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HomeMy WebLinkAbout07-1290 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 150315 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 Plaintiff V. SCOTT A. DAVIS LISA M. DAVIS A/K/A LISA M. RODKEY A/K/A LISA M. SNYDER 376 BURNT HOUSE ROAD CARLISLE, PA 17013 THE UNITED STATES OF AMERICA C/o The United States Attorney for the Middle District of Pennsylvania 1164 Federal Building 228 Walnut Street Harrisburg, PA 17101 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 617- I019D CVVII CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 150315 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 150315 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 File #: 150315 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 150315 1. Plaintiff is WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: SCOTT A. DAVIS LISA M. DAVIS A/K/A LISA M. RODKEY A/K/A LISA M. SNYDER 376 BURNT HOUSE ROAD CARLISLE, PA 17013 THE UNITED STATES OF AMERICA C/o The United States Attorney for the Middle District of Pennsylvania 1164 Federal Building 228 Walnut Street Harrisburg, PA 17101 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/18/2002 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1779, Page: 1637. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 150315 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $69,995.94 Interest $1,807.07 10/01/2006 through 03/06/2007 (Per Diem $11.51) Attorney's Fees $1,250.00 Cumulative Late Charges $93.56 10/18/2002 to 03/06/2007 Cost of Suit and Title Search 750.00 Subtotal $73,896.57 Escrow Credit ($614.80) Deficit $0.00 Subtotal 614.80 TOTAL $73,281.77 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 150315 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. File #: 150315 11. The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410, because of federal tax liens that have been filed with the Prothonotary of CUMBERLAND County in the Judgment Index Unit as follows: (a) United States vs. SCOTT A. DAVIS & LISA M. DAVIS; IRS Docket No. 2004, - 1820 filed 04/26/2004; in the amount of $969.28 (b) United States vs. SCOTT A. DAVIS; IRS Docket No.2004-1821; filed 04/26/2004; in the amount of $4,666.93 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $73,281.77, together with interest from 03/06/2007 at the rate of $11.51 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. HELAN HALLINAN C MIEG, LLP Y: /s/Francis S. Hal inan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 150315 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a P.K. nail in Township Road T-545, known as Burnt House Road, said point being in the Northwest corner of other lands now or formerly of Sidney J. and Virginia M. Lillie; thence along the lands now or formerly of Lillie, South 37 degrees 11 minutes 21 seconds West 177.60 feet to an iron pin in the line of lands now or formerly of John D. and Darlene S. Tyler; thence along the lands now or formerly of Tyler and continuing along the lands now or formerly of Robert L. and Nancy D. Thompson, North 80 degrees 36 minutes 19 seconds West 413.61 feet to an iron pin in the line of lands now or formerly of Luther A. and Anna Mae Mountz; thence along the lands now or formerly of Mountz, North 00 degrees 5 minutes 50 seconds West 73.72 feet to an iron pin in the line of lands now or formerly of Lillie; thence along the lands now or formerly of Lillie, the following three courses and distances: North 52 degrees 32 minutes 41 seconds East 85.77 feet; North 62 degrees 16 minutes 27 seconds East 95.78 feet; and South 86 degrees 38 minutes 50 seconds East 277.31 feet to a P.K. nail set in Burnt House Road; thence in Burnt House Road South 44 degrees 46 minutes 00 seconds East 73.66 feet to a P.K. nail; thence continuing in Burnt House Road South 50 degrees 32 minutes 20 seconds East 43.99 feet to a P.K. nail, at the place of BEGINNING. CONTAINING a total of 2.0 acres and being Lot No. 2 as shown on the Preliminary Final Subdivision Plan prepared by Stephen G. Fisher, R.S., dated April 9, 1990 and recorded in Cumberland County Plan Book 60, Page 103. PROPERTY BEING: 376 BURNT HOUSE ROAD File #: 150315 C'7 N C_f. -TI d 4= r t ; r n? C2 40 -% PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. COURT OF COMMON PLEAS V. SCOTT A. DAVIS LISA M. DAVIS A/K/A LISA M. RODKEY A/K/A LISA M. SNYDER CIVIL DIVISION CUMBERLAND COUNTY NO. 07-1290-CIVIL THE UNITED STATES OF AMERICA C/o The United States Attorney for The Middle District of Pennsylvania PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. By: I?L' Francis S. Hallinan, Esquire Attorney for Plaintiff Dated: 3 ! E-3 10-72 01 CA) C C-3 _f 4 w VERIFICATION Amy Weis hereby states that he/she is A. V. P_ of WASHINGTON MUTUAL BANK, mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: S - 13 - ()? Company: WASHINGTON MUTUAL BANK Loan: 150315 c z -I Fri r - '" C7 fir= P71 t I ? ,.' -14 A PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG, ESQUIRE IDENTIFICATION NO. 62205 ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 Washington Mutual Bank, F.A. Plaintiff Vs. Scott A. Davis Lisa M. Davis A/K/A Lisa M. Rodkey, Lisa M. Snyder And The United States of America Defendants STIPULATION ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION County: Cumberland Filed: March 8, 2007 No. 07-1290 Civil It is hereby stipulated and agreed by and between counsel for Plaintiff, and the Defendant, United States of America, as follows: 1. That the premises known as 376 Burnt House Road, Carlisle, PA 17013, Pennsylvania (the "Premises") is owned by the Defendants. 2. That the Federal Tax Liens referred to in paragraph eleven (11) of the Plaintiffs complaint is junior in time to the Plaintiffs mortgage set forth in paragraph three (3) of said complaint. 3. That the Defendant, United States of America, is not indebted to the Plaintiff. 4. That the Defendant, United States of America, agrees to the entry in this action of a judgment in favor of the Plaintiff and against the United States of America for foreclosure and sale of the mortgaged property. •? t 5. 6. 7. 8. 9. That the aforesaid premises shall be sold at a judicial sale, notice of which will be served on the Defendant, United States of America. That the judicial sale of said property shall discharge the Federal Tax Liens referred to in paragraph eleven (11) of said complaint. That the proceeds of sale shall be divided and distributed as the parties may be entitled. That the Defendant, United States of America preserves its right of redemption as provided in Title 28 United States Code, Section 2410 (c). The parties to this Stipulation shall bear their own respective costs in this proceeding. Date: Date: Q Respectfully submitted Thomas A. Marino, United States Attorney By: NW, W, ) ,Jv- Melissa Swauger, Assistant United States Attorney Attorney for United States of America P ALLINAN?& SCHMIli , LLP Schmieg, Esquire One Penn Center at Suburban Statio Suite 1400 Philadelphia, PA 19103-1804 Attorneys for Plaintiff File k 150315 CS ? n ?, -,- ?-? -, - ?, _ -?- r- - =?' -'t7 _ ; {?7 _ ...?.. ?_'] i-C1 -' F-- ? a - is?. -r' .. ?"7 ? PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVENUE MILWAUKEE, WI 53224 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. SCOTT A. DAVIS LISA M. DAVIS A/K/A LISA M. RODKEY A/K/A LISA M. SNYDER Defendant(s). CIVIL DIVISION NO. 07-1290-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against SCOTT A. DAVIS and LISA M. DAVIS A/K/A LISA M. RODKEY A/K/A LISA M. SNYDER, 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 $73,281.77 Interest from 03/07/07 to 04/17/07 $483.42 TOTAL $73,765.19 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. L 4ud )I ANIEL G. SCHMIEG, ESQU Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ? pl ?,DD? PRO ROTHY 150315 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY SCOTT A. DAVIS LISA M. DAVIS : NO. 07-1290-CIVIL A/K/A LISA M. RODKEY A/K/A LISA M. SNYDER Defendants TO: LISA M. DAVIS A/K/A LISA M. RODKEY A/K/A LISA M. SNYDER 376 BURNT HOUSE ROAD CARLISLE, PA 17013 DATE OF NOTICE: APRIL 3, 2007 FILL THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 qA.- - - -5F S. HALL AN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP .. By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (2,15) 563-7000 WASHINGTON MUTUAL BANK, F.A. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY SCOTT A. DAVIS LISA M. DAVIS : NO. 07-1290-CIVIL A1K/A LISA M. RODKEY A/K/A LISA M. SNYDER Defendants TO: SCOTT A. DAVIS 376 BURNT HOUSE ROAD ? v 4 CARLISLE, PA 17013 F I L DATE OF NOTICE: APRIL 3, 2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 F NCIS S. HALL AN, ESQUIRE Attorneys for Plaintiff . PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVENUE Plaintiff, V. SCOTT A. DAVIS LISA M. DAVIS A/K/A LISA M. RODKEY A/K/A LISA M. SNYDER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1290-CIVIL VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant SCOTT A. DAVIS is over 18 years of age and resides at, 376 BURNT HOUSE ROAD, CARLISLE, PA 17013. (c) that defendant LISA M. DAVIS A/K/A LISA M. RODKEY A/K/A LISA M. SNYDER is over 18 years of age, and resides at, 376 BURNT HOUSE ROAD, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ANIEL G. SCHMIEG, E IRE Attorney for Plainti ?- CIV A' , v (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WASHINGTON MUTUAL BANK, F.A. 11200 WEST PARKLAND AVENUE Plaintiff, V. SCOTT A. DAVIS LISA M. DAVIS A/K/A LISA M. RODKEY A/K/A LISA M. SNYDER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1290-CIVIL Defendant(s). 1 p_ DANIEL G. SCHMIEG, ES RE ' Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Notice is given that a Judgment in the above-captioned matter has been entered against you on 200:7. By: If you have any questions concerning this matter, please contact: ' ,ft.. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. No. 07-1290-CIVIL SCOTT A. DAVIS LISA M. DAVIS A/K/A LISA M. RODKEY A/K/A LISA M. SNYDER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Add' l cost Interest from 04/17/07 to SEPTEMBER 5, 2007 (per diem -$12.13) $73,765.19 $ 2,153.50 $1,710.33 and Costs TOTAL $77,629.02 ( L_tz1 j 121,t -y Q / 1, ZA4V1 0 LUk --I DANIEL G. SCHMIEG, ESQUIRU One Penn Center at Suburban Sta o / 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence'of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 150315 W oZ w d w 0 y, '? A A O Od ?, V A <C o ? N v W ?? O d H o ?a W W O U V 55 ?.. v,,, V Y 'J 0 . ? r ~ y Y t _ iJ •'AX ? ry _ ZY • x M O G d? as wW a? UU °A r 0 ? ? a w? o M ` a HH ? o A ? d M M J (/l ci g, i V `stir r ?`` DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a P.K. nail in Township Road T-545, known as Burnt House Road, said point being in the Northwest corner of other lands now or formerly of Sidney J. and Virginia M. Lillie; thence along the lands now or formerly of Lillie, South 37 degrees 11 minutes 21 seconds West 177.60 feet to an iron pin in the line of lands now or formerly of John D. and Darlene S. Tyler; thence along the lands now or formerly of Tyler and continuing along the lands now or formerly of Robert L. and Nancy D. Thompson, North 80 degrees 36 minutes 19 seconds West 413.61 feet to an iron pin in the line of lands now or formerly of Luther A. and Anna Mae Mountz; thence along the lands now or formerly of Mountz, North 00 degrees 5 minutes 50 seconds West 73.72 feet to an iron pin in the line of lands now or formerly of Lillie; thence along the lands now or formerly of Lillie, the following three courses and distances: North 52 degrees 32 minutes 41 seconds East 85.77 feet; North 62 degrees 16 minutes 27 seconds East 95.78 feet; and South 86 degrees 38 minutes 50 seconds East 277.31 feet to a P.K. nail set in Burnt House Road; thence in Burnt House Road South 44 degrees 46 minutes 00 seconds East 73.66 feet to a P.K. nail; thence continuing in Burnt House Road South 50 degrees 32 minutes 20 seconds East 43.99 feet to a P.K. nail, at the place of BEGINNING. CONTAINING a total of 2.0 acres and being Lot No. 2 as shown on the Preliminary Final Subdivision Plan prepared by Stephen G. Fisher, R.S., dated April 9, 1990 and recorded in Cumberland County Plan Book 60, Page 103. UNDER AND SUBJECT, HOWEVER, to the rights of Sidney J. Lillie and Virginia M. Lillie, their successors and assigns, to use a macadam driveway which crosses said lot and is more particularly set forth on the Plan recorded in Plan Book 60, Page 103, for the purpose of ingress, egress and regress to Lot No. 1 as shown on the previously referred to Plan. BEING the same premises which Virginia M. Lillie, widow, by her Deed dated May 25, 1994 and recorded May 25, 1994 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 105, Page 1080, granted and conveyed unto Scott A. Davis, one of the Grantors herein. PARCEL IDENTIFICATION NO: 08-10-0630-001 A Control #: 08000482 Premises: 376 Burnt House Road, Carlisle, PA 17013 Dickinson Township Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Scott A. Davis and Lisa M. Davis, husband and wife, by Deed from Scott A. Davis and Lisa M. Davis, husband and wife, dated 10/18/2002, recorded 10/28/2002, in Deed Book 254, page 1131. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1290 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., Plaintiff (s) From SCOTT A. DAVIS, LISA M. DAVIS A/K/A LISA M. RODKEY A/K/A LISA M. SNYDER (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 gamishee(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 $73,765.19 L.L. $.50 Interest FROM 4/17/07 TO 9/5/07 (PER DIEM - $12.13) - $1,710.33 AND COSTS Atty's Comm % Atty Paid $145.76 Plaintiff Paid Date: APRIL 20, 2007 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Due Prothy $2.00 Other Costs ADD'L COST $2,153.50 ?1ZA1 IA C . Lon on taryBy: Deputy PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. SCOTT A. DAVIS LISA M. DAVIS A/K/A LISA M. RODKEY A/K/A LISA M. SNYDER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1290-CIVIL CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. aujj A-, ANIEL G. SCHMIEG, ESQ ` Attorney for Plaintiff Q ?i c? '_ ? ?,? '? ?', ?. ? x .? d-. -? ???? ?,. ?, ?? ? WASHINGTON MUTUAL BANK, F.A. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS SCOTT A. DAVIS CIVIL DIVISION LISA M. DAVIS A/K/A LISA M. RODKEY A/K/A LISA M. SNYDER NO. 07-1290-CIVIL Defendant(s). . AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WASHINGTON MUTUAL BANK, F.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,376 BURNT HOUSE ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name SCOTT A. DAVIS LISA M. DAVIS A/K/A LISA M. RODKEY A/K/A LISA M. SNYDER Last Known Address (if address cannot be reasonably ascertained, please indicate) 376 BURNT HOUSE ROAD CARLISLE, PA 17013 376 BURNT HOUSE ROAD 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: r Nome U.S. TREASURY DEPARTMENT INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER Last Known Address (if address cannot be reasonably ascertained, please indicate) 1000 LIBERTY AVENUE PITTSBURGH, PA 15222 1000 LIBERTY AVENUE SUITE 1300 PITTSBURGH, PA 15222 THE UNITED STATES OF AMERICA 1164 FEDERAL BUILDING C/O THE UNITED STATES ATTORNEY 228 WALNUT STREET FOR THE MIDDLE DISTRICT OF HARRISBURG, PA 17101 PENNSYLVANIA 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) LARRY L. WATNER 414 EAST OLD YORK ROAD CARLISLE, PA 17013 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY DEPT. OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER Last Known Address (if address cannot be reasonably ascertained, please indicate) 376 BURNT HOUSE ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6TH FL. STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BLDG. HARRISBURG, PA 17105 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 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 uns o r I f?allsification ?to au orities. VUI April 19, 2007 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff ?xh -a m L WASHINGTON MUTUAL BANK, F.A. Plaintiff, V. SCOTT A. DAVIS LISA M. DAVIS A/K/A LISA M. RODKEY A/K/A LISA M. SNYDER Defendant(s). CUMBERLAND COUNTY No. 07-1290-CIVIL April 19, 2007 TO: SCOTT A. DAVIS 376 BURNT HOUSE ROAD CARLISLE, PA 17013 LISA M. DAIVS A/K/A LISA M. RODKEY A/K/A LISA M. SNYDER 376 BURNT HOUSE ROAD CARLISLE, PA 17013 "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 BANKRUPTCYAND 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, 376 BURNT HOUSE ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $73,765.19 obtained by WASHINGTON MUTUAL BANK, F.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. 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) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a P.K. nail in Township Road T-545, known as Burnt House Road, said point being in the Northwest corner of other lands now or formerly of Sidney J. and Virginia M. Lillie; thence along the lands now or formerly of Lillie, South 37 degrees I 1 minutes 21 seconds West 177.60 feet to an iron pin in the line of lands now or formerly of John D. and Darlene S. Tyler; thence along the lands now or formerly of Tyler and continuing along the lands now or formerly of Robert L. and Nancy D. Thompson, North 80 degrees 36 minutes 19 seconds West 413.61 feet to an iron pin in the line of lands now or formerly of Luther A. and Anna Mae Mountz; thence along the lands now or formerly of Mountz, North 00 degrees 5 minutes 50 seconds West 73.72 feet to an iron pin in the line of lands now or formerly of Lillie; thence along the lands now or formerly of Lillie, the following three courses and distances: North 52 degrees 32 minutes 41 seconds East 85.77 feet; North 62 degrees 16 minutes 27 seconds East 95.78 feet; and South 86 degrees 38 minutes 50 seconds East 277.31 feet to a P.K. nail set in Burnt House Road; thence in Burnt House Road South 44 degrees 46 minutes 00 seconds East 73.66 feet to a P.K. nail; thence continuing in Burnt House Road South 50 degrees 32 minutes 20 seconds East 43.99 feet to a P.K. nail, at the place of BEGINNING. CONTAINING a total of 2.0 acres and being Lot No. 2 as shown on the Preliminary Final Subdivision Plan prepared by Stephen G. Fisher, R.S., dated April 9, 1990 and recorded in Cumberland County Plan Book 60, Page 103. UNDER AND SUBJECT, HOWEVER, to the rights of Sidney J. Lillie and Virginia M. Lillie, their successors and assigns, to use a macadam driveway which crosses. said lot and is more particularly set forth on the Plan recorded in Plan Book 60, Page 103, for the purpose of ingress, egress and regress to Lot No. 1 as shown on the previously referred to Plan. BEING the same premises which Virginia M. Lillie, widow, by her Deed dated May 25, 1994 and recorded May 25, 1994 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 105, Page 1080, granted and conveyed unto Scott A. Davis, one of the Grantors herein. PARCEL IDENTIFICATION NO: 08-10-0630-001 A Control #: 08000482 Premises: 376 Burnt House Road, Carlisle, PA 17013 Dickinson Township Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Scott A. Davis and Lisa M. Davis, husband and wife, by Deed from Scott A. Davis and Lisa M. Davis, husband and wife, dated 10/18/2002, recorded 10/28/2002, in Deed Book 254, page 1131. 0 b t+ MOD r 7.i m 0 C o - SHERIFF'S RETURN - REGULAR CASE NO: 2007-01290 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA ETAL VS DAVIS SCOTT A ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DAVIS SCOTT A the DEFENDANT at 1810:00 HOURS, on the 13th day of March , 2007 at 376 BURNT HOUSE ROAD CARLISLE, PA 17013 by handing to LISA DAVIS, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 5.76 ''rte /_ ?'l ?s?.'? ,? •.?4t .00 10.00 R. Thomas Kline 00 33. 03/14/2007 pK? PHELAN HALLINAN SCHMIEG Sworn and Subscibed to 31as,c1 By: before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-01290 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA ETAL VS DAVIS SCOTT A ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DAVIS LISA M AKA LISA M RODKEY AKA LISA M SNYDER the DEFENDANT , at 1810:00 HOURS, on the 13th day of March 2007 at 376 BURNT HOUSE ROAD CARLISLE, PA 17013 LISA DAVIS a true and attested copy of COMPLAINT - MORT FORE by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 :? --?"•''?=+"'`-E'' Surcharge 10.00 R. Thomas Kline a .00 16.00 03/14/2007 p? PHELAN HALLINAN SCHMIEG Sworn and Subscibed to 31?$ By: before me this day 1bfpu1ZyVh(riff of A.D. Washington Mutual Bank, F.A. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Scott A. Davis and Lisa M. Davis Writ No. 2007-1290 Civil Term a/k/a Lisa M. Rodkey a/k/a Lisa M. Snyder William Cline, Deputy Sheriff, who being duly sworn according to law, states that on May 17, 2007 at 1955 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: Scott A. Davis and Lisa M. Davis a/k/a Lisa M. Rodkey a/k/a Lisa M. Snyder, by making known unto Lisa M. Davis a/k/a Lisa M. Rodkey a/k/a Lisa M. Snyder personally, and wife of Scott A. Davis at 376 Burnt House Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Megan Marlow, Deputy Sheriff, who being duly sworn according to law, states that on July 10, 2007 at 1905 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Scott A. Davis and Lisa M. Davis alk/a Lisa M. Rodkey a/k/a Lisa M. Snyder located at 376 Burt House Road, 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 defendant, to wit: Scott A. Davis and Lisa M. Davis a/kla Lisa M. Rodkey a/k/a Lisa M. Snyder, by regular mail to their last known address of 376 Burnt House Road, Carlisle, PA 17013. These letters were mailed under the date of July 2, 2007 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 letter of request from Attorney Daniel Schmieg. Sheriff's Costs: Docketing $30.00 Poundage 217.52 Posting Bills 15.00 Law Library .50 Prothonotary 2.00 Mileage 4.80 Levy 15.00 Surcharge 30.00 Share of Bills 15.69 ? $i?3/a? $ 330.51 1 So Answers: M R. Thomas Kline, Sheriff BYj t-- Real Estate S rgeant a • "? CAL Sq 4 °I l 9 Jq7? 9? f , "WASHINGTON MUTUAL BANK, F.A. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS SCOTT A. DAVIS CIVIL DIVISION LISA M. DAVIS A/K/A LISA M. RODKEY A/K/A LISA M. SNYDER NO. 07-1290-CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WASHINGTON MUTUAL BANK, F.A. , Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 376 BURNT HOUSE ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name SCOTT A. DAVIS LISA M. DAVIS AIK/A LISA M. RODKEY A/K/A LISA M. SNYDER Last Known Address (if address cannot be reasonably ascertained, please indicate) 376 BURNT HOUSE ROAD CARLISLE, PA 17013 376 BURNT HOUSE ROAD 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: Name U.S. TREASURY DEPARTMENT INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER Last Known Address (if address cannot be reasonably ascertained, please indicate) 1000 LIBERTY AVENUE PITTSBURGH, PA 15222 1000 LIBERTY AVENUE SUITE 1300 PITTSBURGH, PA 15222 THE UNITED STATES OF AMERICA 1164 FEDERAL BUILDING C/O THE UNITED STATES ATTORNEY 228 WALNUT STREET FOR THE MIDDLE DISTRICT OF HARRISBURG, PA 17101 PENNSYLVANIA 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) LARRY L. WATNER 414 EAST OLD YORK ROAD CARLISLE, PA 17013 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY DEPT. OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER Last Known Address (if address cannot be reasonably ascertained, please indicate) 376 BURNT HOUSE ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6TH FL. STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BLDG. HARRISBURG, PA 17105 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 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 uns f n falsification to au#horities. April 19, 2007 U UVI LLU &,--TAU[YUAJ DATE DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff 4 ' Ok WASHINGTON MUTUAL BANK, F.A. CUMBERLAND COUNTY Plaintiff, V. No. 07-1290-CIVIL SCOTT A. DAVIS LISA M. DAVIS A/K/A LISA M. RODKEY A/K/A LISA M. SNYDER Defendant(s). April 19, 2007 TO: SCOTT A. DAVIS LISA M. DAIVS A/K/A 376 BURNT HOUSE ROAD LISA M. RODKEY A/K!A CARLISLE, PA 17013 LISA M. SNYDER 376 BURNT HOUSE ROAD CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND 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, 376 BURNT HOUSE ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff s Sale on SEPTEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $73,765.19 obtained by WASHINGTON MUTUAL BANK, F.A. (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 Sheriff s Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. r ` `rl 3. 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) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 *' "14k DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a P.K. nail in Township Road T-545, known as Burnt House Road, said point being in the Northwest corner of other lands now or formerly of Sidney J. and Virginia M. Lillie; thence along the lands now or formerly of Lillie, South 37 degrees 11 minutes 21 seconds West 177.60 feet to an iron pin in the line of lands now or formerly of John D. and Darlene S. Tyler; thence along the lands now or formerly of Tyler and continuing along the lands now or formerly of Robert L. and Nancy D. Thompson, North 80 degrees 36 minutes 19 seconds West 413.61 feet to an iron pin in the line of lands now or formerly of Luther A. and Anna Mae Mountz; thence along the lands now or formerly of Mountz, North 00 degrees 5 minutes 50 seconds West 73.72 feet to an iron pin in the line of lands now or formerly of Lillie; thence along the lands now or formerly of Lillie, the following three courses and distances: North 52 degrees 32 minutes 41 seconds East 85.77 feet; North 62 degrees 16 minutes 27 seconds East 95.78 feet; and South 86 degrees 38 minutes 50 seconds East 277.31 feet to a P.K. nail set in Burnt House Road; thence in Burnt House Road South 44 degrees 46 minutes 00 seconds East 73.66 feet to a P.K. nail; thence continuing in Burnt House Road South 50 degrees 32 minutes 20 seconds East 43.99 feet to a P.K. nail, at the place of BEGINNING. CONTAINING a total of 2.0 acres and being Lot No. 2 as shown on the Preliminary Final Subdivision Plan prepared by Stephen G. Fisher, R.S., dated April 9, 1990 and recorded in Cumberland County Plan Book 60, Page 103. UNDER AND SUBJECT, HOWEVER, to the rights of Sidney J. Lillie and Virginia M. Lillie, their successors and assigns, to use a macadam driveway which crosses said lot and is more particularly set forth on the Plan recorded in Plan Book 60, Page 103, for the purpose of ingress, egress and regress to Lot No. 1 as shown on the previously referred to Plan. BEING the same premises which Virginia M. Lillie, widow, by her Deed dated May 25, 1994 and recorded May 25, 1994 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 105, Page 1080, granted and conveyed unto Scott A. Davis, one of the Grantors herein. PARCEL IDENTIFICATION NO: 08-10-0630-OOIA Control #: 08000482 Premises: 376 Burnt House Road, Carlisle, PA 17013 Dickinson Township Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Scott A. Davis and Lisa M. Davis, husband and wife, by Deed from Scott A. Davis and Lisa M. Davis, husband and wife, dated 10/18/2002, recorded 10/28/2002, in Deed Book 254, page 1131. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1290 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., Plaintiff (s) From SCOTT A. DAVIS, LISA M. DAVIS A/K/A LISA M. RODKEY A/K/A LISA M. SNYDER (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 $73,765.19 L.L. $.50 Interest FROM 4/17/07 TO 9/5/07 (PER DIEM - $12.13) - $1,710.33 AND COSTS Atty's Comm % Atty Paid $145.76 Plaintiff Paid Date: APRIL 20, 2007 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs ADD'L COST $2,153.50 C s R. Long, Pro ry By: Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 18 On April 26, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA Known and numbered as 376 Burnt House Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: April 26, 2007 By: , Real Estate ergeant 30 :b V a? do"llv U'UZ r - • PHELA,N HALLINAN & SCHMIEG, LLP BY. FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 L215) 563-7000 Washington Mutual Bank, F.A. Plaintiff Scott A. Davis vs. Lisa M. Davis, a/k/a Lisa M. Rodkey, A/k/a Lisa M. Snyder, et al. Defendant(s) TO THE PROTHONOTARY: PRAECIPE ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 07-1290 CIVIL TERM Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. --------Please mark Judgments satisfied and the Action settled, discontinued and ended. _X -Please Vacate the judgment entered and mark the action discontinued ended without prejudice. and -Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: ?:_; 'Z V7 Francis S. Ha inan, Esquire Attorney for Plaintiff PHS# 150315 ZJ -Icz CO, _.s l .