ? -r? ? .?, kr.j ?: ? '??? ; ?. '-? ?? r? ? ,t ? , '?. ?Y [y. ? ? ?v? _ _ ?. s? ?r w g X? ? // yy ..:r ?.. ? ? C? !^ ?-{ ?. ?? f r +/w ?q ? AFFIDAVIT OF SERVICE PLAINTIFF U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQ1 DEFENDANT(S) PEARL E. BUTTS DARRYL L. SCOTT, SR SERVE DARRYL L. SCOTT, SR AT 638 CAMP STREET HARRISBURG, PA 17110 SERVED CUMBERLAND COUNTY 1 No. 07-440 CIVIL TERM ACCT. #1100205552y9 nn Type of Action ` rt 14IN - Notice of Sheriff's Sale Sale Date: JUNE 13, 2007 Served and made known to a,-r' I L. Sc. T 5? , Defendant, on the 22- ",l day of 01 ,200-Z, at 1 ' J J , o'clock P.m., at 08' a -,o 5?rta FIG m SbJ?q PA 17 1? o , Commonwealth of Pennsylvania, in the manner desSRibed below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Alr(_pr-od e,e Pe,? r ] ?. J S, 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: DesSRiption: Age ?v ^ Height S z Weight 19& - Race Sex F Other I, (h'.;;6 0r bco-I' s C WL,4• , . a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of 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 subsSRibed befor this 2-day of , 2007 Notary: By. PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE con> , ;: ; ,`: = r; O PENNSYLVANIA ATTEMPTED. ;ir',L ,L 0 NOT SERVED W;, ('aunty On the pi "t r r a. r . r? 4 201,Q20 _, at Moved Unknown No Answer 1st Attempt: Time: 3rd Attempt: Time: Sworn to and subsSRibed before me this day of 1200-. Notary: By: o'clock ,_.m., Defendant NOT FOUND because: Vacant 2nd Attempt: Time: Attorney for Plaintiff Daniel G. Schmieg, Esquire I.D. No. 62205 c'3 ?' C7 MIT ('µ_ CA) .?.._' SALE DATE: JUNE 13, 2007 IN THE COURT OF COMMON PLEAS OF C CIVIL U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQ1 COUNTY, PENNSYLVANIA -LAW No.: 07-440 CIVIL TERM VS. PEARL E. BUTTS DARRYL L. SCOTT, CR AFFIDAVIT PURSU AND RETURN OF SE C TO RULE 3129.1 CE PURSUANT TO Plaintiff in the above action sets Execution was filed the following information as of the date the Praecipe for the Writ of the real property located at: 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 pe sons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) indicated, and a copy of the notice is attached as a (Form 3817) and/or Certified Mail Return Receipt for each notice. Amended Affidavit No. 2 on the date Exhibit. A copy of the Certificate of Mailing DANIEL SCHMIEG, ESQU Attorney for Plaintiff by the U.S. Postal Service is attached ' U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQ1 Plaintiff, V. PEARL E. BUTTS DARRYL L. SCOTT, SR Defendant(s). AFFIDAVIT I ( CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-440 CIVIL TERM UANT TO RULE 3129 avit No. 1) SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES 2006-E 1 , Plaintiff in the above action, by its attorney, DA EL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed a following information concerning the real property located at, 843 MELISSA COURT 301, ENOL PA 17025. 1. Name and address of Owner(s) or reputed Name ;s): Known Address (if address cannot be =bly ascertained, please indicate) PEARL E. BUTTS DARRYL L. SCOTT, SR 2. Name and address of Defendant(s) in the j Same as above 3. Name and last known address of every j real property to be sold: CAMP STREET RRISBURG, PA 17110 CAMP STREET tRISBURG, PA 17110 SReditor whose judgment is a record lien on the Name Known Address (if address cannot be )nably ascertained, please indicate) None 4. Name and address of last recorded holder of Name None 5. Name and address of every other person who Name None 6. Name and address of every other person who interest may be affected by the sale. Name None 7. Name and address of every other person of N the property which may be affected by the sale: mortgage of record: Last Known Address (if address cannot be reasonably ascertained, please indicate) any record lien on the property: Known Address (if address cannot be )nably ascertained, please indicate) any record interest in the property and whose Known Address (if address cannot be mably ascertained, please indicate) the plaintiff has knowledge who has any interest in Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Westwood Village Condominium Commonwealth of Pennsylvania Bureau of Individual Tax Internal Revenue Service Department of Public Welfare TPL Casualty Unit Estate Recovery Program 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) 843 MELISSA COURT 301 ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 650 Westwood Drive nola, PA 17025 nheritance Tax Division th Floor, Strawberry Square ept. #280601 arrisburg, PA 17128 ederated Investors Tower hirteenth Floor Suite 1300 001 Liberty Avenue ittsburgh, PA 15222 .O. Box 8486 illow Oak Building arrisburg, PA 17105-8486 1 avit are true and correct to the best of my personal that false statements herein are made subject to the rn falsification to authorities. r s' NIEL G. SCHMIEG, ESQU ornev for Plaintiff r c7o a? 3 o. n rn 7 ?o b o C/) s.? ? a a :ti ? tS1 ?. O d G G ? [ r1 0 p 3 0 ? W C) `D?,O.yO? r N `" M Oa to d ? ?. 8A ? ? n O M A ? d O m to ? m ?b Q9. o CT , o H ? N ig" 4 x Ny ?yNn ? ee3EE; ?n ? o mow.. ' °o 5 .w I N ? I cc DI n ro Z. C s co 9 65 r C O ? ? y C1 "d O n r r ? $ c~n G to ?l d d Y c b a ? W ? o o m W X ?7J N tTS ? m C b OVA 110-O'.0 °? ? trs b??z w `C cr GO G phi 4 x 7d a. w,. z? r r b co) C) O Poer ? d S 7 i 0 02 1M VAR 14 2007 Z1pcooe 19103 0004 1 FROM MAM ? { ti ? ? O? cn .P W N N a? ;o 63 -o m --1 C -0 C a o 0 '1 v c x 00 0 C 0 O 5 CL W CA R' ? A CO 00 - ? O CAD 0 -% Z 0 JA rn a: .o' ° U) to a=i a'? "fl A O W 3 n a o -+ I pr v ? > N G N J 2?0 bH^kIg- $SQS b ? G H ? to L(? ? CL ?- ?, CII• G? N ? ? R M C p' N M P n N p ?. C Aggq . CIi [i t?l yp ss K ? O O b 3 ? y ?a a?y5• c r 7 ?3 W D =r S V O -O+I i Q. 0 a cr 0 r c O m .s V N Y B r a a s a I o= a. W ?Z 07 ;F,4 OR Ct7 -P C R C? H C ? O'w Pc PITNEY aom E 02 1M $ 00.95D 0004218010 MAY11 2007 MAILED FROM ZIPCODE 19103 ?? -' ? ?) = - ri --t " _. 1: ,? {il i?. ? li-} 1-, i ?_+ .__... `? _'??r: r+ . . " • 1 ? SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00440 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS BUTTS PEARL E ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BUTTS PEARL E but was unable to locate Her in his bailiwick COMPLAINT - MORT FORE , He therefore returns the NOT FOUND , as to the within named DEFENDANT BUTTS PEARL E 843 MELISSA COURT 301 ENOLA, PA 17025 PER NEIGHBOR, GIVEN ADDRESS IS VACANT. Sheriff's Costs: Docketing 18.00 Service 26.40 Not Found 5.00 Surcharge 10.00 .00 59.40 So answers - '- R. Tho s Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG a-1 e 02/21/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00440 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS BUTTS PEARL E ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SCOTT DARRYL L SR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , SCOTT DARRYL L SR 843 MELISSA COURT 301 ENOLA, PA 17025 PER NEIGHBOR, GIVEN ADDRESS IS VACANT. Sheriff's Costs: Docketing Service Not found Surcharge 6.00 .00 5.00 10.00 .00 So answers;- oe- R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 02/21/2007 310 >?01 21.00 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-00440 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS BUTTS PEARL E ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BUTTS PEARL E but was unable to locate Her deputized the sheriff of DAUPHIN in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On February 21st , 2007 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answerer Docketing 6.00 -? Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Dauphin Cc 41.25 Sheriff of Cumberland County Postage 1.11 6 7. 3 6 ? 3/0 7/b 7 02/21/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-00440 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS BUTTS PEARL E ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SCOTT DARRYL L SR but was unable to locate Him deputized the sheriff of DAUPHIN in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On February 21st , 2007 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answer , -? Docketing 6.00 w- " Out of County .00 ????... Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 16.00 ? 3167161 C? 02/21/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania, US Bank National Association VS. Pearl E. Butts SERVE: Pearl E. Butts No. 06-440 civil Now, January," 23; 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of.Service Now, at o'clock M. served the within upon at by handing to a and made known to Sworn and subscribed before me this day of )20 copy of the original the contents thereof. So answers, Sheriff of . County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT In The Court of Common Pleas of Cumberland County, Pennsylvahia US Bank National Association VS. Pearl E. Butts SERVE: Darryl L. Scott Sr. No. 06-440 civil Now, January; 23, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, 20 , at o'clock M. served the with upon at by handing to a and made known to Sheriff of copy of the original So answers, the contents thereof. COSTS SERVICE MILEAGE _ AFFIDAVIT Sworn and subscribed before me this day of , 20 County, PA (Pf f irQ of #4e S4rriff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania US BANK NATIONAL ASSOCIATION vs County of Dauphin BUTTS PEARL E Sheriff's Return No. 0118-T - - -2007 OTHER COUNTY NO. 07-440 AND NOW:January 30, 2007 at 9:10AM served the within COMPLAINT IN MORTGAGE FORECLOSURE BUTTS PEARL E to DEFENDANT upon by personally handing 1 true attested copy(ies) of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 638 CAMP ST (CURRENT ADDRESS) HBG, PA 17110-0000 ADDRESS: 2559 NORTH 6TH ST, HBG, PA. 17110 IS VACANT. Sworn and subscribed to before me this 31ST day of JANUARY, 2007 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2010 So Answers, Sheriff of Dauphin County, Pa. Y Deputy Sheriff Sheriff's Costs:$41.25 PD 01/25/2007 RCPT NO 225863 STRUBHA Offla, Of t4P S4-eriff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania US BANK NATIONAL ASSOCIATION vs County of Dauphin BUTTS PEARL E Sheriff's Return No. 0118-T - - -2007 OTHER COUNTY NO. 07-440 AND NOW:January 30, 2007 at 9:10AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon SCOTT DARRYL L SR by personally handing to PEARL BUTTS, ADULT FRIEND OF DARRYL, SR 1 true attested copy(ies) of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 638 CAMP ST HBG, PA 17110-0000 Sworn and subscribed to before me this 31ST day of JANUARY, 2007 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2010 So Answers, Sheriff--of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs:$41.25 PD 01/25/2007 RCPT NO 225863 STRUBHA Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Identification No. 203009 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 U.S. Bank National Association, As Trustee for the Structured Asset Securities Corporation Mortgage Pass-Through Certificates, 2006- EQl Plaintiff Attorney for Plaintiff Court Of Common Pleas Civil Division Cumberland County, Pennsylvania Vs. Pearl E. Butts Darryl L. Scott, Sr. Defendant(s) :07-440 CIVIL Term EXCEPTIONS TO SHERIFF'S SALE DISTRIBUTION PURSUANT TO PA.R.C.P. RULE 3136(d) And now comes Plaintiff, U.S. Bank National Association, As Trustee for the Structured Asset Securities Corporation Mortgage Pass-Through Certificates, 2006-EQI, by and through its counsel, Phelan Hallinan & Schmieg, LLP, and prays that this Honorable Court grant Plaintiff's Exceptions to Sheriff's Sale Distribution of Proceeds for the following reasons: 1. The Plaintiff is U.S. Bank National Association, As Trustee for the Structured Asset Securities Corporation Mortgage Pass-Through Certificates, 2006-EQ 1 , the holder of that certain Mortgage dated May 17, 2006 and recorded May 30, 2006 at Mortgage Book 1952, Page 1279 in the Cumberland County Recorder's Office. Mortgage was subsequently assigned to Plaintiff by virtue of that certain Assignment of Mortgage recorded March 23, 2007 at Mortgage Book 0735, Page 1584. 2. The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings in execution on the Mortgage on January 19, 2007. Attached hereto, made a part hereof, and marked as Exhibit "A" is a true and correct copy of the Complaint in Mortgage Foreclosure. 3. Plaintiff obtained a Default Judgment on March 14, 2007, in the amount of $ 64,132.51. Attached hereto, made a part hereof, and marked as Exhibit "B" is a true and correct copy of the Praecipe for Default Judgment. 4. On June 13, 2007, the premises located at 843 Melissa Court 301, Enola, PA 17025 (hereinafter "Property"), was sold at the Cumberland County Sheriff s Sale pursuant to Writ of Execution issued out of the captioned case. 5. The Property was struck down to a third-party bidder for the amount of $71,800.00. 6. On or about July 13, 2007, in accordance with Pa.R.C.P. 3136(d), the Sheriff provided Plaintiff with a copy of its Schedule of Distribution, which distribution listed the Plaintiff as receiving $65,347.95. Attached hereto, made a part hereof and marked as Exhibit "C"' is a true and correct copy of the Sheriff s Schedule of Distribution. 7. Since the entry of the Default Judgment, Plaintiff has expended additional sums, including taxes, property maintenance fees, and insurance premiums, relative to the Property to protect its collateral. 8. The total debt owed to Plaintiff at the time of the Sale was $68,017.49, the amount Plaintiff bid at sale. 9. According to Extraco Mortgage v. Williams, 2002 Pa. Super. 246, 805 A.2d 543 (2002), amounts expended by Plaintiff to protect its collateral since the time of default judgment are recoverable and relate back to the date of the Mortgage for priority. 10. Plaintiff is requesting that the Schedule of Distribution be amended to reflect payment to Plaintiff in the amount of $68,017.49. The Sheriff has funds available to pay the amount Plaintiff is seeking. 11. Plaintiff requests this Honorable Court enter an Order directing the Sheriff to pay Plaintiff the balance due as follows: Principal: Interest: Property Inspection Sheriff's Deposit Corporate Advance Balance due: $59,407.72 $ 4,329.12 $ 15.00 $ 1,500.00 $ 2,765.65 $68,017.49 WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order amending the Schedule of Distribution to the executing Plaintiff in the amount of $68,017.49, and directing the Sheriff to pay the Plaintiff the balance due of $68,017.49. Respectfully submitted, PHELAN HHAAL'LINAN AND SCHMIEG, LLP Date: July 20, 2007 By;. Michael E. Carleton, Esq. Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Identification No. 203009 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 U.S. Bank National Association, As Trustee for the Structured Asset Securities Corporation Mortgage Pass-Through Certificates, 2006- EQ1 Plaintiff Vs. Pearl E. Butts Darryl L. Scott, Sr. Defendant(s) Attorney for Plaintiff Court Of Common Pleas : Civil Division Cumberland County, Pennsylvania :07-440 CIVIL Term BRIEF IN SUPPORT OF PLAINTIFF'S EXCEPTIONS TO DISTRIBUTION 1. FACTUAL BACKGROUND The Plaintiff is U.S. Bank National Association, As Trustee for the Structured Asset Securities Corporation Mortgage Pass-Through Certificates, 2006-EQ 1 , the holder of that certain Mortgage dated May 17, 2006 and recorded May 30, 2006 at Mortgage Book 1952, Page 1279 in the Cumberland County Recorder's Office. Mortgage was subsequently assigned to Plaintiff by virtue of that certain Assignment of Mortgage recorded March 23, 2007 at Mortgage Book 0735, Page 1584. The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings in execution on the Mortgage on January 19, 2007. Plaintiff obtained a Default Judgment on March 14, 2007, in the amount of $ 64,132.51. On June 13, 2007, the premises located at 843 Melissa Court 301, Enola, PA 17025 (hereinafter "Property"), was sold at the Cumberland County Sheriffs Sale pursuant to Writ of Execution issued out of the captioned case. The Property was struck down to a third-parry bidder for the amount of $71,800.00. On or about July 13, 2007, in accordance with Pa.R.C.P. 3136(d), the Sheriff provided Plaintiff with a copy of its Schedule of Distribution, which distribution listed the Plaintiff as receiving $65,347.95. Since the entry of the Default Judgment, Plaintiff has expended additional sums, including taxes, property maintenance fees, and insurance premiums, relative to the Property to protect its collateral. The total debt owed to Plaintiff at the time of the Sale was $68,017.49, the amount Plaintiff bid at sale. Plaintiff is requesting that the Schedule of Distribution be amended to reflect payment to Plaintiff in the amount of $68,017.49. The Sheriff has funds available to pay the amount Plaintiff is seeking. II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 3136(d) allows a party to file Exceptions to the Sheriff s proposed Schedule of Distribution within ten days of the date of posting of the proposed schedule. In the instant case, Plaintiff has filed timely exceptions. The Superior Court of Pennsylvania held in the case of Extraco Mortgage v. Williams, 2002 Pa. Super. 246, 805 A.2d 543 (Pa. Super. 2002), that payments for taxes and insurance, and through implication, other costs collectable under the Note and Mortgage, made by a senior lienholder following the entry of default judgment on its Mortgage relate back to the date of mortgage for the priority. In the instant matter, Plaintiff has expended additional sums, including taxes, property maintenance fees, and insurance premiums, relative to the mortgaged property to protect its collateral. In accordance with the holding in Extraco Mortgage, these amounts are recoverable upon the distribution of sale proceeds and take priority over any amounts owed to junior lienholders. Additionally, this Court has plenary power to administer equity according to well settled principles of equity jurisprudence cases under its jurisdiction. Cheval v. City of Philadelphi, 116 Pa. Super. 101, 176 A. 779 (Pa. Super. 1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them without encouraging technical niceties in the modes of procedure and forms of pleading. Gunnett v. Trout, 380 Pa. 504, 112 A.2d 333 (Pa. 1955). Plaintiff submits that this Court should exercise its equity and discretion to allow the instant motion to be heard as it was promptly filed in anticipation of the distribution of proceeds of sale in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order amending the Schedule of Distribution to the executing Plaintiff in the amount of $68,017.49, and directing the Sheriff to pay the Plaintiff the balance due of $68,017.49. Respectfully submitted, PHELAN HALLINAN AND SCHMIEG, UP Date: July 20, 2007 Michael E. Carleton, Esq. 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 (215) 563-7000 147330 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQI 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. PEARL E. BUTTS DARRYL L. SCOTT, SR. 843 MELISSA COURT 301 ENOLA, PA 17025 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM t' n NO. 077 CUMB RLAND COUNTY "?kq N?\q?Dl . L ? a RRI ATTnpru& -.. _ rIIF CIVIL ACTION - LAW', COMPLAINT IN MORTGAGE FORECLOSURE ,-- NOTICE v1 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 ATTORNEY FILE CCU( Carlisle, PA 17013 We hereby certify the RETURN (800)990-9108 within to be a true and PLEASE Correct copy of the originals (sect of record File #: 147330 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 #: 147330 1. Plaintiff is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQ 1 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: PEARL E. BUTTS DARRYL L. SCOTT, SR. 843 MELISSA COURT 301 ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 05/17/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR EQUIFIRST CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1952, Page: 1279. 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 10/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File it: 147330 6. The following amounts are due on the mortgage: Principal Balance $59,407.72 Interest 2,098.90 09/01/2006 through 01/17/2007 (Per Diem $15.10) Attorney's Fees 1,250.00 Cumulative Late Charges 0.00 05/17/2006 to 01/17/2007 Cost of Suit and Title Search 550.00 Subtotal $ 63,306.62 Escrow Credit - 4.61 Deficit 0.00 Subtotal 4.61 TOTAL $ 63,302.01 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. WHEREFOkE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 63,302.01, together with interest from 01/17/2007 at the rate of $15.10 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 By: /s/Francis S. Hal{inan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 147330 LEGAL DESCRIPTION ALL THAT CERTAIN unit in the property known, named and identified in the Declaration Plan, referred to below as Westwood Village Condominium located in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, which has heretofore been submitted to the provisions of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 196, by the recording in the office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975 and recorded on January 29, 1975 in Misc. Book 213 at page 283 and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 28, 1976 and recorded on June 22, 1976 in Misc. Book 222 at Page 729 and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976 and recorded on July 26, 1976 in Misc. Book 223 at Page 343 and a certain Third Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June 9, 1978 and recorded on June 23, 1978 in Misc. Book 236 at Page 225 and a certain Fourth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June 13, 1978 and recorded on June 23, 1978 in Misc. Book 236 at Page 250 and a Code of Regulations of Westwood Village Condominium dated January 29, 1975 and recorded on January 29, 1975 in Misc. Book 213 at Page 328 and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976 and recorded on June 22, 1976 in Misc. Book 222 at Page 737 and Declaration Plan of Westwood Village Condominium dated January 29, 1975 and recorded on January 29, 1975 in Plan Book 26 at Page 15 and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976 and recorded on July 26, 1976 in Plan Book 28 at Page 72 and amended by a certain Second Amendment to Declaration Plan of Westwood Village Condominium dated June 16, 1978 and recorded on June 23, 1978 in Plan Book 33 at Page 28, being designated on said Declaration Plan of Westwood Village Condominium as Unit No. L9J-B1, in Block #1, known as 843 Melissa Court, Suite 301, Enola, Cumberland County, Pennsylvania, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto, TOGETHER with a proportionate undivided interest in the Common elements (as defined in such Declaration) of.816%. BEING Parcel No. 09-12-2992-001A-U1301-1 PROPERTY BEING: 843 MELISSA COURT File #: 147330 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: \ l - (:) \ 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 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQ1 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff, ATTORNEY FILE COPY LEASE RETURN CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07440 CIVIL TERM V. PEARL E. BUTTS ATTORNEY FILE COPY DARRYL L. SCOTT, SR PLEASE RET N UIl N CC 77 __ cam:! ?y ° -T7 ?- Defendant(s). A PRAECIPE FOR IN REM JUDGMENT FOR FAILURE T .:- ? ? :: ANSWER AND ASSESSMENT OF DAMAGES -<:-, o CL fit:; a ca? TO THE PROTHONOTARY: -- r I o y Kindly enter an in rem judgment in favor of the Plaintiff and against PEARL E. BUTTS and DARRYL L. SCOTT, SR, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 01/18/07 to 03/13/07 TOTAL $63,302.01 $830.50 $64,132.51 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. 0q. vao AT!'ORN' FILE COpY DANIEL G. SCHMIEG, ESQUIW SSE RETURN Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 147330 , MoRN 't PLEASE FILE COPY ErURN EXHIBIT "C" SCHEDULE OF DISTRIBUTION SALE NO. 96 Date Filed: July 13, 2007 Writ No. 2007-440 Civil Term U.S. Bank National Association as Trustee for the Structured Asset Securities Corporation Mortgage Pass-Through Certificates, 2006-EQ1 VS Pearl E. Butts and Darryl L. Scott, Sr. 843 Melissa Court, #301 Enola, PA 17025 Sale Date: Buyer: Bid Price: Real Debt: Interest: Attorney V Total: $65,347.95 DISTRIBUTION: June 13, 2007 Green Ridge Leasing LLC $71,800.00 $64,132.51 969.68 /rit Costs: 245.76 Receipts: Cash on account (03/16/2007): Cash on account (06/13/2007): Cash on account (06/29/2007): Total Receipts: $ 1,500.00 7,180.00 68,183.60 $76,863.60 Disbursements: Sheriffs Costs $3,035.92 Legal Search 200.00 Transfer Tax, Local 963.80 Transfer Tax, State 963.80 Debbie Lupold, Tax Collector 948.39 East Pennsboro Township 246.00 Attorney Daniel Schmieg 1,500.00 U.S. Bank, National Association 65,347.95 Pearl E. Butts and Darryl L. Scott, Sr. 3,657.74 Total Disbursements: ($76,863.60) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff VERIFICATION I, Michael E. Carleton, Esquire, hereby state that I am the attorney for the Plaintiff herein and am authorized to make this verification. I hereby verify that the information contained in Plaintiff's Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P., 3136(d) is true and correct to the best of my knowledge, information and belief. I am aware that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, PHELAN HALLINAN AND SCHMIEG, LLP Date: July 20, 2007 By: Michael E. Carle , sq. Attorney for Plaintiff 9j t,i -cJ O ?Q C `J, Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Identification No. 203009 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 U.S. Bank National Association, As Trustee for the Structured Asset Securities Corporation Mortgage Pass-Through Certificates, 2006- EQ1 Plaintiff Vs. Pearl E. Butts Darryl L. Scott, Sr. Defendant(s) Attorney for Plaintiff Court Of Common Pleas Civil Division : Cumberland County, Pennsylvania : 07-440 CIVIL Term CERTIFICATE OF SERVICE I, Michael E. Carleton, Esquire, hereby certify that true and correct copies of the Plaintiff s Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P. Rule 3136(d), and Brief were served upon the following: Pearl E. Butts Darryl Scott, Sr. 843 Melissa Court 301 Enola, PA 17025 Pearl E. Butts Darryl Scott, Sr. 638 Camp Street Harrisburg, PA 17110 R. Thomas Kline Sheriff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Dated: July 12, 2007 By:? Michael E. Carleton, Esquire Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORP. MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQ1, PLAINTIFF V. PEARL E. BUTTS, DARRYL L. SCOTT, SR., DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-0440 CIVIL ORDER OF COURT AND NOW, this 25th day of July, 2007, upon consideration of the Plaintiff's Exceptions to Sheriff's Sale Distribution, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants, Pearl E. Butts, Darryl L. Scott, Sr., and the Cumberland County Sheriff to show cause why the relief requested should not be granted; 2. The parties will file an answer on or before August 14, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Parties file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. 4. The Prothonotary is directed to forward said Answers to this Court. By the Court, M. L. Ebert, Jr., J. rl 60 -1 Mild S iE it LOOZ Michael E. Carleton, Esquire Attorney for Plaintiff Pearl E. Butts Darryl L. Scott, Sr. 843 Melissa Court, 301 Enola, PA 17025 Pearl E. Butts Darryl Scott, Sr. 638 Camp Street Harrisburg, PA 17110 Cumberland County Sheriff - ip'S" ?-5 b bas r- Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Identification No. 203009 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 U.S. Bank National Association, As Trustee for the Structured Asset Securities Corporation Mortgage Pass-Through Certificates, 2006-EQ1 Plaintiff Vs. Pearl E. Butts Darryl L. Scott, Sr. Defendant(s) Attorney for Plaintiff : Court Of Common Pleas : Civil Division : Cumberland County, Pennsylvania :07-440 CIVIL Term CERTIFICATE OF SERVICE I, Michael E. Carleton, Esquire, hereby certify that a true and correct copy of the July 25, 2007 Rule to Show Cause with respect to Plaintiff's Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P. Rule 3136(d) and this Certification were served by regular mail on the date listed below on the following: Pearl E. Butts Darryl Scott, Sr. 843 Melissa Court 301 Enola, PA 17025 Pearl E. Butts Darryl Scott, Sr. 638 Camp Street Harrisburg, PA 17110 Dated: August 2, 2007 R. Thomas Kline Sheriff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Respectfully submitted, PHELAN HALLINAN & SC EG, LLP Michael E. Carleton, Esquire Attorney for Plaintiff P U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORP. MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQ1, PLAINTIFF V. PEARL E. BUTTS, DARRYL L. SCOTT, SR., DEFENDANTS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-0440 CIVIL ORDER OF COURT AND NOW, this 25t' day of July, 2007, upon consideration of the Plaintiffs Exceptions to Sheriffs Sale Distribution, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants, Pearl E. Butts, Daryl L. Scott, Sr., and the Cumberland County Sheriff to show cause why the relief requested should not be granted; 2. The parties will file an answer on or before August 14, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Parties file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. 4. The Prothonotary is directed to forward said Answers to this Court. By the Court, Y\?\ -t ?" ? M. L. Ebert, Jr., 11 6 J. Michael E. Carleton, Esquire Attorney for Plaintiff Pearl E. Butts Darryl L. Scott, Sr. 843 Melissa Court, 301 Enola, PA 17025 Pearl E. Butts Darryl Scott, Sr. 638 Camp Street Harrisburg, PA 17110 Cumberland County Sheriff bas Ca n N ... , 4LD Z q? V Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Atty. I.D. No. 203009 One Penn Center Plaza at Suburban Station 1617 John F. Kennedy Blvd., Ste 1400 Philadelphia, PA 19103-1814 (215) 563-7000 U.S. Bank National Association, as Trustee for the Structured Asset Securities Corporation Mortgage Pass-Through Certificates, 2006-EQ 1 3476 Stateview Blvd Fort Mill, SC 29715 Plaintiff VS. Pearl E. Butts Darryl L. Scott, Sr. 843 Melissa Court 301 Enola, PA 17025 Defendant(s) Attorney for Plaintiff Civil Division Cumberland County, Pennsylvania : Court of Common Pleas 07-440 Civil Term MOTION TO MAKE RULE ABSOLUTE And now comes Plaintiff, by and through its attorney, Phelan Hallinan & Schmieg, LLP, and hereby petitions this Honorable Court to make the Rule to Show Cause issued on July 25, 2007, absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 1) Plaintiff filed Exceptions Pursuant to Pa.R.C.P. 3136(d) to Amended Schedule of Distribution of Sale No. 96 Held on June 13, 2007 with the Court on or about July 23, 2007. 2) This Honorable Court issued a Rule upon Defendants and all interested parties on July 25, 2007, to show cause why the Exceptions should not be granted. A true and correct copy of the Rule is attached hereto, made a part hereof, and marked as Exhibit "A." 3) The Rule to Show Cause was forwarded to all parties at their last known address as evidenced by Plaintiff s Certificate of Service filed on or about August 3, 2007. A true and correct copy of the Certificate is attached hereto, made part hereof, and marked as Exhibit «B 4) Defendants and all interested parties have failed to respond or otherwise plead to the Rule Returnable date of August 14, 2007. WHEREFORE, Plaintiff prays this Honorable Court make the Rule issued on July 25, 2007, absolute and enter an Order granting Plaintiffs Exceptions Pursuant to Pa.R.C.P. 3136(d) to Amended Schedule of Distribution of Sale No. 96 Held on June 13, 2007. Respectfully Submitted, Phelan Hallinan & Sc LLP 2S Date: Michael E. Car a on, Esquire Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORP. MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQ1, PLAINTIFF V. PEARL E. BUTTS, DARRYL L. SCOTT, SR., DEFENDANTS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-0440 CIVIL ORDER OF COURT AND NOW, this 250' day of July, 2007, upon consideration of the Plaintiff's Exceptions to Sheriff's Sale Distribution, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants, Pearl E. Butts, Darryl L. Scott, Sr., and the Cumberland County Sheriff to show cause why the relief requested should not be granted; 2. The parties will file an answer on or before August 14, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Parties file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. 4. The Prothonotary is directed to forward said Answers to this Court. By the Court, yvi, -t ?" / M. L. Ebert, Jr., 7v J. 1.1% U . Michael E. Carleton, Esquire Attorney for Plaintiff Pearl E. Butts Darryl L. Scott, Sr. 843 Melissa Court, 301 Enola, PA 17025 Pearl E. Butts Darryl Scott, Sr. 638 Camp Street Harrisburg, PA 17110 Cumberland County Sheriff bas Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Identification No. 203009 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 U.S. Bank National Association, As Trustee for the Structured Asset Securities Corporation Mortgage Pass-Through Certificates, 2006-EQ1 Plaintiff Vs. Pearl E. Butts Darryl L. Scott, Sr. Defendant(s) Attorney for Plaintiff Court Of Common Pleas Civil Division : Cumberland County, Pennsylvania :07-440 CIVIL Term CERTIFICATE OF SERVICE I, Michael E. Carleton, Esquire, hereby certify that a true and correct copy of the July 25, 2007 Rule to Show Cause with respect to Plaintiff s Exceptions to Sheriffs Sale Distribution Pursuant to Pa.R.C.P. Rule 3136(d) and this Certification were served by regular mail on the date listed below on the following: Pearl E. Butts R. Thomas Kline Darryl Scott, Sr. Sheriff of Cumberland County 843 Melissa Court 301 Cumberland County Courthouse Enola, PA 17025 One Courthouse Square Carlisle, PA 17013 Pearl E. Butts Darryl Scott, Sr. 638 Camp Street Harrisburg, PA 17110 Respectfully submitted, PHELAN HALLINAN & SC 1 G, LLP Dated: August 2, 2007 By Michael E. Carleton, Esquire Attorney for Plaintiff VERIFICATION Michael E. Carleton, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he 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 his 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: Respectfully Submitted, Phelan Hallinan & Schmieg, LLP Michael E. Carle on, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Atty. I.D. No. 203009 Attorney for Plaintiff One Penn Center Plaza at Suburban Station 1617 John F. Kennedy Blvd., Ste 1400 Philadelphia, PA 19103-1814 (215) 563-7000 U.S. Bank National Association, as Trustee for the Structured Asset Securities Corporation Mortgage Pass-Through Certificates, 2006-EQ 1 3476 Stateview Blvd Fort Mill, SC 29715 Plaintiff VS. : Civil Division Court of Common Pleas Pearl E. Butts Darryl L. Scott, Sr. 843 Melissa Court 301 Enola, PA 17025 Defendant(s) : Cumberland County, Pennsylvania : 07-440 Civil Term CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served by regular mail on the following on the date listed below: Pearl E. Butts R. Thomas Kline Darryl Scott, Sr. Sheriff of Cumberland County 843 Melissa Court 301 Cumberland County Courthouse Enola, PA 17025 One Courthouse Square Carlisle, PA 17013 Pearl E. Butts Darryl Scott, Sr. 638 Camp Street Harrisburg, PA 17110 Respectfully Submitted, Phelan Hallinan & Schmi LP Date: 12 Michael E. Carleton, Esquire Attorney for Plaintiff _ ( r-_.} C.'? _ \_._ c:.a e...y 'Pl ?J :i __ ?"1 4 , Z r t` ti ?-$+; ?..?? F •? DEC 0 7 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank National Association, as Trustee for the Structured Asset Securities Corporation Mortgage Pass-Through Certificates, 2006-EQ1 3476 Stateview Blvd Fort Mill, SC 29715 Plaintiff vs. Pearl E. Butts Darryl L. Scott, Sr. 843 Melissa Court 301 Enola, PA 17025 Civil Division : 07-440 Civil Term Defendant(s) ORDER A AND NOW, this (0 day of N.C... , 2007, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the Rule issued upon Defendants and all interested parties dated July 25, 2007, shall be and is hereby made absolute; Plaintiffs Exceptions Pursuant to Pa. R.C.P. 3136(d) to Amended Schedule of Distribution of Sale No. 96 Held on June 13, 2007, are GRANTED; and the Sheriff shall forthwith issue a revised Schedule of Distribution reflecting distribution to Plaintiff in the sum of $68,017.49. BY THE COURT: /\/ H ti -{ A no 10 .C 'Wd 01 0 }0 LGOZ 3'Hi JO COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Green Ridge Leasing LLC is the grantee the same having been sold to said grantee on the 13th day of June A.D., 2007, under and by virtue of a writ Execution issued on the 14th day of March, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 440, at the suit of u S Bank N A Tr for Strucured Asset Securties Coro against Pearl E Butts & Darryl L Scott Sr is duly recorded in Deed Book No. 281, Page 506. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this '-Z ?- day of , A.D.;,-t)o of Deeds Recorder of Deeds, GWW6(erW County, Cadiz, PA My t'.onrFde m EVWS the Feet Monday of Jan. 2010 A U.S. Bank National Association, as Trustee Iri The Court of Common Pleas of For the Structured Asset Securities Cumberland County, Pennsylvania Corporation Mortgage Pass-Through Writ No. 2007-440 Civil Term Certificates, 2006-EQ 1 VS Pearl E. Butts and Darryl L. Scott, Sr. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants, to wit: Pearl E. Butts and Darryl L. Scott, Sr., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. Dauphin County Return: And Now: April 27, 2007 at 11:01 AM served the within Real Estate Writ, Notice & Description upon Pearl E. Butts and Darryl L. Scott, Sr., by personally handing to Pearl Butts two true attested copies of the original Real Estate Writ, Notice and Description and making known to her the contents thereof at 638 Camp Street, Harrisburg, PA 17110. So answers: J. R. Lotwick, Sheriff of Dauphin County, PA. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 1046 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 Pearl E. Butts and Darryl L. Scott, Sr. located at 843 Melissa Court #301, Enola, 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 defendants, to wit: Pearl E. Butts and Darryl L. Scott, Sr., by regular mail to their last known address of 638 Camp Street, Harrisburg, PA 17110. These letters were mailed under the date of May 08, 2007 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 13, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $71,800.00 to W. Wade Kelly on behalf of Green Ridge Leasing LLC. It being the highest bid and best price received for the same, Green Ridge Leasing LLC, of 6375 Basehore Road, Mechanicsburg, PA 17050, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $75,363.60. Sheriffs Costs: Docketing $30.00 Poundage 1,436.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 14.40 Levy 15.00 Surcharge 30.00 Out of County 9.00 Dauphin County 41.25 Law Journal 719.00 Patriot News 571.10 Share of Bills 16.17 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $3,035.92 R. Thomas Kline, Sheriff Aj- BY -S Real Estat Sergeant ? /Ioh y C?. Y' UU 11 5D U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET CUMBERLAND COUNTY SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQ1 COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 07-440 CIVIL TERM PEARL E. BUTTS DARRYL L. SCOTT, SR Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EO1, 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, 843 MELISSA COURT 301, ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name PEARL E. BUTTS DARRYL L. SCOTT, SR Last Known Address (if address cannot be reasonably ascertained, please indicate) 638 CAMP STREET HARRISBURG, PA 17110 638 CAMP STREET HARRISBURG, PA 17110 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment SReditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Westwood Village Condominium 843 MELISSA COURT 301 ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 650 Westwood Drive Enola, PA 17025 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. N March 13, 2007 t1? DATE DANIEL G. SCHMIEG, ESQUI/ Attorney for Plaintiff v 1.- U.S. BANK NATIONAL ASSOCIATION, AS CUMBERLAND COUNTY TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE No. 07-440 CIVIL TERM PASS-THROUGH CERTIFICATES, 2006-EQ1 Plaintiff, V. PEARL E. BUTTS DARRYL L. SCOTT, SR Defendant(s). March 13, 2007 TO: PEARL E. BUTTS DARRYL L. SCOTT, SR 638 CAMP STREET 638 CAMP STREET HARRISBURG, PA 17110 HARRISBURG, PA 17110 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 843 MELISSA COURT 301, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs 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 $64,132.51 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EOI (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 will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN unit in the property known, named and identified in the Declaration Plan, referred to below as Westwood Village Condominium located in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, which has heretofore been submitted to the provisions of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 196, by the recording in the office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975 and recorded on January 29, 1975 in Misc. Book 213 at page 283 and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 28, 1976 and recorded on June 22, 1976 in Misc. Book 222 at Page 729 and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976 and recorded on July 26, 1976 in Misc. Book 223 at Page 343 and a certain Third Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June 9, 1978 and recorded on June 23, 1978 in Misc. Book 236 at Page 225 and a certain Fourth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June 13, 1978 and recorded on June 23, 1978 in Misc. Book 236 at Page 250 and a Code of Regulations of Westwood Village Condominium dated January 29, 1975 and recorded on January 29, 1975 in Misc. Book 213 at Page 328 and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976 and recorded on June 22, 1976 in Misc. Book 222 at Page 737 and Declaration Plan of Westwood Village Condominium dated January 29, 1975 and recorded on January 29, 1975 in Plan Book 26 at Page 15 and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976 and recorded on July 26, 1976 in Plan Book 28 at Page 72 and amended by a certain Second Amendment to Declaration Plan of Westwood Village Condominium dated June 16, 1978 and recorded on June 23, 1978 in Plan Book 33 at Page 28, being designated on said Declaration Plan of Westwood Village Condominium as Unit No. L9J-BI, in Block 91, known as 843 Melissa Court, Suite 301, Enola, Cumberland County, Pennsylvania, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto, TOGETHER with a proportionate undivided interest in the Common elements (as defined in such Declaration) of.816 percent. BEING THE SAME premises which Jan L. Brown, executrix of the Estate of Margo A. McDonald by Deed dated July 14, 2004 and recorded July 20, 2004 in Book 264, Page 1219 in and for Cumberland County granted and conveyed unto Darryl L. Scott, Sr., GRANTOR HEREIN PARCEL IDENTIFICATION NO: 09-12-2992-OOIA-U1301-1 Premises: 843 Melissa Court, #301, Enola, PA 17025 East Pennsboro Township Cumberland County Pennsylvania Note: Property is a Condominium RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Darryl L. Scott, Sr., a single man and Pearl E. Butts, a single woman, by Deed from Darryl L. Scott, a single man, dated 05/17/2006, recorded 05/30/2006, in Deed Book 274, page 3862. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-440 Civil COUNTY OF CUMBERLAND) . CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2006-EQ1, Plaintiff (s) From PEARL E. BUTTS AND DARRYL L. SCOTT, SR. (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 $64,132.51 L.L. $.50 Interest FROM 3/13/07 TO 6/13/07 (PER DIEM - $10.54) -- $969.68 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $245.76 Plaintiff Paid Date: MARCH 14, 2007 (Seal) Other Costs 1JCpULy 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 ILI I?W &ICA Real Estate Sale # 96 On March 16, 2007 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 843 Melissa Court 301, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 16, 2007 By: ?- t, & ? Real Estate Sergeant SCHEDULE OIF DISTRIBUTION SALE NO. 96 8 _ Date Filed: July 13, 2007 Writ No. 2007-440 Civil Term U.S. Bank National Association as Trustee for the Structured Asset Securities Corporation Mortgage Pass-Through Certificates, 2006-EQ 1 VS Pearl E. Butts and Darryl L. Scott, Sr. 843 Melissa Court, #301 Enola, PA 17025 Sale Date: Buyer: Bid Price: Real Debt: Interest: Attorney V Total: DISTRIBUTION: June 13, 2007 Green Ridge Leasing LLC $71,800.00 $64,132.51 969.68 Irit Costs: 245.76 $65,347.95 Receipts: Cash on account (03/16/2007): $ 1,500.00 Cash on account (06/13/2007): 7,180.00 Cash on account (06/29/2007): 68,183.60 Total Receipts: $76,863.60 Disbursements: Sheriffs Costs $3,035.92 Legal Search 200.00 Transfer Tax, Local 963.80 Transfer Tax, State 963.80 Debbie Lupold, Tax Collector 948.39 East Pennsboro Township 246.00 Attorney Daniel Schmieg 1,500.00 U.S. Bank, National Association 65,347.95 Pearl E. Butts and Darryl L. Scott, Sr. 3,657.74 Total Disbursements: ($76,863.60) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff .. . r AMENDED SCHEDULE OF DISTRIBUTION SALE NO. 96 Date Filed: January 2, 2008 Writ No. 2007-440 Civil Term U.S. Bank National Association as Trustee for the Structured Asset Securities Corporation Mortgage Pass-Through Certificates, 2006-EQ1 VS Pearl E. Butts and Darryl L. Scott, Sr. 843 Melissa Court, #301 Enola, PA 17025 Sale Date: Buyer: Bid Price: Real Debt: Interest: Attorney V Total: $65,347.95 DISTRIBUTION: June 13, 2007 Green Ridge Leasing LLC $71,800.00 $64,132.51 969.68 /rit Costs: 245.76 Receipts: Cash on account (03/16/2007): Cash on account (06/13/2007): Cash on account (06/29/2007): Total Receipts: $ 1,500.00 7,180.00 68,183.60 $76,863.60 r Disbursements: Sheriff s Costs Legal Search Transfer Tax, Local Transfer Tax, State Debbie Lupold, Tax Collector East Pennsboro Township Westwood Village Condo Association Attorney Daniel Schmieg U.S. Bank, National Association Pearl E. Butts and Darryl L. Scott, Sr. Total Disbursements: Balance for distribution: So Answers: $3,035.92 200.00 963.80 963.80 948.39 246.00 236.00 1,500.00 68,017.49 Per Order of Court 752.20 ($76,863.60) 0.00 R. Thomas Kline Sheriff :?' SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale No. 96, held June 13, 2007 EFFECTIVE DATE: June 18, 2007 PREMISES: 843 Melissa Court, No. 301, Enola, Pennsylvania 17025 (the "Premises"), tax parcel No. 09-12-2992-OOIA-U1301-1. RECITAL: Being the same premises which Darryl L. Scott, Sr., single man, by his Deed dated May 17, 2006 and recorded May 30, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 274, Page 3862, granted and conveyed unto Darryl L. Scott, Sr., single man and Pearl E. Butts, single woman. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. M, 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All real Estate taxes on the Premises assessed but not billed, including, but not limited to, those Real Estate taxes accruing on and after July 1, 2007. 20. Mortgage in the amount of $59,500.00 from Pearl E. Butts and Darryl L. Scott to MERS (EquiFirst Corporation) dated May 17, 2006 and recorded May 30, 2006 in Mortgage Book 1952, Page 1279, assigned to U. S. Bank, N.A. as Trustee for the Structured Asset Securities Corp. Mortgage Pass-Through Certificates recorded March 23, 2007 in Misc. Book 735, Page 1584. -2- ti y 21. Judgment against Pearl E. Butts and Darryl L. Scott, Sr. in favor of U. S. Bank National Association as Trustee for the Structured Asset Securities Corporation Mortgage Pass- Through Certificates 2006-EQ 1 in the amount of $64,132.51 entered March 14, 2007 to No. 2007-440. 22. All building setback lines, easements, notes, conditions and all matters appearing in Plan Book 26, Page 15. 23. All restriction, covenants, easements and conditions and all matters appearing in Deed Book 274, Page 3862. 24. Rights granted to Riverton Consolidated Water Co. in Misc. Book 220, Page 161, Misc. Book 212, Page 414 and Misc. Book 213, Page 652. 27. Rights granted Pennsylvania Power and Light Company and The Bell Telephone Company of Pennsylvania in Misc. Book 206, Page 809 and Misc. Book 214, Page 332. 28. Rights granted The Bell Telephone Company of Pennsylvania in Misc. Book 208, Page 816. 29. Subject to rights and title of others in co-tenancy in and to the use and disposition of the common elements. 30. Possible priority of a assessments which may come due during the six months immediately preceding any foreclosure action. 31. Any unpaid dues and assessments associated with the condominium unit. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By. I? Keith O. Brenneman -3- REAL ESTATE SALE NO. 96 Writ No. 2007-440 Civil U.S. Bank National Association, as Trustee for the Structured Asset Securities Corporation Mortgage Pass-Through Certificates, 2006-E91 vs. Pearl E. Butts and Darryl L. Scott, Sr. Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN unit in the property known, named and identi- fled in the Declaration Plan, referred to below as Westwood Village Con- dominium located in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, which has heretofore been submit- ted to the provisions of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 196, by the recording in the office of the Re- corder of Deeds of Cumberland County, Pennsylvania, of a Decla- ration Creating and Establishing Westwood Village Condominium dated January 29, 1975 and re- corded on January 29, 1975 in Misc. Book 213 at page 283 and amended by a certain First Amend- ment to Declaration Creating and Establishing Westwood Village Con- dominium dated May 28, 1976 and recorded on June 22, 1976 in Misc. Book 222 at Page 729 and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976 and recorded on July 26, 1976 in Misc. Book 223 at Page 343 and a certain Third Amendment to Declaration Creating and Establish- ing Westwood Village Condominium dated June 9, 1978 and recorded on June 23, 1978 in Misc. Book 236 at Page 225 and a certain Fourth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June 13, 1978 and recorded on June 23, 1978 in Misc. Book 236 at Page 250 and a Code of Regulations of Westwood Village Condominium dated January 29, 1975 and re- corded on January 29, 1975 in Misc. Book 213 at Page 328 and amended by a certain First Amend- ment to Code of Regulations of Westwood Village Condominium dated May 28, 1976 and recorded on June 22, 1976 in Misc. Book 222 at Page 737 and Declaration Plan of Westwood Village Condo- minium dated January 29, 1975 and recorded on January 29, 1975 in Plan Book 26 at Page 15 and amended by a certain First Amend- ment to Declaration Plan of Westwood Village Condominium EXHIBIT A dated July 21, 1976 and recorded on July 26, 1976 in Plan Book 28 at Page 72 and amended by a cer- tain Second Amendment to Decla- ration Plan of Westwood Village Con- dominium dated June 16, 1978 and recorded on June 23, 1978 in Plan Book 33 at Page 28, being desig- nated on said Declaration Plan of Westwood Village Condominium as Unit No. L9J-BI, in Block # 1, known as 843 Melissa Court, Suite 301, Enola, Cumberland County, Penn- sylvania, as more fully described in such Declaration Plan and Declara- tion Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amend- ments thereto, TOGETHER with a proportionate undivided interest in the Common elements (as defined in such Declaration) of.816 percent. BEING THE SAME premises which Jan L. Brown, executrix of the Estate of Margo A. McDonald by Deed dated July 14, 2004 and recorded July 20, 2004 in Book 264, Page 1219 in and for Cumberland County granted and conveyed unto Darryl L. Scott, Sr., GRANTOR HEREIN. PARCEL IDENTIFICATION NO: 09-12-2992-OOIA-U1301-1. Premises: 843 Melissa Court, #301, Enola, PA 17025, East Pennsboro Township, Cumberland County, Pennsylvania. Note: Prop- erty is a Condominium. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Darryl L. Scott, Sr., a single man and Pearl E. Butts, a single woman, by Deed from Darryl L. Scott, a single man, dated 05/ 17/2006, recorded 05/30/2006, in Deed Book 274, page 3862. 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#96 pad Eutaw am wto tkS.lt??aWl?+, ,, pssw? ? r? P - ' C" 1 V$ i Dw L. ftd% Or r AUV. Dtttt W SdMnMO a. 0 DESCN ALL THAT CRaNN ma in die F*M known. Wd W *Wj&d in & Dew " P1oo, obned tea bebw r w atim a ;aged: a. Peso oblinibed W the Peso of &C Usk ft** AG of PeassyW ga, Ad of J* 3,1%3, P].. 196, by !Ire'. it &e vies d 64 COMMONWEALTH OF PL NS`; LV NIA Notarial Saal Terry L. Russell, [votary Public City OF Harrisburg, ?Iauphin Courtly My mission piresJune6,2010 Membe en is Association of Notaries N ARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Sworn to and subscribed before me this 18th day of May 2007 A.D. 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. 96 Lisa Marie Co e, Editor SWORN TO AND SUBSCRIBED before me this 4 day of May, 2007 P , `ALv LC' ! ? .. 5 y 1v ary Nblic .t;I Gourr?y ,fr r "3'f4p c ??h.J? Writ No. 2007-440 Civil U.S. Bank National Association, as Trustee for the Structured Asset Securities Corporation Mortgage Pass-Through Certificates, 2006-EQ 1 VS. Pearl E. Butts and Darryl L. Scott, Sr. Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN unit in the property known, named and identi- fied in the Declaration Plan, referred to below as Westwood Village Con- dominium located in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, which has heretofore been submit- ted to the provisions of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 196, by the recording in the office of the Re- corder of Deeds of Cumberland County, Pennsylvania, of a Decla- ration Creating and Establishing _ Westwood Village Condominium