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HomeMy WebLinkAbout03-3086 FEDERMAN 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 ATIORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 COURT OF COMMON PLEAS CNIL DNISION Plaintiff TERM NO. 0"3 - .goPb G.uiC:"-/~~ CUMBERLAND COUNTY v. MICHAEL J. POWEL Y 764 WERZVILLE ROAD ENOLA, P A 17025 CYNTHIA K. POWEL Y 764 WERZVILLE ROAD ENOLA, P A 17025 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 File #: 76227 File #: 76227 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TffiS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IS 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 V ALlD. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAlL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 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, INC 601 5TH AVENUE SCOITSBLUFF, NE 69361 2, The name(s) and last known address(es) of the Defendant(s) are: MICHAEL ], POWEL Y 764 WERZVILLE ROAD ENOLA, P A 17025 CYNTHIA K. POWEL Y 764 WERZVILLE ROAD ENOLA, P A 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/28/1995 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NORWEST MORTGAGE, INe. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No, 1247, Page 263, By Assignment of Mortgage recorded 12/27/00 the mortgage was assigned to LEHMAN BROTHERS HOLDINGS, INe. which Assignment is recorded in Assignment of Mortgage Book No. 663, Page 139, PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4, The premises subject to said mortgage is described as attached, 5, The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 76227 6, The following amounts are due on the mortgage: Principal Balance Interest 02/01/2003 through 06/26/2003 (Per Diem $17.21) Attorney's Fees Cumulative Late Charges 12/28/1995 to 06/26/2003 Cost of Suit and Title Search Subtotal $72,868.27 2,512.66 1,250.00 93.92 $ 550.00 $ 77,274.85 Escrow Credit Deficit Subtotal TOTAL ,250.85 0.00 $- 250.85 $ 77,024.00 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9, This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 77,024.00, together with interest from 06/26/2003 at the rate of$17.21 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, 771' // / /' '5~ By: IsZ~all~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff File #; 76227 Al.L THAT CERTAIN tract or parcel of land, situate in the Township of East Pt!:nnsboro" County 0'" Cumber' and.. and State 0" pennsyl van; a 1 marc J"~rti cul ar1y bc'unded and descri bed. as 1'011 O\.s: BEGINNING at a point in the center of the State Highway known as the Wertzvi11e Re'ad, said point being 971 feet measured eastwardly from the intersection of Mllgaro Road and Wertzville Roed along the cent..r of th.. said State Highway; tllenc.. North 86 degrees 53 minutes East along the center 01' said State Highway. a d'stance of 100 feet to a point; thence along lands formerly Of Maynard L. Sheaffer, South 3 degrees 10 minutes East, a distance 01' 285.59 feet to a paint; thence Snuth 72 degrees 49 minutes West, a distance of 103.07 feat to land of John C. Tllylor and Thelma G. Taylor, his wife; thenc.. along said Taylor land, North 3 dllgrees 10 minutes West, a distance of 310.58 t'eet to a pOint in the center of said State Highway, the place of BEGINNING. H.WING THEREON ERECTED a one story brick d>lel1ing house known a. No. 764 ~Jertzville R,)ad, Enola, Pennsylvania, being the same as ,ul'"v..yed by D. P. rlaffensperger, R'!gi stered Surveyol". on April il, 1962. B~ING THE SAME PREMISES W~IlCH Richard S. Mbert. sing1eman. by his Deed dated O:tober 18, 197Z and recorded October 19, 197Z in the Offi ce of the Recorder of D:eds in and for Cumberland County, in Deed Book W, Volume 24. Pag~ 169, granted a~d conveyed unto John H. Powley, Jr. and Mary L. Po,.ley, his wife. AND THE SAID Mary L. Powley diad on September 19, 1981 whereby title vested soley into JOhn H. P~wley, J~. by right of sUl"vivol"ship. ~REMISES BEING: 764 WERZVILLE ROAD. VERIFICATION Richard T. Martin hereby states that he is SENIOR VICE PRESIDENT of AURORA LOAN SERVICES mortgage servicing agent for Plaintiff in this matter, that he 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 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. ~~ Richard T. Martin Sf. Vice President DATE: (j-2Jl()~5 70 (:) ~ #. l lJ) .~ ~ ~ 01 0 c: E () C (..) s: & <.c ""Cli -- aU rn(;~ r-- Z:-i ZC '--) --..J 0- w':' , ~< - r--- ~e:~. l: )>- --r: zt~_-', $CJ c ;-"..., --' ~ ~ => :;:,: "'--, -< (;;J ", -< FEDE~AN AND PHELAN, L.L.P. BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 Suite 1400, One Penn Center at Suburban Station 1617 John F. Kennedy Blvd. Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTONIC REGISTRATION SYSTEMS, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 03-3086 C.T. Plaintiff Vs. MICHAELJ. POWELY CYNTHIA K. POWEL Y Defendant( s) STlGGF,STTON OF RFrORn rH A NGF, RF' P A RAGR A PH #"l OF THF. rOMPT . A TNT TN MORTGAGF, FORF,('J .OSTJRF, TO THF PROTHONOTARY: FRANK FEDERMAN, ESQUIRE, attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief that the information in paragraph #3 ofthe Complaint in Mortgage Foreclosure is: On 12/28/95 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NORWEST MORTGAGE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1247, Page 263. By Assignment of Mortgage recorded 12/27/00 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 663, page 139. Kindly change the information on the docket. Date: July 18, 2003 ~-,- S~I ?tJ. Frank Federman, Esquire Attorney for Plaintiff a 0 ~ c <..:> 3: '- :J" ~~ c: r- :''':1~ t)iS N ~? 0:> :.n . ('-"1 , ~C: =,'1' '< -0 J::-ri ~(.:; :x ~~(i :i>C c- om c: .. =j;! z :;? r'-' ::e SHERIFF'S RETURN - REGULAR CASE NO: 2003-03086 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS POWELY MICHAEL J ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon POWELY MICHAEL J , at 1950:00 HOURS, on the 9th day of July DEFENDANT at 764 WERZVILLE ROAD ENOLA, PA 17025 MICHAEL J POWELY by handing to a true and attested copy of COMPLAINT - MORT FORE the , 2003 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.28 .00 10.00 .00 36.28 Sworn and Subscribed to before me this /& ~- day of ~_rro-3 A.D. _ Q '""'JnAI/,.:> ~/;;Z:; rothonotary , T J So Answers: r~~-"'<~ R. Thomas Kline 07/10/2003 FEDERMAN & PHELAN BY~+6J~~A '-/-\)~puty-sherlff SHERIFF'S RETURN - REGULAR CASE NO: 2003-03086 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS POWELY MICHAEL J ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon POWELY CYNTHIA K the DEFENDANT , at 2013:00 HOURS, on the 9th day of July , 2003 at 41 NORTH ENOLA DRIVE 2ND FLOOR ENOLA, PA 17025 by handing to CYNTHIA POWELY 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: 6.00 8.28 .00 10.00 .00 24.28 ?'J~" ./"~4 ~ _ ,'''''"r ,(,;.' ',,~ ~?-;:l""'-'".e.;;..~...;.... ...;/ _~.:C.~,,<,'~-R R. Thomas Kline 07/10/2003 FEDERMAN & PHELAN Sworn and Subscribed to before BY~ 1- ffi . ~U- \3;, 0..1 Deputy Sheriff "" me this J(. ~ day of ~:;'1Jf;3 A.D. ,_ ()~ ~ip1.V A Id I rothonotary '~r~ FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SillTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR LEHMAN BROTHERS HOLDING, INC. P.O. BOX 2026 FLINT, MI 48501 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 03-3086 CIVIL TERM v. MICHAEL J. POWEL Y CYNTIDA K. POWELY Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against MICHAEL J. POWEL Y and CYNTHIA K. POWELY, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 6/26/03 to 8/19/03 TOTAL $77,024.00 $946.55 $77,970.55 I hereby certify that (I) 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. }~}~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~ DATE: putt. J./ 'J..O^.~ (J,--LA.i~~ K . I PRO PROTHY ~ FEDERMAN AND PHELAN, LLP 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 (711) i1i1-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECIRONlC REGISTRATION SYSTEMS, INC. : COURT OF COMMON PLEAS Plaintiff : CML DIVISION Vs. : CUMBERLAND COUNTY MICHAEL J. POWEL Y CYN1H1A K. POWEL Y Defendants : NO. 03-3086 CIVIL TERM DATE OF NOTICE: .nTT.Y 30,2003 -w, - r- r'"P'1 C""::) c::" ""'0 -< TO: MICHAEL J. POWEL Y 764 WERZVlLLE ROAD ENOLA, PA 17025 THIS FIRM IS A DEBT COLLECfOR ATTEMPTING TO COLLECf A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECf THE INDEBTEDNESS REFERRED TO HEREIN, ,\ND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRuPTCY, THIS CORRESPONDH(E IS 'Jf)!' AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECf A DEBT. l\liI ()~.LY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORT ANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file ill v\liting with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days Ji om the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other illl::'lOrlal1t lights You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or khr bo"e Il>e ((,Hawing office to fmd out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNIY BAR ASSOCIA nON 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 r U1..(\\. VI Yc . ~i.!tU-l.r:ln[I/Yl FRANK FEDERMAN, ESQl HRE LA WRENCE T. PHI;[ \~" !:.',{)I'IRE FRANCIS S HALLIN,,!,;, ESt)lllRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP 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 (71 ';) ';61-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECfRONIC REGISTRATION SYSTEMS, INe. : COURT OF COMMON PLEAS Plaintiff : CIVIL DMSION Vs. : CUMBERLAND COUNTY MICHAEL J. POWEL Y CYNTHIA K. POWEL Y Defendants : NO. 03-3086 CIVIL TERM TO: CYNTHIA K. POWEL Y 764 WERZVILLE ROAD ENOLA, PA 17025 DATE OF NOTICE: .JT 1T ,v 30,2003 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. IMPORT ANT NOTWF, You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your properly 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 fmd out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 /(t FLfl /i 1 J (' Y UJ1'<-l i j\/11LI./1) FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for PlaintitT FEDERMAN AND PHELAN, LLP 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 (7.1 'i) 'i1i~-7000 ATTORNEY FORPLAINTWF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY MICHAEL J. POWEL Y CYNTHlA K. POWEL Y Defendants : NO. 03-3086 CIVIL TERM TO: MICHAELJ.POWELY 41 N. ENOLA DRIVE ENOLA, PA 17025 DATE OF NOTICE: ,nTT.Y ~/l. 2/l/l~ 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 HFREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE!} '>:'aU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDFNCF IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEB'I, HUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTff';E You are in default because you have failed to enter a written appearance personally or by attorney and r", :n W1 !ling with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days I:,," the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other i",pnrl,mt 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 tck, "..,<: the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 f lf1.O..01J(. OWLlLW.OJYl FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHrr. \'J. ESQUIRE FRANCIS S. HALLlj\\N, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP 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 (7.1 'i) 'i61-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS Plaintiff : CNIL DNISION Vs. : CUMBERLAND COUNTY MICHAEL J. POWEL Y CYNTHIA K. POWEL Y Defendants : NO. 03-3086 CNIL TERM TO: CYNTHIA K. POWELY 41 N. ENOLA DRIVE ENOLA, PA 17025 DATE OF NOTICE: .IHI.Y 30, 2003 TillS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TQ 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 RECENED 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 NOneI': You are in default because you have failed to enter a written appearance personally or by attorney and fIle in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to fmd out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 r \J\NYU? ~ )(111 0 J1!YYl.{1 fY) FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR " CASE NO: 2003-03086 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS POWELY MICHAEL J ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon POWELY MICHAEL J the DEFENDANT , at 1950:00 HOURS, on the 9th day of July , 2003 at 764 WERZVILLE ROAD ENOLA, PA 17025 by handing to MICHAEL J POWELY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8.28 .00 10.00 .00 36.28 r~~~ R. Thomas Kline day of 07/10/2003 FEDERMAN & PHELAN BY~~JA ~-\)~putiSheriff Sworn and Subscribed to before me this A.D. Prothonotary SHERIFF'S RETURN - REGULAR . CASE NO: 2003-03086 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS POWELY MICHAEL J ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon POWELY CYNTHIA K the DEFENDANT , at 2013:00 HOURS, on the 9th day of July 2003 at 41 NORTH ENOLA DRIVE 2ND FLOOR ENOLA, PA 17025 by handing to CYNTHIA POWELY 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: 6.00 8.28 .00 10.00 .00 24.28 :Q#' - ~. .,' ~. ~-- >--,..... . r ,.,<';,-;:e;.-.7" .' "'--^""-""~ R. Thomas Kline 07/10/2003 FEDERMAN & PHELAN me this day of BY~ 1- ffi . ~-+- \3;, 0/1 Deputy Sheriff Sworn and Subscribed to before A.D. Prothonotary FEDE~ANandPHELAN,LLP By: FRANK FEDE~AN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR LEHMAN BROTHERS HOLDING, INC. P.O. BOX 2026 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 03-3086 CIVIL TERM v. MICHAEL J. POWELY CYNTIDA K. POWEL Y Defendant(s). VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, 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 MICHAEL J. POWELY is over 18 years of age and resides at, 764 WERZVILLE ROAD, ENOLA, P A 17025 . (c) that defendant CYNTHIA K. POWEL Y is over 18 years of age, and resides at , 41 N. ENOLA DRIVE, ENOLA, P A 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 3JlA"'p' jed8AmM/ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract Dr parcel of 130M. $illlat~ in lbe Township of East pcnnsboro, County of CU1lIberland and State of PCllnsylvania. more particolarly bounded and described as foUows: BEGINNING at a poim ill the center of the State lIighway known \Ill WertzvUle Road, !laid point being 971 feet lneasured ca.'ltWardl)' from the intersection of Magaro Road and WertzviUe Road 1IIong the center of the said Stale Highway; thence North 86 degrCC$ 53 mlnuteli Ea.~t along the center line of said State Highway. a dilllnnte of 100 feet to a point; thence along lands fonnerly of Maynanf L. Sheaffer South 3 degrees, 10 miuule$ East, a distance: of 285.59 feet to a point; thelK:e SoI1tb 12 degrees 49 minutes West. a disllUlCe of 103.07 feet to land of John C. Taylor and Thelma G. Taylor. his wife; thence a10Dg SlIid Taylor land, North 3 degrees 10 minUlcs West, a dislllnce of 310.58 feet to a point in the center of said State IIighway, the p1aCe: of bcgiDlling. HA VINCi thcrl:on erec.ted a one story brick dwel1iDg house known a~ No. 764 Wertzville Rood, Boola, Pemlsylvania. being llle :IlllIle lIS sUTVeyed by D.P. Ilaffensperger, Registered Surveyor, on Apri14, \%2. Ta:< Parcel #09-14-0035-074 'llTLE TO SAID PREMISES IS VESTED IN -Michael J. Powley and Cynthia K. Powley, bi$ wife by Deed nom Micbaell. Powley. Executor of the Estate of John H. Powley, Ir.. decc\IIlcd and Michael J, Powley and ROIul!d W. Powley, illdividuaI!.y dated 12128/1994 and recorded 1I31l995 in Deed nook 116, Pa&e 1173, C AJ (":) "'9. ~-1l't ~ F - '" B ~ ~ ~ ~ .... .0 ~ "b r~ t --L... ... ) c' ., ---- f-,') ,-,' PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR LEHMAN BROTHERS HOLDING, INC. Plaintiff, No. 03-3086 CIVIL TERM v. MICHAEL J. POWELY CYNTHIA K. POWEL Y . Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due. $77 ,970.55 Interest from 8/19/03 to DECEMBER 10, 2003 (per diem -$12.82) $1,448.66 and Costs TOTAL $79,419.21 ].~ Je.ebA11M1 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. ;:">J ~:'::~~ ~ ~j ~ ~ :: : o I I I ()~e..oC() " vi <ici'1~~ t1 ..... ....t :)- ~ 0-- 'l <"t 't)). ~ ~ VJ ~ 0~ 111 V) ~ ~ ~ t'( _ r3~ ~ 0- t"') - ..':l" C ~--I <> J () L" -....:. . ~br , I I .-.~ 1 .~ o 'I ~ 3 J ~ ~ -.J Jj ~ '" .... = r--", ........ -<= =-~ "-< -<=- r...:$ ...l Z o " o~ "-l~ 0 zj .... r;.;!0 "-l> -<r;.;! E-< "z -<...l uJ= ~ ~r;.;! -d r;.;!... U ...l"-l ....zE-< ...... ~'E' o " 0) =-z z....~ ...l...l i:::1 ~~ i': 0) Zz o . ~~ r;.;! = .~ r;.;!~ "' - Or;.;! ~ "-l == . '" " 0) E-<~~U r... Q .~ ...l~ .D ~=- 00 o<l oj ==-< ur;.;! Z p: >. ~ " ... oj o~ r;.;!E-< .... =-=- E-< ... .... >...l a "-l . ~ ..;~ ~~ <S ~o ...l...=C "' UZ r;.;!"-lr;.;!~ ~ ~$ ~~ >. r;.;!Z .... r...~ 0) 0) 00 tsZ...l~ ~g\, a ~~ g. E-<U -<O~...l 01:: 0 ....z 0- =E-< ~ 0) ~~ cE::oO :::~ r... Q Ie .... .... E-<~r...= r;.;!e r-- .... 0) ~~ ~u ~ 8gj ~E-<r:J =- .... "' O"-lZ U "' 0) r;.;!r;.;! ~........ ~ -d -tl i5~ c~ 0) "0 r:2~ - -< .~ =- r.o. z~ ....u LEGAL DESCRIPTION ALL THAT CERTAIN tract or pan:eI of land. sitUatlot in Ibe Township of East Pennsboro, County of Cl.I1lIberland and State of Pcl1nsylvania, motc pllfticnlarly bounded and described as follows: BF-GINNINO al a point ill [00 center of tile State lIighWllY known as Wem:vWe Road, said point being 971 feet me.asumt c8.'!tWardly from the intersection of Magaro Road aIId Wert7.Ville Road along the center of the said Stale Highway; thence North 86 degrees 53 mlllUtes Ea.,[ along the center line of said State Higbway. a diitanl:e of 100 feet to a paim; thence along lands fonnerly of MaynllJd L. Sheaffer &luth 3 degrees, 10 minutes &st. a dislllncc of 285.59 feet to a point; thence SoIUb n degrees 49 minutes West, a dislallCt of 103.07 feet to land of John C. Taylor and Thelma G. Taylor, his wife; thence aloug said Taylor land, North 3 degrees 10 minutes West, a dislllllce of 310.58 feet to a point in the Center of saki State Ilighway, the plal:e of begim1ing. HA VlNG thereon erected a one story brick dwclliDg house known lt~ No. 764 Wctt:z;ville Road, Boola, Pc;tmsylvania. beiug the illUDe as sUT'Ill)'cd by D.P. Raffen.<ipe1'get', Registered Surveyor, on Apri14. 1962. Tax Parcel #09-14-0835-tl74 '11TLE 10 SAm PRF.MISfiS IS VESTED IN Michael J. Powley and Cynthia K. Powley, I1is wife by Deed from MichaelS. Powley, Executor of the Estate of John H. Powley, Jr., deceased and Michael J. Powley and ROlUl!d W, Powiey, individually dated 12128(1994 and recorded 113/1995 in Deed IJook 116, Page 1173, FEDE~ANandPHELAN,LLP By: FRANK FEDE~AN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SUITE 1400 PHILADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR LEHMAN BROTHERS HOLDING, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 03-3086 CIVIL TERM MICHAEL J. POWELY CYNTIDA K. POWELY Defendant(s). CERTIFICATION FRANK FEDERMAN, 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: . (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. ).IlA.A\R ] ~W1 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe., AS NOMINEE FOR LEHMAN BROTHERS HOLDING, INe. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION MICHAEL J. POWEL Y CYNTffiA K. POWELY NO. 03-3086 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR LEHMAN BROTHERS HOLDING, 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 ,764 WERZVILLE ROAD, ENOLA, PA 17025. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHAEL J. POWEL Y 764 WERZVILLE ROAD ENOLA, P A 17025 CYNTHIA K. POWEL Y 41 N. ENOLA DRIVE ENOLA, PA 17025 2. Name and address ofDefendant(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 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) EAST PENNSBORO TOWNSHIP 98 S. ENOLA DRIVE ENOLA, PA 17025 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 764 WERZVILLE ROAD ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 19. 2003 DATE "3JLMt.k :] edM-Am FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR LEHMAN BROTHERS HOLDING, INe. Plaintiff, CUMBERLAND COUNTY No. 03-3086 CIVIL TERM v. MICHAEL J. POWELY CYNTIDA K. POWEL Y Defendant(s). August 19, 2003 TO: MICHAEL J. POWEL Y 764 WERZVILLE ROAD ENOLA, PA 17025 CYNTHIAK. POWELY 41 N. ENOLA DRIVE ENOLA, PA 17025 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND 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, 764 WERZVILLE ROAD, ENOLA, PA 17025, is scheduled to be sold at the Sheriff's Sale on DECEMBER 10, 2003 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $77,970.55 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR LEHMAN BROTHERS HOLDING, 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 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, c9sts 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. Ifthe Sheriff's 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 ifthe 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 ofthe 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, P A 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT G'ERTAIN tract or parcel of lallCl, situate in tbe 'rowllsbip of East PClUlSOOTO, County of CUIIlherland and ....'tat.e of PC.l1llSylvania, ll10re pmicularly bounded and described a~ follows: BEalN/lTING al a point ill till! center of the State Highway knDWllll8 Wemville ROIld, said poiot being 971 feel mea~ured ca....wardly from the intersection of Magalo Ruad. and We!t1,Ville Road along the ccuter of Ihe said Stale Highway; thence Nortlr 86 degrees '3 minute:! Ea..t alOllg the CeuteT line of said State Higbway. II dilltlmce of 100 feel to a lXlim; thence along lands Connecly of Maynard L. Sheaffer South 3 degrees, 10 minutes Eut. II dislalJce of 285.59 feet to a point; thence South 72 degre.:s 49 millutc:.s West, a di$talICe of 103.07 feet to land of John C. Taylm and Thelma G. Taylor, his wife; lbe1lCe alODg said Taylor land, North 3 degrees 10 minutl:$ West, a discance of 310.58 feet to II point in the cemer of said State lIighway, the place of bcgim1ing. HA VlNG tbeteQl\ ~eet.ed a onc story brick dwelling house known a. No.7M Wcrttville Road, Enola, Pennsylvania. being tl\c same lIll surveyed by D.P. Raffensperger, Rtgi~t.ercd Surveyor. on April 4, 1962. Tax Parcel #09-14-0835-074 Tn'LE TO SAm PRF:M1SF_" rs Vij$}ED rN Michael J. Powley and Cynthia K. Pcwlcy.. his wife by. Deed from Michael J. "owlc;)'. Executor of the Estale of John H. Powley, Jr., 4eccascd aIld M1C;hll.cl J, Powley and Ronald W. Powley, individually dated 1212811994 anti recorded 1I311995 in Deed !look 116, Page H73, WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 03-3086 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR LEHMAN BROTHERS HOLDING, INC., Plaintiff (s) From MICHAEL J. POWELY AND CYNTHIA K. POWEL Y (I) 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) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, yon are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $77,970.55 L.L. $.50 Interest FROM 8/19/03 TO 12/10/03 (PER DIEM - $12.82) - $1,448.66 AND COSTS Atty's Cornm % Due Prothy $1.00 Atty Paid $142.56 Other Costs Plaintiff Paid Date: AUGUST 21, 2003 CURTIS R. LONG (Seal) Prothonot~ ~Lth~I_P_7?~y~ Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQmRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SmTE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No. 12248 AFFlDA VIT OF SERVICE CUMBERLAND COUNTY KMD PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR LEHMAN BROTHERS HOLDING, INC. No, 03-3086 CIVIL TERM ACCT. #0021242060 DEFENDANT(S) MICHAEL J. POWEL Y CYNTHIA K. POWELY Type of Action - Notice of Sheriff's Sale SERVE MICHAELJ. POWELY AT 764 WERZVILLE ROAD ENOLA, P A 17025 Salle Date: DECEMBER 10, 2003 SERVED Served and made known to MICHAEL ::r f>owf:L'( , Defendant, on the S+k dayof5<ftc...\1J.V,200~ at ""'<to .o'clockf.m,at ib-t vJut-~oJl\k ~l '(.\'10\0\ FA 11025" ,Commonwealth of Pennsylvania, in the manner described below: X. 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 oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 2.2. HeightQ Weight \~5' Race~S"x MOther I, C. H i. (S J P'~ rTA5 a competent adul~ being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice erifrs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. NolariaI Seal Uooda J. Jumper, Notal)' Public Sworn to and su~ed Mt~::: CIrnbelland County ~.....~ .., - ~ ._,..""", of::c,,,," . ,2003 ' Of~ Notary: . 5)~ By: -"> ' PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. IN ATE DATES & TIMES OF SERVICE ATTEMPTEDJ NOT SERVED On the day of ,200_, at Moved Unknown No Answer 1 st Attempt: 1 1 Time: 3rd Attempt: 1 1 Time: o'clock_.m., Defendant NOT FOUND because: Vacant 2nd Attempt:_ 1 1 Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - J.D. No. 12248 0 c, C'j ~ (....) -n -:::l -aU) ~.) fTlfT:: .--i Z~l ZC C:, ~.-:::', Cc. ~C --.. j>U ~:;' -~ C ---I ~ ?o '0 -< AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMUNEE FOR LEHMAN BROTHERS HOLDING,INC. CUMBERLAND COUNTY KMD No. 03-3086 CIVIL TERM AGCT. #0021242060 DEFENDANT(S) MICHAELJ.POWELY CYNTIDA K. POWEL Y Type of Action - Notice of Sheriff's Sale SERVECYNTHlAK.POWELY AT 764 WERZVILLE ROAD ENOLA, PA 17025 Sllle Date: DECEMBER 10, 2003 SERVED Served and made known to G"fN'THIA r::: PO~~L'I,Defendant,onthe ~ daYOf$'f~200~ at ("'f<I.o'clock-{?m,at I<"'-\- t-hrh:.~Uc..1(J €Vl-ol~ fA '\"1.0'2..5 ,Commonwealth of Pennsylvania, in the manner described below: . Defendant personally served. I. I. . \ .. A , X Adult family member with whom Defendant(s) reside(s). Relationship is I'\-'~ l1eV\d IV"'~ Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place ofbusiness. an officer of said Defendant(s)'s company. Other: Description: Age 33- Height ~ Weight l '05" Race ~ Sex MOther I, Clt It I ") J: P/2.E.CTA-S, a competent adult, being duly sworn accord' to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs S . et orth here ., issued in the captioned case on the date and at the address indicated above. . ....... J J""per, N<X8<I' PuL>li( ..--' QrntJeIIand Cou"'~ Sworn to and subscribed C81'IiI\8~~E><JliIII&JuI\I23,2006 I before me 's~3~' ff~ .- of , 2002h." _,,~ Notary: J--r"~ By: ---- PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. IN CATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the __ day of ,200_, at o'clock _.m, Defendant NOT FOUND because: Moveu Unknown No Answer Vacant 1" Attempt: 1 1 Time: 2nd Attempt:_ 1 1 Time: 3rd Attempt: 1 1 Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - J.D. No. 12248 o c s:: -On:! ~~}! W? ~c Pc, zn >c ~ , "" .. c W ::::> ,--; '-i () 'n {=' ~9 .}~f. , -=--=::l .r,;.. :J;J -< <0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MORTGAGE ELECTRONIC ) CNIL ACTION REGISTRATION SYSTEMS, INC., AS ) NOMINEE FOR LEHMAN BROTHERS HOLDING, INC. vs. ) CIVIL DIVISION ) NO. 03-3086 CNIL TERM MICHAEL J. POWEL Y CYNTHIA K. POWEL Y AFF1lDA VIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR LEHMAN BROTHERS HOLDING, INC. h.ereby verify that on AUl!ust 26, 2003 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 "An attached hereto. DATE: November 6,2003 ~t ~1-MQJJYI{1f) FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff I - ~d ! ~ to - ;;: - - I~ ~. ~ '" W - '" - 0 00 t'"' ~ 3 -..l '" '" ... w S' 2.:< '" - "," " ~ s, W , > !1 ~ ,;- CD z c 3 CI' ".., S!:: .. ~ 0 ~ 2.E 1'5 ~ (j S!:: ~ z ~ (j 0 ~= S; I ~ ,,~ '" - ~ ~ ., (j i <1" tr1 ~ . 0 t'"' .... ~ S!:: tr1 !!, -- ~ ~ o~ ;-< ~ '" H t'"' ., .. .... .. 0 ;:-: ;-< 8 1'5 ii '" j :E to .... .... ~ tr1 ~ ~ ~ ~ on ~ t; ~ i tr1 tr1 r d ,~ ,~ :I: . 0 il. ~ ... ~ , .." Z ~ ~ . - -..l .... '" Ii fil' -- .. -, -.-- ,~ ;z: ~ ~ 0 ~ f~ :E :E .." ~ ~ tr1 ~ ~ ~ -~ ~ .. ~ 0 .. !l' 00 :; ;:S ~ ~ " '" to ... ~ t'"' tr1 ~ 0 t'"' t'"' ffi ~ i ~ tr1 t'"' 0 0 el tr1 > j - :; el S i!' > 0 . 0 ~ ,0 ,E; tr1 <' ; (j ... ~. ~ ~ tr1 .~ .tr1 5= Z 5= 0 ~Uift ~ ~ 5= 0 - ~tH~ - .... .... w 5= -..l > > 0 z ~ il . . it S - .." 0 i.~.~~ ;; '" -..l - :E ~ 0 -..l ~ '" s ~ s .....g. ~ '" tr1 l>.l 3 9., 0 g' - '" t'"' ... _. bi'l'" 0 -..l ,~ s; 6'pO- S ::, . ~ ~ '" Z L~~ii S"~ _ w' 0 g'"21 a:j .... < il 'li ~ .. 0 ;g 9.,2: ~~. to o . ~ .. ~ '" ~ ~. B ~ .i '" '!l~~U '" -..l 1!' il - .'" "I' '" g. I ~ ~. 1 s Ii - ~ i!.P" . il!l ~ ~ '" '" to j;; '=:~'gg' ,~ h~" .... :.--:; ~ > ,'r\~J:':s'l4 Q~ _ '7';,<' ,., "'-.C-"'--, .,=="'! ,';:iL'"',ern.'r.:':n' Z ' ';:l -"";o"f ~"-'~"'-!:"C".""" ,"H.l ,. ll"'N. ' >~ ~: $ 01.800 - '-.-c:"' ~r.~' 0>2 ...,c... ",c.= g ~ tD c."''' .. on = ... c. ....-0.." e:~:rtr1 iii-....Jt1lO g..~loCtr:l -g:~g~ _. (') 1" ;r1 g ~i!~ \,00-0 o~r:.n'"t' W_5-= '~ctr1 ~e.~t""" -1>>"5> .,,~ ",.Z llc..S't"'"l . ::to t- '-cng~ l-3 S. It - -I>> 8 - f .. 0 a C) c: (.,,j " s: - .....- ""'OG C) 1] g;w ....;.: 1-.' '::'1.' 1:-:'1 z;;- Cl 1'.:'-::: UJ",,: ) ,l.... ~l" /\.._-' """"C,i ,"TI - - .) ::J ~C'J ::l: -A) Z('l ,~-- rn $-C_ 't? '.::J -~ 2.~ ~ :;! co In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-3086 Civil Term Mortgage Electronic Registration Systems, Inc., as Nominee for Lehman Brothers Holding, Inc. VS Michael J. Powely and Cynthia K. Powely R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriffs Costs: Docketing Poundage Posting Handbills Advertising Mileage Levy Surcharge Law Library Prothonotary Law Journal Patriot News Share of Bills 30.00 13.21 15.00 15.00 20.01 15.00 30.00 .50 1.00 279.35 225.85 28.90 $ 673.82 paid by attorney 12/17/03 Sworn and subscribed to before me ~~~ This ,3 i"v- day of MCt'--"-,.JuoJ / . _ R. Thomas Kline, Sheriff 2003, A.D'<--/1t.-<- () 7hd{",.~, #' J, I BY ()du.klL1 Prothonotary Real BJate Deputy . 1,''0 ell. 'I j J 9 I' ., i(,,,--, /'i5'i5'l THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Ad. 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 Ass!. 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..Il1lL 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 reguiar daily andlor Sundayl Metro editions which appeared on the 28th day(s) of October and the 4th and 11th day(s) of November 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 personai 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 subsequentiy duly recorded in the office for the Recording of Deeds in and tor said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy SALE#34 Sworn to a d ubscribed befof>>e , 19th daY.0~ve 2003 A.D. Notarial Seal II' / t?~ T eny L. Russell, Notary Public 1.5 /f /' City Of HanisbUrg, Dauphin County ,$ ~---t{ My Commission Expires June 6,2006 NOT Y PUBLIC Member, Pennsylvania AssOcia\iOO Of NolariesMy commission expires June 6, 2006 . , 'w' CUMBERlAND COUN1Y SHERIFFS OFFICE ~. ., all n IWltno. CUMBERlAND COUN1Y COURTHOUSE .~dri Statem::tRLI:~E' A:v:rt;:~~: Costs 4~1)fJ"~\lf~~~ To THE PATRIOT-NEWS CO., Dr. Couoly oI'~""',~ Slllcol''''''''''-' For publishing the notice or publication attached _.jl8dIcuIo!ly.~ mI desin'bod IS foU...: hereto on the above stated dates .1lIiGINNIN<l at.p,,;m indlO ceoteroflhiSlobl tl"Vrl~,r..~~~ Total ~~t"'~i~e Publisher's Receipt for Advertising Cost ijneofslid~~,"~oiMIO"," ., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general ~~~~~:=:..~~:; Ie receipt of the aforesaid notice and publication costs and certifies that the same have Wi..... 01.. 1iol"~JlIIIC- South 12 deps 49 _ Weoi, . dioion:e of fo.~~!'l~ N~ 3 """""le~"";:;:.l:.. of .31058 feet toa pOii(indlO_oroold 8tale 'at~~~ ~ by :DF'~, tqlil$d s-=:tlr:;". .' TIll.Il 1'0 IL\U) "1'RINISllS .. _in _ I. .....ley'iIlII CyIIbIa Ko ........, his wife,l>ylloeolhll."io_'lJ.~~ ofdlOlloatool~-II."""IeJ,Jr.>doioooId._ =.~'~:-:~1Jj; !99l inD..dBoolt ll~ "1~~~ $ 225.85 By.................................................................... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATEOFPENNSYLVANIA : 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 ofthe said Cumberland Law Journal on the following dates, viz: OCTOBER 17, 24, 31, 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 true. REAL ESTATE SALE NO. 34 Writ No. 2003-3086 Civil Mortgage Electronic Registration Systems, Inc., as Nominee for Lehman Brothers Holding, Inc. VS, Michael J. Powley and Cynthia K. Powley Atty.: Frank Federman LEGAL DESCRIPTION ALL THAT CERTAIN tract or par- cel of land. situate in the Township of East Pennsboro, County of Cum- berland and State of Pennsylvania. more particularly bounded and de- scribed as follows: BEGINNING at a point in the cen- ter of the State Highway known as Wertzville Road, said point being 971 feet measured eastwardly from the intersection of Magaro Road and Wertzville Road along the center of the said State Highway; thence North 86 degrees 53 minutes East along the center line of said State High- . .. , ,.. '"'' ~-- -... ~ - - ~A_~Ci-- UflS1arie Coyne, Efitor SWORN TO AND SUBSCRIBED before me this 31 day of OCTOBER, 2003_ ~~~.L. .A;dPN N~At SEAL (j LOIS E. SNYDER. Notary PublIc Ca~lsle Bolo, Cumbe~and County My Commission Expires Mardi 5. 2005 , Wertzvi.lle Road along"" the center of the said State Highway: thence North 86 degrees 53 minutes East along the center line of said State High- way. a distance of 100 feet to a point: thence alon~ lands formerly lor. his wife: thence along said Tay- lor land, North 3 degrees 10 min- utes West, a distance of 310.58 feet to a point in the center of said State Highway. the place of beginning. HAVING thereon erected a one story brick dwelling house known as No. 764 Wertzville Road. Enola, Pennsylvania. being same as sur- veyed by D.P. Raffensperger. Reg- istered Surveyor. on April 4. 1962. Tax Parcel #09-14-0835-074. TITLE TO SAID PREMISES IS VESTED IN Michael J. Powley and Cynthia K. Powley, his wife by Deed from Michael J. Powley. Executor of the Estate of John H. Powley. Jr., deceased and Michael J. Powley and Ronald W. Powley. individually dated 12(28(1994 and recorded I( 3/1995 in Deed Book 116. Page !l73. PHELAN HALLINAN & SCHMIEG, LLP By': DANIEL G. SCHMIEG IDENTIFICATION NO. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (715) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. : CUMBERLAND County : Court of Common Pleas Plaintiff : CIVIL DIVISION vs. : NO. 03-3086 C.T. MICHAEL J. POWLEY CYNTHIA POWLEY Defendant(s) PRAECIPE TO SATISFY JIJDGMFNT AND MARK CASF DISCONTINUED ANn ENDED WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly Satisfy the Judgment which was entered against MICHAEL J. POWLEY and CYNTHIA POWLEY, Defendants, relative to the instant matter and mark this case discontinued and ended, without prejudice, upon payment of your costs only. \ C) ~~c; c-.' c,;;:.. c::-;;> (~.r' (J -n :Tl." ~f~ 3: ~~:~ r:' ~,~; A~~~ ,:""j to. '~::J -rj rn 0:1 I c:J ~~.': .r:-