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HomeMy WebLinkAbout02-5553FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHiLADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff ROBERT D. LEWIS 17 SUSSEX DRIVE CARLISLE, PA. 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DiVISION TERM CUMBERLAND COUNTY Defendant(s) CIVll, ACTION - I,AW COMPI,AINT IN MORTGAGE FORECI,O,qURE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LlBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 0105724728 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEYER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. Plaintiffis MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: AURORA LOAN SERVICES 601 5TM AVENUE SCOTTSBLUFF, NE 69361 The name(s) and last known address(es) of the Defendant(s) are: ROBERT D. LEWIS 17 SUSSEX DRIVE CARLISLE, PA. 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 10/4/00 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NATIONAL CITY MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1643, Page 607. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 7/1/02 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 6/1/02 through 10/1/02 (Per Diem $27.76) Attorney's Fees Cumulative Late Charges 10/4/00 to 10/1/02 Cost of Suit and Title Search Subtotal $121,132.51 3,414.48 1,250.00 184.38 550 00 $126,531.37 Escrow Credit 0.00 Deficit 469.56 Subtotal $ 460 56 TOTAL $127,000.93 The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $127,000.93, together with interest from 10/1/02 at the rate of $27.76 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERMAN AND PHELAN, LLP. FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL THAT CERTAIN Ifad; m' lanai ~Jtuated i~ It',e ~ ~ C~ C~et- I~ ~, PA ~l~ L~ Nc. 120; a~ ~ cn Grins ~, Family Re~id~ Dev~opm~, Rn~ Su~lflon Plan, Ph~e l, ~ 1, da~ Ja~ 21, 1~97, by P~Te~ En~nee~, I~, S~ C~l~e, BEGINNING at ~ im~ ~, ~ng a ~ly ~mer of LOt N~ 1~ 9, a~ I~nG in a n~y d~t of~y Ii~ ~ ~uss~ Olive (~0 f~t H~ of ~y); the~ an iron pin, 1~ a~ ~d ~t of~v ~d ~ng ~ essay ~r ~ Let No. 121; th~ a(~ ~id Lo~ N~ 13 ~s 13 minutes ~ ~[her[y Ihs ~ Lot No. 12~ ~ ~ ~id Lo~ No~ 76 d~s ~ mitres 31 s~ds East, 6~.~ f~t ~ ~ Im~ pin. I~ ~ a ~u~rly ~e ~ Lot No. 128, ~d Dein~ a ~steHy ~ ef ~ N~ 11~ ~n~ ~ ~ Lot, Seu~ 13 de~s 13 ~leules ~ ae~nds eas~ 115.~ fee[ ~ ~ ~ p~, be~ ~e pla~ ~ BEGINNING. CONTAINING 0.166 acre. Lot N~ ,. 120 is subja~-t to a 10 foet wide ul~llb/easement along [~ s~t fron~e. UNDE ~ ~O 8U~ E~ ~ M~ ~ of P~ve Cov~ ~r AL~,, UNDE~ AND SUBJECT t~ Ma~ter Dec,amiga of Protective C~venants. R~e vati~s a,'ld Ensemenls f~r Chesterfield Manor ret=triad In Misc. B~ok 5~9, Page 76. BEtH G part of the ~eme premises which Krugnr Da~ Farms, a Parl;,~'oJ'fip by Rec~ rder of ~ ~n and f,v C~berla~d Co '~'~ty ;n Deed B~k V-31, Page 351, cenv3¥ad ur~ $ & A Cz.~'tom ~uiJt Home,", Inc., grari~r herein. PREMISES ON: 17 SUSSEX DRIVE VERIFICATION FRANCIS S. HALL/NAN, ESQUULE hereby states that he is attorney for Plaintiff in this matter, that Plaintiffis outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthern~ore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsification to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DA*E:_ SHERIFF'S RETURN - REGULAR CASE NO: 2002-05553 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC RESISTRATI VS LEWIS ROBERT D DAVID MCKINNEy , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LEWIS ROBERT D the DEFENDANT , at 2137:00 HOURS, on the 22nd day of November at 17 SUSSEX DRIVE CARLISLE, PA 17013 by handing to ROBERT LEWIS a true and attested copy of COMPLAINT - MORT FORE together with , 2002 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 /~ day of ~~ ~2~*0 ~-- A.D. Prothonotary ' So Answers: R. Thomas Kline 11125/2002 FEDERMAN & PHELAN FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, V. ROBERT D. LEWIS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5553 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against ROBERT D. LEWIS, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 10/2/02 to 12/31/02 TOTAL $127,000.93 $ 2,526.16 $ 129,527.09 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. { RANK FE~DERMAN,'E~QUIRE Attorney for~Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROTHY FEDERMAN AND PHELAN BY: FRA~ FEDERMAN, ESQLr[RE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 ~ (21 ~;) 56%7000 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff ROBERT D. LEWIS Defendant(s) TO: VS. ROBERT D. LEWIS 17 SUSSEX DRIVE CARLISLE, PA 17013 : COURT OF COMMON PLEAS : CIVIL DIVISION : CU~ERLAND COUNTY DATE OF NOTICE: DECEMBER 18, 2002 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTA%NED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE' IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY ~MPORTANT NOTICE ' You are in default because you have failed 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 and you may lose your against you without a hearing 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Fdderman, Esquire Attorney for Plaintiff 17EDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SU/TE 1400 PHILADELPHIA, PA 19103-1814 1215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 Plaintiff, V. ROBERT D. LEWIS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5553 VERIFICATION OF NON-MILITARY SERVICE . . F .RAiNK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the aoove-captionea matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant ROBERT D. LEWIS is over 18 years of age and resides at, 17 SUSSEX DR/VE, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Attorney Ior Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. ROBERT D. LEWIS Defendant(s). No. 02-5553 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 01/01/03 to 6/11/03 (per diem -$21.29) TOTAL $ 129,527.09 $ 3,448.98 and Costs $ 132,976.07 One Penn Cehter at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAIN tract of land situated in the Borough of Carlisle, Cumber- land County, PA being Lot No. 120; as shown on Greystone Manor, a Single- Family Residential Development, Final Subdivision Plan, Phase I, Section dated January 21, 19.97, by PennTerra Enginee~dng, Inc., State College, PA, ~r~ Plan 8ook 76, Page 90, being bounded and described as follows: BEGINNING at an iron pin, being a southerly comer of Lot No. 119, and lying in a northerly dght of way line of Sussex Drive (60 foot dght of way); thence along said right of way, Soubh 76 degrees 46 minutes 31 seconds West, 63.00 feet to an iron pin, lying along said right of way and being an eastedy comer of Lot No. 121; thence along said Lot, North 13 degrees 13 minutes 29 seconds West, 115.00 feet to an iron pin, being a northerly comer of said Lot and lying in a southerly line of Lot No. 127; thence along said Lot, North 76 degrees 46 minutes 31 seconds East, 63.00 feet to an iron pin, lying in a southerly line of Lot No. 128, and being a westerly corner of Lot No. 119: thence along said Lot, South 13 degrees 13 minutes 29 seconds East, 115.00 feet to an iron pin, being the place of BEGINNING. . CONTAINING 0.166 acre. TAX PARCEL ~ 05-19--1647-216 PKE~IISES BEING I~O~N AS: 17 SUSSEX DRIVE C&RLISLE, PA 17013 TITLE TO SAID PREMISES IS VESTED IN Robert Lewis, Single Man by Deed from S & A Custom Built Homes, Inc. a Pennsylvania Corporation dated 10/4/2000 and recorded 10/5/2000 in Deed Bool~ 230, Page 4t7. FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. ROBERT D. LEWIS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5553 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. IF. RANK E D_ER A ,- SQUn tAttorney ~or Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. ROBERT D. LEWIS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5553 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 17 SUSSEX DRIVEl CARLISLE~ PA 17013,_. 1. Name and address of Owner(s) or reputed Owner(s): Last Known Address (if address cannot be Name reasonably ascertained, please indicate) ROBERT D. LEWIS 17 SUSSEX DRIVE CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Last Known Address (if address cannot be Name reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Last Known Address (if address cannot be Name reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Last Known Address (if address cannot be Name reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Last Known Address (if address cannot be Name reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Last Known Address (if address cannot be Name reasonably ascertained, please indicate) Tenant/Occupant 17 SUSSEX DRIVE CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. - December 26 2002 ~~~ F~EDE~AN, ESQUIRE DATE ¢tttorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, ROBERT D. LEWIS Defendant(s). CUMBERLAND COUNTY No. 02-5553 December 26, 2002 TO: ROBERT D. LEWIS 17 SUSSEX DRIVE CARLISLE, PA 17013 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at a 17 SUSSEX DRIVE~ CARLISLE~ PA 17013~.is scheduled to be sold at the Sheriffs Sale on JUNE 11~ 2003 at 10:00 a.m. in the Cumberland Cotmty Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $129 527.09 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: ~ You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-700Q. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract of land situated in the Borough of Carlisle, Cumber- land County, PA being Lot No. 120; as shown on Greystone Manor, a Single- Family Residential Oevelopment, Final Subdivision Plan, Phase l, Section 1, dated JanuAry 21, 1997, by PennTerra Engineering, Inc., State College, PA, in Plan Book 76, Page 90, being bounded and described as follows: BEGINNING at an iron pin, being a southerly c~mer of Lot No. 119, and lying in a northerly d§ht of way line of Sussex Drive (60 foot dght of way); thence along said dght of way, South 76 degrees 46 minutes 31 seconds West, 63.00 feet to an iron pin, lying along said dght of way and being an easterly comer of Lot No. 121; thence along said Lot, North 13 degrees 13 minutes 29 seconds West, 115.00 feet to an iron pin, being a northerly comer of said Lot and lying in a southerly line of Lot No. 127; thence along said Lot, North 76 degrees 46 minutes 31 seconds East, 63.00 feet to an iron pin, lying in a southerly line of Lot No. 128, and being a westerly corner of Lot No. 119; thence along said Lot, South 13 degrees 13 minutes 29 seconds East, 115.00 feet to an iron pin, being the place of BEGINNING. CONTAINING 0.166 acre. TAX PARCEL ~ 05-19-4647-216 PREHISES BEING I~IiYs/Iq AS: 17 SUSSEX DRIVE CARLISLE, PA 17013 TITLE TO SAID PREMISES IS VESTED IN Robert Lewis, Single Man by Deed from S & A Custom Built Homes, Inc. a Pennsylvania Corporation dated 10/4/2000 and recorded 10/5/2000 in Deed Book 230, Page 4t7. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-5553 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff (s) From ROBERT D. LEWIS, 17 SUSSEX DR., CARLISLE PA 17013. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 17 SUSSEX DR., CARLISLE PA 17013 (SEE ATTACHED 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 pr°petty 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 $129,527.09 Interest 10/2/02 TO 12/31/02 Atty's Cornm % Arty Paid $113.45 Plaintiff Paid $2,526.16 L.L. $.50 Due Prothy $1.00 Other Costs Date: JANUARY 3, 2003 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. Address: 1617 JFK BLVD., SUITE 1400 CURTIS R. LONG DelSuty , J PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 PLAINTIFF AFFIDAVIT OF SERVICE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY No. 02-5553 DEFENDANT(S) ROBERT D. LEWIS ACCT.#0105724728 SERVE ROBERT D. LEWIS AT 17 SUSSEX DRIVE CARLISLE, PA 17013 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 11, 2003 SERVED ~), L~ x.~ ~ 5 , Defendant, on the /~-'~A~ Served and made known to ... f'~o dayof ~r~''/ ,200_-~ at !,'~ , o'clock .~, at / ~ .:,., y ~ ~ ? f~ "~ ~ ~ , Commonwealth I '-' of Pennsylvania, in the manner described below: ~, Defendant personally served. ~Adult family member with whom Defendant(s) reside(s). Relationship is ~Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. ~Other: Description: Age 4/-0 Height ~>/ , Weight,/Tg9 Race .~/,~'Sex d Other I. ~---~'e4svt-~-/~. ~-_ar '~.y, ~Y'v% a competent adult, being duly sworn according to law, depose and state that I perso~lly banded a tree and correct copy of the N6tice of Sheriff's Sale in the manner as set forth herein, issued in the ea.,*~.,,,~ ....... ~- .... ,i ,~, " the address indicated above. Sworn to ana. snbsc~) | ~ ~.~ ~.m ~ ! LE~ ~] S' INDICATE ~~&~TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of ,200._0 at ~ ~ Moved Unlmown~ No Answer 1't Attempt: / / Time: · 3rd Attempt: / / Time: · o'clock __.m., Defendant NOT FOUND because: Vacant 2'a Attempt:. / / Time: Sworn to and subscribed before me this day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ) CIVIL ACTION ) VS. ROBERT D. LEWIS ) CIVIL DIVISION ) NO. 02-5553 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. hereby verify that on 12/31/03 & 4/22/03 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: May 8, 2003 ~E Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc. VS Robert D. Lewis In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-5553 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Poundage 14.08 Posting Handbills 15.00 Advertising 15.00 Surcharge 20.00 Law Library .50 Prothonotary 1.00 Mileage 6.90 Certified Mail Levy Cumberland Law Journal Patriot News Share of Bills 15.00 274.70 300.55 25.24 $ 717.97 paid by attorney 6/02/03 Sworn and subscribed to before me This _ q~ day of(_~ 2003, A.D._%~_ Prothonotary So Answers: R. Thomas Kline, Sheriff Real Est~e Deputy Real Estate Sale # 23 On February 6, 2003 the sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA known and numbered as 17 Sussex Dr., Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 6, 2003 Real Estaffe Deputy PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (UnderAct 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 25, MAY2, 9, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. I~AL F.,8?AT~ 8AL~ NO. "~3 Writ No, 2002-5553 Civil Mortgage Electronic Registration Systems. Inc, VS. Robert D. Ix~ris Atty.: Frank FedermaI1 ALL THAT CERTAIN tract of land situated in the Borough of Carlisle. Cumberland County, PA being Lot No. 125 a~ shown on Gmystone Man~ or, a Single-Family l~stdantial De- velopment, Final Subdivision Plan, pha~ I, Section L dated Janua~ 21, 1997, by PennTerra Engineering, Inc., State College, PA. in Plan Book 76, Page 90, being bounded and described as follows: BEGINNING at an ii-on pin, being a southerly comer of Lot No. 119. and lying m a northerly right of way line of Sussex Drive (60 foot right of way): thence along said right of way, South 76 degrees 46 minutes 31 seconds West, 63.00 feet to an iron pin, lying along said right of way and being an easterly comer of Lot No. 121; thence along said LOt, North 13 degrees 13 minutes 29 seconds West, 115,00 feet to an iron pin, being a northerly comer of said Lot and lying in a southerly line of LOt No. 127; thence along said LOt, North 76 degrees 46 minutes 31 seconds East. 63,00 feet to an iron pin, lying in a southerly line of LOt No, 128, and being a westerly cor- ner of Lot No, t19; thence along said Lot, South 13 degi'ees 13 tarn- utes 29 seconds East, 115.00 feet to an iron pin. being the place of BEGINNING. CONTAINING 0. 166 acre. TAX PARCEL #05-19-1647-216. ~la Ma~e-C0~t{e, Editor SWORN TO AND SUBSCRIBED before me this 9 day of MAY, 2003 a Stngle-FamllY Residcnt~l De- or, Final subdivision plato, phase L SccQon L dat~ j~u~ 21, BEGI~ING at ~ ~n pm. be~ outharlY comer of ~t No. 119. ~d lying ~rive (60 foot r~t line of Suss~ ~ s~d ri~t of of w~); ~enca ~ong way. Sou~ 76 de,ecs 46 ~nutas In. lying ~ong s~d ~ght of ~t ~d l~g ~ a southerly ~e of lying ~ a ~utharly ~e of ~t BEGINNING. TITLE TO s~D p~MISES IS ~s~D IN Robert ~wls. Single Built HomeS. m~ ~/4/2000 ~d ~fc~Jded 10/5/2000 ~ Dee~ ~o~ S A L E #23 - REAL, E~rATE~ N~ ~'~ ,~,~ THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct 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 Asst. 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 ~ and The n P triot- w newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of April and the 6th day(s) of May 2003. 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 vJ~ue 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. COPY n~JJ,'J,~ ' ~ ' L'~,~' '_';; .... .......... i~"n~ ~1u uu~ure me ';~ 12[th day of y 20 .D. Member. Pennsylvania Assccialion Of Notades NOTARY PUBLIC My commission expires June 6, 2006 CUMBERLAND COUN'P~ SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 298.80 $ 1.75 $ 300.55 Publisher's Receipt for Advertising Cost publisher of ~and T~[~t~' newspapers of general ge receipt of the aforesaid notice and publication costs and certifies that the same have PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, ROBERT D. LEWIS Defendant(s). No. 02-5553 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 1/4/03-6/9/04 (per diem -$21.29) TOTAL $129,527.09 $11,134.67and Costs $140,661.76 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. ALL THAT CERT~JN tract of land situated in the Borough of Cadiste, Cumber- land County, PA being Lot No. 120; as shown on Greystone Manar, a Single- Family Residential Development, Final Subdivision Plan, Phase I, Section 1, dated January 21, 1997, by' PennTerra Enginee-.dng, Inc., State College, PA, in Plan Book 75, Page 90, being bounded and described as fotlows: BEGINNING at an iron pin, being a southerly comer of Lot No. 119, and lying in a northerly dght of way line of Sussex Drive (60 foot dght of way); [hence along said dght of way, Sou~ 76 degrees 46 minutes 31 seconds West, 83.00 feet t.o an iron pin, lying along said dght of way and being an eestedy comer of Lot No. 121; thence along said Lot., North 13 degrees 13 minutes 29 seconds West, 115.00 feet to an iron pin, being a northerly comer of said Lot and lying in a southerly line of Lot. No. 127; thence along said Lot, North 76 degrees 46 minutes 31 seconds East, 63.00 feet to an iron pin, lying in a southerly line of Lot No. 128, and being a west.edy comer of Lot No. 119; thence along said Lot, South 13 degrees 13 minutes 29 seconds East, 115.00 feet to an iron pin, being the place of BEGINNING. CONTAINING 0.166 acre. T~P~u~CEL ~ 05-t9--1647-216 PRI~ISES BEING KNOWN AS: 17 SUSSEX DRIVE CARLISLE, PA 17013 TITLE TO SAID PREMISES IS VESTED IN Robert Lewis, Single Man by Deed from S & A Custom Built Homes, Inc. a Pennsylvania Corporation dated 10/4/2000 and recorded 10/5/2000 in Deed Book 230, Page 4t7. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO02-5553 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERiFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC Plaintiff (s) From ROBERT D LEWIS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) (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 prope~V 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 DueS 129,527.09 L.L. Interest 1/04/03-6/09/04 (PER DIEM-S21.29) $11,134.67 AND COSTS A~y's Corem % Due Prothy $1.00 Atty Paid $ 843.92 Plaintiff Paid Date: MARCH 9, 2004 (Seal) Other Costs CURTIS R. LONG Prothonotary By: Deputy REQUESTING PARTY: Name FRANK FEDERMAN ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 0105 : Rob~ D. Lewi~ Debtor : Chapter No. 13 Morgue El~tronic R~tmfion Sy~m~ Inc.. : Movant : Robe~ D. L~ : R~ndem : ORDER MODIFYING ~362 AU'I~MATIC STAY AND NOW, ~his ~t~'~day of ~$c.. f~ ,t; { ~, 2003, upon Motion of Mortgage Electronic Registration System~, Inc., 0vlovan0, it is: ORDERED that the Automatic Stay of all pro0~ings, as provided undo' §362 of the BankrupWy Code 11 U~S.C. §362 is modified with resp~t to premises 17 Sussex Drive, Carlisle, PA 17013, as to allow th~ Movant to for~los¢ on i~s mortgag~ and allow th~ pumhas? of said premises at Sheriffs Sale (or pumhas~s assignee) to tak~ any legal or consenscal action for ~fowern~nt of its fight to pos~ssion of, or title to, ~tid pm-mi~ ORDERED that Rule 40o1(aX3) is not applicable and Mortgage Electronic Registration Systems, Inc. may imra~dia~ly ~nfor~ and impl~mant ~ Order granting relief ~rom th~ automafi~ stay. cc: Judith T. Romano, Esquire One Penn Center at Suburban Station, Sui~c 1400 Philadelphia, PA i9103-1814 Charles J. D~Ia~ HI, Esqu~ Onrume) P.O. Box 410 Hummelstown, PA 17036 Austin F. Grogan, Esquire 24 North 32nd S~t Camp Hill, PA 17011 Rob~ D. Lewis 17 SuSsex Drive Earli~le, PA ] 7013 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, Vo ROBERT D. LEWIS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5553 CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, ROBERT D. LEWIS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5553 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 17 SUSSEX DRIVE, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROBERT D. LEWIS 17 SUSSEX DRIVE CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Naine Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Nan~e and address of every other person who has any record lien on the property: Nallle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 17 SUSSEX DRIVE CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I tmderstand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 5, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. ROBERT D. LEWIS Defendant(s). TO: ROBERT D. LEWIS 17 SUSSEX DRIVE CARLISLE, PA 17013 CUMBERLAND COUNTY No. 02-5553 March 5, 2004 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 17 SUSSEX DRIVE, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $129,527.09 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215~ 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your fights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the fight to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract of land situated in the Borough of Carlisle, Cumber- land County, PA being Lot No. 120; as shown on Greystone Manor, a Single- Family Residential Development, Final Subdivision Plan, Phase l, Section 1, dated January 21, 1997, by PannTerra Engineering, Inc., Stai:e College, PA, in Plan Book 76, Page 90, being bounded and described as follows: BEGINNING at an iron pin, being a southerly comer of Lot No. 119, and lying in a northerly dght of way line of Sussex Drive (60 foot dght of way); thence along said right of way, South 76 degrees 46 minutes 31 seconds West, 63.00 feet to an iron pin, lying along said right of way and being an easterly corner of Lot No. 121; thence along said Lot, North 13 degrees 13 minutes 29 seconds West, 115.00 feet to an iron pin, being a northerly corner of said Lot and lying in a southerly line of Lot No. 127; thence along said Lot, North 76 degrees 46 minutes 31 seconds East, 63.00 feet to an iron pin, lying in a southerly line of Lot No. 128, and being a westerly comer of Lot No. 119; thence along said Lot, South 13 degrees 13 minutes 29 seconds East, 115.00 feet to an iron pin, being the place of BEGINNING. CONTAINING 0.166 acre. VAX PARCEL ~ 05-19--1647-216 PP.I~4ISES BEING KNO~N AS: 17 SUSSEX DP~[VE ~ARLISLE, PA 17013 TITLE TO SAID PREMISES IS VESTED IN Robert Lewis, Single Man by Deed from S & A Custom Built Homes, Inc. a Pennsylvania Corporation dated 10/4/2000 and recorded 10/5/2000 in Deed Book 230, Page 4t7. Mortgage Electronic Registration Systems, Inc. VS Robert D. Lewis In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-5553 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Frank Federman. Sheriffs Costs: Docketing 30.00 Poundage 7.66 Posting Handbills 15.00 Advertising 15.00 Mileage 6.90 Levy 15.00 Surcharge 20.00 Law Journal 184.80 Patriot News 65.85 Share of Bills 29.26 Law Library Prothonotary 1.00 $390.47 paid by attorney 06/07/04 Sworn and subscribed to before me This /a ~dayof~.~ 2004, A.D.~tcr~ {~ ~, Prothonotary So Answers: '--R. Thomas Kline, Sheriff Real Est~lle Deputy Real Estate Sale #64 On March 10, 2004 the sherifflevied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 17 Sussex Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 10, 2004 Real Estate Deputy THE PATR] OT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 27th day(s) cf April 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION .................................................... CO PY Sworn to an day o/f, May.~)94 A.D. Terry L ic N~y Commission Expires Ju . )oo IMy commission expires June 6, 2006 Member, Pennlylvanla A~locillion OI Notarial CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 65.85 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. 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 8AL~ NO. 64 Writ No, 2002-5553 Civil Mortgage Electronic Registration Systems, Inc. VS. Robert D. Lewis Atty.: Frank Federman ALL THAT CERTAIN tract of land situated in the Borough of Carlisle, Cumberland County. PA being Lot No. 120: as shown on Greystone Man- or, a Single-Family Residantlal De- velopment. Final Subdivision Plan, Phase L Section 1, dated January 21; 1997, by PennTerra Engineering. Inc., State College, PA, in Plan Book 76, Page 90, being bounded and dascr~bed as follows: BEGINNING at an iron pin, be- ing a southerly corner of Lot No. 119. and lying in a northerly right ditor SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 ~L SEAL U LOIS E. SNYDER, Notary Public Carlisle Bom, Cumberlancl County My Commission Expires March 5, 2005 ALL THAT CERTAIN tract bl situated in the Borough of Carlisle, Cumberland County, PA being Lot No, 120; as sho, J~n on Greystone or, a Single-Family Residential De- velopment, Final Subdi~iaion Plan, Pha~e I, ~ection 2, dated January 21 1997, by PennTerra Ertgineering, Inc,, State College, P~, in Plall Book 76, Page 90, being bounded and described as follows: BEGINNING at an iron pin, be- ing a southerly corner of Lot No. 119, and ly/ng In a northerly right of way hne of Sussex Drive {60 foot right ofway); thence along said right of way, South 76 degrees 46 rain- utes 3t seconds West, 63.00 feet to an iron pin, ly~ng along said right of way and being an easterly comer of Lot No. i21; thence along said Lot, North 13 degrees la minutes 29 seconds West, i15.00 feet to an iron pin, being a northerly corner of said Lot and lying in a southerly line of Lot No, 127; thence along said !mt, North 76 degrees 46 min- utes 31 seconds East, 63.00 feet to an iron pin. lying in a southerly line of Lot No, 126, and being a weoterly comer of LOt No. 119; thence along said Lot, South 13 degrees 13 minutes 29 seconds East, 115.00 feet to an iron pin, being the place of BEGINNING. CONTAINING 0. i66 acre. TAX PARCEL # 05-19-1647-216. PREMISES BEING t/a~IOWN AS: 17 Sussex Drive, Carlisle, PA 17013. TITLE TO SAID PREMISES IS VESTED IN Robert Lewis, Single Man by Deed from S & A Custom Built Homes, Inc. a Pennsylvania Corporation dated 10/4/2000 and recorded 1-0/5/2000 in Deed Book 230, Page 417. LOIS E, SNYDER, Nota~j Public Ca~lisle Bore, Cumbe~an~l County ~ly Commission Expires Ma~ch 5, 2005