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HomeMy WebLinkAbout07-5981PHELAN 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 163073 US BANK, N.A. 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MILADY L. DAVIS 3 MEADOW RIDGE DRIVE SHIPPENSBURG, PA 17257 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. C)7- 5ggI bVi l Tenn CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 163073 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 #: 163073 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 #: 163073 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 #: 163073 Plaintiff is US BANK, N.A. 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS 3 MEADOW RIDGE DRIVE SHIPPENSBURG, PA 17257 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/09/2005 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR MORTGAGE LENDERS NETWORK USA, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1935, Page: 1238. 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2007 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 #: 163073 6. The following amounts are due on the mortgage: Principal Balance $137,792.81 Interest $4,337.43 05/01/2007 through 10/10/2007 (Per Diem $26.61) Attorney's Fees $1,250.00 Cumulative Late Charges $187.28 12/09/2005 to 10/10/2007 Cost of Suit and Title Search $550.00 Subtotal $144,117.52 Escrow Credit $0.00 Deficit $316.14 Subtotal $316.14 TOTAL $144,433.66 7 8. 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. 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. File #: 163073 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $144,433.66, together with interest from 10/10/2007 at the rate of $26.61 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. PHELA HALLINA & SCHMIEG, LLP By: s/Franciss S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 163073 LEGAL DESCRIPTION ALL that certain parcel of land and improvements thereon situate in the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, and designated as Parcel No. 39-32-2285-026 and more fully described in a Deed dated July 17, 1998 and recorded July 29, 1998 in Cumberland County in Deed Book Volume 182 at Page 276, granted and conveyed unto Edward S. Shoemaker and Shelly L. Shoemaker, husband and wife. BEGINNING at a point on the Eastern right of way line of Meadow Ridge Drive at the dividing line between Lot Nos. 1 and 2 on the hereinafter mentioned plan of lots; thence along said dividing line, South 58 degrees 55 minutes 59 seconds East, a distance of 159.99 feet to a point in line of lands now or formerly of Reverend Sam W. LeMay; thence along same, South 31 degrees 04 minutes 01 seconds West, a distance of 85.60 feet to a point; thence North 64 degrees 11 minutes 23 seconds West, a distance of 153.64 feet to a point in the Eastern right of way line of Meadow Ridge Drive; thence along same, North 25 degrees 48 minutes 37 seconds East, a distance of 76.39 feet to a point, thence along same, North 31 degrees 04 minutes 01 seconds East, a distance of 23.61 feet to a point at the dividing line between Lot Nos. 1 and 2 on the hereinafter mentioned Plan of Lots, the place of BEGINNING. 3 MEADOW RIDGE DRIVE, SHIPPENSBURG, PA 17257 PARCEL NUMBER 39-32-2285-026 File #: 163073 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE:-/ L,010?' ? n S (31 c! ? MP 25 .? V ? . op _ r. 4 co -G i w PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center at Suburban Station Attorney For Plaintiff Suite 1400 Philadelphia, PA 19103 (215) 563-7000 US BANK, N.A. COURT OF COMMON PLEAS CIVIL DIVISION V. CUMBERLAND COUNTY TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS NO. 07-5981 CIVIL TEAM PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORCLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Dated: (O 2A n File #: 163073 Phelan Hallinan and Schmieg, LLP By: ia',Vx ? Francis S. Hallinan, Esquire Lawrence T. Phelan Daniel G. Schmieg 1, VERIFICATION Steven M. Patrick hereby states that he/she is VP Loan Documentation of WELLS FARGO FINANCIAL INC., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civ it 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 unworn falsification to authorities. ,?\ r-,--. % Name: Steven M. Patrick DATE: 10 ? Vq 0-1 Title: VP Loan Documentation Company: WELLS FARGO FINANCIAL INC. Loan:1115004700 File #: 163073 ?;% ? ?' ??. ? ?. • ` - c'? '??? ? . __ t'? ? ^-? J ? ? .....? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-05981 P COMMONWEALTH 'OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NA VS DAVIS TIMOTHY ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: DAVIS MINDY AKA MINDY L DAVIS but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On December 12th , 2007 this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: So answers• Docketing 6.00 Out of County 9 . 0 0 Surcharge 10.00 R. Thomas Kline Dep Franklin Cc 62.40 Sheriff of Cumberland County Postage .75 88. 15 ? 7 12/12/2007 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007,05981 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NA VS DAVIS TIMOTHY ET AL SGT DAVID ZEIGLER , 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 TIMOTHY AKA TIMOTHY M DAVIS the DEFENDANT , at 1530:00 HOURS, on the 15th day of October , 2007 at CUMBERLAND CO SHERIFF'S ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to TIMOTHY DAVIS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 19.20 Affidavit .00 Surcharge 10.00 .00 4 7 . 2 0 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 12/12/2007 PHELAN HALLIN Nd SCHMIEG By: Deputy Sh A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-05981 P n COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NA VS DAVIS TIMOTHY ET AL SGT DAVID ZEIGLER , 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 MINDY AKA MINDY L DAVIS the DEFENDANT , at 1530:00 HOURS, on the 15th day of October , 2007 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to MINDY DAVIS 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 f .00 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 12/12/2007 PHELAN HALLINAN SCHMIEG By: Deputy A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 200.7-00205 T COMMONTW$ALTH OF PENNSYLVANIA COUNTY OF FRANKLIN US BANK NA VS TIMOTHY AND MINDY DAVIS ET AL GARY L WYRICK Cv vv\6"A anj Co llm 0,1- 5981 Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT DAVIS MINDY AKA MINDY L DAVIS but was unable to locate Her in his bailiwick. He therefore returns the COMP MORT FORE NOT FOUND , as to the within named DEFENDANT 9874 TOWER ROAD SHIPPENSBURG, PA 17257 , DAVIS MINDY AKA MINDY L DAVIS DEFENDANT NO LONGER AT THIS ADDRESS Sheriff's Costs: So veers: Docketing .00 Service .00 Affidavit .00 GARY L ICK Surcharge .00 ROBERT WOLLYUNG, riff .00 .00 PHELAN HALLINAN AND SCHMIEG 11/15/2007 Sworn and subscribed to before me this day of A. D. to wit: ) Notadallsi%[ary Richard D. McCarty, Notary Public Chambersturg Boro, Franklin County My Commission Expires Jan. 29, 2011 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 US BANK, N.A. 3476 STATEVIEW BLVD FORT MILL, SC 29715 V. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5981 CIVIL TERM TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS 3 MEADOW RIDGE DRIVE SHIPPENSBURG, PA 17257 MINDY DAVIS A/K/A MINDY L. DAVIS 3 MEADOW RIDGE DRIVE SHIPPENSBURG, PA 17257 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 TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS and MINDY DAVIS A/K/A MINDY L. DAVIS, 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 $144,433.66 Interest from 10/11/07 to 12/21/07 $1,915.92 TOTAL $146,349.58 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. ')-Q - 91=:?v DANIEL G. SCHMIEG, DIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ?p DATE: lvft? P- • rex-e '00 O PROTHY 163073 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 US BANK, N.A. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. TIMOTHY DAVIS CUMBERLAND COUNTY A/K/A TIMOTHY M. DAVIS :NO. 07-5981-CIVIL TERM MINDY DAVIS A/K/A MINDY L. DAVIS Defendants TO: TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS 3 MEADOW RIDGE DRIVE L j i SHIPPENSBURG, PA 17257 DATE OF NOTICE: DECEMBER 5, 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 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 US BANK, N.A. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. TIMOTHY DAVIS CUMBERLAND COUNTY A/K/A TIMOTHY M. DAVIS :NO. 07-5981-CIVIL TERM MINDY DAVIS A/K/A MINDY L. DAVIS Defendants TO: TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS { !r 9874 TOWER ROAD J SHIPPENSBURG, PA 17257'' a DATE OF NOTICE: DECEMBER 5.2007 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 4FNCIS 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 (215) 563-7000 US BANK, N.A. : COURT OF COMMON PLEAS Plaintiff Vs. : CIVIL DIVISION CUMBERLAND COUNTY TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS Defendants TO: MINDY DAVIS A/K/A MINDY L. DAVIS 3 MEADOW RIDGE DRIVE SHIPPENSBURG, PA 17257 DATE OF NOTICE: DECEMBER 5.2007 ? MGa? ?a 6 r r' ? 3 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 NO. 07-5981-CIVIL TERM 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 US BANK, N.A. : COURT OF COMMON PLEAS Plaintiff Vs. TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS Defendants TO: MINDY DAVIS A/K/A MINDY L. DAVIS 9874 TOWER ROAD SHIPPENSBURG, PA 17257 DATE OF NOTICE: DECEMBER 5, 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. : CIVIL DIVISION CUMBERLAND COUNTY :NO. 07-5981-CIVIL TERM CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 S. F NCIS S. HALLINAN, 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 US BANK, N.A. 3476 STATEVIEW BLVD Plaintiff, V. TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5981 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS is over 18 years of age and resides at, 3 MEADOW RIDGE DRIVE, SHIPPENSBURG, PA 17257. (c) that defendant MINDY DAVIS A/K/A MINDY L. DAVIS is over 18 years of age, and resides at, 3 MEADOW RIDGE DRIVE, SHIPPENSBURG, PA 17257. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. f 5t?/Isd DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff Y`Y't CID C' % p , CT"E (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW US BANK, N.A. 3476 STATEVIEW BLVD Plaintiff, v. TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5981 CIVIL TERM Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 200'1. By. , I ?' "JA'# P_ _LK? o ne p?T?TT?r If you have any questions concerning this matter, please contact: . DAMEL G. SCIIMIEG, ES IRE Attorney for Plaintiff ONE PENN CENTER AT S RBAN 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. it. 41? PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 US BANK, N.A. Plaintiff, V. No. 07-5981 CIVIL TERM TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 12/22/07 TO 06/11/08 (per diem -$24.06) Add'1 Costs TOTAL f Qj 11 DANIEL G. SC IEG, ESQ One Penn Center at Suburban 1617 John F. Kennedy Boulez Philadelphia, PA 19103-1814 Attorney for Plaintiff $146,349.58 $4,162.38 and Costs $2.341.50 $152,853.46 i, Note: Please attach description of property.No. Suite 1400 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. 163073 s , r aw r zz as ?aC >.? A V A a? ?" ? yq AA a? e? 4 O y < ?a Z H? H? y ?° OO w o to O O as V? O t V z ..y4, a .C C `-:D ? ` W O ?' to o ° 0 0 r=: a i to O i:13 ?.. .L S ' ? O O t?7 ' cs • .:o -? .,d - _ _ - ' to v?..c, _? ` ''3 can .? 4, Leval Description ALL THAT CERTAIN tract of land situate in Southampton Township, Cumberland County, Pennsylvania, together with improvements is bounded and described as follows: BEGINNING at a point on the Eastern right of way line of Meadow Ridge Drive at the dividing line between Lot Nos.1 and 2 on the hereinafter mentioned plan of lots; thence along said dividing line, South 58 degrees 55 minutes 59 seconds East, a distance of 159.99 feet to a point in line of lands now or formerly of Reverend Sam W. LeMay; thence along same, South 31 degrees 04 minutes 01 seconds West, a distance of 85.60 feet to a point; thence North 64 degrees 11 minutes 23 seconds West, a distance of 153.64 feet to a point in the Eastern right of way line of Meadow Ridge Drive; thence along same, North 25 degrees 48 minutes 37 seconds East, a distance of 76.39 feet to a point, thence along same, North 31 degrees 04 minutes 01 seconds East, a distance of 23.61 feet to a point at the dividing line between Lot Nos. 1 and 2 on the hereinafter mentioned Plan of Lots, the place of BEGINNING. CONTAINING a lot area of 14,605 square feet and being Lot No. 1 on a Subdivision Plan for Meadow Ridge, prepared by Steven P. Wolfe, P.S., dated May 7, 1993 and filed in the Office of the Recorder of Deeds in and for Cumberland County in Plan book 71 at Page 146. BEING the same real estate that Michael W. Wingert and Renee L. Wingert, husband and wife, by their Deed dated July 17, 1998, and recorded July in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 182, at Page 276, conveyed to Edward S. Shoemaker and Shelly L. Shoemaker, husband and wife, Grantors herein. PARCEL IDENTIFICATION NO: 39-32-2285-026, CONTROL #: 39002075 TITLE TO SAID PREMISES IS VESTED IN Timothy Davis and Mindy Davis, husband and wife, by Deed from Edward S. Shoemaker and Shelly L. Shoemaker, husband and wife, dated 12/09/2005, recorded 12/21/2005, in Deed Book 272, page 2268. 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 US BANK, N.A. Plaintiff, V. TIMOTHY DAVIS . A/K/A TIMOTHY M. DAVIS MINDY DAVIS . A/K/A MINDY L. DAVIS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5981 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. I DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff ra a ? o - Ul C ? rn t 14= I :"; 94 US BANK, N.A. CUMBERLAND COUNTY Plaintiff, V. No. 07-5981 CIVIL TERM TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS Defendant(s). December 21, 2007 TO: TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS 3 MEADOW RIDGE DRIVE SHIPPENSBURG, PA 17257 MINDY DAVIS A/K/A MINDY L. DAVIS 3 MEADOW RIDGE DRIVE SHIPPENSBURG, PA 17257 * *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 ALIEN AGAINST PROPERTY. * * Your house (real estate) at, 3 MEADOW RIDGE DRIVE, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriff s Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $146,349.58 obtained by US BANK, N.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 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 Leval Description ALL THAT CERTAIN tract of land situate in Southampton Township, Cumberland County, Pennsylvania, together with improvements is bounded and described as follows: BEGINNING at a point on the Eastern right of way line of Meadow Ridge Drive at the dividing line between Lot Nos. I and 2 on the hereinafter mentioned plan of lots; thence along said dividing line, South 58 degrees 55 minutes 59 seconds East, a distance of 159.99 feet to a point in line of lands now or formerly of Reverend Sam W. LeMay; thence along same, South 31 degrees 04 minutes 01 seconds West, a distance of 85.60 feet to a point; thence North 64 degrees 11 minutes 23 seconds West, a distance of 153.64 feet to a point in the Eastern right of way line of Meadow Ridge Drive; thence along same, North 25 degrees 48 minutes 37 seconds East, a distance of 76.39 feet to a point, thence along same, North 31 degrees 04 minutes 01 seconds East, a distance of 23.61 feet to a point at the dividing line between Lot Nos. 1 and 2 on the hereinafter mentioned Plan of Lots, the place of BEGINNING. CONTAINING a lot area of 14,605 square feet and being Lot No. 1 on a Subdivision Plan for Meadow Ridge, prepared by Steven P. Wolfe, P.S., dated May 7,1993 and filed in the Office of the Recorder of Deeds in and for Cumberland County in Plan book 71 at Page 146. BEING the same real estate that Michael W. Wingert and Renee L. Wingert, husband and wife, by their Deed dated July 17, 1998, and recorded July in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 182, at Page 276, conveyed to Edward S. Shoemaker and Shelly L. Shoemaker, husband and wife, Grantors herein. PARCEL IDENTIFICATION NO: 39-32-2285-026, CONTROL #: 39002075 TITLE TO SAID PREMISES IS VESTED IN Timothy Davis and Mindy Davis, husband and wife, by Deed from Edward S. Shoemaker and Shelly L. Shoemaker, husband and wife, dated 12/09/2005, recorded 12/21/2005, in Deed Book 272, page 2268. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-5981 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK, N.A., Plaintiff (s) From TIMOTHY DAVIS a/k/a TIMOTHY M. DAVIS & MINDY DAVIS a/k/a MINDY L. DAVIS (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 $146,349.58 L.L.$ 0.50 Interest from 12/22107 to 6111/08 (per diem - $24.06) -- $4,162.38 and Costs Atty's Comm % Atty Paid $270.35 Plaintiff Paid Date: 12/27/07 (Seal) Due Prothy $2.00 Other Costs $2,341.50 Proth otary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN, HALLINAN & SCHMIEG, LLP 1617 JFK BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 SALE DATE: JUNE 11, 2008 I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW US BANK, N.A. No.: 07-5981 CIVIL TERM VS. TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 3 MEADOW RIDGE DRIVE, SHIPPENSBURG, PA 17257. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCH EG, ESQUI Attorney for Plaintiff May 6, 2008 ., Name and PHELAN HALLINAN 8t SCHMIEG, L.L.P. Address One Pent COW at suburban Station Of Sender 1617 John F. Kamedy Boulevard, Suite 1400 ?r Philedsh"& PA 19103.1814 CEMNTD M SCEI<OF MU1PZR / ??sdS Line Ankle Number 1 DOMESTIC RELATIONS OF CUMBERLAND COUNTY, 13 NORTH HANOVER STREET, CARLISLE, PA 17013 .- $ 2 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF WELFARE, PO BOX 2675, HARRISBURG, PA 1710. } 3 TENANT/ OCCUPANT. 3 MEADOW RIDGE M% SHIPPENSBURG, PA 17257 I 4 Commonaeft of Penmylvems, Bureau of Individual Tax, Inhmhance Tax Division N 6° Floor Sftwbwy Sq., Dept 29061, Harisburs PA 17128 0 5 Internal Revenue Service, FedaaW Investors Tom,13ra Floor, Suite 1300, 1001 L%wV Avenue, Pittsburgh PA 15222 ? or - 6 e TPL Can _ a De artment f Public Welfa ash it Re v 8486 Will U E t t P P O B k B ildi O p y , a o , r n s e co ery rogram, . . ox , ow a u ng, N o ?1 11M o o Harrisburg, PA 17105 7 MERS AS A NOMINEE FOR MORTGAGE LENDERS NETWORK USA, INC. 213 COURT STREET MIDDLETOWN, CT 06457 8 M$RS AS A NOMINEE FOR MORTGAGE LENDERS NETWORK USA, INC. 3380 SW 34TH AVENUE, SUITE 111 OCALA, FL 34474 9 MFRS AS A NOMINEE FOR MORTGAGE LENDERS NETWORK USA, INC. P.O. BOX 2026 FLINT, MI 48501-2026 10 TIMOTHY DAVIS AWA TIMOTHY M. DAVIS CQS CUMBERI AND 163073 TOW Na" of Ta.t tdu e. otAma. PON Wmbr,Par"M0fRuWft IL9adldodr90oaadv9YehregdiedmdtdawNoad iwartimY nropndmil'.ni.a.dso rdpmry prrie 8or Piemr Lhtod By sack RowNwa l00sm &Pky") araomisadada N dommm odr8WM IN doom" 00000m%rom h51Q000 N PrPea nbjnlbalix*4rf100.000prooanoaTooatma?- s " aEwmhasmrdmm ftherawh 5100.16 oe .m m hdadp h b 521.000 bred awA al VAth UFMW hnm. So DmuW Mof Maul W0,1913 al x921 for UnAmim of arAmp. C-) ? C3 rT,If, x?? cox, w PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 US BANK, N.A. Plaintiff VS. TIMOTHY DAVIS ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division CUMBERLAND County A/K/A TIMOTHY M. DAVIS No. 07-5981 CIVIL TERM MINDY DAVIS A/K/A MINDY L. DAVIS Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on October 11, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A" 2. Judgment was entered on December 27, 2007 in the amount of $146,349.58. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 11, 2008. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through June 11, 2008 Per Diem $36.81 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $137,792.81 $12,543.41 $187.28 $1,735.00 $1,679.00 $0.00 $105.00 $95.00 $0.00 $0.00 ($0.00) $1,066.26 $155,203.76 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on May 8, 2008 and requested the Defendants' concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: (lhh By: i ieg, L LP . Brad or , Es uire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 US BANK, N.A. Court of Common Pleas Plaintiff Civil Division VS. TIMOTHY DAVIS CUMBERLAND County A/K/A TIMOTHY M. DAVIS MINDY DAVIS No. 07-5981 CIVIL TERM A/K/A MINDY L. DAVIS Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS and MINDY DAVIS A/K/A MINDY L. DAVIS executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 3 MEADOW RIDGE DRIVE, SHIPPENSBURG, PA 17257. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: qlh 1 ' g, LLP By: M. ra ford, s uire Attorney for Plaintiff Exhibit "A" o V23 w : co PHELAN HALLINAN & SCHMIEG, IJJI LAWRENCE T. PHELAN, ESQ., Id. No. 'i2227 FRANCIS S. HALLINAN, ESQ., Id. No. (;2695 DANIEL. G. SCHMIEG, ESQ., Id. No. 62-;05 ONE PENN CENTER PLAZA, SMITE Iii'i0 PML.ADF,LPHIA, PA 19103 {2151563-7000 16;0; US BANK, N.A. 3476 STATEVIEW BLVD FORT MILL, SC 2971S Plaintiff v. TIMOTHY DAVIS A/K/A TIMOTI-1Y M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS 3 MEADOW RIDGE DRIVE SHIPPENSBURG, PA 17257 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION "TERM NO. 07- 5481 Giv) 1 Terk CUMBERLAND COUNTY CIVIL xCTION - LAW COMPLAINT IN -mORTGAGE FORECLOSURE 9 7 - ?G5 3 In to 6 y Up r. vw of t 1 File #: 163073 NOTICE You have been sued in court. If yin: 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 pe•sonally or by attorney and filing in writing with the court your defenses or objections to the clai ns 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, Nimed in the complaint or for any other claim or relief requested by the plaintiff You may l,;se money or property or other rights important to you. YOU S14OULD TAKE THIS PAPI : TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR "IT- ,EPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE Y01.J W I"I I I INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO I I IZE 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 So,.Ah Bedford Street Carlisle, PA 17013 (R';?0)990-9108 File #: 163073 IF THIS IS THE FIIIST ;NOTICE THAT YOU HAVE RECEIVED FRO)I T11h OFFICE, BE ADVISED THAT: PURSUANT TO THE FA IR DEBT COLLECTION PRACTICES ACT", 15 U.S.C. § 1692 ct scy. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRI'T'ING W iTHIN THIRTY (30) DAYS OF RECEIPT OF THIS PI;T:aDING, COUNSEL FOR PLAINTIFF WILL OB,r N AND PROVIDE DEFENDANT(S) 1VIT11 \VRITTEN VERIFICATION THEREOF; OTHERWPII ?,, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEW ;y E, IF REQUESTED WITHIN THIRTY (30) DAYS OIL RECEIPT OF THIS PLEADING, COUNSEL FOR PLAIN"AFF WILL SEND DEFENDANT(S) THE NAME ANT) ADDRESS OF THE ORIGINAL CREDI'T'OR, IF DIFFf..kENT FROM ABOVE. THE LAW DOES NOT [%J-,QUIRE US TO WAIT UNTIL THE END OF THE TH iI ry (30) DAY PERIOD FOLLOWING FT1ZST ('U TACT WITH YOU BEFORE SUING YOU TO COL1 t'i -r THIS DEBT. EVEN THOUGH THE LAW PROVIDES 'l 1IAT YOUR ANSWER TO THIS bile 4 163073 COMPLAINT IS T'O 13E FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FUIZTIIERMORE, NO REQUEST WILL BE MADE TO TIIE C'OLJRT FOR A JUDGMENT UNTIL THE EXPIRATION OF HIRTY (30) DAYS AFTER YOU HAVE RECEIVED TI I IS COMPLAINT. HOWEVER, IF YOU REQUEST 111100F OF THE DEBT OR THE NAME AND ADDRESS OIL' TILE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OFT [iIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR 0'1'11 E RWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE ±ZEQUESTED INFORMATION TO YOU. YOU S11011 .1) CONSUI; I' AN ATTORNEY FOR ADVICE CONCEIININ( YOUR RIGHTS AND OBLIGATIONS I'V TI I t 4 SUIT. IF YOU HAVE FILED 13 kNKRUI'TCY AND RECEIVED A DISCHARGE, TIIIS I?, NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN A(:" r JN TO ENFORCE A LIEN ON REAL ESTATE. Filc # 163073 1. Plaintiff is US RANK, N. A, 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last knotivrl address(es) of the Defendant(s) are: Tima IY DAVIS A/K/A TIMOTHY M. DA\'IS MINDY DAVIS A/K/A MILADY L. DAVIS 3 MEADOW RIDGE DRIVI_; SHIPPENSBURG, PA 172.57 who is/are the mortgagor(s) an(Por real owner(s) of the property hereinafter described. On 12/09/2005 mortgagor(s) made:, executed, and delivered a mortgage upon the premises hereinafter described to `,1ORTGAGE ELECTRONIC REGISTRATION SYSTFMS, INC. AS A i\,'C'AMI' iF': FOR MORTGAGE LENDERS NETWORK USA, INC. which mortgage is rccordc.l i» the Office of the Recorder of CUMBERLAND County, in Book: 1935, Page, 1238. PLAINTIFF is now the legal owner of the mortgage and is in the process of fbrmali?Jn,'; an assignment of same. The mortgage and assignment(s), if any, arc ;natters of public record and are incorporated herein by reference in accordance vita 11a.R.C'.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach docuirlcnts ;o pleadings it' arose documents are of public record. 4. The premises subject to slid n1o; tg:.ge is described as attached. 5. The mortgage is in default beca?:sr.:nonthly payments of principal and interest upon said mortgage due 06/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of n ortgagor to make such payments after a date specified by written notice sent to Mortgat,o? the entire principal balance and all interest due thereon are collectible forthwith. File #: 163073 6 The following amounts are due can !.he mortgage: Principal Balance; $137,742.81 Interest $4,337.43 05/01/2007 through 10/ 102007 (Per Diern $26.6 1) Attorney's Fees $1,250.00 Cumulative Late Charm •s $187.28 12/09/2005 to 10/ 1 w70;07 Cost of Suit and Title Search 550.00 Subtotal $144,117.52 Escrow Credit $0.00 Deficit $316.14 Subtotal 316.14 TOTAL. $144,433.66 7 8. If the mortgage is reinstatL-d prior to a Sheriff's Sale, the attorney's fee set forth above may be less than the amount de:nandua 'eased 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 h,, rty purchaser at Sheriff's Sale, or if the complexity of the action requires additional Ces in ,xcess of the amount demanded in the Action. Plaintiff is nc?t seeking a ju:'igmect ofpersonal 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 ri;;ilt, if such right exists. If Defendant(s) has/have received a discharge of per:.,onal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no wa ,.n attempt to reestablish such personal liability discharged in bankruptcy, hl.t only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvan;,c Law. File 4 163073 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 refit fired by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) :,et forth thereon, and the temporary stay as provided by said notice has terminate;l beca?lise 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 conic under Act 6 of'1974 because the original mortgage amount exceeds $50,000. WI-IEREFORE, PLAINTIFF dci lands an in rein. Judgment against the Defendant(s) in the sum of $144,433.66, together with interest from 10/10/2007 at the rate of $26.61 perdiem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. t'I11:L)ssITFrancis HALL?INA & SCHMIEG, LLP 13y: _____ S. Hallinan I_A WRFNCE Y PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE i RANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File # 163073 LEGAL DESCRIPTION ALL that certain parcel of land and improvements thereon situate in the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, and designated as Parcel No. 39-32-2285-026 and inor e hilly described in a Deed dated July 17, 1998 and recorded July 29, 1998 in Cumberland Co,Jnty in Deed Book Volume 182 at Page 276, granted and conveyed unto Edward S. Shoemaker a,id Shelly L. Shoemaker, husband and wife. BEGINNING at a point on the Eastern right of way line of Meadow Ridge Drive at the dividing line between Lot Nos. 1 and 2 on the hereinafter mentioned plan of lots; thence along said dividing line, South 58 degrees 55 minutes 59 seconds fast, a distance of 159.99 feet to a point in line of lands now or formerly of Rcvu• vnd Sarn W. LeMay; thence along same, South 31 degrees 04 minutes 01 seconds %1`cst, a distance of 85.60 feet to a point; thence North 64 degrees 11 minutes 23 seconds West, a distance of 153.64 feet to a point in the Eastern right of way line of Meadow Ridge Drive; thence 01ong sane, North 25 degrees 48 minutes 37 seconds East, a distance of 76.39 feet to a point, therice along same, North 31 degrees 04 minutes 01 seconds East, a distance of 23.61 feet to n point ai die dividing line between Lot Nos. 1 and 2 on the hereinafter mentioned Plan of Lw,, the price of BEGINNING. 3 MEADOW RIDGE DRIVE, SI iiPPEi^1SBURG, PA 17257 PARCEL NUMBER 39-32-2287 (;26 File #: 163073 VERIFICATION FRANCIS S. I-IAI,ILINAN, ESQUIIU; hereby states that he is attorney for Plaintiff in this matter, that I'laiwiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon inforination supplied by Plaintiff and are true and correct to the best of its knowledge, information and belie!" Furthermore, counsel intends to substitute a verification from Plaintiff' a )oo rel,eipt. The undersigned undorstan 1. that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. / t Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: I ?' D?' Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.1,-P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN s rATItN 1617 JOHN F. KENNEDY BLVD., SUI'I'i; 1406 PHILADELPHIA, PA 19103-1814 (215) 563-7000 US BANK, N.A. 3476 STATEVIEW BLVD FORT MILL, SC 29715 1 RE, ASE %R TIMOTHY DAVIS A/K/A TIMOTH Y M. DAVIS 3 MEADOW RIDGE DRIVE SHIPPENSBURG, PA 17257 MILADY DAVIS A/K/A MINDY L. DAVIS 3 MEADOW RIDGE DRIVE SHIPPENSBURG, PA 17257 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION '?4:?ggt' i., hr„P; U7 5981 CM.b c7 4 K, Defendant(s). e a PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO TIII PROTHONOTARY: 9 t77 m v? 0 tern -c Kindly ?mn in rem judgmentat., favor of the Plaintiff and against TIMOTHY DAVIS A/K/A TIMOTHY jqMVQ),-VRA AWA MINDY L. DAVIS, Defendant(s) for failure to file an Answer iun 20 days fra rvice thereof and for Foreclosure and Sale of the mortgaged prom •es, and assess AaRnitiff's damages Amfibr. As set forth in Complaint Interest from 10/11/07 to 12/21/07 TOTAL $144,433.66 $1,915.92 $146,.349.58 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. copy Ns S RETURN P IV 1 DANIEL G. SCHMIEG, TIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. i " DATE: / MO FROTHY 163073 Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey May 8, 2008 TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS 3 MEADOW RIDGE DRIVE SHIPPENSBURG, PA 17257 RE: US BANK, N.A. vs. TIMOTHY DAVIS, A/K/A TIMOTHY M. DAVIS and MINDY DAVIS, A/K/A MINDY L. DAVIS Premises Address: 3 MEADOW RIDGE DRIVE SHIPPENSBURG, PA 17257 CUMBERLAND County CCP, No. 07-5981 CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me by Tuesday, May 13, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. ly urs, Mi ele . ra or, E quire 0 For Phelan Hallinan & Schmieg, LLP Enclosure 0 0 x dd 7Q a ..a x a O U a 0 ?^p V z< h . o ?oG Q l 3Ud?dIZ WOHA a3NtlW £0 L6 02 80I, Yfj 0 408 M7000 80 WL ZO w b=tea / OOP" 0 r s?1? ??vo „ , r c 2 ^#2 5 ? ; ` E r M W d N ? a `' l? ?, am ? UL 0 ,y a QW A ? 0-010 > p p p O ? a IV, i ? A z E w ?w w w ?a $ a bo??, ? - A Nt ¢> on A Q tM A ? U' A a a. HO°, H? ,.a H? ? ' .b O C" O w c? O a CD A r - CV M °w n 1-4 V '° >A A AA AA ?l ' 0 0 ° z F+U E? .-. ?v? E a i z o 0 0 0 b W W 1+ M4 ? o ? a a a a ? ? ? za i N M 1 r- 00 47S O N u o VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. 6 DATE: sl) i LLP By: (h( MhelSM.IBratlfoid'EsqiAre , Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 US BANK, N.A. Plaintiff VS. TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-5981 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS 916 EDENVILLE RD CHAMBERSBURG, PA 17202-9585 TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS 192 RUSTIC DRIVE SHIPPENSBURG, PA 17257 TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MILADY L. DAVIS 3 MEADOW RIDGE DRIVE SHIPPENSBURG, PA 17257 MINDY DAVIS A/K/A MINDY L. DAVIS 9874 TOWER ROAD SHIPPENSBURG, PA 17257 DATE: It by By: a i g, LLP Tiche. a M. Bradford, Es ire Attorney for Plaintiff r-I C`:+ MAY 162008 44 V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA US BANK, N.A. Plaintiff vs. TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS Court of Common Pleas Civil Division CUMBERLAND County No. 07-5981 CIVIL TERM Defendants RULE AND NOW, this 1 2'd day of 2008, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Lo da-'? 04 tL' F•ru?? Rule Returnable the day 2008 at y}}+t- 4"Out4r,6611T oft er an , BY TH COURT J. l4 /Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@fedphe.com /TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS 916 EDENVILLE RD CHAMBERSBURG, PA 17202-9585 ,/TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS 192 RUSTIC DRIVE SHIPPENSBURG, PA 17257 cop, im r,,2 t* LL sl;z/oa XTIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS 3 MEADOW RIDGE DRIVE SHIPPENSBURG, PA 17257 ? MINDY DAVIS A/K/A MINDY L. DAVIS 9874 TOWER ROAD SHIPPENSBURG, PA 17257 163073 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey May 14, 2008 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: US BANK, N.A. vs. TIMOTHY DAVIS, A/K/A TIMOTHY M. DAVIS and MINDY DAVIS, A/K/A MINDY L. DAVIS CUMBERLAND County CCP, No. 07-5981 CIVIL TERM Dear Sir or Madam: Enclosed for filing please find Motion to Reassess Damages, Brief in Support thereof, and Certification of Service with regard to the above captioned matter. Kindly return a time-stamped copy of the enclosed in the self-addressed stamped envelope provided for your convenience. Nic ru %MB &orsquire el For Phelan Hallinan & Schmieg, LLP Enclosure cc: TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS AFFIDAVIT OF SERVICE PLAINTIFF US BANK, N.A. DEFENDANT(S) TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS SERVE TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS AT 916 EDENSVILLE ROAD CHAMBERSBURG, PA 17202-9585 SERVED CUMBERLAND COUNTY No. 07-5981 CIVIL TERM ACCT. #163073 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 11, 2008 Served and made known to T M O74 1 b t S Defendant on the 071'6 d atI ' 59, _q 19 F DASvlu-r-- , ROAD ?S r guQG ay of 200$' ,Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Ielationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 46 Height ?Weight -LTD Race W Sex /U Other I, iyk Aro- - , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this -7 day - By: of , otary: { 200 R I ? ` Q 6- TL-4-V P ASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. THEODORE J. HARRIS NOT SERVED On the NOTARY&U91IC , 200, at o'clock _.m., Defendant NOT FOUND because: STATE OF NEW JERSEY -MY *jWM 3301, _W(A1W90Yp&2pU No Answer Vacant Ise Attempt: Time: 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200. Notary: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 r? C ?? -- ? :?:w? r+.? c,? G '? ....?, f`J -? t'rm ?? r~- '_? ,._, ?? =s_; ?ri .1 AFFIDAVIT OF SERVICE PLAINTIFF US BANK, N.A. CUMBERLAND COUNTY DEFENDANT(S) TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS No. 07-5981 CIVIL TERM MINDY DAVIS A/K/A MINDY L. DAVIS ACCT. #163073 SERVE MINDY DAVIS A/K/A MINDY L. DAVIS AT Type of Action 192 RUSTIC DRIVE - Notice of Sheriff's Sale SHIPPENSBURG, PA 17257 Sale Date: JUNE 11, 2008 SERVED Served and made known to_ A I Al b ?I*b,+V 15 , Defendant, on the- '741-n day of ,200j(, at 66,27 o'clock -P.m., at t'R2 RK57-IC 'D/L)d E / Sl-1 j7PEN 5 b V 2 & , Commonwealth of Pennsylvania, in the manner described below: ? Defendant personally served. Adult family member with whom Defmdant(s) reside(s). Name and Relationship is_ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 36 Height -5L4- t Weight 13! Race 'W Sex r Other 1' d L-I- , a competent adult, being duly sworn according to law, depose and state that 1 personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this -7 day of 114-?? 200 Notary; By: LEASE A EMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE THEODORE J. HARRIS ATTEMPTED. NOTARY PUBLIC STATE OF NEW JERSEY On W COMMIS"MPIRES 10/25/2012 NOT SERVED 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 15` Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200. Notary: Vacant 2nd Attempt: Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 zz 1 ? ? _,? ? ?-a_ ;? ---? ?-? r ; 1, cv ?'. ?E w ??,?. ??-? _ -'?' ' i ?; _ ? ?? , .. `: i PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 US BANK, N.A. Plaintiff VS. TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS Defendants No. 07-5981 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of June 17, 2008 was sent to the following individual on the date indicated below. TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS 916 EDENVILLE RD CHAMBERSBURG, PA 17202-9585 TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS 192 RUSTIC DRIVE SHIPPENSBURG, PA 17257 DATE: ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS 3 MEADOW RIDGE DRIVE SHIPPENSBURG, PA 17257 MINDY DAVIS A/K/A MINDY L. DAVIS 9874 TOWER ROAD SHIPPENSBURG, PA 17257 =e. ieg, LLP B f rd, squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 US BANK, N.A. Plaintiff VS. TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-5981 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE US BANK, N.A., by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on May 15, 2008. 3. A Rule was entered by the Court on or about May 22, 2008 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on May 28, 2008, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of June 17, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: By: MBBBradord, g, LLP Michele re Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 US BANK, N.A. Plaintiff vs. TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-5981 CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on May 15, 2008. A Rule was entered by the Court on or about May 20., 2008 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on May 28, 2008 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of June 17, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: A4A?- he 1' ieg, LLP By: Michele M. Bradford, squire Attorney for Plaintiff Exhibit "A" MAY 1 6 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA US BANK, N.A. Plaintiff vs. TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 07-5981 CIVIL TERM RULE AND NOW, this .22'-)cL day of 2008, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable evartmon, > a. BY THE COURT J. 'RUE COPT FROM RECO RUB V2mm,r v?Nersof, I here unto vet my tend h ' ; C40 t Carlisle, F'a r`li ' 44. _ .t Exhibit 66B" ? rv c.a° O 1?3 I: CA) _ Nv O rn PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 _ ,p 1617 John F. Kennedy Boulevard, Suite 1400 `[ TTORNEY FOR PLAINTIFF Philadelphia, PA 19103-1814 X215) 563-7000 ?, r.,,?t+??. US BANK, N.A. Plaintiff vs. TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 07-5981 CIVIL TERM CERTIFIC. tIft+ F SERVICE I hereby certify that a true and,, our Motion to Reassess Damages noting a Rule Return date of June 17, 200$9?as e following individual on the date indicated below. TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS 916 EDENVILLE RD CHAMBERSBURG, PA 17202-9585 TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MILADY DAVIS TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS 3 MEADOW RIDGE DRIVE SHIPPENSBURG, PA 17257 A/K/A MINDY L. DAVIS MINDY DAVIS -(VII., - 192 RUSTIC DRIVE/K/A MILADY L. DAVIS SHIPPENSBURG, PA 17257 \V 9874 TOWER ROAD `? HIPPENSBURG, PA 17257 ieg, LLP DATE: $ 6y B ich e . Br df rd, squire Attorney for Plaintiff VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. DATE: 4Brard-, hmieg, LLP By: ichele Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 US BANK, N.A. vs. TIMOTHY DAVIS Plaintiff A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-5981 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS 916 EDENVILLE RD CHAMBERSBURG, PA 17202-9585 TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS 192 RUSTIC DRIVE SHIPPENSBURG, PA 17257 DATE: O TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS 3 MEADOW RIDGE DRIVE SHIPPENSBURG, PA 17257 MINDY DAVIS A/K/A MINDY L. DAVIS 9874 TOWER ROAD SHIPPENSBURG, PA 17257 P nrarad n ie g, LLP B is ele M. Bford, Esquire nAttorney for Plaintiff ?i ?. ? r?-°' ?, .. ? 4? _?; ,? r ??!"? ?? ? ,-. ? 1 ??? „r° ? •r` .r.,? JUL 0 8 2008 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA US BANK, N.A. Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS No. 07-5981 CIVIL TERM MINDY DAVIS A/K/A MINDY L. DAVIS Defendants ORDER AND NOW, this 9 • day of vl' , 2008, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $137,792.81 Interest Through June 11, 2008 $12,543.41 Per Diem $36.81 Late Charges $187.28 Legal fees $1,735.00 Cost of Suit and Title $1,679.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $105.00 Appraisal/Brokers Price Opinion $95.00 4 i o` 0 VINVAWINN3d kNncr L S .9 WV Q i inr $oot AWiQjN,u i0bd 3M.t ?O 3^3W?????ld Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 $0.00 ($0.00) $1,066.26 $155,203.76 Plus interest from June 11, 2008 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT . ff J. 163073 US Bank, N.A. In the Court of Common Pleas of Vs Cumberland County, Pennsylvania Timothy Davis a/k/a Timothy M. Davis and Writ No. 2007-5981 Civil Term Mindy Davis a/k/a Mindy L. Davis R. Thomas Kline, Sheriff, who being duly sworn accor mg to law, states that he made a diligent search and inquiry for the within named defendants, twit: Timothy Davis a/k/a Timothy M. Davis and Mindy Davis a/k/a Mindy L. Davis, but was un le to locate them in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sal and Description as NOT FOUND as to the defendants, Timothy Davis a/k/a Timothy M. Davis and Mindy Davis a/k/a Mindy L. Davis. The house is vacant, but the post office has advised mail is still delivered to 3 Meadow Ridge Drive, Shippensburg, PA 17257. Noah Cline, Deputy Sheriff, who being duly sworn ac rding to law, states that on April 04, 2008 at 1355 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and description, in the above entitled action, upon the property of Timothy Davis a/k/a Timothy M. Davis and Mindy Davis a/k/a Mindy L. Davis located at 3 Meadow Ridge Drive, Shippensburg, 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 n ed defendants, to wit: Timothy Davis a/k/a Timothy M. Davis and Mindy Davis a/k/a Mindy L. Davis by regular mail to their last known address of 3 Meadow Ridge Drive, Shippensburg, PA 17257. ese letters were mailed under the date of March 31, 2008 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 chmieg. Sheriffs Costs: Docketing 30.00 Poundage 24.82 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 28.80 Levy 15.00 Surcharge 30.00 Postpone Sale 40.00 Law Journal 437.00 Patriot News 404.96 Share of Bills 14.73 $1,057.81 So 13 s: R. Thomas Kline, Sheriff BY' L ` G am ; Real Estate rgeant C? ? y%-- /2?... SUS BANK, N.A. V. Plaintiff, TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5981 CIVIL TERM AFFIDAVIT PURSUANT TO PULE 3129 (Affidavit No. l) US BANK. N.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was sled the following information concerning the real property located at 3 MEADOW RIDGE RIVE, SHIPPENSBURG, PA 17257 1. Name and address of Owner(s) or reputed Owner(s): Name TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS Last Known Address (if address cannot be reasonably asc$rtained, please indicate) 3 MEADOW RIDGE DRIVE SHIPPENS?URG, PA 17257 3 MEADOW RIDGE DRIVE SHIPPENOURG, PA 17257 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 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 ddress (if address cannot be reasonably as ertained, please indicate) MERS AS A NOMINEE FOR P.O BOX 2026 MORTGAGE LENDERS NETWORK USA, INC. FLINT, MI 48501-2026 MERS AS A NOMINEE FOR 330 SW 34TH AVENUE, SUITE 101 MORTGAGE LENDERS NETWORK USA, INC. OCALA, FL 34474 ,,,,,MERS AS A NOMINEE FOR 21S COURT STREET •. MORTGAGE LENDERS NETWORK USA, INC. MIDDLETOWN, CT 06457 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 ddress (if address cannot be reasonably as ertained, 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 Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 3 MEADOW RIDGE DRIVE SHIPPEN?BURG, PA 17257 Domestic Relations of Cumberland County 13 North Oanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania PO Box 26I75 Department of Welfare Harrisburi, PA 17105 I verify that the statements made in this affidavit are true ? d 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 unworn falsification to authorities. r/ December 21, 2007 f 1 DATE DANIEL G. Attorney for US BANK, N.A. Plaintiff, V. TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5981 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) US BANK, N.A.. Plaintiff in the above action, by its attorney, ANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was fi td the following information concerning the real property located at MEADOW RIDGE RIVE SHIPPENSBURG PA 17257 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TIMOTHY DAVIS A/K/A TIMOTHY M. 3 MEADOW (RIDGE DRIVE DAVIS SHIPPENSB> RG, PA 17257 MINDY DAVIS A/K/A MINDY L. DAVIS 3 MEADOW RIDGE DRIVE SHIPPENSBURG, PA 17257 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage ?f record: Name MERS AS A NOMINEE FOR MORTGAGE LENDERS NETWORK USA, INC. MERS AS A NOMINEE FOR Last Known Address (if address cannot be reasonably ascertained, please indicate) P.O. 13OX 2026 FLINT, MI 48501-2026 3300 SW 34TH AVENUE, SUITE 101 MORTGAGE LENDERS NETWORK USA, INC. OCALA, FL 34474 MERS AS A NOMINEE FOR 213 COURT STREET s MORTGAGE LENDERS NETWORK USA, INC. MIDDLETOWN, CT 06457 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 recordinterest 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 Tenant/Occupant Last Known Address (if address cannot be reasonably asertained, please indicate) 3 MEADOW RIDGE DRIVE SHIPPENS$URG, PA 17257 Domestic Relations of Cumberland County 13 North I anover Street Carlisle, P 17013 Commonwealth of Pennsylvania PO Box 205 Department of Welfare Harrisburi, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ri December 21, 2007 DATE 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 US BANK, N.A. Plaintiff, V. TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS Defendant(s). ATTORNEY FOR PLAINTIFF I IERLAND COUNTY T OF COMMON PLEAS DIVISION NOa 07-5981 CIVIL TERM CERTIFICATION I DANIEL G. SCHMIEG, ESQUIRE, hereby veri I es that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subjec 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. ?.S. Section 4904 relating to unworn falsification to authorities. 11 ill. II e - L G. SCHI for Plaintiff US BANK, N.A. CUMBERLAND COUNTY Plaintiff, V. No. 107-5981 CIVIL TERM TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS Defendant(s). 2l, 2007 TO: TIMOTHY DAVIS MI Y DAVIS A/K/A TIMOTHY M. DAVIS A MINDY L. DAVIS 3 MEADOW RIDGE DRIVE 3 EADOW RIDGE DRIVE SHIPPENSBURG, PA 17257 SHIT PENSBURG, PA 17257 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COL CT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PRE OUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT D SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF LIENAGAINST PROPERTY. ** Your house (real estate) at 3 MEADOW PRln. SHIPPENSBURG PA 17257, i scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 0:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enfo a the court judgment of $146,349.58 obtained by US BANK. N.A. (the mortgagee) against you. In a event the sale is continued, an announcement will be made at said sale in compliance with Pa. .C.P., Rule 3129.3. NOTICE OF OWNER'S RGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SAL4 To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the r. costs and reasonable attorney's fees due. To call: (215) 563-7000. 2. You may be able to stop the sale by filing a judgment, if the judgment was improperly e postpone the sale for good cause. 3. You may also be able to stop the sale through You may need an attorney to assert your rights. The so you will have of stopping the sale. (See notice on page two on agee the back payments, late charges, out how much you must pay, you may asking the Court to strike or open the You may also ask the Court to legal proceedings. you contact one, the more chance to obtain an attorney.) 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 S eriff 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 buy r may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which as paid for your house. A schedule of distribution of the money bid for your house will be filed by th Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The this schedule unless exceptions (reasons why the proposed Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWY A LAWYER OR CANNOT AFFORD ONE, GO TO OR BELOW TO FIND OUT WHERE YOU CAN GET LEG IMPORTANT NOTICE: This property is sold at the d postponed or stayed in the event that a representative of CUMBERLAND COUNTY ATTOI CUMBERLAND COUNTY BAR 2 LIBERTY AVEN CUMBERLAND COUNTY C( will be paid out in accordance with ition is wrong) are filed with the of getting your home back, if you act AT ONCE. IF YOU DO NOT HAVE THE OFFICE LISTED HELP. of the plaintiff. It may not be sold Ts Sale. The sale must be plaintiff is not present at the sale. REFERRAL ICIATION OUSE CARLISLE, PA 11, (717) 249-3166 (800) 990-9108 Legal Description ALL THAT CERTAIN tract of land situate in Southampton Township, Cumberland County, Pennsylvania, together with improvements is bounded and described as follows: BEGINNING at a point on the Eastern right of way line of eadow Ridge Drive at the dividing line between Lot Nos. l and 2 on the hereinafter mentioned Ian of lots; thence along said dividing line, South 58 degrees 55 minutes 59 seconds East, a distant of 159.99 feet to a point in line of lands now or formerly of Reverend Sam W. LeMay; thence along same, South 31 degrees 04 minutes 01 seconds West, a distance of 85.60 feet to a point; thence North 64 degrees 11 minutes 23 seconds West, a distance of 153.64 feet to a point in the Eastern right of way line of Meadow Ridge Drive; thence along same, North 25 degrees 48 minutes 37 seconds East, a distance of 76.39 feet to a point, thence along same, North 31 degrees 04 minutes 01 seconds East, a distance of 23.61 feet to a point at the dividing line between Lot Nos. l and 2 on the hereinafter mentioned Plan of Lots, the place of BEGINNING. CONTAINING a lot area of 14,605 square feet and being Meadow Ridge, prepared by Steven P. Wolfe, P.S., dated l Recorder of Deeds in and for Cumberland County in Plan BEING the same real estate that Michael W. Wingert and l by their Deed dated July 17, 1998, and recorded July in the for Cumberland County, Pennsylvania, in Deed Book 182, Shoemaker and Shelly L. Shoemaker, husband and wife, G PARCEL IDENTIFICATION NO: 39-32-2285-026, TITLE TO SAID PREMISES IS VESTED IN Timothy E wife, by Deed from Edward S. Shoemaker and Shelly L. 12/09/2005, recorded 12/21/2005, in Deed Book 272, page No. I on a Subdivision Plan for 7, 1993 and filed in the Office of the Dk 71 at Page 146. nee L. Wingert, husband and wife, ?ffice of the Recorder of Deeds in and Page 276, conveyed to Edward S. ntors herein. #:39002075 and Mindy Davis, husband and naker, husband and wife, dated WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-5981 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK, N.A., Pla?ntiff (s) From TIMOTHY DAVIS a/k/a TIMOTHY M. DAVIS & MINDY DAVIS a/k/a MINDY L. DAVIS (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 hirii/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $146,349.58 Interest from 12/22/07 to 6/11/08 (per diem - $24.06) - $4,11 Atty's Comm % Due Prothy L.L.$ 0.50 Atty Paid $270.35 Plaintiff Paid Date: 12/27/07 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN, HALLINAN & SCHMIEG, LLP 1617 JFK BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Other Costs By: and Costs Deputy N ko=-11 Real Estate Sale # 23 On February 19, 2008 the Sheriff levied upon the defendant's interest in the real property situates in Southampton Township, Cumberland County, PA Known and numbered as 3 Meadow Ridge Drive, Shippensburg, C more fully described on Exhibit "A" ?99 filed with this writ and by this reference incorporated herein. Date: February 19, 2008 By: 6 Real Est?t?, r geant L q d LZ30LUZ VIb3 tlJARJ3 S 3H1 i30 331 3WII 03 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 19$9), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberla State aforesaid, being duly sworn, according to law, deposes Journal, a legal periodical published in the Borough of Carlin was established January 2, 1952, and designated by the local periodical for the publication of all legal notices, and has, sir issued weekly in the said County, and that the printed notice exactly the same as was printed in the regular editions and is Journal on the following dates, Law Journal, of the County and d says that the Cumberland Law in the County and State aforesaid, urts as the official legal January 2, 1952, been regularly publication attached hereto is ;s of the said Cumberland Law 2, May 9, and May 16, 2008 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. isa Marie Coyne,( Editor SWORN TO AND SUBSCRIBED before me this 16 day of a 2008 01 No arv NOTARIAL SEAL DEBORAH A COLLINS Notary Public Fm'VComMlssIonExPlre3Apr28,2010 RLISLE BORO, CUMBERLAND COUNTY RRAcL 1 WAT= I LUX NO. 23 Writ No. 2007-5981 Civil US Bank, N.A. VS. Timothy Davis a/k/a Timothy M. Davis and Mindy Davis a/k/a Mindy L. Davis Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Southampton Township, Cumberland County, Pennsylva- nia, together with improvements is bounded and described as follows: BEGINNING at a point on the Eastern right of way line of Meadow Ridge Drive at the dividing line between Lot Nos. 1 and 2 on the hereinafter mentioned plan of lots; thence along said dividing line, South 58 degrees 55 minutes 59 seconds East, a distance of 159.99 feet to a point in line of lands now or formerly of Reverend Sam W. LeMay; thence along same, South 31 degrees 04 minutes 01 seconds West, a distance of 85.60 feet to a point; thence North 64 degrees 11 minutes 23 seconds West, a distance of 153.64 feet to a point in the Eastern right of way line of Meadow Ridge Drive; thence along same, North 25 degrees 48 minutes 37 seconds East, a distance of 76.391 feet to a point, thence along same, North 31 degrees U4 mmutes U1 aec- onds East, a distance of 23.61 feet to a point at the dividing line between Lot Nos. 1 and 2 on the hereinafter mentioned Plan of Lots, the place of BEGINNING. CONTAINING a lot area of 14,605 square feet and being Lot No.1 on a Subdivision Plan for Meadow Ridge, prepared by Steven P. Wolfe, P.S., dated May 7, 1993 and filed in the Office of the Recorder of Deeds in and for Cumberland County in Plan book 71 at Page 146. BEING the same real estate that Michael W. Wingert and Renee L. Wingert, husband and wife, by their Deed dated July 17, 1998, and recorded July in the Office of the Recorder of Deeds in and for Cumber- land County, Pennsylvania, in Deed Book 182, at Page 276, conveyed to Edward S. Shoemaker and Shelly L. Shoemaker, husband and wife, Grantors herein. PARCEL IDENTIFICATION NO: 39-32-2285-026, CONTROL #: 39002075. TITLE TO SAID PREMISES IS VESTED IN Timothy Davis and Mindy Davis, husband and wife, by Deed from Edward S. Shoemaker and Shelly L. Shoemaker, husband and wife, dated 12/09/2005, recorded 12/21/2005, in Deed Book 272, page 2268. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT N Proof of Publication Under Act No. 587, Approved May 1 , 1929 Commonwealth of Pennsylvania, County of auphin) ss 14e Patr1*0tA11fXeWS Now you know Joseph A. Dennison, being duly sworn according to law, deposes and That he is the Assistant Controller of The Patriot News Co., a corporatio Commonwealth of Pennsylvania, with its principal office and place of business a Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of TI newspapers of general circulation, printed and published at 812 to 818 Market S The Patriot-News and The Sunday Patriot-News were established March 4th, 16 all have been continuously published ever since; That the printed notice or publication which is securely attached hereto i daily and/or Sunday/ Metro editions which appeared on the date(s) indicated bell interested in the subject matter of said printed notice or advertising, and that all i place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authc behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution t stockholders and board of directors of the said Company and subsequently duly in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page PUBLICATION COPY organized and existing under the laws of the 812 to 818 Market Street, in the City of e Patriot-News and The Sunday Patriot-News -eet, in the City, County and State aforesaid; that A, and September 18th, 1949, respectively, and exactly as printed and published in their regular N. That neither he nor said Company is the allegations of this statement as to the time, i and empowered to verify this statement on imously passed and adopted severally by the rrded in the office for the Recording of Deeds 17. Thick ad ran on the date(s) shown below: 04/23/08 04/30/08 05/07/08 Sworn to and bed before me this 27 day of Notary Public Notarial Seal Chyrie L. Sheppard, Notary ublic City Of Harrisburg, Dauphin rriy My Commission Expires May , 2010 Member, Pennsylvania Association Of Notaries A. D. Rsai Estate Sele #23 Writ- No.2007-Ml Civil Tenn US Bank, N.A. VS Timothy Davis aWa Timothy M. Davis and Mindy Davis alkfa Mindy L Davis Attorney: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract of land situate in Southampton Township, Cumberland County, Pennsylvania, together with improvements is bounded and described as follows: BEGINNING at a point on the Eastern right of way line of Meadow Ridge Drive at the dividing line between lot Nos. I and 2 on the hereinafter mentioned plan of lots; thence along said dividing line, South 58 degrees 55 minutes 59 seconds East, a distance of 159.99 feet to a point in line of lands now or formerly of Reverend Sam W. LeMay; thence along same, South 31 degrees 04 minutes 01 seconds West, a distance of 85.60 feet to a point; thence North 64 degrees 11 minutes 23 seconds West, a distance of 153.64 feet to a point in the Eastern right of way line of Meadow Ridge Drive; thence along same, North 25 degrees 48 minutes 37 seconds East, a distance of 76.39 feet to a point, thence along same, North 31 degrees 04 minutes 01 seconds East, a distance of 23.61 feet to a point at the dividing line between Lot Nos. I and 2 on the hereinafter mooned Plan of Lots, the place of BEGINNING. CONTAINING a lot area of 14,605 square feet and being Lot No.1 on a Subdivision Plan for Meadow Ridge, prepared by Steven P. Wolfe, RS., dated May 7,1993 and fled in die Office of the Recorder of Deeds in and for Cumberland County in Plan book 71 at Page 146. BEING the same real estate that Michael W. Wingert and Renee L. Wingert, husband and wife, by their Deed dated July 17, 1998, and recorded July in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 182, at Page 276, conveyed to Edward S. Shoemaker and Shelly L. Shoemaker, husband and wife, Grantors herein. PARCEL IDFNTTIRCATION N0:39-32-2285- 026, CONTROL #: 39002075 TITLE TO SAID PREMISES IS VESTED IN Tmiothy Davis and Mindy Davis, husband and wife, by Deed from Edward S. Shoemaker and Shelly L. Shoemaker, husband and wife, dated 12109/2005, rem 12/21/2005, in Deed Book 272, page 2268. I (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 US BANK, N.A. Plaintiff, V. . TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 06/12/2008 - 09/02/2009 (per diem -$25.51 ) TOTAL No. 07-5981 CIVIL TERM $155,203.76 $11,428.48 and Costs $166,632.24 DANIEL ,,9CHMMff, ESQUIRE One Penn enter at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. 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. 163073 w? Oz Wa a? o? ?a oz OO H V oz V? ?w H ? Rose g z d 8 V) A r"j ?A oA d? A? O? H 0 U w? u O La H ? ?w b0 0t w? W W) 00 in a? N O a U ? as az a U? W? aA ?U A? ?a CPN vA H Q LA o Q 0 .n c? M 0 M IC n ? c ,, . 9 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 US BANK, N.A. Plaintiff, V. TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS ; MINDY DAVIS A/K/A MINDY L. DAVIS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5981 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 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.A. §4904 relating to unsworn falsification to authorities. DANIEL G.XHT Attorney Plaintiff IL ?, r ? . US BANK, N.A. Plaintiff, V. TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5981 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 US BANK, N.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,3 MEADOW RIDGE DRIVE, SHIPPENSBURG, PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS 916 EDENVILLE RD CHAMBERSBURG, PA 17202-9585 MINDY DAVIS A/K/A MINDY L. DAVIS 192 RUSTIC DRIVE SHIPPENSBURG, PA 17257 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 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) MERS, INC. 3300 SW 34`n Avenue Suite 101 Ocala, FL 34474 MERS AS A NOMINEE FOR MORTGAGE LENDERS P.O. BOX 2026 NETWORK USA, INC. FLINT, MI 48501-2026 MORTGAGE LENDERS NETWORK USA, INC. 213 COURT STREET MIDDLETOWN, CT 06457 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be u 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 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 Last Known Address (if address cannot be Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program MERS AS A NOMINEE FOR CENLAR FSB CENLAR FSB reasonably ascertained, please indicate) 3 MEADOW RIDGE DRIVE SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 P.O. BOX 2026 FLINT, MI 48501-2026 425 PHILLIPS BOULEVAR EWING, NJ 08618-1430 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 th a statement erem are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswo falsific ion to utho ties. March 25, 2009 r "' ?- i DATE DANIEL-G. SCHMIEG, Attorney for Plaintiff w- r? c:n A= ?? {T1 s; l,J v WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-5981 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK, N.A., Plaintiff (s) From TIMOTHY DAVIS a/k/a TIMOTHY M. DAVIS MINDY DAVIS a/k/a MINDY L. DAVIS (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 $155,203.76 L.L. Interest from 6/12/08 - 9/02109 (per diem - $25.51) -- $11,428.48 and Costs Atty's Comm % Atty Paid $1,333.66 Plaintiff Paid Date: 3/26/09 Due Prothy $2.00 Other Costs Curtis R. L , Prothon ary L (.Seal) REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALI,INAN & SCHMIEG By: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Deputy Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 i AFFIDAVIT OF SERVICE PLAINTIFF US BANK, A. CUMBERLAND COUNTY No. 07-5981 CIVIL TERM DEFENDANT(S) TIMO DAVIS A/K/A TIMOTHY M. DAVIS ACCT. #163073 MINDY AVIS AXIA MINDY L. DAVIS Type of Action SERVE TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS AT: - Notice of Sheriffs Sale Served and made known to /tMo?, at r 1 o'clocka,.m., at of Pennsylvania, in the manner described Defendant personally served. Adult family member with whop Adult in charge of Defendant(s)' Manager/Clerk of place of lodge Agent or person in charge of Del Other. an Description: Age 30 ` Heil 1, z?fC.R a a true d correct copy of the Notice of the address indicated above. Sworn to and sub My befcFe me this i*of ,200 No _ PLEASE ATTEMPT SERV E A7 On the day of Sale Date: SEPTEMBER 2, 2009 SERVED ?? i S Defendant, on day of L200-7 tj s 6 rc -T---,?-???? - 5 > Commonwealth Defendant(s) reside(s). Name and Relationship is residence who refused to give name or relationship. g in which Defendant(s) reside(s). mdant(s)'s office or usual place of business. icer of said Defendant(s)'s company. ? L f rJh° 1i 1 Weight T_ Race W n Sex Other )( 1 Q p rj_ petent adult, being duly sworn according to law, depose and state that I personally handed ;riffs Sale in the manner as set forth herein, issued in the captioned case on the date and at NOS Sim LWALF. N. CAM 140M FWAC By: W, F"MUN 000M *J6 Wdgo n t*ws Nov 10, 201 l ' LEAST 3 TIMES. INDIVICE ATTEMPTED. TFS NOT SERVED 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown ? o Answer Ist Attempt: / 3rd Attempt: / / Sworn to and subscribed before me this day of 200. Notary: Vacant 2nd Attempt: / / Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 OF I 2009 APR 14 AM 10' 3 0 cumb?-?? MY JAN JAHUWOH YTftA:.w 3JHOUs u+td#A 1noh* 11muoa iAilI o"I Rm Y"043"NM (rot .01 V,044 aoligO no"I"moa L . PLAINTIFF US BANK, DEFENDANT(S) DAVIS MINDY SERVE MINDY DAVIS AIK/A MIN 192 RUSTIC DRIVE SHIPPENSBURG, PA 17257 Served and made known to A vJ, ,200--q at I o'clock ?.m., at Commonwealth of Pennsylvania, in the Defendant personally served. Adult family member with whom Adult in charge of Defendant(s)'s Manager/Clerk of place of lodginj Agent or person in charge of Defe an offs Other. Description: Age ? ?Heigh I, JW,-t_&Xe_ L, V; 0ei . c personally handed a true and oc rrect copy captioned case on the date and at the addr AFFIDAVIT OF SERVICE DAVIS AXIA TIMOTHY M. VIS A/K/A MINDY L. DAVIS L. DAVIS AT: No. 07-5981 CIVIL TERM ACCT. #163073 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 2, 2009 SERVED Defendant, on the day of La r described below: Defendant(s) reside(s). Name and Relationship is (2)-1vb, &o": V _ residence who refused to give name or relationship. in which Defendant(s) reside(s). t C ?r Ova. dant(s)'s office or usual place of business. per of said Defendant(s)'s company. I Weight ,1g Race k rl Sex Other //() ? "5 petent adult, being duly sworn according to law, depose and state that I the Notice of Sheriffs Sale in the manner as set forth herein, issued in the indicated above. NO?ARUL am Sworn to and subscribed UiCMIE N. CARTY before day of 2,009 Notary: ] PLEASE ATTEMPT SER ICE Z On the day of URjJM CWW WA PRAtMItMI COMW By: My coma w lbPlroa Nov 10, 2011 L T 3 TIM ICA ES & TIMES OF SERVICE ATTEMPTED. NOT SERVED 200_, at o'clock _.m., Defendant NOT FOUND because: CUMBERLAND COUNTY I Moved Unknown I No Answer 1st Attempt: 3rd Attempt: Sworn to and subscribed before me this day of 1200-. Notary: Vacant 2"4 Attempt: Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 FILED v y 2069 APR 14 AM 10'- 00 ............. 1AU JAfAl?TG M YMO .11 9JM*UJ *"A "ftM rnwoO ? avr VYINiJIgmm t 1dr Of ve?N ?n1gx3 nolatr»nf00 vm 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff US Bank, N.A. Plaintiff vs Timothy Davis A#qA Timothy M. Davis Mindy Davis A#qA Mindy L. Davis Defendant : I Court of Common Pleas . I Civil Division : I Cumberland County : I No. 07-5981 Civil Term PHS# 163073 PRAECIPE TO THE PROTHONOTARY: 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 and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: July 14, 2009 PHELAN HALLINAN & SCHMIEG, LLP By: Qp??A *? La ence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorneys for Plaintiff FREI OF THE 2009 JUL 27 AH 9: 41 cumc" ' a s Ai i 9 ' fi. f .40 4t po 83/ U3f )*t# a.7JN'ly Sheriffs Office of Cumberland County R Thomas Kline RLEDru,-a OF THE TARY Sheriff o Sheri Ronny R Anderson 8 P11 2:37 Chief Deputy - Jody S Smith CtI; Civil Process Sergeant rF= E ` ``ERIr Edward L Schorpp Solicitor U S Bank, N.A. Case Number vs. 2007-5981 Timothy Davis SHERIFF'S RETURN OF SERVICE 06/25/2009 07:38 PM - Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 6/26/09 at 1310 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Mindy Davis, by making known unto, Mindy Davis, personally, at, the Cumberland County Sheriffs Office, 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 07/01/2009 08:10 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on 7/1/09 at 2006 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Timothy Davis and Mindy Davis, located at, 3 Meadow Ridge Drive, Shippensburg, Cumberland County, Pennsylvania according to law. 07/06/2009 Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 6/26/09 at 1310 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Timothy Davis, by making known unto, Timothy Davis, personally, at, the Cumberland County Sheriffs Office, 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. R. Thomas Kline, Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Timothy Davis, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. Status of service in Franklin County is unknown to date. R. Thomas Kline, Sheriff who being duly sworn according to law, states that this writ is returned STAYED, per instructions from Attorney Elizabeth Hallinan. 08/14/2009 Property sale cancelled on 8/14/2009 09/24/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law states, this writ is returned STAYED, per letter of instruction from Attorney Daniel Schmieg. SHERIFF COST: $093.40 W j93. u a p e. September 24, 2009 ,oJ.Z"/C9 01" SO ANSWERS, ?000011;4? 'e? R THOMAS KLINE, SHERIFF 0-0 Ca x.60 )- ;- c H? 7- 19 .i 3 /( q 7 US BANK, N.A,. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS CIVIL DIVISION MINDY DAVIS A/K/A MINDY L. DAVIS NO. 07-5981 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129.1 US BANK, N.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,3 MEADOW RIDGE DRIVE, SHIPPENSBURG, PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS 916 EDENVILLE RD CHAMBERSBURG, PA 17202-9585 192 RUSTIC DRIVE SHIPPENSBURG, PA 17257 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 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) MERS, INC. 3300 SW 34`h Avenue Suite 101 Ocala, FL 34474 MERS AS A NOMINEE FOR MORTGAGE LENDERS P.O. BOX 2026 NETWORK USA, INC. FLINT, MI 48501-2026 MORTGAGE LENDERS NETWORK USA, INC. 213 COURT STREET MIDDLETOWN, CT 06457 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 Tenant/Occupant Domestic Relations of Cumberland County Last Known Address (if address cannot be reasonably ascertained, please indicate) 3 MEADOW RIDGE DRIVE SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program MERS AS A NOMINEE FOR CENLAR FSB CENLAR FSB PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 P.O. BOX 2026 FLINT, MI 48501-2026 425 PHILLIPS BOULEVAR EWING, NJ 08618-1.430 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 tha a statement erem are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswo falsific ion to uthor ties. March 25, 2009 DATE SCHMIEG, ESQUIRE Attorney for Plaintiff US BANK, N.A. Plaintiff, V. TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS MINDY DAVIS A/K/A MINDY L. DAVIS Defendant(s). CUMBERLAND COUNTY No. 07-5981 CIVIL TERM March 25, 2009 TO: TIMOTHY DAVIS A/K/A TIMOTHY M. DAVIS 916 EDENVILLE RD CHAMBERSBURG, PA 17202-9585 MINDY DAVIS A/K/A MINDY L. DAVIS 192 RUSTIC DRIVE SHIPPENSBURG, PA 17257 "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 ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 3 MEADOW RIDGE DRIVE, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriff s Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $155,203.76 obtained by US BANK, N.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: 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. 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 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Southampton Township, Cumberland County, Pennsylvania, together with improvements is bounded and described as follows: BEGINNING at a point on the Eastern right of way line of Meadow Ridge Drive at the dividing line between Lot Nos. 1 and 2 on the hereinafter mentioned plan of lots; thence along said dividing line, South 58 degrees 55 minutes 59 seconds East, a distance of 159.99 feet to a point in line of lands now or formerly of Reverend Sam W. LeMay; thence along same, South 31 degrees 04 minutes 01 seconds West, a distance of 85.60 feet to a point; thence North 64 degrees 11 minutes 23 seconds West, a distance of 153.64 feet to a point in the Eastern right of way line of Meadow Ridge Drive; thence along same, North 25 degrees 48 minutes 37 seconds East, a distance of 76.39 feet to a point, thence along same, North 31 degrees 04 minutes 01 seconds East, a distance of 23.61 feet to a point at the dividing line between Lot Nos. 1 and 2 on the hereinafter mentioned Plan of Lots, the place of BEGINNING. CONTAINING a lot area of 14,605 square feet and being Lot No. 1 on a Subdivision Plan for Meadow Ridge, prepared by Steven P. Wolfe, P.S., dated May 7, 1993 and filed in the Office of the Recorder of Deeds in and for Cumberland County in Plan book 71 at Page 146. TITLE TO SAID PREMISES IS VESTED IN Timothy Davis and Mindy Davis, husband and wife, by Deed from Edward S. Shoemaker and Shelly L. Shoemaker, husband and wife, dated 12/09/2005, recorded 12/21/2005, in Deed Book 272, page 2268. PREMISES BEING: 3 MEADOW RIDGE DRIVE, SHIPPENSBURG, PA 17257 PARCEL NO. 39-32-2285-026 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-5981 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK, N.A., Plaintiff (s) From TIMOTHY DAVIS a/k/a TIMOTHY M. DAVIS MINDY DAVIS a/k/a MINDY L. DAVIS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $155,203.76 L.L. Interest from 6/12/08 - 9/02/09 (per diem - $25.51) -- $11,428.48 and Costs Atty's Comm % Arty Paid $1,333.66 Plaintiff Paid Date: 3/26/09 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs Curtis R. Lo rothonota By: _ Deputy Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHEL_ I HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # On May 11, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA Known and numbered as, 3 Meadow Ridge Drive, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 11, 2009 By: Real Estate Coordinator ((h?? 4 ?O? d PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 24, July 31 and August 7, 2009 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. Coyne, ditor SWORN TO AND SUBSCRIBED before me this 7 da of Au ust 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CBORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE 84LE NO. 23 Writ No. 2007-5981 Civil U S Bank, N.A. VS. Timothy Davis a/k/a Timothy M. Davis, Mindy Davis a/k/a Mindy L. Davis Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Southampton Township, Cumberland County, Pennsylva- nia, together with improvements is bounded and described as follows: BEGINNING at a point on the Eastern right of way line of Meadow Ridge Drive at the dividing line between Lot Nos. 1 and 2 on the hereinafter mentioned plan of lots; thence along said dividing line, South 58 degrees 55 minutes 59 seconds East, a distance of 159.99 feet to a point in line of lands now or formerly of Reverend Sam W. LeMay; thence along same, South 31 degrees 04 minutes 01 seconds West, a distance of 85.60 feet to a point; thence North 64 degrees 11 minutes 23 seconds West, a distance of 153.64 feet to a point in the Eastern right of way line of Meadow Ridge Drive; thence along same, North 25 degrees 48 minutes 37 seconds East, a distance of 76.39 feet to a point, thence along same, North 31 degrees 04 minutes 01 sec- onds East, a distance of 23.61 feet to a point at the dividing line between Lot Nos. 1 and 2 on the hereinafter mentioned Plan of Lots, the place of BEGINNING. CONTAINING a lot area of 14,605 square feet and being Lot No. 1 on a Subdivision Plan for Meadow Ridge, prepared by Steven P. Wolfe, P.S., dated May 7, 1993 and filed in the Office of the Recorder of Deeds in and for Cumberland County in Plan book 71 at Page 146. TITLE TO SAID PREMISES IS VESTED IN Timothy Davis and Mindy Davis, husband and wife, by Deed from Edward S. Shoemaker and Shelly L. Shoemaker, husband and wife, dated 12/09/2005, recorded 12/21/2005, in Deed Book 272, page 2268. PREMISES BEING: 3 MEADOW RIDGE DRIVE, SHIPPENSBURG, PA 17257. PARCEL NO. 39-32-2285-026. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE t4ePahiot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she 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 she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/24/09 07/31/09 08/07/09 i Sworn to Janubscribed before me th' 1 y o August, 2009 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Nota?ial Seal Shame L I(isner, Notary Public City Of Harrisburg; Dauphin County My Commission E)Oree Nov. 26, 2011 Member, Pennsylvania Association of Notaries Sale No. 23 Writ No. 2007-5981 Civil Term U S Bank, N.A. VS. . Timothy Davis A/K/ATimothy M. Davis Mindy Davis A/K/A Mindy L. Davis Atty: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Southampton Township, Cumberland County, Pennsylvania, together with improvements is bounded and described as follows: BEGINNING at a point on the Eastern right of way line of Meadow Ridge Drive at the dividing line between Lot Nos.1 and 2 on the hereinafter mentioned plan of lots; thence along said dividing fine, South 58 degrees 55 minutes 59 seconds East, a distance of 159.99 feet to a point in line of lands now or formerly of Reverend Sam W. LoMay; thence along same, South 31 degrees 04 minutes of seconds West, a distance of 85.60 feet to a point; thence North 64 degrees 11 minutes 23 seconds West, a distance of 153.64 feet to a point in the Eastern right of way line of Meadow' Ridge Drive; thence along same, North 25 degrees 48 minutes 37 seconds East, a distance of 76.39 feet to a point, thence along same, North 31 degrees 04 minutes 01 seconds East; a distance of 23.61 feet to a point at the dividing line between Lot Nos. 1 and 2 on the hereinafter mentioned plan of Lots, the place of BEGINNING. CONTAINING-a lot area of 14,605 square feet and being Lot No. 1 on a Subdivision Plan for Meadow Ridge, prepared by Steven P. Wolfe, P.S., dated May 7, 1993 and filed in the Office of the Recorder of Deeds in and for Cumberland County in Plan book 71 at Page 146. TITLE TO SAID PREMISES IS VESTED IN Timothy Davis and Mindy S. husband and wife, by Deed from Shoemaker and Shelly L. Shoemaker, husband and wife, dated 1210912005, recorded 1 22618/ 2005, in Deed Book 272, page PREMISES BEING: 3 MEADOW RIDGE DRIVE, SHIPPENSBURG, PA 17257 PARCEL NO, 39-32-2285-026