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Home My WebLink About02-5438MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Homecomings Financial Network, Inc. 9275 Sky Park Court San Diego, CA 92123 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE vs. y 3P ??t C lfiu,,-l TAMMY D. LEWELLEN AND NANCY A. MCDILDA Defendants THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE ET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: ST USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Homecomings Financial Network, Inc. 9275 Sky Park Court San Diego, CA 92123 Plaintiff vs. TAMMY D. LEWELLEN AND NANCY A. MCDILDA, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/o Homecomings Financial Network, Inc., 9275 Sky Park Court San Diego, CA 92123 Plaintiff vs. TAMMY D. LEWELLEN AND NANCY A. MCDILDA, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ?? , ?y3 6 ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, MORTGAGE ELECTRONIC REGISTRTION SYSTEMS, INC., herein after referred to as MERS, is the owner of legal title to the Mortgage subject to the Mortgage to this action and nominee for Homecomings Financial Network, Inc., which is the owner of the entire beneficial interest in the Mortgage, with an address of 9275 Sky Park Court, San Diego, California 92123. 2. Defendant, TAMMY D. LEWELLEN, is an adult individual, whose last known address is 139 NORTH BEDFORD STREET, CARLISLE, PENNSYLVANIA 17013. Defendant, NANCY A. MCDILDA, is an adult individual, whose last known address is 139 NORTH BEDFORD STREET, CARLISLE, PENNSYLVANIA 17013. 3. On or about, July 27, 1999, the said Defendants, executed and delivered a Mortgage Note in the sum of $58,400.00 payable to OLD KENT MORTGAGE COMPANY, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1563, Page 39 conveying to original Mortgagee the subject premises. Mortgage Electronic Registration Systems, Inc. is acting solely as nominee for Homecomings Financial Network, Inc., its Successors and Assigns. The Said Mortgage is attached hereto and marked as Exhibit "B". 5. The land subject to the Mortgage is: 139 NORTH BEDFORD STREET, CARLISLE, PENNSYLVANIA 17013 and is more particularly described in Exhibit "C" attached hereto. 6. The said Defendants are the real owners of the property. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on June 01, 2002 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $19.26 per day From 05/01/2002 To 12/01/2002 ( based on contract rate of 12.000%) Accumulated Late Charges Late Charges $30.04 From 06/01/2002 to 12/01/2002 Escrow Balance Attorney's Fee at 5% of Principal Balance TOTAL $57,773.45 $4,121.64 $0.00 $240.31 $0.00 $2,888.67 $65,024.07 "Together with interest at the per diem rate noted above after December 01, 2002 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, PWnfiffdemands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 12.000% ($19.26 per diem), together with other charges and costs including escrow advances incidental thereto to the date of 'ff's S and for foreclosure and sale of the property within described. By: PURCELL, KRUG & HALL R Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) • BALLOON NOTE •?I AP/ 30 MCDILDA.NANC (Fixed Rat) LN# 1355082 THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. THE LENDER 18 UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU WILL, THEREFORE, RE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN. OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER YOU HAVE THIS LOAN WITH, WILLING TO LEND YOU THE MONEY. W YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER. July 27, 1999 Resat Ickyl Isaal 139 North Bedford Street.Carlisle.PA 17013 IPr "M Aawe.l 1. BORROWER'S PROMISE TO PAY In ntpuaIm for s ban due I have received. I ptanse to pay U.S. S 58.400.00 (this sonuut is called nh ?toOeoNesoftlmLeda.TbeLenderie Old Kent Mortgage Company, A ZHIGAN).eiORPORATI I undeniod that the Lender may transfer this Note. The Leader or anyone who Lakes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder... 2. WERE4f chsrB? nterest years rue owill be 12.00000 0 R? until the full am m of principal ban been paid. 1 will pay interest u a The interest rue requited by this Section 2 is the rate I will pay bah before and after any deft di described m Section 6(B) of this Note. 3. PAYMENTS (A) Time and Plana of Payment, I will pay principal and iotapt by nuking psymrnu every math. I will nuke my monthly payments an the 1st day of each rmmb beginning on October 1999 . 1 will nuh these pymmts every month moil I have paid aR of the principal and interest and any other charges described below dues I may owe under this Note. My monthly psyucas will be applied to incest before principal. If. on September 1. 2014 , 1 still owe amounts under thin NoLa I will pay those amounts in full on that due. which is called de "MatuAty Date... Iwillmakemyoenthlypymmrsu 6397 Emerald Parkway. SUitel00. Oublin. Oli 43016 or at a different piece if required by the Note Holder. (B) Amount of MmtMy Psymentn my uenWly pyrennt will be in the arseunt of U.S. s 600.71 4. BORROWER'SBIGIrr TO PREPAY as al have the right to make payments of principal at my time before they we due. A payment of principal only is know, I PaYmmt." Wbeo 1 make a prapoymmt. 1 will tall the Note Holder in writing dot 1 Lan doin an. 1 only nuke a full P11POu" or penny prepayments without g em Ming of my I?rapaY,ems to [dole the amount of Principal that o under r any Inclailmnent this s Note. If 1 make charge. The Nile Holder Will will be no citanges in the due due or in the amount my numahly Payment unless the Note a Holder DaWynwrit dare those changes s agree in writing to MULTOTATE RAu.doa ,Lan RATE tore. • mitres Famed • VMdA UWORM MEMMMY 70r naafi maw tiw h s a Fvm 1260 2197 at-8vurawara+arawa.mar.asn IIIIIII IIIIII IIII III II I VIII fll?l IIII IIII III IIII 0 E ey((Io • 0 S. LOAN CHARGES If a law, which applies to this loco and which sear maximum loin charges. is finally interpreted to that the imeear or other loan charges collated or to be collected in connection with this loan exceed the permitted limits, toes: (i) any such loan charge shed be reduced by the amount necessary to reduce the charge to the permitted limit: and (10 any sums already Collated from se which exeaded perroitted limits will be reloaft o me. The Now Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be trend as a partial prepayment. 6. BORROWER'S FAILURE TO FAY AS REQUIRED IA) Law Cbwgs for Overdue Payments If the Note Holder has nce received the full amount of my monthly payment by the cod of 15 calendar drays alter the date it is due. I will pry a late charge to the Note Holder. The amount of the charge will be 5.0000 IS of my overdue payment of principal and interest. I will pry this Inc charge lmompty but only once co each lee payment. (B) Ddaoth If 1 do not pay ter full amount of each momMy, payment on the due it is doe. I will be in default. (C) Notice of Defiuh If I am in default. the Note Holder may send me a written notion wi ing me that if I do not pay the overdue amount by a amain dare, the Note Holder may require me to pay m nrNhuly the full .mound of principal which has not been paid and all the latest that I owe on that amount. Man date most be at least 30 days after the date on which the notice is delivered or malld to mr. (D) No Waiver by Now Bolder Even if, at ¦ time when I m in default. the Now Holler dun not require me to pay immediately in full as described above. the Note Holder will rill have the right to do an if 1 am in default at a later time. (E) Payment of NOW Holder's coo sad Expems If the Note Hokder has required me to pry immediately in full as described above. the Nom Holder will have the di a to be paid back by me for all of its testa and expect in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for mampie, mesooable attorneys' fen. 7. GMNG OF NOTICES Unless applicable law require a different method. any notice the must be Sim to me under this Note will be Sim by delivering it or by mel'mg it by fast class mail to me at the property Address above or at a different address if I give The Note Holder a notice of may difSsea address. Any notice that rout be given to the Nom Holder under this Now will be given by mailing it by fin clan moil to the Note Holder at the address staid in Section 3(A) above or at a diffrrem address if 1 an given a naka of that differs. addreat. S. OBLIGATIONS OF PERSONS UMM THIS NOTE Hmnre than tea pram signs this Note, each person is fully and personally obligated to keep all of the promises nude in this Note. including the promise to pay the full aoount owed. Any person who is a guarantor, surety or endorse of this Note is aim obligated to do toes things. Any person who takes ova ore obligations, lrcldiog ter obligations of ¦ guarantor, surety or endorsor of this Note. is aim obligated to keep all of the promises made in this Noe. The Note Holder may enforce its rights under this Now against cash person individually or against all of as together. This means that any one of m may be requird to pay an of the amounts owed under this Note. 9. WAIVERS I and my other pan= wbo has obligations under this Now waive the rights of presentment and notice of dishonor. "Premor meat" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishow r" .Mess the right to require the Now Holder to give notice to otherpersons ten amroubts des have cot been paid. IS.UNBrORM BECURED NOTE This Nos is a uniform Instrument with limited variations in soma jurisdiction. In addition to the protections give to th e Now Holder ruder this Note, a Mortgage. Dad of Trans or Security Deed (the "Stewity Lntrumoent"). dmsd is same date as make thitshiNote, put" s Now the New Holder from possible lone which might result If I do Dot keep the promises which i Security Innumm describes how ad under what condition 1 may be requined to nuke Immediate payment in fall of ail amounts 1 mere ender this Now. Some of dim conditions are described as follows: 40tomT arch wrraa Parrrh x231)87 wihW .71rmW& of the Propeny m a Bmelkial Interest in Borrower. If alt many pan of the Properly or My interest in it is said or tramiland (m if a beneficial imam in Borrower is said to trensferred and Borrower is not a natural person) without Lender's prior wriu m consort, lender may, at its option, require immediate McCaw in fell of all an= secured by this Security Instruction. However, this option shall ram be exercised by Lender if exercise is prohibited by federal law as of the dam of this Security lartmar em. If Leader exercises this option. Lender shall give Borrows notice of aceeleraim. The notice shall provide ¦ period of not less then 70 days from die dams the notice is delivered m mailed within which Barons mat pay all N= seemed by this Security Inanummt. if Borrorrer falls to pay these surn prim to deer expiration of this period. Leader may invoke soy remedies pertained by this Security Iaterano m without fmttkr motix or demend an Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE uNDEBSIGNED. J Nancy A. Roilder ?-?Ikw ) Tammy Lewell i,t14 < <! aver -awmw Pay b the Order of Uncut Rewire Old KIM Ne ve G^'i-??f: x ASIchIQaa Cesparadon Mona Efickaon, L.? P mgn originr only) qk-a7nr wore nr• 303 Berm a]em 30157 M .21'7076co parcel Number: AN 30 MCOILDA,NANC LN# 1355082 lhUr??r .?..,:. 0? 13n1gS? 82 a ffLc, .; ISPese Abner Inds Lh. For ReconROg Datal MORTGAGE MIN THIS MORTGAGE ("Security Instrument') is given on July 27. 1999 Nancy A. MCOildd, unmarried and Tammy Lewellen . The mortgagor is ("Borrower"). This Security Instrument is given 10 Mortgage Electronic Registration Systems, Inc. ('MFRS'), (solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigus), as beneficiary. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, lei. (888)679-MERS. Old Kent Mortgage Company. A MICHIGAN CORPORATION ('Lender') is organized and existing under the laws of the State of Michigan ' addressor6397 Emerald Parkway, Suite100. Dublin. 011 43016 and has an Fifty Eight Thousand Four Hundred and no/100 . Borrower owes Lender the principal sum of This debt is evidenced by Borrower's note dated the sane dale M this Sect, Dollars MY (U.S. $ 58.400. 00 ). l Instrument ("Note"), which provides for munlhly payments, with the full debt, if not paid earlier, doc and payable on Seteber 1, 21 This Security Instrument =or= to render: (a) the repayment of the debt evidenced by the Note, with interest, andall renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect. the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose. Borrower does hereby mortgage, grant and convey to MGRS (solely u PENNSYLVANIA-Singte FamiY-FNMAIFHLMC UNIFORM WSTRUMENT WITH MERS P,iv, 1 M a -61IPAl Oean.ol ypa}qa p} W, xwnrwcrfaRYY• ISaa13}1.1$91 Farm 3039 91" Amended 2199 W14366216 2970760--_ CMTE 4333rMtrt?111?55?97188IVI 1110II9?IfulflEa ?11ryNI' 11?I{??y ?R11?0IIp??3I80oo7333e6B2204 llrraal?Y?I??0111?11IMI W1M 1111 N 1611 "j5" nominee for Lender and fender's mcma ors and assigns) and to the successors and as-.ens of MFRS, the following described property located in Cumberland County, Pennsylvania: which has the address of 139 North Bedford Street Carlisle Icayl, Pennsylvania 17013 fixtures now Instrument, / that MERS h with law or c of them inter grail and i and will dt THIS variations I and lender on the da, and assessments s or ground rcnls o if any; (e) yearly the provisions of lender may, at a related mortgage 1974 as amended sag a lesser me Lender may estin Escrow Items or i The Furls Isirved Izip code) ('Properly Address"); 2 W ITT all the' mprovetnents now or hereafter erected on the property, and all easements, apppurtenances, and hercafltt a pan of the property. All r lecemrnls and additions shall also be covered by Ihis Security .( the foreggoing is referred to In this Security Instrument as the 'Property." Borrower understands and agrees as rpu granted onlyy 1egal title I. the inte twm by Borrower in this Security Instrument; but, if naessary to wmply gym, MFRS, inee for Le n d er er and Ilml's successors and assigns), has the right: to exerase any or all including, but not limited to, the right to foreclose and sell the Property; and to take any action required of but not limited to releasing or, canceling this Security Instmment. R COVENANTS shat Dorrowtr is lawfully seised of the esla th and e Property and that the prop erly is unrncumbercd, except for rncumbrarlw of record. Borrower warrants enerally the title to 111' Progeny against all claims and demands, subject to any encumbrances of record. IRITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited tdiuion to constitute a uniform security inummenl covering real progeny. COVENANTS. Borrower and Lender coveNnl and agree as follows: of PrindpN and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the nercsl on the deb evidenced by the Note and any prepayment and late charges due under the Note. r Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to monthly payn cents arc due undtt the Note, until the Note is paid in full, a sum ('Funds') for: (a) yearly taxes lhich may attar 'rionly over this Security Instument as a lien on the Prop'ny; (b) yearly leasehold payments 1 the Property, If any; (c) yearly hazard or properly insurance premiums; (d) yearly hood insurance premiums, mortgage insurance premiums, if any; and (1) any awns payable by Borrower It: Lender, in accordance with paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called 'Escrow Items.' ny time, collect and hold FFunds in an amount not to exceed the maximum amount a lender for a federally loan may require for Borrower's escrow account under the federal Real Estate Settlement Promdures Am of from time to time, 12 U.S.C. Section 2601 er nq. ("RESPA"), unless another law That appplies a the Funds on. If so, Lender may, at any time, collect and hold Funds in an around not to exceed the lesser amount. ale the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future nherwise in accordance with applicable law. snare oe nets m an nmmtu ion wham deposits are insured by a federal agency, inslrunneniality, or entity (including Leader, if Lender is such an institution) or in any Federal Horne Loan Bank. Lender shall apply die Funds to pay the Escrow Items. Lender may not charge Borrower for bolding and applying The Funds, annually analyzing she escrow account, or verifying the Escrow )lens, unless Leader pays Borrower interest on the (units and applicable law permits Lender to make such a charge. However, Lender may rtqulre Borrower to pay aone-lime charge for an independent real estate tax opening service ruN byy Lender in conrMClion with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires Interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds, Borrower and Lendcr may agree in wrilingg however, That interest shall he pail on the Funds. Lender shall glut to Borrower, without charge, an -null accounting of the Funds, showingg credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as adJillonal Wearily fur all sums secured by this Security Instnrment. If the Funds held by Lender exceed the amounts pennilleJ to be held by applicable law, Lender shall account to Borrower for the racers Funds in aceordance wish the rcquiremcnis of applicable law. If the amount of the Funds held by Lender at any one is not sufficient do pay the Escrow hems when due. LcnJcr inay so notify Borrower in writing, and, in such can Borrower monthly Payment s at Lender's sole d di shall pay to Lender the amount necuaarryy ' mscretiakeon up the deficiency. Borrower shall make up the deficiency in no more than twelve , . Upon Payment to full of all sures secured by ']us Surity Insmunnu, Lender shall Promptly refund to Borrower any Funfls Hel it gy Lender. If, under paragraph 21, Lender shall ecacquire or sell the Propery, Lendtt, prior to the acquisition or sale t she Progeny, shall apply any Funds held by Lender at the lime of acquisition or sale as a credit against 'lie sums secured by this See city Insmrm n, 3. Application of Payments. Unless applicable law provides otherwise, all payments received by-Lender under paragraphs 1 and 2 shall be applied: first, to, any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal tine; and Iasi, to any late charges due under the Note. r? (M-aNIPA)lfaore or 0 P. 2.18 Form 3039 9190 4. Charges; Liens. Borrower shun pay all taxi, at n may attain priority ova this Security instrument, to If writing ro the payment of 1Ihe obligation accurcd by I by, or defends against enforcement of the lien m, mfOmemem of the lien; or (c) secures from the hold This Severity Instrument. If Lender determines that t this Security Instrument, Lender my give Borrower more of the actions set forth above within to days of 5. Berard or Property Insurance. Borrows Property insured against loss by fire, hazards hsdud floods or flooding, for which Lender requires boilers that Lender requires. The insurance tamer pr nvidin which shall not be unreasonably withheld. if Bowen charges, fin" am, ..apositions attributable to the PropMy hold payments or ground tents, if any. Borrower shall pay aid in thy manner, Borrower shall pay them on time directly rider all notices of amounts to be paid under this paragraph. Y fumish to Lender receipts evidencing the payments, over this Security Instrument unless Borrower: (a) agrees in smear acceptable to tender; (b) contests in good faith the lien ngs which in The Lender's opinion operate to prevent the n agreement satisfactory to Lender subordinating the lien to Property is subject to alien which my attain priority over (ying the lien. olmwes shall satisfy the lien or lake one or shall keep the irnerovemonts mw existing or hereafter erected on the d within the term extended coverage' and any other hazards, including xi. This insurance shall be maintained in the amounts and for the periods the insurance shall be chosen by Borrower subject to Lender's approval option. obtain coverage to protect Lender's rights in the faProperty inairrdcoee with p naph 7show . ' lender may, at Lender's All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If tender requires. Borrower shall promptly give to Lender all receipts of pa premiums and renewal mutes. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. [.ender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Propesty damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, she insurance yyroceeds shall he applied to the sums accused by this Security Instrument, whether or not then due, with any excess paid to Uorrower. If Borrower abandons the Property, or does not answer within 30 days a mute from Lender that The insurance carrier has offered to mile a claim, then Lerida may collect the insurance proceeds. Lender ma use the proceeds to repair or restore the property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change she amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any Insurance policies and proceeds resulting front darsge 10 the Property prior to the acquisition shall pass to Lender tt the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protecion of the Property; Borrower's Urn Application; Lea "cis. Borrower shall occupy, establish, and use the Property as Borrower's pprincipal residence within sixty days after the execution of this Security InstromenT and shall continue to occupy the Property as Ilorrower's principal residence for at least one year after the dale of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which arc beyond Borrower's control. Borrower shall eta destro y, damage or impair the Properly, allow the Property to deteriorate, or commit waste on file Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's gad faith judgment could result in forfeiture of the Property or otherwise materially impair The lien created by this Security Instrument or Lender's security interest. Borrower may cum such a default and reinstate, as provided in paragraph 18. by causing the action or proceedingg to be dismissed with a rulin that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Propeny or other material l impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, rgnesentations concemmg Borrower's occupancy of the Property as a principal residence. If This Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, The leasehold and the fee title shall rot serge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails no perform the covenants and agreements contained in this Security instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probale, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay rat whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument. appearing in court, paying eeasomable attorneys' fees and entering on the Property to make repairs. Although Lender may lake action under this paragraph 7. Leader does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall becorue additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lendcr agree to other tenor of payment, these amounts shall bear interesn from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrumens. Borrower shall pay the premiums required in maintain the mortgage insurance in effect. If, for any reason, slit mortgage insurance coverage required by Lender lapses or ceases no be in effect. Borrower shall pay the premiums required to oW6in coverage substantially equivalent to the mortgage insurance previously in a fect, at a cost substantially equivalent to the cost M Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to me-twdhh of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Under will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve vy, ae,e Form 3039 9/90 payments may no longer be required, at the option of Lender, if mortgage insurance coverage (tn the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the Prernlmns required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mongagc insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or iti agent may rake reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of he Property, or for conveyance in lieu of condemnation, shall be paid to Lender. are hereby assigned and In the event of a total taking of the Property, the proceeds shall be applied to the suns secured by this Security instrument, whether or not then due, with any excess paid to Borrower. in Ne event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sumo secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balm" shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Immument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower (ails to respond to Lender within 30 days after the date the notice is given, lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. 11, Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by fender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any,forbeannce by fender in exercising any right or remedy shall out be a waiver of or preclude the exercise of any right or remedy, 12. Succemrs and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant And convey that Borrower's interest in the Property under the tenor of this Security Instmincnlp (b) is not personally obligated to secured by this Security Instrument.- and (c) agrees that Lender and any other Borrower may agree to extend, modify? Ibrrbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges mllected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the Amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to rake this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 10. Notices, Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class retail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address fender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability, This Security Instrument shall be governed by federal law and the law of the jurifdiction in which the Properly is located. In the event that any provision or clause of this Security Instrument or die Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument slid the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of tine Note and of this Security Instrument. 6NIPA1 naort of hx?.re? ...We Form 3039 9190 17. Trsntfr of the Properly jr a Beneficial Intetat I. Borrowr. If all or an is mid' transferred (or if a beneficial {merest in Borrower is sold or Transferred Lender's prior written comrnl, req any Pan of the Property or any interest in it Security Instrument. Howe at its ? ver, this op ion shall not he ex=! " buire Immediate pzymentr?n full of all aums l secured by of ihr' It SecAm Lender fnatrum ent . led y Lender if exercise is prohibited b federal law as exercise, this , y Y his Iw than 30 den f 00011 Leader ,hail give Borrower mod of Ibc dale Seeurit Ins Ys from the date the nmfce is dative ce Of acceleration. The notice shall j trument• If Bortowei falls to pay h red or mailed within which Borrower must suvmsc a period of min permitted by this Security Instmmers is. BIrDWer's Right to Rt without furtherulot{Pce the expiration of this rind, Pay All secured by this aforcemem of S t of this this S ra, If demand on Borrower. Pe Lender may invoke any remedies applicable law may specify Security I for mtm elme ,tntadiscontinued Borrow" , or d", attain conditions, B eadeorrower shall have the right 10 have reinstatement) before Y ime prior to the earlier of: (a) 5 den of- Lr Instmmenl' or (b) "try of a tad ,ale of the properly Pursuant to an Ys (or such ofhr period as Leader all sums which then would be duge uunndlerr this Sg this Security Instmmenl. Those condilits arc that Borrows this cures any default of any olhr covenants or a this ccufiy Irrstmmont and the Note as i that no () pays tat the I, but of limited to reasonable atto y ' (c) pays all expenses incurred {n I no a0 asnon had occurred; (b) mt. t the lien of this Security Instra Lendemr e? rights f' ia aMd(d) takes both action as Borrower Lender enforcing a Security Instmnd m the this Sec secured bmb shall rem calls. ain f fully elf PmPcrty and Borrower's obligation °mP Y bhettorein sugrm astatcntered he not cepP1Y urity ly in secuInsucalm red hereby shall remain fully effeged' as Upon if na accea-m enf had ccarred, This ar Security fhurity Inrmrwnl not apply I9. Sal the e of casNeinofe; had a?l?uon under paragraph IT. However, This righ shal l Instrument) may be sold one or mom times without prior Theo Nnceine to or a Borrower, partial A sale interest ma in the Note (together with this Security as he "Loan Servicer") that ,Ilse monthly payments due under the Note and this Security I The realso or more changes of the Loan 11=13 given written notice of the than rvmr unrelated to a brie u the Nine. If here a change or in a change in the entity (known li ins a in y mat. ? may be one address of the new g e with paragraph 14 above and applicable law. The notice w'rllrstaa a the name and information Loan SeMeet and the address to which Borrower will be 20. Harequiired by applicable law, MyrrtCrlls should he made. Tl,c notice will also contain rn Hazard Subs! in ns Substances. Borrower shall not cause or y other Property antes on or {n the Property. Borrowr Perini, the Presence, use, disposal, storage, or release of any storage on the nPen nor allow anyone else to do, anything affecting the Pg Y that is in violation of any nviranmatal Law, The preceding two sentences shall not apply to the presence, use, or _ tc maintenance residential uses and' y of soli quamitt" of Ha>ardons Substances that are generally recognized to be appropriate I. normal give of the Property. gave Borrower mtal orh regulatory ?l give render written notice of any investigation, claim, demand, lawsuit or other action by any of which Borrower has aut agerwy or private Party involving the property and any Ilamrdous Substance or Environmental law know any removal or other remedialion of any H r mower lance, fi is notified by any governmental or regulatory authority, that all necessary remedial actions in accordance with Env Sub n stance m l Law. rite Pro As used in this paragra h 20, ^H mensal Law. perry is necessary, Borrower shall promptly take Environmental Law and g[he ing rapfol 0 -Hasubstancea bs ances^ are those substances defined as toxic or hazardous substances by Pesticides and herbicides, volatile solvents, materials cyonns ainin as?ene, other flammable or toxic Petroleum products, toxic this paragraph 20, "Envimnmatal Law" B Mims or formaldehyde, and radioactive materials. As Used in relate to health, safety or environmental mans federal laws and caws of the jurisdiction where the Prort NON-UNIFORM COVENANTS. Borrower and fender further covenant and agree as follows; p y is located that 21. Accelration; Remedies. Lender shall give notice to narrower prior to acceleration following Bo Of any covenant or agreement applicable law pro Idea otherwise) In this Security Innrumal (but not prior to acceleration under peagrairlr 17 unless Lendr shall nail 60 r river's breach required to cure the default; (e) whoa the default must he Borrower of, among other things: (a) the default- (b) the action result in aceelration of the sums secured by this cured; and (d) that failure to cure the default as specified may Property. Lacer shalt further inform Borrower othe right to rreeinst'ateafter acceleration and the right to assert in the the default is not cured es the default is note re the non-existence of a default or any other defense of Borrower to Acceleration and forecosure.r If this Security In specified, Lender, at its npllon, may require without further demand and may foreclose this Security Instrument b Lender shall n entitled to collect all expenses incurred) fare immediate payment in full of all sums secured by including, but not limited to, attorneys' fees pursuing 1110 remedies Y Judicial proceeding, 22. Relm". U Ys' and costs of lisle evirlace to the "maPrm?edi by applicable iParagraph graplr 21 , conveyed shall terminate nand men! of all sums secured by this Security hrsinumm this Security Instrument amt he estate become vo, . d. After such without charge to Borrower. Borrower hall y any recmdal n costs. 23. Waivers. Lender shat) discharge and satisfy this Smuriny Instmmenl errs. Borrower, to the extent permitted b this Security Instrurrient. and y applicable law, waives and releases any error or defects in proceedings waives bene e the 10 xtension of I=, exempt on from attachment, levy and sales. and hoof orearl sent or fun ' 24. Reinstatement Period. Borrower's note in reinstate provided nmparagraph IS shall extend no out hour Piorctn he commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 25• Purchase Money Mo to th rtgage. If any of the debt secured by this Security Instrument is lem to Borrower to acquire title e properly, Ihis Secan y Instmmenl shall be a Purchase money mortgage. gmem. 1 rrower agrees 11,21 the interest rate payable after ajudgmcnt is cutcred oil the Not or in an actiron o ong Betforeclosure shall be the rate payable from time to lime under the Note. (0-0 aNIPAi asona, _1 M1ae 5 b • I,J,iYl-Fwl lmx-30]9 9190 Riders Secuilt Y Instrument We the cov , th eun manta mrdta rttie coven u3covenant)sad greements of each su huffier shall be by Borrower gether with this 'Check applicable 8^ta of this Security Instrument as if file rider(s) were a incorporated into anand d shall amend aid su l box(es)) Adjustable Rate Rider Part of this Security hear mmenl. pp ement Graduated Pa ff?? Ymenl Rider . ? Condominium Rider Balloon Rider Planned Unit Development Rider I 4 Family Rider LL11 VA Rider I?r Rate rmpmvemenl Rider Biw?ly Payment Rider 6f-?1Other(s) [specify] ED Second Home Rider By rider(s) BEIpW. Borrower accepts and agrees to the leant and covenants contained i WimCases(s) ) ex ez1led by Borrower and recorded with it. I in fills Security Instrument and Borrower 'anrmwer -nnmwn Certificate of Residence '°"rm^'cr 1, rreA?y,% the within-named Aldh'gsj ee {n M I 639 erald Parkway Witness my hand this 27th day or COh1MONWEALTH OF PENNSYLVANIA, Tammy -(Seal) aerrowrr -(Seal) Bnrmwer (Seal) Mrmwxr . (Soap rarcmwcr Jo hereby certify that the mrrecr address of Sulte100. DuOlin. DH 43016 July 1999 ann nr Mon2apee Ou Wis. the a7 aUa.i?d?(gr„p personally appeared Nan; da of Sul / CAUnIy ss: Y A. MCDi lyda and Ta f `' ej5 MY tewellen .befnrer?e,theuudcrsigncrloflicer, persons whose name s are executed the same for the Purposes herein subscribed In the within insinlmerd and acknn10 Me isfactoril IN W contained, J/J• d that Y proven) to be the MY ITNESS WHEREOOF, ISt h ereunto set my hand and official seal, they Commission Expires: AugU 1. 51'1 I ?j'®61'rIPAlnron.er 741e n/Omcer Ash le d r rw.a.1a Y C. Wee a NOTARIAL SEAS Ferro 3039 9,, GREGORY A. MILIFR NoW MyCanm??? °• CunlbnlarM fnC Exfllres M.v 91, ZlN)d t f' e: r. r; r. w kl:r c i' ALL that certain lot of ground in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on North Bedford Street, thence by property now or formerly of Wm. Slothour, Jr. , on the South, Sixty-eight feet; thence by a line parallel with the front line of said lot Northwardly Four feet; thence by the Slothour lot Eastwardly Twenty-two feet to the rear of said lot; thence by a line parallel with the front line of said lot Northwardly Four feet; thence by the Slothour lot Eastwardly Twenty-two feet to the rear of said lot; thence by a line parallel with the front line of said lot, adjoining property now or formerly of Wm E. Shoop, Northwardly Seventeen feet and Six inches; thence by property now or formerly of Gordon Massey, Westwardly Ninety feet to a point on North Bedford Street; thence by the line of said Street Southwardly Twenty-one feet and Six inches to the Place of Beginning. BOOK 205 PAGE 627 i VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. THROUGH HOMECOMINGS FINANCIAL NETWORK, INC. HOLDER OF THE ENTIRE BENEFICIAL INTEREST IN THE MORTGAGE. Said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: November 11, 2002 Leon P. Haller, Esquire ?m CPJ f _f 4 t e CJ' '1.. tl V' SHERIFF'S RETURN - REGULAR CASE NO: 2002-05438 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS LEWELLEN TAMMY D ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LEWELLEN the DEFENDANT , at 1454:00 HOURS, on the 14th day of November , 2002 at 139 NORTH BEDFORD STREET CARLISLE, PA 17013 by handing to CHUCK LEWELLEN a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this J day of c2ltt? Z A. D. Prothonotary So Answers: R. Thomas Kline 11/15/2002 PURCELL KRUG HALLER By: Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-05438 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS LEWELLEN TAMMY D ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MCDILDA the DEFENDANT , at 1454:00 HOURS, on the 14th day of November , 2002 at 139 NORTH BEDFORD STREET CARLISLE, PA 17013 by handing to CHUCK LEWELLEN a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ,ta we( day of ?'Ly//'II-cllc,?. o2,?yp aJ A. D. Prothonotary So Answers: R. Thomas Kline 11/15/2002 PURCELL KRUG HALLER By. 4??l?ftz Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-05438 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS LEWELLEN TAMMY D ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LEWELLEN CHUCK the DEFENDANT at 1454:00 HOURS, on the 14th day of November , 2002 at 139 N BEDFORD STREET CARLISLE, PA 17013 by handing to CHUCK LEWELLEN, OCCUPANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 2dlwA day of .2 [X? 02 A. D. Prothonotary So Answers: R. Thomas Kline 11/15/2002 PURCELL KRUG HALLER By : Deputy Sheriff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Homecomings Financial Network, Inc., PLAINTIFF VS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-5438 CIVIL TERM TAMMY D. LEWELLEN AND NANCY A. MCDILDA, DEFENDANT(S) MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) TAMMY D. LEWELLEN AND NANCY A. MCDILDA for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid Principal Balance $57,773.45 Interest $4,121.64 Per diem of $19.26 From 05/01/2002 To 12/01/2002 Accumulated Late Charges $0.00 Late Charges $240.31 ($30.04 per month to 12/01/2002) 5% Attorney's Commission $2,888.67 TOTAL $65,024.07 "Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG & HALL By ler PA I.D. # 00 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 N #' ? ? ? ^o C ? ?, o 4 --? ? ? ? -? ( l hJ ??. r- ?; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Homecomings Financial Network, Inc., PLAINTIFF Vs. TAMMY D. LEWELLEN AND NANCY A. MCDILDA, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-5438 CIVIL TERM IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on December 18, 2002 I served the Ten Day Notice required by Pa. R.C.P. on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. By Lt6n Puller PA I.D. # Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Homecomings Financial Network, Inc. 9275 Sky Park Court San Diego, CA 92123 Plaintiff VS. TAMMY D. LEWELLEN AND NANCY A. MCDILDA Defendants DATE OF THIS NOTICE: December 18, 2002 TO: TAMMY D. LEWELLEN 139 NORTH BEDFORD STREET CARLISLE, PA 17013 NANCY A. MCDILDA 139 NORTH BEDFORD STREET CARLISLE, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5439 CIVIL TERM CIVIL ACTION LAW IN MORTGAGE FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN,GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 PURCELL, KRUG & H By. LEON L Attorney for?laintiff I.D. # 15700 / 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Homecomings Financial Network, Inc., PLAINTIFF vs. TAMMY D. LEWELLEN AND NANCY A. MCDILDA, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-5438 CIVIL TERM IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed before me this 1?aay ofG/,?(h 20 rn?, N LER, ESQUIRE Not?ary Pblic???/ l4 1 COMMONWEALTH OF PENNSYLVANIA Notarial Seal I Trad M. Com. Notary Pudic City of Hartisbur9, Dauphin County My Conenissbn E0res Au9. 21.2007 taemb^? Pennrylveti. ?:-°!+ocia8n? Of Notaries ?., r ., r_ ?.> - ? -? -f i f:- __ ,?; c? ' CC_; - ?. _ = - ?.-- C c:.. ,i - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW AT NO. 02-5438 CIVIL TERM MORTGAGE ELECTRONIC REGISTRATION Total Judgment Amount $65,024.07 SYSTEMS, INC. c/o Homecomings Financial Network, Interest $10,689.30 Inc., Per diem of $19.26 to sale PLAINTIFF date 6/9/2004 Late Charges $816.62 YS. $30.04 per month to sale date 6/9/2004 TAMMY D. LEWELLEN AND NANCY A. MCDILDA, Escrow Deficit $872.00 DEFENDANT(S) TOTAL WRIT $77,401.99 *Plus additional interest, late charges and other costs to date of sheriffs sale. SALE DATE: Wednesday, June 09, 2004 (PROTHONOTARY'S USE) Pltf. Paid Deft. Paid Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. Date: March 9, 2004 Attorney for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY 7K-) ! An O \9 eo T 1 ,o 07 G O l w ^ w 1 ? ALL that certain lot of ground in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on North Bedford Street, thence by property now or formerly of Wm. Slothour, Jr. , on the South, Sixty-eight feet; thence by a line parallel with the front line of said lot Northwardly Four feet; thence by the Slothour lot Eastwardly Twenty-two feet to the rear of said lot; thence by a line parallel with the front line of said lot Northwardly Four feet; thence by the Slothour lot Fastwardly Twenty-two feet to the rear of said lot; thence by a line parallel with the front line of said lot, adjoining property now or formerly of Wm E. Shoop, Northwardly Seventeen feet and Six inches; thence by property now or formerly of Gordon Massey, Westwardly Ninety feet to a point on North Bedford Street; thence by the line of said Street Southwardly Twenty-one feet and Six inches to the Place of Beginning. HAVING THEREON ERECTED A DWELLING KNOWN AS 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 BEING THE SAME PREMISES WHICH Nancy A. McDilda, by Tammy D. Lewellen, Attorney-in-Fact for Nancy A. McDilda, by Deed dated 10/27/99 and recorded 11/12/99 in Cumberland County Deed Book 211, Page 390, granted and conveyed unto Nancy A. McDilda and Tammy D. Lewellen. TO BE SOLD AS THE PROPERTY OF TAMMY D. LEWELLEN AND NANCY A. MCDILDA ON JUDGMENT NO. 02-5438 CIVIL TERM ASSESSMENT NO. 02-21-0318-198 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-5438 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O HOMECOMINGS FINANCIAL NETWORK, INC., Plaintiff (s) From TAMMY D. LEWELLEN AND NANCY A. MCDILDA (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 gamishee(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 $65,024.07 L.L. $.50 Interest PER DIEM OF $19.26 TO SALE DATE 6/9/04 - $10689.30 Atty's Comm % Due Prothy $1.00 Arty Paid $145.45 Other Costs LATE CHARGES $30.04 PER MONTH TO SALE DATE 6/9/04 - $816.62 - ESCROW DEFICIT $872.00 Plaintiff Paid Date: MARCH 10, 2004 (Seal) REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 CURTIS R. LONG Prothonot ?y Z94 Deputy Supreme Court ID No. 15700 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Homecomings Financial Network, Inc., PLAINTIFF VS. TAMMY D. LEWELLEN AND NANCY A. MCDILDA, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-5438 CIVIL TERM IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, June 09, 2004 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 02-5438 CIVIL TERM JUDGMENT AMOUNT $65,024.07 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: TAMMY D. LEWELLEN AND NANCY A. MCDILDA A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff' (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL that certain lot of ground in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows; BEGINNING at a point on North Bedford Street, thence by property now or formerly of Wm. Slothour, Jr. , on the South, Sixty-eight feet; thence by a line parallel with the front line of said lot Northwardly Four feet; thence by the Slothour lot Eastwardly Twenty-two feet to the rear of said lot; thence by a line parallel with the front line of said lot Northwardly Four feet; thence by the Slothour lot Eetwardly Twenty-two feet to the rear of said lot; thence by a line parallel with the front line of said lot, adjoining property now or formerly of Wm E. Shoop, Northwardly Seventeen feet and Six inches, thence by property now or formerly of Gordon Massey, Westwardly Ninety feet to a point on North Bedford Street; thence by the line of said Street Southwardly Twenty-one feet and Six inches to the Place of Beginning. HAVING THEREON ERECTED A DWELLING KNOWN AS 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 BEING THE SAME PREMISES WHICH Nancy A. McDilda, by Tammy D. Lewellen, Attomey-in-Fact for Nancy A. McDilda, by Deed dated 10/27/99 and recorded 11/12/99 in Cumberland County Deed Book 211, Page 390, granted and conveyed unto Nancy A. McDilda and Tammy D. Lewellen. TO BE SOLD AS THE PROPERTY OF TAMMY D. LEWELLEN AND NANCY A. MCDILDA ON JUDGMENT NO. 02-5438 CIVIL TERM ASSESSMENT NO. 02-21-0318-198 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Homecomings Financial Network, Inc., PLAINTIFF vs. TAMMY D. LEWELLEN AND NANCY A. MCDILDA, DEPENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-5435 CIVIL TERM IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013: Name and address of the Owner(s) or Reputed Owner(s): TAMMY D. LEWELLEN 139 NORTH BEDFORD STREET CARLISLE, PA 17013 NANCY A. MCDILDA 139 NORTH BEDFORD STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Pennsylvania Power and Light Company 827 Hausman Road Allentown, PA 18104 Arthur M. Feld, Esquire 1309 Bridge Street New Cumberland, PA 17070 Borough of Carlisle 53 West South Street Carlisle, PA 17013 Edward L. Schorpp, Esquire 10 East High Street Carlisle, PA 17013 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Leon 700 Purcell, Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE:March 9, 2004 Mortgage Electronic Registration In The Court of Common Pleas of Systems, Inc. Cumberland County, Pennsylvania VS Writ No. 2002-5438 Civil Term Tammy D. Lewellen and Nancy A. McDilda R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Leon P. Haller. Sheriff s Costs Docketing Poundage Posting Handbills Advertising Mileage Levy Surcharge Law Journal Patriot News Share of Bills Law Library Prothonotary 30.00 6.74 15.00 15.00 6.90 15.00 30.00 194.10 29.26 .50 1.00 $343.50 paid by attorney 06/07/04 Sworn and subscribed to before me This 10 ?" day of L-)"U4,? ?r•? R. Thomas Kline, Sheriff 2004, A.D. ?11 c20 BY J Prothonotary Real Est Deputy `, So (N 4 osy- d'? /SaOr`/ M MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Homecomings Financial Network, Inc., PLAINTIFF VS. TAMMY D. LEWELLEN AND NANCY A. MCDILDA, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-5438 CIVIL TERM IN MORTGAGE FORECLOSURE _AF I,DAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 139 NORTH BEDFORD' STREET CARLISLE, PENNSYLVANIA 17013: 1. Name and address of the Owner(s) or Reputed Owner(s): TAMMY D. LEWELLEN 139 NORTH BEDFORD STREET CARLISLE, PA 17013 NANCY A. MCDILDA 139 NORTH BEDFORD STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Pennsylvania Power and Light Company 827 Hausman Road Allentown, PA 18104 Arthur M. Feld, Esquire 1309 Bridge Street New Cumberland, PA 17070 Borough of Carlisle 53 West South Street Carlisle, PA 17013 Edward L. Schorpp, Esquire 10 East High Street Carlisle, PA 17013 r 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lies on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: DOMESTIC RELA'T'IONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are, made subject to the penalties of 18 PA C.S. Section 4904 relating to unworn falsification to authorities. iy _ Purcell, Krt%'& Haller' 1719 North Front Street Harrisburg, PA 17102 (717) 2344178 DATE: March 9, 2004 . "t ?rF MORTGAGE ELECTRONIC REGISTRATION ' SYSTEMS, INC. c/o Homecomings Financial Network, Inc., PLAINTIFF vs. TAMMY D. LEWELLEN AND NANCY A. MCDILDA, DEFENDANT(S) TAKE NOTICE: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-5438 CIVIL TERM IN MORTGAGE FORECLOSURE That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, June 09, 2004 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 139 NORTH REDFORD STREET CARLISLE, PENNSYLVANIA 17013 THE JUDGMENT under or pursuant to which your property is being sold.... is docketed in the within Commonwealth and County to: No. 02-5438 CIVIL TERM JUDGMENT AMOUNT $659,024.07 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: TAMMY D. LEWELLEN AND NANCY A. MCDILDA A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff or example, to balaks that hold mortgages and manie4a8fies that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be male unless someone objects by filing exceptions to it within ten (I0) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the 'Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. IT RM KEN I D BECAUSE THERZ IS YOU. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that I has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Commjon Pleas of the within County to set aside the sale for a grossly inadequate price or for other propet cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3 A petition or petitions raising the legal issues or rights mentioned in the, preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the (Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 2344178 ALL dud a rWa tat of ground In the Borough of Carlisle, Cumberland County, Peamytvook bounded and daarribed as foikr* : B110011 tLM at s point on North Bodfoed Streek theme by property new or &nouty Wet. SIWWw , k , on the SoWk Sixty-o#Sitt &o dome by s Ma pa WW wf 1 a S?f liaa bt try POW fect; by the lot B+ wrdly Tws*4wo feet iodwrarerafatld b%thenae by a,lb wpmt w#th the Aim li ofa W lot Na dmu* ftw hot tsatc a by the Star w k* EW*wdly Tw edy tero heat to ?bv rear of MW let; tlma by a line PON" whb the fiat Hue of add 116. 401014 y now or 6mmly? of Wean E. 5boop, NwtM y Swatem foci and Sh kdws; these pt*pany aaw or yC?rmerty of Gdi w tAsasey, WedwatAy Nay hd to a poWat Bodit d Sta+eet by rho Use of aid Street 3onthinrdly Twenty-am feet sadl Six inctm to am Pbs a of Beginning. HAVING THEREON ERECTED A DWELLING KNOWN AS 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 BEING THE SAME PREMISES WHICH Nancy A. McDilda, by Tammy D. Lewellen, Attorney-in-Fact for Nancy A. McDilda, by Deed dated 10/27/99 and recorded 11/12/99 in Cumberland County Deed Book 211, Page 390, granted and conveyed unto Nancy A. McDilda and Tammy D. Lewelllen. TO BE SOLD AS THE PROPERTY OF TAMMY D. LEWELLEN AND NANCY A. MCDILDA ON JUDGMENT NO. 02-5438 CIVIL TERM ASSESSMENT NO. 02-21-0318-198 Real Estate Sale #77 On March 10, 2004 the sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 139 North Bedford St., Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 10, 2004 By:,,j6dq jwtd- ? Real Estate Deputy PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE BALE NO. 77 Writ No. 2002-5438 Civil Mortgage Electronic Registration Systems, Inc. c/o Homecomings Financial Network, Inc. VS. Tammy D. Lewellen and Nancy A. McDilda Atty.: Leon P. Haller ALL that certain lot of ground in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows; BEGINNING at a point on North Bedford Street, thence by property now or formerly of Wm. Slothour, Jr., on the South, Sixty-eight feet; thence by a line parallel with the front line of said lot Northwardly Four feet; thence by the Slothour lot Eastwardly Twenty-two feet to the rear of said lot; thence by a line parallel with the front line of said lot Northwardly Four feet;. thence Marie Coyne Ede itor WORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 NQI'AAAL SEAL LOIS E. SWDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 Jr., on the South, Sixty-eight feet; thence by a line parallel with the front line of said lot Northwardly Four feet; thence by the Slothour lot Eastwardly Twenty-two feet to the rear of said lot; thence by a line parallel with the front line of said lot Northwardly Four feet; thence by the Slothour lot Eastwardly Twenty-two feet to the rear of said lot; thence by a line parallel with the front line of said lot, adjoining property now or formerly of Wm E. Shoop, Northwardly Seventeen feet and Six inches; thence by property now or formerly of Gordon Massey, Westwardly Ninety feet to a point on North Bedford Street; thence by the line of said Street Southwardly Twenty-one feet and Six inches to the Place of Beginning. HAVING THEREON erected a dwelling known as 139 North Bedford Street Carlisle, Pennsylva- nia 17013. BEING THE SAME PREMISES WHICH Nancy A. McDilda, by Tam- my D. Lewellen, Attorney-in-Fact for Nancy A. McDilda, by Deed dated 10/27/99 and recorded 11/12/99 in Cumberland County Deed Book 211, Page 390, granted and con- veyed unto Nancy A. McDilda and Tammy D. Lewellen. TO BE SOLD AS the property of Tammy D. Lewellen and Nancy A. McDilda on Judgment No. 02-5438 Civil Term. ASSESSMENT NO. 02-21-0318- 198. r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW AT NO. 02-5438 CIVIL TERM VS. TAMMY D. LEWELLEN AND NANCY A. MCDILDA, DEFENDANT(S) TOTAL WRIT $80,810.29 "Plus additional interest, late charges and other costs to date of sheriff's sale. SALE DATE: Wednesday, March 08, 2006 (PROTHONOTARY'S USE) Pltf. Paid Deft. Paid Due Proth/Clerk Other Costs MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Homecomings Financial Network, Inc., PLAINTIFF Total Judgment Amount $65,024.07 Interest $9,806.25 Per diem of $19.26 to sale date 3/8/2006 Late Charges $510.68 $30.04 per month to sale date 3/8/2006 Escrow Deficit $5,469.29 PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. Date: December 1, 2005 Attorney for Plaintiff 1719 North Front Street Leon P. Haller Harrisburg, PA 17102 PA I.D. #15700 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 Date: PR HON AIfY/CL K CIVIL DIVISION BY DEPUTY 40 (?j ? ?, O t C C n ? 0 C -Z Q r? =F-t. ? vt C C 4 C C C vt C, ALL that certain lot of ground in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on North Bedford Street, thence by property now or formerly of Wm. Slothour, Jr. , on the South, Sixty-eight feet; thence by a line parallel with the front line of said lot Northwardly Four feet; thence by the Slothour lot Eastwardly Twenty-two feet to the rear of said lot; thence by a line parallel with the front line of said lot Northwardly Four feet; thence by the Slothotu lot Eastwardly Twenty-two feet to the rear of said lot, thence by a line parallel with the front line of said lot, adjoining property now or formerly of Wm E. Shoop, Northwardly Seventeen feet and Six inches; thence by property now or formerly of Gordon Massey, Westwardly Ninety feet to a point on North Bedford Street; thence by the line of said Street Southwardly Twenty-one feet and Six inches to the Place of Beginning. HAVING THEREON ERECTED A DWELLING KNOWN AS 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 BEING THE SAME PREMISES WHICH Nancy A. McDilda, by Tammy D. Lewellen, Attorney-in-Fact for Nancy A. McDilda, by Deed dated 10/27/99 and recorded 11/12/99 in Cumberland County Deed Book 211, Page 390, granted and conveyed unto Nancy A. McDilda and Tammy D. Lewellen. TO BE SOLD AS THE PROPERTY OF TAMMY D. LEWELLEN AND NANCY A. MCDILDA ON JUDGMENT NO. 02-5438 CIVIL TERM ASSESSMENT NO. 02-21-0318-198 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-5438 Civil CIVIL ACTION- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O HOMECOMINGS FINANCIAL NETWORK, INC., Plaintiff (s) From TAMMY D. LEWELLEN AND NANCY A. MCDILDA (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 $65,024.07 L.L. Interest PER DIEM OF $19.26 TO SALE DATE 3/8/06 - $9,806.25 Atty's Comm % Due Prothy $1.00 Any Paid $501.45 Other Costs LATE CHARGES $30.04 PER MONTH TO SALE DATE 3/8/06 - $510.68 --- ESCROW DEFICIT $5,469.29 Plaintiff Paid Date: DECEMBER 2, 2005 v? Pfothonota (Seal) REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF By: Deputy Telephone: 717-234-4178 Supreme Court ID No. 15700 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Homecomings Financial Network, Inc., PLAINTIFF vs. TAMMY D. LEWELLEN AND NANCY A. MCDILDA, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-5438 CIVIL TERM IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013: Name and address of the Owner(s) or Reputed Owner(s): TAMMY D. LEWELLEN 139 NORTH BEDFORD STREET CARLISLE, PA 17013 NANCY A. MCDILDA 139 NORTH BEDFORD STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Pennsylvania Power and Light Company 827 Hausman Road Allentown, PA 18104 Arthur M. Feld, Esquire 1309 Bridge Street New Cumberland, PA 17070 Borough of Carlisle 53 West South Street Carlisle, PA 17013 Edward L, Schorpp, Esquire 10 East High Street Carlisle, PA 17013 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated,) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unworn falsification to auth 'ties. Leon P. Haller PA I.D. 15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: December I, 2005 ' : , _ _{ ??, - r,J ?t?i - f,: C` _'_ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Homecomings Financial Network, Inc., PLAINTIFF vs. TAMMY D. LEWELLEN AND NANCY A. MCDILDA, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-5438 CIVIL TERM IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed before me this _J_ day of -Q( 2005 Notary Public C01,'-1y10,NWF,ALFH OF PENNSYLVANIA Notarial Seal Traci M. Bernstein, Notary Public City if Harrisburg, Dauphin Couaty _ IMy commission Expires Aug. 21.2607 MernLwr, Pennsylvania Ass la"w of Notarlea LEON P. HALLER, ESQUIRE N ('? -1 _ ': ? ? _. 1 ? _, 'i ;i -• .::?; rJ -. C. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Homecomings Financial Network, Inc., PLAINTIFF VS. TAMMY D. LEWELLEN AND NANCY A. MCDILDA, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-5438 CIVIL TERM IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, March 08, 2006 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 02-5438 CIVIL TERM JUDGMENT AMOUNT $65,024.07 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: TAMMY D. LEWELLEN AND NANCY A. MCDILDA A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL,KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL that certain lot of ground in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on North Bedford Street, thence by property now or formerly of Wm. Slothour, Jr. , on the South, Sixty-eight feet; thence by a line parallel with the front line of said lot Northwardly Four feet; thence by the Slothour lot Eastwardly Twenty-two feet to the rear of said lot; thence by a line parallel with the front line of said lot Northwardly Four feet; thence by the Slothour lot Eastwardly Twenty-two feet to the rear of said lot; thence by a line parallel with the front line of said lot, adjoining property now or formerly of Wm E. Shoop, Northwardly Seventeen feet and Six inches; thence by property now or formerly of Gordon Massey, Westwardly Ninety feet to a point on North Bedford Street; thence by the line of said Street Southwardly Twenty-one feet and Six inches to the Place of Beginning. HAVING THEREON ERECTED A DWELLING KNOWN AS 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 BEING THE SAME PREMISES WHICH Nancy A. McDilda, by Tammy D. Lewellen, Attorney-in-Fact for Nancy A. McDilda, by Deed dated 10/27/99 and recorded 11/12/99 in Cumberland County Deed Book 211, Page 390, granted and conveyed unto Nancy A. McDilda and Tammy D. Lewellen. TO BE SOLD AS THE PROPERTY OF TAMMY D. LEWELLEN AND NANCY A. MCDILDA ON JUDGMENT NO. 02-5438 CIVIL TERM ASSESSMENT NO. 02-21-0318-198 ?_? ?, -_. _, f +'t ~V tJ :~ ;3 r" -- U MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Homecomings Financial Network, Inc., Plaintiff Vs. TAMMY D. LEWELLEN NANCY A. MCDILDA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.02-5438 CIVIL TERM CIVIL ACTION - LAW - IN MORTGAGE FORECLOSURE VOLUNTARY SUBSTITUTION OF JPMORGAN CHASE BANK AS TRUSTEE FKA BANK ONE NATIONAL ASSOCIATION AS TRUSTEE PURSUANT TO RULE 2352 (a) 1. JPMORGAN CHASE BANK AS TRUSTEE FKA BANK ONE NATIONAL ASSOCIATION AS TRUSTEE, will be the last assignee of record and wishes to substitute itself for Plaintiff. 2. Material facts in which the right of succession and substitution is based are as follows: (a) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS assigned all of its right, title and interest to JPMORGAN CHASE BANK AS TRUSTEE FKA BANK ONE NATIONAL ASSOCIATION AS TRUSTEE and the assignment will be sent for recording. 3. JPMORGAN CHASE BANK AS TRUSTEE FKA BANK ONE NATIONAL ASSOCIATION AS TRUSTEE does voluntarily subs e?Pff herein. BY: Le P. Haller, Esquire Purcell, Krug and Haller 1719 North Front Street Harrisburg, PA 17102 ID#15700 Attorney for Plaintiff Date: February 15, 2006 ?.,. r,o _ _ ' , ?.., , fi "1 -i ? ? } v- ' ??r_ ?•? ? J7 ?. ?: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Homecomings Financial Network, Inc., PLAINTIFF vs. TAMMY D. LEWELLEN AND NANCY A. MCDILDA, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-5438 CIVIL TERM IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on I? Inn JaMs , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: TAMMY D. LEWELLEN 139 NORTH BEDFORD STREET CARLISLE, PA 17013 NANCY A. MCDILDA 139 NORTH BEDFORD STREET CARLISLE, PA 17013 Pennsylvania Power and Light Company 827 Hausman Road Allentown, PA 18104 Arthur M. Feld, Esquire 1309 Bridge Street New Cumberland, PA 17070 Borough of Carlisle 53 West South Street Carlisle, PA 17013 Edward L. Schorpp, Esquire 10 East High Street Carlisle, PA 17013 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 By G"/ " PURCELL, KRUG & HAL ER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR. JILL M. WINKA BRIAN I. TYLER NICHOLE M. STALEY O'GORMAN ? LG I iLK -rr (h' d6? 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FAX (717) 234-1206 TAMMY D. LEWELLEN 139 NORTH BEDFORD STREET CARLISLE, PA 17013 NANCY A. MCDILDA 139 NORTH BEDFORD STREET CARLISLE, PA 17013 Pennsylvania Power and Light Company 827 Hausman Road Allentown, PA 18104 Arthur M. Feld, Esquire 1309 Bridge Street New Cumberland, PA 17070 Borough of Carlisle 53 West South Street Carlisle, PA 17013 Edward L. Schorpp, Esquire 10 East High Street Carlisle, PA 17013 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 HERSHEY (717)533-3836 JOSEPH NISSLEY (1910-1982) JOHN W. PURCELL VALERIE A. GUNNOF COUNSEL NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriffs Sale. By: Leon P. Haller PA I.D.1 700 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Homecomings Financial Network, Inc., PLAINTIFF vs. TAMMY D. LEWELLEN AND NANCY A. MCDILDA, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-5438 CIVIL TERM IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, March 08, 2006 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 02-5438 CIVIL TERM JUDGMENT AMOUNT $65,024.07 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: TAMMY D. LEWELLEN AND NANCY A. MCDILDA A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL that certain lot of ground in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on North Bedford Street, thence by property now or formerly of Wm. Slothour, Jr. , on the South, Sixty-eight feet; thence by a line parallel with the front line of said lot Northwardly Four feet; thence by the Slothour lot Eastwardly Twenty-two feet to the rear of said lot; thence by a line parallel with the front line of said lot Nouthwardly Four feet; thence by the Slothour lot Eastwardly Twenty-two feet to the rear of said lot; thence by a line parallel with the front line of said lot, adjoining property now or formerly of Wm E. Shoop, Nouthwardly Seventeen feet and Six inches; thence by property now or formerly of Gordon Massey, Westwardly Ninety feet to a point on North Bedford Street; thence by the line of said Street Southwardly Twenty-one feet and Six inches to the Place of Beginning. HAVING THEREON ERECTED A DWELLING KNOWN AS 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 BEING THE SAME PREMISES WHICH Nancy A. McDilda, by Tammy D. Lewellen, Attorney-in-Fact for Nancy A. McDilda, by Deed dated 10/27/99 and recorded 11/12/99 in Cumberland County Deed Book 211, Page 390, granted and conveyed unto Nancy A. McDilda and Tammy D. Lewellen. TO BE SOLD AS THE PROPERTY OF TAMMY D. LEWELLEN AND NANCY A. MCDILDA ON JUDGMENT NO. 02-5438 CIVIL TERM ASSESSMENT NO. 02-21-0318-198 7160 3401 9849 0762 3740 TO: 'TAMMY D. LEWELLEN 139 NORTH BEDFORD STREET CARLISLE, PA 17013 SENDER: NOS 03/08/06 REFERENCE: HC VS. LEWELLEN RETURN Postage RECEIPT Certified Fee 2 30 SERVICE . Return Receipt Fee 1.75 Restricted Delivery 3,50 Total Postage & Fees, . C 8.15 US Postal Service POSTMARK OR DATE Receipt for Certified Mail No Insurance Coverage Provided F Do Not Use for International Mal F.. 7160 3901 9849 0762 3733 TO: NANCY A. MCDILDA 139 NORTH BEDFORD STREET CARLISLE, PA 17013 SENDER: NOS 03/08/06 REFERENCE: HC VS. LEWELLEN PS Form 3800, January 2005 RETURN Postage 1 .6 RECEIPT Certified Fee 2.30 SERVICE Return Receipt Fee 1,75 Restricted Delivery 3.50 Total Postage & Fees R 1 S US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use tot International Mail POSTMARK OR DATE HOMECOMINGS FINANCIAL NETWORK v. TAMMY D. LEWELLEN NANCY A. MCDILDA Cumberland County Sale 3/8/2006 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: TAMMY D. LEWELLEN 139 NORTH BEDFORD STREET CARLISLE, PA 17013 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: NANCY A. MCDILDA 139 NORTH BEDFORD STREET CARLISLE, PA 17013 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 HOMECOMINGS FINANCIAL NETWORK v. TAMMY D. LEWELLEN NANCY A. MCDILDA Cumberland County Sale 3/8/2006 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: TENANT/OCCUPANT 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Arthur M. Feld, Esquire 1309 Bridge Street New Cumberland, PA 17070 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Pennsylvania Power and Light Company 827 Hausman Road Allentown, PA 18104 /L .r { v? v\. 5P'ts F ?.sr??, W ?< z >. $ 00.900 rncii E[) P,!Lq z c OOF , HOMECOMINGS FINANCIAL NETWORK v. TAMMY D. LEWELLEN NANCY A. MCDILDA Cumberland County Sale 3/8/2006 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Borough of Carlisle 53 West South Street Carlisle, PA 17013 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Edward L. Schorpp, Esquire 10 East High Street Carlisle, PA 17013 a? n FfL?4 r \q?\ Z i $ 0'1.800 ti F?!7C ?? ?hul 'fF_ ?C1E. r -> (-` ?> r.,,, {*t t"1 ?? ?y? h? CP _.. .. lfl MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Homecomings Financial Network, Inc., PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW VS. TAMMY D. LEWELLEN AND NANCY A. MCDILDA, DEFENDANT(S) NO. 02-5438 CIVIL TERM IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013: 1. Name and address of the Owner(s) or Reputed Owner(s): TAMMY D. LEWELLEN 139 NORTH BEDFORD STREET CARLISLE, PA 17013 NANCY A. MCDILDA 139 NORTH BEDFORD STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Pennsylvania Power and Light Company 827 Hausman Road Allentown, PA 18104 Arthur M. Feld, Esquire 1309 Bridge Street New Cumberland, PA 17070 Borough of Carlisle 53 West South Street Carlisle, PA 17013 Edward L. Schorpp, Esquire 10 East High Street Carlisle, PA 17013 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Leon 700 Purcell, Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 9, 2004 A . - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW AT NO. 02-5438 CIVIL TERM JPMORGAN CHASE BANK AS TRUSTEE FKA BANK ONE NATIONAL ASSOCIATION AS TRUSTEE, PLAINTIFF VS. TAMMY D. LEWELLEN AND NANCY A. MCDILDA, DEFENDANT(S) Total Judgment Amount $65,024.07 Interest $16,631.25 Per diem of $19.26 to sale date 3/7/2007 Late Charges $871.16 $30.04 per month to sale date 3/7/2007 Escrow Deficit $7,194.04 TOTAL WRIT $89,720.52 *Plus additional interest, late charges and other costs to date of sheriffs sale. SALE DATE: Wednesday, March 07, 2007 (PROTHONOTARY'S USE) Pltf. Paid Deft. Paid Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. Date: September 8, 2006 Attorney for Plaintiff 1719 North Front Street Leon P. Haller Harrisburg, PA 17102 PA I.D. #15700 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA . SS COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 Date: PROT OTARY C L DIVISION BY DEPUTY ?t- n 70 ft? C r) °0 w - o ° ?'pC C ha :t ?" 1 ? 1 R V ALL that certain lot of ground in the Borough of Carlisle. Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on North Bedford Street, thence by property now or formerly of Wm. Slothour, Jr. , on the South, Sixty-eight feet; thence by a line parallel with the front line of said lot Northwardly Four feet; thence by the Slothour lot Eastwardly Twenty-two feet to the rear of said lot; thence by a line parallel with the front line of said lot Northmudly Four feet; thence by the Slothour lot Eastwardly Twenty=two feet to the rear of said lot; thence by a line parallel with the front line of said lot, adjoining property now or formerly of Wm E. Shoop, Northwardly Seventeen feet and Six inches; thence by property now or formerly of Gordon Massey, Westwardly Ninety feet to a point on North Bedford Street; thence by the line of said Street Southwardly Twenty-one feet and Six inches to the Place of Beginning. HAVING THEREON ERECTED A DWELLING KNOWN AS 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 BEING THE SAME PREMISES WHICH Nancy A. McDilda, by Tammy D. Lewellen, Attorney-in-Fact for Nancy A. McDilda, by Deed dated 10/27/99 and recorded 11/12/99 in Cumberland County Deed Book 211, Page 390, granted and conveyed unto Nancy A. McDilda and Tammy D. Lewellen. TO BE SOLD AS THE PROPERTY OF TAMMY D. LEWELLEN AND NANCY A. MCDILDA ON JUDGMENT NO.02-5438 CIVIL TERM ASSESSMENT NO. 02-21-0318-198 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-5438 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK AS TRUSTEE FKA BANK ONE NATIONAL ASSOCIATION AS TRUSTEE, Plaintiff (s) From TAMMY D. LEWELLEN AND NANCY A. MCDILDA (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 $65,024.07 L.L. Interest PER DIEM OF $19.26 TO SALE DATE 3/7/07 -- $16,631.25 Atty's Comm % Due Prothy $1.00 Atty Paid $1,735.40 Other Costs LATE CHARGES $30.04 PER MONTH TO SALE DATE 3/7/07 - $871.16 -- ESCROW DEFICIT - $7,194.04 Plaintiff Paid Date: SEPTEMBER 11, 2006 (Seal) Curtis R (Long, Pro of y By: Deputy REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-2344178 Supreme Court ID No. 15700 UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CHARLES W. LEWELLEN TAMMY D. LEWELLEN Chapter 13 AKA TAMMY DENISE EBOCH DEBTORS JP MORGAN CHASE BANK, AS TRUSTEE, Case no 1-06-bk-00350 F/K/A BANK ONE, NATIONAL ASSOCIATION, AS TRUSTEE Movant VS. TAMMY D. LEWELLEN, CHARLES W. LEWELLEN CHARLES J. DeHART, III, Esquire, Trustee Respondents ENTRY OF ORDER MODIFYING STAY TO PERMIT THE FORECLOSURE OF LIEN UPON REAL ESTATE OF DEBTOR AND NOW, it appearing that a Notice of Default was served upon debtors and their counsel on July 28, 2006, and that no response has been received by Tammy D. Lewellen and Charles W. Lewellen, Respondent, it is hereby ORDERED that the stay imposed by §362 (a) of the Bankruptcy Code be, and hereby is, modified to permit the JP Morgan Chase Bank, As Trustee, to proceed to foreclosure on its mortgage recorded in Cumberland County, Pennsylvania, as described in its Motion on file herein. By the Coma, Ban P Jade (JDK) This document is electronically signed and filed on the same date. Dated: August 22, 2006 FF : r JPMORGAN CHASE BANK AS TRUSTEE FKA BANK ONE NATIONAL ASSOCIATION AS TRUSTEE, PLAINTIFF VS. TAMMY D. LEWELLEN AND NANCY A. MCDILDA, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-5438 CIVIL TERM IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013: Name and address of the Owner(s) or Reputed Owner(s): TAMMY D. LEWELLEN 139 NORTH BEDFORD STREET CARLISLE, PA 17013 NANCY A. MCDILDA 139 NORTH BEDFORD STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Pennsylvania Power and Light Company 827 Hausman Road Allentown, PA 18104 Arthur M. Feld, Esquire 1309 Bridge Street New Cumberland, PA 17070 Borough of Carlisle 53 West South Street Carlisle, PA 17013 A. Edward L. Schorpp, Esquire 10 East High Street Carlisle, PA 17013 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorit' Leon P. Haller PA I.D. # 15760 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 8, 2006 {r'? ? ..n r ' ?-' ? r 3 , ?'} (`a 1 .. _ '--l ?7 ,. c.t-; r JPMORGAN CHASE BANK AS TRUSTEE FKA BANK ONE NATIONAL ASSOCIATION AS TRUSTEE, PLAINTIFF vs. TAMMY D. LEWELLEN AND NANCY A. MCDILDA, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-5438 CIVIL TERM IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, March 07, 2007 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 02-5438 CIVIL TERM JUDGMENT AMOUNT $65,024.07 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: TAMMY D. LEWELLEN AND NANCY A. MCDILDA A A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 F ALL that certain lot of ground in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on North Bedford Street, thence by property now or formerly of Wm. Slothour, Jr. , on the South, Sixty-eight feet; thence by a line parallel with the front line of said lot Northwardly Four fect; thence by the Slothour lot Eetwardly Twenty-two feet to the rear of said lot; thence by a line paraDel with the front line of said lot Northwardly Four feet; thence by the Slothour lot Estwardly Twenty-two feet to the rear of said lot; thence by a line parallel with the front line of said lot, adjoining property now or formerly of Wm E. Shoop, Northwardly Seventeen feet and Six inches; thence by property now or formerly of Gordon Massey, Westwardly Ninety feet to a point on North Bedford Street; thence by the line of said Street Southwardly Twenty-one feet and Six inches to the Place of Beginning. HAVING THEREON ERECTED A DWELLING KNOWN AS 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 BEING THE SAME PREMISES WHICH Nancy A. McDilda, by Tammy D. Lewellen, Attorney-in-Fact for Nancy A. McDilda, by Deed dated 10/27/99 and recorded 11/12/99 in Cumberland County Deed Book 211, Page 390, granted and conveyed unto Nancy A. McDilda and Tammy D. Lewellen. TO BE SOLD AS THE PROPERTY OF TAMMY D. LEWELLEN AND NANCY A. MCDILDA ON JUDGMENT NO. 02-5438 CIVIL TERM ASSESSMENT NO. 02-21-0318-198 ?'=' (µ' ,--a G { -r-1 - _.:? 91i77 ?'-. "` r -rr r?? ;. ? .? = ?. f {.._: .. ?? - '. i' i'7 _k __a ?. ? JPMORGAN CHASE BANK AS TRUSTEE FKA BANK ONE NATIONAL ASSOCIATION AS TRUSTEE, PLAINTIFF VS. TAMMY D. LEWELLEN AND NANCY A. MCDILDA, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-5438 CIVIL TERM IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed before me this 7 day of 20,06 ?z Ammon of LEON P. HALLER, ESQ IRE otary Public 11 oF Notluia! sew Tnki m. Bemst.4 Public C' Of Harrisbun h- scion 'eam rs Au 21 2607 C7 0 -TI 'j- -Dj Mortgage Electronic Registration Systems, Inc. c/o Homecomings Financial Network, Inc. VS Tammy D. Lewellen and Nancy A. McDilda The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 200X-5438 Civil Term Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 30, 2005 at 10:15 o'clock AM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Tammy D. Lewellen and Nancy A. McDilda, by making known unto Tammy Lewellen, personally and adult daughter of Nancy A. McDilda, at 139 North Bedford Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2006 at 7:52 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Tammy D. Lewellen and Nancy A. McDilda, located at 139 North Bedford Street, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Tammy D. Lewellen and Nancy A. McDilda, by regular mail to their last known address of 139 North Bedford Street, Carlisle, PA 17013. These letters were mailed under the date of January 10, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff who being duly sworn according to law, states this writ is returned Stayed per instructions from attorney Leon Haller. Sheriff's costs: Docketing 30.00 Poundage 18.50 Posting Bills 15.00 Advertising 15.00 Prothonotary 1.00 Mileage 9.20 Certified mail 1.63 Levy 15.00 Postpone 20.00 Postage 1.17 Surcharge 30.00 Law Journal 353.00 Patriot News 328.40 Share of Bills 21 Total: 858.95 / Y/04-0 G So Answers: ?'Thomas Kline, Sheriff BY G Real Estate S geant 0-0 ' X79 933 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Homecomings Financial Network, Inc., PLAINTIFF VS. TAMMY D. LEWELLEN AND NANCY A. MCDILDA, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 42-5438 CIVIL TERM IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013: 1. Name and address of the Owner(s) or Reputed Owner(s): TAMMY D. LEWELLEN 139 NORTH BEDFORD STREET CARLISLE, PA 17013 NANCY A. MCDILDA 139 NORTH BEDFORD STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Pennsylvania Power and Light Company 827 Hausman Road Allentown, PA 18104 Arthur M. Feld, Esquire 1309 Bridge Street New Cumberland, PA 17070 Borough of Carlisle 53 West South Street Carlisle, PA 17013 Edward L. Schorpp, Esquire 10 East High Street Carlisle, PA 17013 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. 1 understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unworn falsification to auth ties. Leon P. Haller PA I.D. 15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: December 1, 2005 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. c/o Homecomings Financial Network, Inc., PLAINTIFF VS. TAMMY D. LEWELLEN AND NANCY A. MCDILDA, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-5438 CIVIL TERM IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, March 08, 2006 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 02-5438 CIVIL TERM JUDGMENT AMOUNT $65,024.07 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: TAMMY D. LEWELLEN AND NANCY A. MCDILDA A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL that certain lot of ground in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on North Bedford Street, thence by property now or formerly of Wm. Slothour, Jr. , on the South, Sixty-eight feet; thence by a line parallel with the front line of said lot Northwardly Four feet; thence by the Slothour lot Eastwardly Twenty-two feet to the rear of said lot; thence by a line parallel with the front line of said lot Northwardly Four feet; thence by the Slothour lot Estwardly Twenty-two feet to the rear of said lot; thence by a line parallel with the front line of said lot, adjoining property now or formerly of Wm E. Shoop, Northwardly Seventeen feet and Six inches; thence by property now or formerly of Gordon Massey, Westwardly Ninety feet to a point on North Bedford Street; thence by the line of said Street Southwardly Twenty-one feet and Six inches to the Place of Beginning. HAVING THEREON ERECTED A DWELLING KNOWN AS 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 BEING THE SAME PREMISES WHICH Nancy A. McDilda, by Tammy D. Lewellen, Attorney-in-Fact for Nancy A. McDilda, by Deed dated 10/27/99 and recorded 11/12/99 in Cumberland County Deed Book 211, Page 390, granted and conveyed unto Nancy A. McDilda and Tammy D. Lewellen. TO BE SOLD AS THE PROPERTY OF TAMMY D. LEWELLEN AND NANCY A. MCDILDA ON JUDGMENT NO. 02-5438 CIVIL TERM ASSESSMENT NO. 02-21-0318-198 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-5438 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O HOMECOMINGS FINANCIAL NETWORK, INC., Plaintiff (s) From TAMMY D. LEWELLEN AND NANCY A. MCDILDA (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 $65,024.07 L.L. Interest PER DIEM OF $19.26 TO SALE DATE 3/8/06 - $9,806.25 Atty's Comm % Due Prothy $1.00 Atty Paid $501.45 Other Costs LATE CHARGES $30.04 PER MONTH TO SALE DATE 3/8/06 - $510.68 --- ESCROW DEFICIT $5,469.29 Plaintiff Paid Date: DECEMBER 2, 2005 Prothonota (Seal) By: Deputy REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 Real Estate Sale # 36 On December 13, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 139 North Bedford Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 13, 2005 9 1 0' 9- 330 5001 11 By: d &V Real Estate Sergeant O Vd "limof afjv,, J38Wn3 JJIN3HS 3N1 A 33Iijo 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 Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#36 Sworn to and subscribed before this 16th day of February 2006 A.D. Terry L. Russell, Xotary Public ty of Harrisburg uohin Crain NOTARIf PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 r? E?a 111i11?1ic iila,^4 f Q C?!???i #?t X11 11. AIL Ing amm lee ofe-rad in flip Bdwo of Circe; ` Chid Cary, ww"W a : print a. ?ei?ord sued, oelke 14 NOW tr 4w . SiolLo?r, h, a d!F,?Id4 fieefi >lte ke ?3ret? fetatr?-aFirid lrt tbae Dfa iaep+tirJla?tli.eaf skid bot° ? r?i by die s o&= lot iet to is apr.e[rtidldts?e i'ae'prrl?d+?ie fiat Gue d ead lot . ra• or fmoody of Wia Sp pi, *441d am ar 40mody of IIMy M y Noy fort,u?e- ,00, dwM by lw be iE aid son 9rdre as 1 Nme H ?*idilie 17!113 99 mince elgd 1 ONW&W C Ibex Bo* 211. Nye rua d and ooai mwNMgA: To u MD das prop" of IWW A PRO("V OF PUBLICATION OF NOTICE IN t UMBER-LAND LAW JOURNAL (Under Act `?'o. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVAN 1. i : COUNTY OF CUMBERLAN D : ss. Lisa Marie Coyne, Esq:iire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly swot-:i. according to law, deposes and says that the Cumberland Law Journal, a legal periodical put) lisiicd in the Borough of Carlisle in the County and State aforesaid, was established January 2, and designated by the local courts as the official legal periodical for the publication 111 legal notices, and has, since January 2, 1952, been regularly issued weekly in the said Co,-i, v, and that the printed notice or publication attached hereto is exactly the same as was printer. in the regular- editions and issues of the said Cumberland Law Journal on the following dates. viz: _ January 20, 21 ` -bruary 3, 2006 Affiant further depose at he is authorized to verify this statement by the Cumberland Law Journal, a legal periodic& general cii-.';ilation, and that he is not interested in the subject matter of the aforesaid not[(.,,, or advertisement, and that all allegations in the foregoing statements is to time, pl?ice a! .aracter of lublication are tree. Marie Coyne, Edi SkVORIv `O AND SUBSCRIBED before me this 3 day of -1 ebruary , 2006 el? Notary REAL ESTATE SALE NO. 36 Writ No. 2002-5438 Civil Mortgage Electronic Registration Systems, Inc. c/o Homecomings Financial Network, Inc. VS. Tammy D. Lewellen and Nancy A. McDilda Atty.: Leon Haller ALL that certain lot of ground in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on North Bedford Street, thence by property now or formerly of Wm. Slothour, Jr., on the South, Sixty-eight feet; thence by a line parallel with the front line of said lot Northwardly Four feet; thence by the Siothour lot Eastwardly Twenty-two feet to the rear of said lot; thence by a line parallel with the front line of said lot Northwardly Four feet; thence by the Slothour lot Eastwardly Twenty-two feet to the rear of said lot; thence by a line parallel with the front line of said lot, adjoining property now or formerly of Wm. E. Shoop, Northwardly Seventeen feet and Six inches; thence by prop- erty now or formerly of Gordon Massey, Westwardly Ninety feet to a point on North Bedford Street; thence by the line of said Street Southwardly Twenty-one feet and Six inches to the Place of Beginning. HAVING THEREON ERECTED A DWELLING KNOWN AS 139 NORTH BEDFORD STREET, CAR- LISLE, PENNSYLVANIA 17013. BEING THE SAME PREMISES WHICH Nancy A. McDilda, by Tammy D. Lewellen, Attorney-in- Fact for Nancy A. McDilda, by Deed dated 10/27/99 and recorded 11/ 22/99 in Cumberland County Deed Book 211, Page 390, granted and conveyed unto Nancy A. McDilda and Tammy D. Lewellen. TO BE SOLD AS THE PROP- ERTY OF TAMMY D. LEWELLEN AND NANCY A. MCDILDA ON JUDG- MENT NO. 02-5438 CIVIL TERM. ASSESSMENT NO. 02-21-0318- 198. JPMORGAN CHASE BANK AS TRUSTEE FKA BANK ONE NATIONAL ASSOCIATION AS TRUSTEE, PLAINTIFF VS. TAMMY D. LEWELLEN AND NANCY A. MCDILDA, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-5438 CIVIL TERM IN MORTGAGE FORECLOSURE SUPPLEMENTAL RETURN OF SERVICE 1 hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on 4 lay. IaWi, , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: EDWARD L. SCHORPP, ESQUIRE 35 SOUTH THRUSH DRIVE CARLISLE, PA 17013-7652 PyOKLL, KRUG Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES A?k?LGI 1719 NORTH FRONT STREET HOWARD B. KRUG HARRISBURG, PENNSYLVANIA 17102-2392 HERSHEY LEON P. HALLER TELEPHONE (717) 2344178 (717)533-3836 JOHN W. PURCELL JR. FAX (717) 234-1206 JOSEPH NISSLEY (1910-1982) JILL M. WINKA JOHN W. PURCELL BRIAN J. TYLER VALERIE A. GUNNOF NICHOLE M. STALEY O'GORMAN COUNSEL EDWARD L. SCHORPP, ESQUIRE 35 SOUTH THRUSH DRIVE CARLISLE, PA 17013-7652 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the sai estate will be divested by the sale and that you have an opportunity to protect your i y being notified of said Sheriffs Sale. By: Leon P. Haller PA I.D.15700 Attorney for Plaintiff JPMORGAN CHASE BANK AS TRUSTEE FKA BANK ONE NATIONAL ASSOCIATION AS TRUSTEE, PLAINTIFF VS. TAMMY D. LEWELLEN AND NANCY A. MCDILDA, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-5438 CIVIL TERM IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, March 07, 2007 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 02-5438 CIVIL TERM JUDGMENT AMOUNT $65,024.07 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: TAMMY D. LEWELLEN AND NANCY A. MCDILDA A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL that certain lot of ground in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on North Bedford Street, thence by property now or formerly of Wm. Slothour, Jr. , on the South, Sixty-eight feet; thence by a line parallel with the front line of said lot Northwardly Four feet; thence by the Slothour lot Esswardly Twenty-two feet to the rear of said lot; thence by a line parallel with the front line of said lot Northwardly Four feet; thence by the Slothour lot Estwardly Twenty=two feet to the rear of said lot; thence by a line parallel with the front line of said lot, adjoining property now or formerly of Wm E. Shoop, Northwardly Seventeen feet and Six inches; thence by property now or formerly of Gordon Massey, Westwardly Ninety feet to a point on North Bedford Street; thence by the line of said Street Southwardly Twenty-one feet and Six inches to the Place of Beginning. HAVING THEREON ERECTED A DWELLING KNOWN AS 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 BEING THE SAME PREMISES WHICH Nancy A. McDilda, by Tammy D. Lewellen, Attorney-in-Fact for Nancy A. McDilda, by Deed dated 10/27/99 and recorded 1.1/12/99 in Cumberland County Deed Boot: 211, Page 390, granted and conveyed unto Nancy A. McDilda and Tammy D. Lewellen. TO BE SOLD AS THE PROPERTY OF TAl.,IMY D. LEWELLEN AND NANCY A. MCDILDA ON JUDGMENT NO. 02-5438 CIVIL TERM ASSESSMENT NO. 02-21-0318-198 HOMECOMINGS FINANCIAL NETWORK v. TAMMY D. LEWELLEN AND NANCY A. MCDILDA CUMBERLAND County Sale - 03/07/07 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In cowliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: EDWARD L. SCHORPP, ESQUIRE 35 SOUTH THRUSH DRIVE CARLISLE, PA 17013-7652 40URQ\ PITNEY QOYJES C2 1A $ 00.950 0004353871 SEP26 2006 MAILED FROM ZIP CODE 1 710 2 " ' -' rn f ..... `} ii JPMORGAN CHASE BANK AS TRUSTEE FKA BANK ONE NATIONAL ASSOCIATION AS TRUSTEE, PLAINTIFF VS. TAMMY D. LEWELLEN AND NANCY A. MCDILDA, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-5438 CIVIL TERM IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on q 1, A 1 aWL , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: TAMMY D. LEWELLEN 139 NORTH BEDFORD STREET CARLISLE, PA 17013 NANCY A. MCDILDA 139 NORTH BEDFORD STREET CARLISLE, PA 17013 Pennsylvania Power and Light Company 827 Hausman Road Allentown, PA 18104 Arthur M. Feld, Esquire 1309 Bridge Street New Cumberland, PA 17070 Borough of Carlisle 53 West South Street Carlisle, PA 17013 Edward L. Schorpp, Esquire 10 East High Street Carlisle, PA 17013 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 By e PURCEL , I G & F Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES HOWARD B. KRUG LEON P.HALLER JOHN W.PURCELLJR. JILL M. WINKA BRIAN J. TYLER NICHOLE M. STALEY O'GORMAN TAMMY D. LEWELLEN U)D 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FAX (717) 234-1206 139 NORTH BEDFORD STREET CARLISLE, PA 17013 NANCY A. MCDILDA 139 NORTH BEDFORD STREET CARLISLE, PA 17013 Pennsylvania Power and Light Company 827 Hausman Road Allentown, PA 18104 Arthur M. Feld, Esquire 1309 Bridge Street New Cumberland, PA 17070 Borough of Carlisle 53 West South Street Carlisle, PA 17013 Edward L. Schorpp, Esquire 10 East High Street Carlisle, PA 17013 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 HERSHEY (717)533-3836 JOSEPH NISSLEY (1910-1982) JOHN W.PURCELL VALERIE A. GUNNOF COUNSEL NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriffs Sale. By: Leon P. Haller PA I. .15700 Attorney for Plaintiff JPMORGAN CHASE BANK AS TRUSTEE FKA BANK ONE NATIONAL ASSOCIATION AS TRUSTEE, PLAINTIFF Vs. TAMMY D. LEWELLEN AND NANCY A. MCDILDA, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 02-5438 CIVIL TERM IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, March 07, 2007 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 02-5438 CIVIL TERM JUDGMENT AMOUNT $65,024.07 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: TAMMY D. LEWELLEN AND NANCY A. MCDILDA A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL that certain lot of ground in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on North Bedford Street, thence by property now or formerly of Wm. Slothour, Jr. , on the South, Sixty-eight feet; thence by a line parallel with the front line of said lot Northwardly Four feet; thence by the Slothour lot Eastwardly Twenty-two feet to the rear of said lot; thence by a fine parallel with the front line of said lot Northwardly Four feet; thence by the Slothour lot Eastwardly Twenty-two feet to the rear of said lot; thence by a line parallel with the front line of said lot, adjoining property now or formerly of Wm E. Shoop, Northwardly Seventeen feet and Six inches; thence by property now or formerly of Gordon Massey, Westwardly Ninety feet to a point on North Bedford Street; thence by the line of said Street Southwardly Twenty-one feet and Six inches to the Place of Beginning. HAVING THEREON ERECTED A DWELLING KNOWN AS 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 BEING THE SAME PREMISES WHICH Nancy A. McDilda, by Tammy D. Lewellen, Attorney-in-Fact for Nancy A. McDilda, by Deed dated 10/27/99 and recorded 11/12/99 in Cumberland County Deed Book 211, Page 390, granted and conveyed unto Nancy A. McDilda and Tammy D. Lewellen. TO BE SOLD AS THE PROPERTY OF TAMMY D. LEWELLEN AND NANCY A. MCDILDA ON JUDGMENT NO.02-5438 CIVIL TERM ASSESSMENT NO. 02-21-0318-198 7160 M 9649 3367 730 5 To: NANCY A. MCDILDA 139 NORTH BEDFORD STREET CARLISLE, PA 17013 SENDER: NOS 03/07/07 REFERENCE:HC VS. LEWELLEN RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurancb Coverage Provided Do Not Um for InWmtlonal Merv 7AG 3W L 4844 3367 7311 TO: TAMMY D. LEWELLEN 139 NORTH BEDFORD STREET CARLISLE, PA 17013 SENDER: NOS 03/03/07 REFERENCE:HC VS. LEWELLEN RETURN Postage 434 740 RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees POSTMARK OR DATE US Postal Service POSTMARK OR DATE Receipt for Certified Mall: ?? E No Insurance Coverage Provldecl' Do Not Use for Intemetlonel Md I? HOMECOMINGS FINANCIAL NETWORK v. TAMMY D. LEWELLEN NANCY A. MCDILDA Cumberland County Sale 3/7/2007 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: TAMMY D. LEWELLEN 139 NORTH BEDFORD STREET CARLISLE, PA 17013 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: NANCY A. MCDILDA 139 NORTH BEDFORD STREET CARLISLE, PA 17013 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 SS,PRSl „? .V VRNEY BOWES 02 1A $00-950 0004353871 SER12 2006 • MAILED FROM ZIP CODE 1 71 02 i HOMECOMINGS FINANCIAL NETWORK v. TAMMY D. LEWELLEN NANCY A. MCDILDA Cumberland County Sale 3/7/2007 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: TENANT/OCCUPANT 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Arthur M. Feld, Esquire 1309 Bridge Street New Cumberland, PA 17070 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Pennsylvania Power and Light Company 827 Hausman Road Allentown, PA 18104 'iOss PN -"V MMMMW i PRNFV 60%WS 02 1A $ 00.95° + 000,4353871 SEP 12 2006 MAILED FROM ZIP CODE 1 710 2 HOMECOMINGS FINANCIAL NETWORK v. TAMMY D. LEWELLEN NANCY A. MCDILDA Cumberland County Sale 3/7/2007 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Borough of Carlisle 53 West South Street Carlisle, PA 17013 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Edward L. Schorpp, Esquire 10 East High Street Carlisle, PA 17013 y?vses PCsr4 ?I 'VENEEMMV RIMY BMW's 021 4 $ 01.90° 0004353871 SEP 1 2 2006 MAILED FROM ZIP CODE 1 710 2 r? {? f"a ` ? "? `N .s C??, ..-j -: y i?? ?.t-P1 ?? ?$C t '„"?' ?„ (V r? ?. -? ?, „. %. - i? ?" d 'rya 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 Residential Funding Co LLC is the grantee the same having been sold to said grantee on the 7th day of March A.D., 2007, under and by virtue of a writ Execution issued on the 11th day of Sept, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 5438, at the suit of JP Morgan Chase Bank Tr against Tammy D Lewellen & Nancy A McDilda is duly recorded in Deed Book No. 279, Page 4761. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. Deeds HeMdW 6uml*dmd CO". CN N. PA My Comm' E*ms the FW Monday of jwL X o ? ' JP Morgan Chase Bank as Trustee In the Court of Common Pleas of f/k/a Bank One National Association as Trustee Cumberland County, Pennsylvania VS Writ No. 2002-5438 Civil Term Tammy D. Lewellen and Nancy A. McDilda Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on December 13, 2006 at 1930 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Tammy D. Lewellen and Nancy A. McDilda, by making known unto Amanda Eboch, daughter of Tammy D. Lewellen, and granddaughter of Nancy A. McDilda at 139 North Bedford Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on January 17, 2007 at 1545 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 Tammy D. Lewellen and Nancy A. McDilda located at 139 North Bedford St., Carlisle, 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: Tammy D. Lewellen and Nancy A. McDilda, by regular mail to their last known address of 139 North Bedford St., Carlisle, PA 17013. These letters were mailed under the date of January 12, 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 March 7, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Leon P. Haller, on behalf of Residential Funding Company, LLC f/k/a Residential Funding Corporation. It being the highest bid and best price received for the same, Residential Funding Company, LLC f/k/a Residential Funding Corporation, of 8400 Normandale Lake Blvd., Suite 600, Minneapolis, MN 55437-1085, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $08.36. Sheriffs Costs: Docketing $30.00 Poundage 19.42 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed H6.00 Auctioneer 10.00 t Prothonotary 1.00 Mileage 8.80 Certified Mail 1.22 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Patriot News 378.59 Share of Bills 16.83 Distribution of Proceeds 25.00 Sheriff s Deed 39.50 $ 1088.36 So Answers: R. Thomas Kline, Sheriff BY d G??n ?' s/3 0' ai / t?& 6 $ 444 ?3?as U"? 1 r` JPMORGAN CHASE BANK AS TRUSTEE FKA BANK ONE NATIONAL ASSOCIATION AS TRUSTEE, PLAINTIFF VS IN THE COURT OF COMMO PL CUMBERLAND COUNTY, P NIA CIVIL ACTION LAW NO. 02-5438 CIVIL TERM TAMMY D. LEWELLEN AND NANCY A. MCDILDA, DEFENDANT(S) IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013: Name and address of the Owner(s) or Reputed Owner(s): TAMMY D. LEWELLEN 139 NORTH BEDFORD STREET CARLISLE, PA 17013 NANCY A. MCDILDA 139 NORTH BEDFORD STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Pennsylvania Power and Light Company 827 Hausman Road Allentown, PA 18104 Arthur M. Feld, Esquire 1309 Bridge Street New Cumberland, PA 17070 Borough of Carlisle 53 West South Street Carlisle, PA 17013 I Edward L. Schorpp, Esquire 10 East High Street Carlisle, PA 17013 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unworn falsification to autho Leon P. Haller PA I.D. 15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 8, 2006 JPMORGAN CHASE BANK AS TRUSTEE FKA BANK ONE NATIONAL ASSOCIATION AS TRUSTEE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW VS. TAMMY D. LEWELLEN AND NANCY A. MCDILDA, DEFENDANT(S) NO. 02-5438 CIVIL TERM IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, March 07, 2007 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 02-5438 CIVIL TERM JUDGMENT AMOUNT $65,024.07 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: TAMMY D. LEWELLEN AND NANCY A. MCDILDA I A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL that certain lot of ground in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on North Bedford Street, thence by property now or formerly of Wm. Slothour, Jr. , on the South, Sixty-eight feet; thence by a line parallel with the front line of said lot Northwardly Four feet; thence by the Slothour lot Estwardly Twenty-two feet to the rear of said lot; thence by a line parallel with the front line of said lot Northwardly Four feet; thence by the Slothour lot Ftwardly Twenty=two feet to the rear of said lot; thence by a line parallel with the front line of said lot, adjoining property now or formerly of Wm E. Shoop, Northwardly Seventeen feet and Six inches; thence by property now or formerly of Gordon Massey, Westwardly Ninety feet to a point on North Bedford Street; thence by the line of said Street Southwardly Twenty-one feet and Six inches to the Place of Beginning. HAVING THEREON ERECTED A DWELLING KNOWN AS 139 NORTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 BEING THE SAME PREMISES WHICH Nancy A. McDilda, by Tammy D. Lewellen, Attorney-in-Fact for Nancy A. McDilda, by Deed dated 10/27/99 and recorded 11/12/99 in Cumberland County Deed Book 211, Page 390, granted and conveyed unto Nancy A. McDilda and Tammy D. Lewellen. TO BE SOLD AS THE PROPERTY OF TAMMY D. LEWELLEN AND NANCY A. MCDILDA ON JUDGMENT NO. 02-5438 CIVIL TERM ASSESSMENT NO. 02-21-0318-198 C: F1CE 0F i -; SH ,I F 200b SEP 18 A g: 3 8 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-5438 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK AS TRUSTEE FKA BANK ONE NATIONAL ASSOCIATION AS TRUSTEE, Plaintiff (s) From TAMMY D. LEWELLEN AND NANCY A. MCDILDA (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 $65,024.07 L.L. Interest PER DIEM OF $19.26 TO SALE DATE 3/7/07 - $16,631.25 Atty's Comm % Atty Paid $1,735.40 Due Prothy $1.00 Other Costs LATE CHARGES $30.04 PER MONTH TO SALE DATE 3/7/07 - $871.16 -- ESCROW DEFICIT - $7,194.04 Plaintiff Paid Date: SEPTEMBER 11, 2006 (Seal) REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 I i*Ll ?m 9 V-., 0 Curtis R. Kong, Proth ry By: Deputy Real Estate Sale # 05 On October 31, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 139 North Bedford Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. W Date: October 31, 2006 By: v?.?%( 'V Real Es to Sergeant BE :b V 81 d3S RE THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 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 ............... .... . . .1. . . ................................... COPY Sworn to an ub c b efore me this 26th day of February 2007 q D SALE #5 COMMONWEALTH OF PENNSYLVANIA ussell, Notary Public city Of sburg, Dauphin County AMemberenns,v/l otarial Seal on ires June 6, 2010 Association of Notaries NO VARY PUBLIC C CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 moo_ _ _ _z7inr JP wales ch"O ssa ft It -so We Bwnk Oro Nedond tsiiDm0wat+t yto Ys AIL lV f Cmm wed Jm it 4 1400 aia, boaaaied aed deseid is fdm: UPWR 71G at a pawl an I NOW 44 >berwe by property row or Am* of #llre, Ja, ae tAe Sost?&; Siitly,11?741k Ow tty a lire PwW *6 the fto In if tawIIF 1R; {+1orW FK* fbw fixt these IV in Srt[fiNt 10 it * fm a 68 tsartt?idit77; rliiltla?* faaat be d aaid a PINIMato Fm fret; traaea by 61206M be Esftu* Twallp- two feat to 6e Aar of acid * & OW by a he perrld with ft filwso oflowI t, adjuiats property mw or flangtipf,ef WOL E Sraop, Nm*wa* 9eveawtim he aad Six aackK grace by p aperty ww or hmzdy of Go" may. Naoety finer to a POW an North Be" Shut them by die line of acid dwa SOV&wa ly Tw"-ow feet tad sa srl"bthaphutofbapi 10 WHIM KNO" AS 139 MM IEVR n slyer GAR; FENNSYLYANJA 17013. , BEWG M SAME 1?litEW-W w" lwscq A ltlCDiida, by TamW D. Lm*a, AWW_ 3e4W for Darcy A 100 dad W)99 ad neoaNed 1 Ut _ it Cambodtlad Caoaty Dod book 211, pri 9x p witted awbeyed wM Naecy A. ] cMft ad ImMy R UWdkL 70 BESMDAS TM fift*Yl .OF TAMMY D.'LEW91M AM NANCY A. MCDIIAA ON JUDGMENT NO. 02=5431f CNN THtM. Amessweet 1102-21-03171_ 198 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 26, February 2 and February 9, 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. ' a Marie Coyne ditor SWORN TO AND SUBSCRIBED before me this 9 day of Februaa, 2007 NOTARIAL SEAL v LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 1###i. 89TAM #AA& NO. b Writ No. 2002-5438 Civil JP Morgan Chase Bank as Trustee f/k/a Bank One National Association as Trustee vs. Tammy D. Lewellen and Nancy A. McDilda Atty.: Leon Haller ALL that certain lot of ground in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on North Bedford Street, thence by property now or formerly of Win. Sir, Jr., on the South, Sixty-e tt feet; thence by a line parallel with the front line of said lot Northwardly Four feet; thence by the Slothour lot Eastwardly Twenty-two feet to the rear of said lot; thence by a line parallel with the front line of said lot Northwardly Four feet; thence by the Slothour lot Eastwardly Twenty-two feet to the rear of said lot; thence by a line parallel with the front line of said lot, aQg#" property now or formerly of Wm E. Shoop, Northwardly Seventeen feet and Six inches; thence by property now or formerly of Gordon Massey, Westwardly Ninety feet to a point on North Bedford Street; thence by the line of said Street Southwardly Twenty-one feet and Six inches to the Place of Beginning. HAVING THEREON ERECTED A DWELLING KNOWN AS 139 NORTH BEDFORD STREET. CAR- LISLE. PENNSYLVANIA 17013. BEING THE SAME PREMISES WHICH Nancy A. McDilda, by Tam- my D. Lewellen, Attorney-in-Fact for Nancy A. McDilda, by Deed dated 10/27/99 and recorded 11/12/99 in Cumberland County Deed Book 211, Page 390, granted and con- veyed unto Nancy A. McDilda and Tammy D. Lewellen. TO BE SOLD AS THE PROP- ERTY OF TAMMY D. LEWELLEN AND NANCY A. McDILDA ON JUDG- MENT NO. 02-5438 CIVIL TERM. ASSESSMENT NO. 02-21-0318- 198. JPMORGAN CHASE BANK AS TRUSTEE FKA BANK ONE NATIONAL ASSOCIATION AS TRUSTEE Plaintiff VS. TAMMY D. LEWELLEN & NANCY A. MCDILDA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5438 CIVIL TERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE ASSIGNMENT OF BID TO THE SHERIFF: JPMorgan Chase Bank as Trustee fka Bank One National Association, as Trustee, as agent for Residential Funding Company, LLC fka Residential funding Corporation, hereby assigns its bid in the above matter to Residential Funding Company, LLC fka Residential funding Corporation, 8400 Normandale Lake Blvd., Suite 600, Minneapolis, MN 55437-1085. Leon P. Haller, Esquire Attorney for Plaintiff PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATED: March 6, 2007