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Home My WebLink About03-6514 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN. ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA. SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO,03-'r/~ C~il T~ CUMBERLAND COUNTY v. CARLA], LINNANE 18 PLAINVIEW ROAD CAMP HILL, PA 1701 I Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNlY CUMBERLAND COUNlY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 File #: 83498 File #: 83498 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TillS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. 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 ENFORECE A LIEN ON REAL ESTATE. 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2. The name(s) and last known address(es) ofthe Defendant(s) are: CARLA J. LINNANE 18 PLAINVIEW ROAD CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the properly hereinafter described. 3. On 11110/2000 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1652, Page 382. By Assignment of Mortgage recorded 11115/00 the mortgage was assigned to CHASE MANHATTAN MORTGAGE CORPORATION which Assignment is recorded in Assignment of Mortgage Book No. 660, Page 240, PLAINTIFF is now the legal owner ofthe mortgage and is in the process of formalizing an assignment of same. Said mortgage was modified as set forth in the modification agreement recorded 5/19/03, in Mortgage Book No.697. Page 1765. 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 07/01/2003 and each month thereafter are due and unpaid. and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #; 83498 6. The following amounts are due on the mortgage: Principal Balance Interest 06/01/2003 through 12/16/2003 (Per Diem $22.81) Attorney's Fees Cumulative Late Charges 11/10/2000 to 12/16/2003 Cost of Suit and Title Search Subtotal $97.945.38 4,539.19 1,250.00 139.64 $ 550.00 $ 104,424.21 Escrow Credit Deficit Subtotal 0.00 526.48 $ 526.48 TOTAL $ 104,950.69 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale, If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 104,950.69, together with interest from 12/16/2003 at the rate of $22.81 per diem to the date of Judgment. and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FE:JjAN ANI} ~0~N. if p /J Il- By: ~Hallinan~ FRA FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN. ESQUIRE Attorneys for Plaintiff File #: 83498 AU 7'1Ur CERTAO' tMcl IN' parul qfltlndliIrI4M ,." /Awv All,,, TtlWJUhip. Cumlwiantl Collnry. 1'0~ill, II/MCpartlculGr/JllNNna.ti and ~d 4$flJJI-.. /Q wlt: IJEGINNING tit a poN on 1M ~ 11M I1fI'IIlIWlli.... /loadw"le" pol'" 11101.8'1 fUI II01'lfl (!I' tho ".",1ef1ZltIrIy __ of HIJTtZd!l1# /Jriw; tmd Plal".,;_ Road ."Iondud tmd Of JMding 1/116 Hl'wlo" LoIS NN. JJ and 12, lJIl1flk """ "" fire 1rN41111lj/u menfitmMl PIQIf qf LI>/,: IMn&' alDIIg 0" .all,,/Y If_ olpo'aJnfli(l!fJ /lQ(l(/ III an arc /raoing IUt1d1us a/2oof,., In a IIQft/rw<SIIr/y dlncIitHr 14 1M riglrt, 21.2DfW 10 apallJl,' ihI1tc6/lIfhcr along _. nmh ~2"'us 20 mllfll(,s wUf, 5J.8J)Od to "J14/1fl ot dMdlng 1'..0 """...", 1.11/1 liDO. 12 /Inti I J, alack "X" flJJ Nhll'/(ln; Ih_ tzlcng Nhl dtvldillg 11M, _/It ~7 Jcgnu -10 Ifli_... eu1. 125 feet 1(1 a ptJlDl; ,,,,"" Q/DIIg 1M INlllrty 11M oflDu Nos. 9 and ltJ.lJIdelc "X" an saki Plan. .raldh 41 q"gr'Kr 1011I11111I'" MIlt. 'IS J'''I to a pi1/n1 al;ilY/dhJtr /111/1 /rtl,.,..... Lot. N<1S. 11 and J:1.1JIi1d: "X" t>fi>>'uald.. lhe"", IQI"". south 4'1 tUgrsu ~O mlmMs Wt!JI. 12J.8'1 P'" /Q D pollJl, 1/11I pJDC/1 al BEG/liNING. BEING lmJN'O~ wt'" a brick (111I/1- t'fZ1ICh dw.l1i1fg kM\f.. at Dnd _b.,.d 18 l'/4fnvlcw Road. BEING lot No. 12. 11l~ "K"ln Pkm qfCDlI/tfl'y and T_ Nomoi, [fit:., w/deh pl{IIJ lIrcr:artl'li In Ihe Cum/Je,IDntllhrint)l R.-.Ja p/DI,ds Ojfi(# 1111'1"" BoaA: 7. pate -il. l1E1NO 1M _. pt'tm/sIU whim WlUlllm /J'tItI8 """ .8obbl Su.l,oM, his 1l'f18. by Deed dalld .IuM JO, llJ8J and 1'l~Ju1y 11. I gfJ In In. OJ}iu qflM RA:CIN'dtr Dr DIm In (AMp Cwn/JI,Tand C"""fJi p~ in Dud I1DDkG-Jo. parr 970. grtI/fl~d and conwyM unto E/",.,. E. Bu11., IUtIi /)kfM 1 Busl"" "11 wu;. Grant"" htniJr. PREMISES BEING: 18 PLAINllIEW ROAD. VERIFICATION -""''';TOPHER STUMP hereby states that helshe is ASSISTANT SECRETARY of CHASE MANHATTAN MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter. that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action are true and correct to the best of her knowledge. information and belief, The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. -------- CHRISTOPHER STUMP ^SSISTANT SECRETARY DATE: 12-/Z-{) '3 n ...., 0 -19.. => ~ (~~ = '1, '-" ~ .0 -~^ = 'I':n rc;. 't r-'l c-) nlr -am W ~ co :;~9 Sc;<::, ~ -- .-..--r, :-<" C:;fS --0 '-,,,, II) &: ~ , , (j"i f"- "f.:>- c: ' , & .c." ::.< ~ ~ SHERIFF'S RETURN - REGULAR CASE NO: 2003-06514 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS LINNANE CARLA J BRIAN BARRICK , Sheriff or Deputy Sheriff of cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE LINNANE CARLA J was served upon the DEFENDANT , at 1745:00 HOURS, on the 29th day of December, 2003 at 18 PLAINVIEW ROAD CAMP HILL, PA 17011 CARLA LINNANE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.97 .00 10.00 .00 36,97 Sworn and Subscribed to before a- me this /3 - day of ~ .;(UV 'f A.D. Cl~ , Q ~._ ~. ~~onotary I So Answers: ~~~ R. Thomas Kline 12/30/2003 FEDERMAN & PHr______1/ By: I~ Deputy Efueriff FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST A nON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PillLADELPHIA, PA 19103.1814 (21 5) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 2003.06514 CIVIL TERM CARLA J. LINNANE 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 CARLA J. LINNANE, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale ofthe mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 12/16/03 to 2/11/04 TOTAL $104.950.69 $1.322.98 $106,273.67 I hereby certify that (I) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~~M1 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. < j) DATE:~e~~ lP ~'i (tA---h,'~k . ;;("On:c ( PROPROTHY tJ FEDERMAN AND PHELAN. LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN. ESQ., Id. No, 32227 FRANCIS S, HALLINAN, ESQ.. Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA. PA 19103 (71 'i) 'iti1-7QQQ ATTORNEY FOR PLAINTIFF MORTGAGE ELECIRONIC SYSTEMS, INC. REGISTRATION : COURT OF COMMON PLEAS Plaintiff : CML DIVISION Vs. : CUMBERLAND COUNTY CARLA J, LINNANE Defendants : NO, 03-6514 CIVIL TERM TO: CARLA J. LINNANE 18 PLAlNVIEW ROAD CAMP HILL, PA I7011 DATE OF NOTICE: .JANlTARV21, 2004 FILE COpy THIS FIRM IS A DEBT COLLEcrOR ATIEMPTING TO COLLEcr A DEBT. THIS NOTICE IS SENT TO YOU IN AN A TIEMPT TO COLLEcr 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 CONS1RUED TO BE AN ATIEMPT TO COLLEcr 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 A TIORNEY 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 MAYBE 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 MAYBE 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 FRANK FEDERMAN. ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR -CASE NO: 2003-06514 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS LINNANE CARLA J BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LINNANE CARLA J the DEFENDANT at 1745:00 HOURS, on the 29th day of December, 2003 at 18 PLAINVIEW ROAD CAMP HILL, PA 17011 by handing to CARLA, LINNANE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.97 .00 10.00 .00 36.97 So Answers: ,?,,""/?/ /fl ? ~?~~~<-:f-~ R. Thomas Kline day of 12/30/2003 ~ FEDERMAN, & P,H H~E ,AN", j By: /tp[i;)1! w - Deputy Sheriff Sworn and Subscribed to before me this A.D. Prothonotary (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 2003-06514 CIVIL TERM CARLA J. LINNANE Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on hi, I P 200'1. ~ Lt~,~p,~_., r DEPUTY "'F~ If you have any questions concerning this matter, please contact: J~ ~7\ FRANK FEDERMAN. ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREvroUSL Y 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.** FEDERMAN and PHELAN, LLP . By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SUITE 1400 PHILADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 2003-06514 CIVIL TERM CARLA J. LINNANE Defendant(s). VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief. he has knowledge ofthe following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service ofthe United States or its Allies, or otherwise within the provisions ofthe Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant CARLA J. LINNANE is over 18 years of age and resides at, 18 PLAINVIEW ROAD, CAMPHlLL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. JJ1tu\X ~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff LEGAL DESCRIPTION ALL TIIAT CERTAIN tract of parcel of land situate in Lower Allen Township, Cumberland County, PelJ!lsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Easterly line of Plainview Road which point is 107.87" feet North of the Northeasterly corner of Hartzdale Drive and Plainview Road extended and at dividing line between Lots Nos. 11 and 12, Block "K" on the hereinafter mentioned Plan of Lots; thence along the Easterly line of Plainview Road in an arc having a radius of 200 feet in a Northwesterly direction to the right, 21.20 feet to a point; thence further along same, North 42 degrees 26 minutes West 53.83 feet to a point at dividing line between Lots Nos. 12 and 13, Block "K" on said Plan; thence along said dividing line North 47 degrees 40 minutes East, 125 feet to a point; thence along the Westerly line of Lots Nos. 9 and 10, Block "K" on said Plan, South 42 degrees 20 minutes East, 75 feet to a point at dividing line between Lots Nes. 11 and 12, Block "K" aforesaid; thence same, South 47 degrees 40 minutes West, 123.87 feet to a point, the place of beginning. BEING improved with a brick and frame ranch dwelling known as and numbered 18 Plainview Road. .. TITLE TO SAID PREMISES IS VESTED IN Carla J; Liunane, single by Deed from Elmer E. Busler and Diane 1. Busler, his wife, dated 11/10/2000 and recorded 11/15/2000 in Record Book 233, Page 1103. PROPERTY ADDRESS: 18 PLAINVIEW ROAD, CAMPHILL, P A 17011 TAX PARCEL: # 25-0020-026 t ;:v (J "'9- ~ #=- t ~ r -- W 8 ('\ ..l:: w.) ~ C> C2' ~ -..J ~ r ~~G'n ~ ~ .--. ---..c.. (.."-~ ~ 0;.;:.:.) .r- -rl ----1 r-'., GO -" ,--) .- CJ . CJ .r.- FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SUITE 1400 PmLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION CARLA J. LINNANE NO. 2003-06514 CIVIL TERM Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage () non-owner occupied () vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. )~~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff o (" ~~ ~ -n r ee; c C~) n \'-'~ --'1 .' -i PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. No. 2003-06514 CIVIL TERM CARLA J. LINNANE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $106,273.67 Interest from 2/1 1104 to JUNE 9, 2004 (per diem -$17.47) $2,078.93 and Costs TOTAL $108,352.60 J~ Je.J;Am((IYl FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. - _:T ;~ ::.:.::~ .;r u_ C,'"""? c> ~~3 )- '- '::~ . "-"', -/;z _ Ci.~: -;:': ' ~-J- " "'? .. ..... .... \1 ' (l- '-' I I I I ()~O\lO(:-. Ooo(r.)()~o- v;j~O:'l~ _rf}V7 "- --c;, ..... J"r:J&.-. ~:5 ~ ~ ::t--- -+-- B a --- .~ ~ 3 ~ t'- ....: ~ 1),. "'" -... ~ ~~ C1J -.J d (:!. :~8 cC'l ,:.J ~,!- '-J D f;l;.;:$ Z oz 0 ~= ... oo~ ... 13 <..:I U ;:J o~ f;;;l... UZ U ~.... i:: ..:100 ...... ~'E' ~tt:: ~~ " lloZ Z . f;;;l ~.- '" 000 ~ f;;;l = -., +-' f;;;l . Zz ~.s " ~~ '" .....:1 .0 Of;;;l f;l;. C> ,," ~= >> ...f;;;l Z 0'" ~,.. ...-I ~~ ~P,: '" uf;; Z ... ::;:i: E ... ... ~~ ... Qil~ .<8 '" o~ ~ ..:I >> ~~ l> uz f;;;lZ .. ..; ~t, ~lU go f;l;.;:J f;;;l0 < ~~ " s ~u P- 00 ",... ~ 01:: .~g " U ~~ '< l> !i;~ f;l;. C> \+:> '" ~ f;;;l6 '" " ;:J~ !i;... U llo .€J ... ." 8~ o;!l u .i::j -< ~'" ~ f;;;lf;;;l ~ .!l == .~ ...~ ~ Z;:J ...u . . .- LEGAL DESCRIPTION ALL TIIAT CERTAIN tract of parcel of land situate in Lower Allen Township, Cumberland County, PelJ!lSylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Easterly line of Plainview Road which point is 107,87-feet North of the Northeasterly corner of Hartzdale Drive and Plainview Road extended and at dividing line between Lots Nos. 11 and 12, Block "K" on the hereinafter mentioned Plan of Lots; thence along the Easterly line of Plainview Road in an arc having a radius of 200 feet in a Northwesterly direction to the right, 21.20 feet to a point; thence further along same, North 42 degrees 26 minutes West 53.83 feet to a point at dividing line between Lots Nos. 12 and 13, Block "K" on said Plan; thence along said dividing line North 47 degrees 40 minutes East, 125 feet to a point; thence along the Westerly line of Lots Nos. 9 and 10, Block "K" on said Plan, South 42 degrees 20 minutes East, 75 feet to a point at dividing line between Lots Nes. 11 and 12, Block "K" aforesaid; thence same, South 47 degrees 40 minutes West, 123.87 feet to a point, the place of beginning. BEING improved with a brick and frame ranch dwelling known as and numbered 18 Plainview Road. .. TITLE TO SAID PREMISES IS VESTED IN Carla J. Linnane, single by Deed from Elmer E. Busler and Diane 1. Busler, his wife, dated 11/10/2000 and recorded 11/15/2000 in Record Book 233, Page 1103. PROPERTY ADDRESS: 18 PLAINVIEW ROAD, CAMPHILL, PA 17011 TAX PARCEL: # 25-0020-026 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-6514 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff(s) From CARLA J. LINNANE (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) Ifproperty 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 himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $106,273.67 LL $.50 Interest FROM 2/11/04 TO 6/9/04 (PER DIEM - $17.47) - $2,078.93 AND COSTS Arty's Comm % Due Prothy $1.00 Atty Paid $118.97 Other Costs Plaintiff Paid Date: FEBRUARY 18, 2004 CURTIS R. LONG (Seal) Prothono~ -.....ay: L.b1n-..iJ. P .'7'pCl'lfl.lV....r- Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PIDLADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION CARLA J. LINNANE NO. 2003-06514 CIVIL TERM Defendant( s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,18 PLAINVIEW ROAD, CAMPHILL, PA 17011 . I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CARLA J. LINNANE 18 PLAINVIEW ROAD CAMPHILL, PA 17011 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Chase Manhattan Mortgage Corporation 3415 Vision Drive Columbus, OR 43219 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. 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) Lower Allen Township 1993 Hummel Avenue Camp Hill, P A 17011 Lower Allen Township Authority 102 Limekiln Road New Cumberland, P A 17070 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 18 PLAINVIEW ROAD CAMPHILL, PA 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Februarv II, 2004 DATE :iMnti\ ,~ PRANK FEDERMAN, ESQUIRE Attorney for Plaintiff (> "', c:., c.,;:) .L- il <-., -,., rr-; t.;.~; r-, I c ~~) .r.- MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 2003-06514 CIVIL TERM v. CARLA J. LINNANE Defendant(s). February 11, 2004 TO: CARLA J. LINNANE 18 PLAlNVIEW ROAD CAMPHILL, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN A GAINST PROPERTY. " Your house (real estate) at, 18 PLAlNVIEW ROAD, CAMPHILL, PA 17011. is scheduled to be sold at the Sheriffs Sale on JUNE 9. 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $106,273.67 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. 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. I. Ifthe Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale 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 ifthe sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL TIIA T CERTAIN tract of parcel of land situate in Lower Allen Township, Cumberland County, PelJ!lSylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Easterly line of l'lainview Road which point is 107.8.1 feet North of the Northeasterly corner of Hartzdale Drive and Plainview Road extended and at dividing line between Lots Nos. 11 and 12, Block "K" on the hereinafter mentioned Plan of Lots; thence along the Easterly line of Plainview Road in an arc having a radius of 200 feet in a Northwesterly direction to the right, 21.20 feet to a point; thence further along same, North 42 degrees 26 minutes West 53.83 feet to a point at dividing line between Lots Nos. 12 and 13, Block "K" on said Plan; thence along said dividing line North 47 degrees 40 minutes East, 125 feet to a point; thence along the Westerly line of Lots Nos. 9 and 10, Block "K" on said Plan, South 42 degrees 20 minutes East, 75 feet to a point at dividing line between Lots Nes. 11 and 12, Block "K" aforesaid; thence same, South 47 degrees 40 minutes West, 123.87 feet to a point, the place of beginning. BEING improved with a brick and frame ranch dwelling known as and numbered 18 Plainview Road. .. TITLE TO SAID PREMISES IS VESTED IN Carla J; Linnane, single by Deed from Elmer E. Busler and Diane I. Busler, his wife, dated 11/1012000 and recorded 11/1512000 in Record Book 233, Page 1103. PROPERTY ADDRESS: 18 PLAINVIEW ROAD, CAMPHILL, PA 17011 TAX PARCEL: # 25-0020-026 ~;: (-:. C','" --,-, f-;', c:.! -"1 c. CJ .r:- AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1Ne. No. 2003-06514 CIVIL TERM CUMBERLAND COUNTY PIT DEFENDANT(S) SERVE CARLA J. LINNANE AT 18 PLAlNVIEw ROAD CAMPmLL,PA 17011 CARLA J. LINNANE ACCT. #1504649576 Type of Action .. Notice of Sheriff's Sale Sale Date: JUNE 9, 2004 SERVED Served and made known to C-o~\-a J. l-..;~lJ-a.."'~Defendant,onthe c.!)""d-4 dayof ft{6>({cL, ,200$ at //:43 ,0'cIock~.m.,at 1<<6 PI1l.'vv',o::vw R.d'J C-a.\.<<f_~"\\ . Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. I ,r )( Adult family member with whom Defendant(s) reside(s). Relationship is .s::i~ ~ lA """ II\... Adult in charge ofDefendant(s)'s residence who refused to give name or rela1!io p. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. . A-~4Ie\{ (301 e t\. ~ I , (I - _ cC..v \<.. lAa,', "'- Description: Age j 8 Height 5' ~ Weight I-1!:il Race (/(j c.. Sex L Other No 0 ~ a sse S I, C\OlV ~ f>.lCL l, ~d Ii ::~o~etent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the No e ofShenffs Sale ill the manner as set forth herem, Issued ill the captioned case on the date and at the address indicated above. NOTARIAl. SEAl. . I.IJCIU.E H. CARTY, Nol8ry PublIc Sworn to and subsc'lbed ~TownshIp. FIBIIklfn CoII1IY before me this ~fl My ..., ExpIrie Nov. 10, 2tXJ7 of,(l\.....<-L, ,200 ~ /J/J fJa:9; Notary: ~ By: ~ rJ..- PLEASE ATTEMPT SERVICE A EAST 3 TIMES. INDICATE DA S & MES OF SERVICE ATTEMPTED. NOT SERVED On the day of ,200~ at o'clock _.m., Defendant NOT FOUND because: Moved _ Unknown _ No Answer Vacant 1" Attempt: / / Time: 2nd Attempt:_ / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 ,..> 0 =" 5? -n -l )> :I"T" -Cl n'~ --.1 h 'Oe:; -C' UJ 06 ::;i-,-; ~- --.'-n ~:,~; rj -"~ -- r. r:~) 00' _'0' rp ",OJ ...........:. -,.:~ IN THE COURT OF COMMON PLEAS OF CUMBERLANID COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC ) CIVIL ACTION ) vs. CARLA J. LINNANE ) CIVIL DIVISION ) NO. 2003-06514 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. hereby verify that on February 20, 2004 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: April 16, 2004 i.1wilLJuf 0 k.n1J) f) FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff l~ - - \0 00 -...,J 0\ VI .,f:::.. w ~z V; :;;: W N _ 0 ~I ~g, '" ~ (gHlfiji ~"a~!1; ~gI5!;lg. WI.~O ~ ~lil 6. "~'l5'[ ~ 8 s,; g .... <;/'l"" 0 !f~j~6 ~ ~~ ,. ~ Ii 2._.?5~ In" g.~~ ~rt o III _,.Q a~H g .j ~ g -< b'l ~ ~ e. ~ ~, ~- ll~iji~i !l'"(;,a rt 8'-6 0 ",J~a8. [p:~ ilNq ~~g~~ -~ rt _ A. ..... ii'0l ~ . !'. ~J 0 iF~ ~ 0; ~~ 8lR o . . . ~ ~ fiF 0" ~ .., !jl ~ if N 1 Q '" II g ~ t"' S' N _ " t"' t"' 0 @ 0 I:l :' ~~~~~I~~ ~~~i~~e~ ::j66~~:iJ::Ji ~~~~.~~~~ punll al ~ I ::8 m ~ m o 0 ~::8 s; ~ ~.S .~~o~ oNt"'nE;mo ~~~~2~~ .~ti1~~~~.:;! ~enr~~w v.~i;::"'roz .:5 ~ ~ :: ~ ~ 0 [3 E; ~ 8 ~ ~ ~ i~~-=-~~ n 8 8 (3 ~ o Si - tl1 CIl t"' m ~ ~ ~ i ~ _~ @ ~ ~ ~ ~ c5 tfJ 00 N -...,J tl:l ~ ~ 0 c .. > ::l- ei' CD z <: 3 CT CD .., o>~ ..."'.. '" '" e " ., " = ~ r= "''''= ~ '" "C~O:;l e: :5 ~"'J I~~~ F-~Q~ ~~~~ ::os~~ " '" o~~t8 't'~o-tt1 -oElt"" ~~~~ < ",. "'~S't"" 1 p.. a. ~ ~ClJO'"d ... E.:'l ..,,, nl - .g ~ " 0 ., ~~1ff3 Po.s~ .~9'" '" .",~ /8,~ n- .! J-"ili~ . ~ ~-""N~ ; 02 1A $ 02.100 . 0004300377 FEB 20 2004 . MAilED FROM ZIP CODE 19103 I / ..., ~:':=:) c.:;::;;. J:" ?"" , :;:J \..0 -v ~- . ~ . c) -n =-~ i'1'1 :o_:~ f". IT\ t..r-; ,-. ..'f' r,) cr. o AFFIDAVIT OF SERVICE PLAINTIFF WASIDNGTON MUTUAL BANK, FA, SIIII TO HOMESIDE LENDING, INC. No. 03-6544 CIVIL TERM CUMBERLAND COUNTY PIT DEFENDANT(S) JERAMIE JOHNSON TONYA FAIR SERVE JERAMIE JOHNSON AT 13 STEPHENS ROAD CAMP HILL, PA 17011 ACCT. #19338571 Type of Action .. Notice of Sheriff's Sale Sale Date: JUNE 9, 2004 Served and made known to ~'I'l..,;l. vIA', ~ (J;)\., t--l:>o t-J ate: ~c ,0'c1ock..ti.m.,at /3 S~ke~9 SERVED fi.. , Defendan~ on the c; R.d . / 0'"<1' /J/( dayof ~d", ,200!/- , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. . I ( .'X Adult family member with whom Defendant(s) reside(s). Relationship is (1; ~a-lo, \t.;> N:t-- ---;(;IJ y~ L. Adult in charge of Defendant( s)' s residence who refused to give name orrelallionship. , Q-' rc.. Manager/Clerk of place ofIodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant{s)'s office or usual place of business. an officer of said Defendant(s)'s company. I !b~ , ( ILL I C Description: Age.:J..2. Height .6::.2 Weight -L:[O Race ~ Sex ~ Other IV 0 5 \ OS' Sc.., I, e:.6y~ ~c c:. t. C},v<.1-y 'T-., a competent adul~ being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice ofSheritrs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Other: cavle.. k&', 'R.. Sworn to and subsc~jbed befo me t!)is ~ d"l of Ct.., '200..!:f~/ /)/J Notary: By: ~ I, PLEA ATTEMPT SERVIC T LEAST 3 TIMES. INDICATE I Aii:.u... OF "R"'", An'Mn '0 NOT SERVED On the day of .200_, at o'clock _.m., Defendant NOT FOUND because: - Moved _ Unknown_ No Answer _ Vacant 1 sl Attempt: / / Time: 2nd Attempt:_ / 1 Time: 3rd Attempt: 1 1 Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 ~:J r-.' c.:) (::;::J 0=- ~ :"'C 0,"""--' .~. ..;;-), ::2 ....0 o ,1 -< T-n rn;:.;:: -Ofll, ;2~~, J~-i .-"1 '~'". ~~ :s r;~ (1"1 b AFFIDAVIT OF SERVICE PLAINTIFF W ASffiNGTON MUTUAL BANK, FA, SIIII TO HOMESIDE LENDING, INC. CUMBERLAND COUNTY No. 03-6544 CIVIL TERM PIT DEFENDANT(S) JERAMIE JOHNSON TONYAFAlR ACCT. #19338571 SERVE TONYA FAIR AT 13 STEPHENS ROAD CAMP ffiLL, PA 17011 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 9, 2004 SERVED Served and made known to ---r:; N 't --a r:;:; ~ , Defendant, on the ,200fat 8:"",0'clock..s!m.,at )~ 5J-e(he10'5' Rcl../ , Commonwealth of Pennsylvania, in the manner described below: c;rfi.- 0"" r day of jv(fJrC. C L.. ~;Ii X Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant( s)' s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. ,,' ..!..!.!Jlj,c, . da"t!A~~~ Description: Age 3S' Height~ Weight / 0 Race W("., s"xL Other No 8r~Se 5' I, Cb"e>JUt~ ~, Git-tr .--;)V-. 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. Other: Sworn to and subscribed befor me this ..G.!i. day of Ll 2004. /I /)/7 Notary: rqJ ~~ By: ~ . ASE ATTEk;;SE~CE AT LEAST 3 TIMES. INDlCAT ATTEMPTED. NOTARIAL SEAl. lUClLE H. CARTY, = PtmIc ~~Nov.1~ 7 c: & TIMES OF SERVICE NOT SERVED On the day of ,200_, at o'clock _.m., Def,:ndant NOT FOUND because. Moved Unknown No Answer Vacant 1 'I Attempt: 1 / Time: 2nd Attempt: 1 1 Time: 3rd Attempt: 1 1 Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Altornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 '" (::'7_ 0 ~ -n > :.:;j -u R1 -n ;;Q , --0 m :. :~J 0 \.<) ';3 , l - C:,\ -'-I ~:T~ -n -. - (') :"il r:-:) , ") ~ ~::-, en -.,.~ 0 ", Mortgage Electronic Registration Systems, Inc. VS Carla J. Linnane In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-6514 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Frank Federman. Sheriffs Costs: Docketing Poundage Posting Handbills Advertising Law Library Prothonotary Levy Mileage Postpone Sale Surcharge Law Journal Patriot News Share of Bills 30.00 14.30 15.00 15.00 .50 1.00 15.00 15.18 20.00 20.00 284.00 290.20 29.26 $ 749.44 Sworn and subscribed to before me This I~e day of ~~MJ...- 2004, A.D0r-' () ~.~ Prothonotary ?~~ R. Thomas Kline, Sheriff ~.'.1 BY ", Real Est Deputy '\.$0 eft- yl/37. ~ 1J::"33~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION CARLA J. LINNANE NO. 2003-06514 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .18 PLAlNVIEW ROAD. CAMPHILL. PA 17011 . I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CARLA J. LINNANE 18 PLAINVIEW ROAD CAMPHILL, P A 17011 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Chase Manhattan Mortgage Corporation 3415 Vision Drive Columbus, OH 43219 4. Name and address oflast recorded. holder' of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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) Lower Allen Township 1993 Hummel Avenue Camp Hill, P A 17011 Lower Allen Township Authority 102 Limekiln Road New Cumberland, PA 17070 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 18 PLAINVIEW ROAD CAMPHILL, PA 1701 I Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. February II, 2004 DATE ~.~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, No. 2003-06514 CIVIL TERM v. CARLA J. LINNANE Defendant(s). February II, 2004 TO: CARLA J. LINNANE 18 PLAlNVIEW ROAD CAMPHILL, P A 17011 ""THIS FIRM IS A DEBT COLLECTOR A TTEMPTlNG TO COLLECT A DEBT AND ANY INFORMA TlON OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT; BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at . 18 PLAlNVIEW ROAD. CAMPHILL. P A 1701 I. is scheduled to be sold at the Sheriffs Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of$106.273.67 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (the mortgagee) against you, In the event the sale is continued. an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. 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. I. 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 maybe 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 ifthe 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. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe property as if the sale never happened. 5 . You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share ofthe money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7 . You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PAl 7013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL TIIAT CERTAIN tract of parcel of land situate in Lower Allen Township, Cumberland County, PelJ!lSylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Easterly line of Plainview Road which point is 107,S'Heet North of the Northeasterly corner of Hartzdale Drive and Plainview Road extended and at dividing line between Lots Nos. 11 and 12, Block "K" on the hereinafter mentioned Plan of Lots; thence along the Easterly line of Plainview Road in an arc having a radius of 200 feet in a Northwesterly direction to the right, 21.20 feet to a point; thence further along same, North 42 degrees 26 minutes West 53.83 feet to a point at dividing line between Lots Nos. 12 and 13, Block "K" on said Plan; thence along said dividing line North 47 degrees 40 minutes East, 125 feet to a point; thence along the Westerly line of Lots Nos. 9 and 10, Block "K" on said Plan, South 42 degrees 20 minutes East, 75 feet to a point at dividing line between Lots Nes. 11 and 12, Block "K" aforesaid; thence same, South 47 degrees 40 minutes West, 123.87 feet to a point, the place of beginning. BEING improved with a brick and frame ranch dwelling known as and numbered 18 Plainview Road. .. TITLE TO SAID PREMISES IS VESTED IN Carla J; Linnane, single by Deed from Elmer E. Busler and Diane 1. Busler, his wife, dated 11/1012000 and recorded Ilf15/2ooo in Record Book 233, Page 1l03. PROPERTY ADDRESS: 18 PLAINVIEW ROAD, CAMPHILL, P A 1701 I TAX PARCEL: # 25-0020-026 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANLA.) COUNTY OF CUMBERLAND) NO 03-6514 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From CARLA J. LINNANE (I) You are directed to levy upon the property of the defendant (s)and to sel! 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 fol!ows: 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 ofthe defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $106,273.67 LL $.50 Interest FROM 2/11/04 TO 6/9/04 (PER DIEM - $17.47) - $2,078.93 AND COSTS Atty's Corum % Due Prothy $1.00 Arty Paid $118.97 Other Costs Plaintiff Paid Date: FEBRUARY 18, 2004 (Seal) CURTIS R, LONG Prothonota;:? "-lIT: ~a.'v~ .2. rT1) Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQillRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Real Estate Sale #19 On February 27, 2004 the sherifflevied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, P A Known and numbered as 18 Plainview Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 27, 2004 By: -J t cLvtkl ~ Real Estat~ !Peputy ~ ~ ~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATE 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: APRIL 16,23,30,2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 19 l )L~ Isa Marie CoYlf:Editor Writ No. 2003-6514 Civil Mortgage Electronic Registration Systems, [ne, VS. Carla J. Linnane Atty.: Frank Federman LEGAL DESCRIPTION ALL THAT CERTAIN tract of par. , eel of land situate in Lower Allen Township. Cumberland County. Pennsylvania, more particularly bounded and descIibed as fallows, to wit: BEGINNING at a point on the Easterly Hue of Plain view Road which point is 107.87 feet North of the Northeasterly corner of Hartzdale Drive and PlaJnview Road extended and at dividing line between Lots Nos. 11 and 12. Block "K" on the 'h........,....<:Lft-~... nl...nUnnPd 'Pmn of 1 ,.ots~ TO AND SUBSCRIBED before me this 30 day of APRIL 2004 ~~.J ~. Jm4ACh-v N6MnM. SEAL # lOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 ~ Writ No. 2003.6514 Civil Mortgage Electron1c Registration Systems, Inc. vs. Carla J. Linnane Atty.: Frank Federman LEGAL DESCRlPTI0N ALL THAT CERTAIN tract of par. cel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and descnbed as follows, to wit: BEGINNING at a point on the Easterly line ofP1ainv:lew Road which point is 107.87 feet North of the Northeasterly corner of Hartzrlale Drive and Plainview Road extended and at dividing line between Lots Nos. 11 and 12, Block ilK" on the hereinafter mentioned Plan of Lots; thence along the Easterly line of Plainview Road in an arc having a radius of 200 feet in a Northwest- erly direction to the right, 21.20 feet to a point: thence further along same, North 42 degrees 20 minutes West 53.83 feet to a paint at divid- ing line between Lots Nos, 12 and 13, Block "K" on said Plan; thence along said dividing line North 47 degrees 40 minutes East, 125 feet to a pomt: thence aJong the West. erly line of Lots Nos. 9 and 10. Block "K" on said Plan. South 42 degrees 20 mInutes East, 75 feet to a point at dividing line. between Lots Nos. 11 and 12. Block"K" afore. said; thence same, South 47 de- grees 40 minutes West, 123.87 feet to a point, the place of beginning. BEING improved with a brick and frame ranch dwelling known as and numbered 18 Plainview Road. TlTLE TO SAID PREMISES IS VESTED IN Carla J. Linnane. stngle by Deed from Elmer E, Busler and Diane L Busler. his wife. dated 11/ 10/2000 and recorded 11/15/ 2000 in Record Book 233. Page 1103. PROPERTI' ADPRESS: 18 Plain- view Road. Camp Hill. PA 17011. TAX PARCEL: #25-0020-026. //YIsa Mane ~uYI~' ~--- swo~ TO AND SUBSCRIBI 30 day of APRIL 4 ~~~.L. xlff1~ NO~ SEAL LOIS E. SNYDER. Notary Pv Carlisle Bow. Cumberland C< My Commission Expires March , THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and..Il:1e. 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 andlor Sundayl Metro editions which appeared on the 27th day{s) of April and the 4th and 11th day(s) of May 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauph' in Miscellaneous Book "M". Volume 14, Page 317. - PUBLICATION COpy S ALE #19 ~a. .....J:"'~ 1t Wdt~. 14 TiIm . / ~..;\. "."~i-;. . "'.0'1 ............-.....'....~t..'......... "...1:.._, ..~.,". AIIf:". .Jt. , ,':..c:,.,t/,..;.,...':..... ,". . 1~::!J1j.."~..'~.~'i.lt:o. ~.~. ...' ""'*' ~=-~.""...rio:;".'.McllY.'. '....' , "'1'IlIIYirit~_}lOiIIIJi'!lJf.a1iflll ~oIlbo~it ~......"!IIIbilIIe ~!..t+Jl/oId!lLiJ ~JIDe.".-:.,,:~~.. P bll h ' R . f Ad . let 11I..11Io...'.. . . " . 111I.... ..t.iioi;... '. user s ecelpt or vertls ng os tIioDiIotIIbi .' ....." . . .'.~ ill .. ItC ~. .Id. or''llJO... hI'. publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general crfculal16n~ h"'ereby aCknowleage receipt of the aforesaid notice and pUblication costs and certifies that the same have been duly paid. Sworn to and subsc ib d be~ore . is 28th da ~M 04 A.D. \ NOTAR SEAl I/,. / /4Af1 // / Terry L. RusseH, NolaI'( iiL- ~ OtyofHarrlsburg, Dauphin Counly NOTARY PUBLIC . My Commlsslon expires .lune 6. 2~, commission expires June 6. 2006 Membtr, Pennsylvania NloclallOnof Nolaritr CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE. PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 290.20 B~.........................._...................................._. , ALL THAT CERiA(N tract or Pllll.......... slmal:e in Lower Allen Township, Cumberland Count)', Pennsy\vania, mote particularly bDunded and de.'iCfibW ~ fol\ow&, to wit: BEGINNING at a point on the Eal>\erly line of p\ai.nview Read which point is 107.87 ~ North of the. Northeasterly cornet of Hartzdale Drive and Plainview Rood extended and at dividi.ng lint between Lots Nos. 1 J and 12, Block lKl on the. hereinafter menlirmed Plan of Lots; thence along the Easterly line of Plainview Road 111 an arc having a radius of ZOO feet in .' Northwesterly direc.tion to the right, 21.20 feet 111 a p<)int; thence further along same. North 4~ oegrees 20 mmutes West 53.83 feet to a point at dividing line between Lots No~. \ 2 and 13, Block lKi on said Plan; thence along said dividing liDe North 47 degrees 40 minutes East, 125 feet 10 a point; thence alDng the Westerly line of Lots Not. 9 and 10, BlOtk 1K1 on said Plan. South 42 degrees 20 minutes East, 15 feet to a poiBt at dividing llfle between Lots Nos. \1 and'12, B1oct, )K'i aforesaid: tr~ce same, South 47 degtee& 40 minutes West, llUn feet to a point, the place of BEGINNlNG. BEING impyovp.(' with a brick and.'frame. ranch dwelling Known as and numbered 18 Plainview Road. Tl'TI..EiCl SAID ptemisesis vestediaCtrla J. Linnane, single, by Deed ftom Elmer E. Buslet and Diane 1. Buster, his wife, dated 11110??oo and recorded lllt512000 in Rerotd Boot 233, Page tl03- PROPElU'i !\DDRESS: 18 PlsirMewlllioll, Camp HiIl.PA 110H. ,/oJ( PI\RCEL No. 25-0020.{}26. ToTHE PATRltJl-N"v For publishing the notice or ~ hereto on the above stal Total Publisher's Receipt for Advertisin ?o.. publi~her of The Patriot-News and The Sun ,dge receIpt of the aforesaid notice and publica! PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. No. 2003-06514 CIVIL TERM CARLA J. LINNANE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTlillY: Issue writ of execution in the above matter: Amount Due $106,273.67 Interest from 2/11/04 to JUNE 07, 2006 (per diem -$17.47) $14,797.09 and Costs TOTAL $121,070.76 , DANIEL G. SCHMIEG, E IRE One Penn Center at Subur tation 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. u: s '':\'0 '('~r)t~' 6t:~ :;J.t.-U i-L- ::c ,- '-'- o ,::--1 J ~ 0".- - 0- C'I C'I '--" 1.,1.1 o I-"~ c::.o c." c-' .,... \::-:;: -<, 1, , .' r' -:1,-M qp2 - - - - - - -Jt - - '" - {J - - ::: - p.d I I (j (j~ ::z- \) :J 0 - () (jCJ: -::r (j) () a ()' - '--1~ 0:- u) , l.n (J "C7)- --"2 :::r <.t)Cl'- --. ~ ~ t- :.J <.) < ~ ........ o~ rJJ ,... ~~ u t, ~7' u'!: ~'E ..;lrJJ .... , ~ ~~ ZorJJ ZoZo ~'$ ~ ~a ~~ .....s ,...~ Zo 0" u't, ~ OJ 8~ Ij~ J, ..;l ~~ uZo ~~ .. ,..; ~Oj ...;J ~g < ~ 00 ~ ~~ u ~~ o .. ~~ .... '" ~b ;J~ ~,... u ~ 8~ o~ u '$" ~ ~~ ~ ,...~ ~ ~;J u ci~ ~~ c:--rl. ~ <;:'-< - ... ~ ... ~ <=> ... ... < <:.0 ~ ~ $. ~ u ~ "3 ~ b eft " ~ p e: ~ ?> 6 '!: eft t) ~ g- t P- " ~ t) ... p <j, ~ eft " .;,; -l3 " ~ ,;: \.to - ------ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-6514 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (5) From CARLA J. LINNANE, (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the 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 $106,273.67 LL Interest FROM 2/11104 TO 6/7/06 (PER DIEM - $17.47) - $14,797.09 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $880.91 Other Costs Plaintiff Paid (Seal) t}~~. - Prothonot~ 'L-;/7 By: Date: DECEMBER 22, 2005 Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 ALL THAT CERTAIN tract of parcel of land situate in Lower Allen Township, Cumberland County, PelJ!lSylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Easterly line of Plainview Road which point is 107.87 feet North of the Northeasterly corner of Hartzdale Drive and Plainview Road extended and at dividing line between Lots Nos. 11 and 12, Block "K" on the hereinafter mentioned Plan of Lots; thence along the Easterly line of Plainview Road in an arc having a radius of 200 feet in a Northwesterly direction to the right, 21.20 feet to a point; thence further along same, North 42 degrees 20 minutes West 53.83 feet to a point at dividing line between Lots Nos. 12 and 13, Block "K" on said Plan; thence along said dividing line North 47 degrees 40 minutes East, 125 feet to a point; thence along the Westerly line of Lots Nos. 9 and 10, Block "K" on said Plan, South 42 degrees 20 minutes East, 75 feet to a point at dividing line between Lots Nos. 11 and 12, Block "K" aforesaid; thence same, South 47 degrees 40 minutes West, 123.87 feet to a point, the place of beginning. BEING improved with a brick and frame ranch dwelling known as and numbered 18 Plainview Road. BEING Lot No. 12, Block "K" in Plan of Country and Town Homes, Inc., which Plan is recorded in the Cumberland County Recorder of Deeds Office in Plan Book 7, Page 4 L TITLE TO SAID PREMISES IS VESTED IN Carla J. Linnane, single by Deed from Elmer E. Busler and Diane I. Busler, his wife, dated 11/10/2000 and recorded 11/1512000 in Record Book 233, Page 1103. BEING KNOWN AS: 18 PLAINVIEW ROAD, CAMP HILL, PA 17011 TAX PARCEL # 13-25-0020-026 4 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION CARLA J. LINNANE NO. 2003-06514 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., 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 ,18 PLAINVIEW ROAD, CAMP HILL, PA 17011 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CARLA J. LINNANE 18 PLAINVIEW ROAD CAMPHILL, PA 17011 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None . . 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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) LOWER ALLEN TOWNSHIP 1993 HUMMEL AVENUE CAMP HILL, P A 17011 120 LIMEKILN ROAD NEW CUMBERLAND, PA 17070 LOWER ALLEN TOWNSHIP AUTHORITY 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 18 PLAINVIEW ROAD CAMP HILL, ]'A 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 21, 2005 DATE DANIEL G. SCHMIE Attorney for Plaintiff QUIRE r-> (';;?~ ~~,~ C1 r...-.... " l'~ rv ~ 0-1. fh~~ -::'j ,.-, : ~~'~:~;';', - ~ ~,~ -?, ';,.~ -').(~ "/.r-O -::.~\ JS .4 .- .' - t~..) PHELAN HALLINAN AND 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 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION CARLA J. LINNANE NO. 2003-06514 CIVIL TERM Defendant(s). 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: (X) an FHA mortgage () non-owner occupied () vacant o Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, Attorney for Plaintiff o c. r-> C":_) (~.;J (-'''' r".' c:::' \"'-1 C-, N 1'<) r '.-- '.~-j ..( f"-) C) -n .-1 -.C""1i t~~~i:- "-;-' -. .'. f~-" --- --:', -' . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, CUMBERLAND COUNTY No. 2003-06514 CIVIL TERM v. CARLA J. LINNANE Defendant(s). December 21,2005 TO: CARLA J. LINNANE 18 PLAINVIEW ROAD CAMPHILL, PA 17011 "THIS FIRM IS A DEBT COLLECTOR A ITEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN AITEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" Your house (real estate) at, 18 PLAINVIEW ROAD. CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on JUNE 07, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $106,273.67 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERlFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. 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. I. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale ifthe bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner 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 LA WYER 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 ~ ALL'rHAT CERTAIN tract of parcel of land situate in Lower Allen Township, Cumberland County, PellJlSylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Easterly line of Plainview Road which point is 107.87 feet North of the Northeasterly corner of Hartzdale Drive and Plainview Road extended and at dividing line between Lots Nos. 11 and 12, Block "K" on the hereinafter mentioned Plan of Lots; thence along the Easterly line of Plainview Road in an arc having a radius of 200 feet in a Northwesterly direction to the right, 21.20 feet to a point; thence further along same, North 42 degrees 20 minutes West 53.83 feet to a point at dividing line between Lots Nos. 12 and 13, Block "K" on said Plan; thence along said dividing line North 47 degrees 40 minutes East, 125 feet to a point; thence along the Westerly line of Lots Nos. 9 and 10, Block "K" on said Plan, South 42 degrees 20 minutes East, 75 feet to a point at dividing line between Lots Nos. II and 12, Block "K" aforesaid; thence same, South 47 degrees 40 minutes West, 123.87 feet to a point, the place of beginning. BEING improved with a brick and frame ranch dwelling known as and numbered 18 Plainview Road. BEING Lot No. 12, Block "K" in Plan of Country and Town Homes, Inc.. which Plan is recorded in the Cumberland County Recorder of Deeds Office in Plan Book 7, Page 41. TITLE TO SAID PREMISES IS VESTED IN Carla J. Linnane, single by Deed from Elmer E. Busler and Diane I. Busler, his wife, dated 11/10/2000 and recorded 11115/2000 in Record Book 233, Page 1103. BEING KNOWN AS: 18 PLAINVIEW ROAD, CAMP HILL, PA 17011 TAX PARCEL #13-25.0020-026 o C:. N ~:; c.n C:.1 r';l C) r,) N x:- .-, r-.) c) '-n ::;~ ~,-, ~:.l~, ',I',:;) :..4~_1, :? .-""- ) ,::c' <\~'-A '::-::::'\ "';J :..(. - ()) - c;, ')'/</ UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA INRE: Carla J. Baer a/kla Carla J. Linnane CHAPTER 13 BK. NO.I-04-bk-03508 MDF Debtor Mortgage Electronic Registration Systems, Inc. Movant v. Carla J. Linnane a/kla Carla J. Baer a/kla Carla Linnane Respondent ORDER MODIFYING SECTION 362 AUTOMA TIC STAY Vpon Consideration ofthe Motion of Mortgage Electronic Registration Systems, Inc. (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 V.S.C. 362 is modified with respect to premises, 18 Plainview Road, Camp Hill, PA 17011, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises. By tht Com1, ~~~~ This electronic order is signed and filed on the same date. Dated: December 2, 2005 . , 100.00 AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY JMG No. 2003-06514 CIVIL TERM DEFENDANT(S) CARLA J. LINNANE ACCT. #1504649576 SERVE CARLA J. LINNANE AT 18 PLAINVIEW ROAD CAMPIDLL, PA 170ll Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 07, 2006 SERVED L,1 "e'A Served and made known to n-" al 5. to , o'clock -t?m.. at t ~ PMf , Defendant, on the <:'1 day of[>O(:___ __, 200~. If tA-,\,.; v~"'~ U tA-~P It H > Conunonwealth of Pennsylvania, in the manner described below: Y Defendant personally served. Adult family member with whom Defendant(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 oflodging in which Defendant{s) reside(s). Agent or person in charge of Dcfendant(s)'s office or usual place of business. __ an officer of said Defendant(s)'s company. Other: Description: Age 4') . . Height -) 'f Weight {l c> Race ~ Sex ~ Other I, Itf~,~ "2~__~-Alh~-7 , 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 Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. ~A9 y: , ( Jf!i~RVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. PATRICIA E Hi-,-:i"" Commission Expires June -E '- -" NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unkno\vn No Answer Vaeant 1" Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this ~ day of , 2QO _ Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 c.L o .on , C:~l c::o ......() ~ SALE DATE: JUNE 7.2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. No.: 2003-06514 CIVIL TERM vs. CARLA J. LINNANE 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: 18 PLAINVIEW ROAD. CAMPHILL. P A 17011. 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. <jY~ J1 j~ DANIEL SCHMIEG, ESQ Attorney for Plaintiff June 5, 2006 I " MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION CARLA J. LINNANE NO. 2003-06514 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., 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 .18 PLAINVIEW ROAD. CAMP HILL. P A 17011 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CARLA J. LINNANE 18 PLAINVIEW ROAD CAMPHILL, PA 17011 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None ,. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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) LOWER ALLEN TOWNSHIP 1993 HUMMEL AVENUE CAMP HILL, P A 17011 120 LIMEKILN ROAD NEW CUMBERLAND, PA 17070 . LOWER ALLEN TOWNSHIP AUTHORITY 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 18 PLAINVIEW ROAD CAMP HILL, P A 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 21. 2005 DATE DANIEL G. SCHMIE Attorney for Plaintiff QUIRE " " DATE: DECEMBER 21, 2005 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. vs. CARLA J. LINNANE TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): CARLA J. LINNANE PROPERTY: 18 PLAINVIEW ROAD CAMP HILL, P A 17011 Improvements: Residential dwelling Judgment Amount: $106,273.67 CUMBERLAND COUNTY NO. 2003-06514 CIVIL TERM The above-captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on JUNE 07, 2006, at the Cumberland County Courthouse, South Hanover Street, Carlisle, P A at 10:00 a.m.. Our records indicate that you may hold a mortgage, judgment, or other interest on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. If you have any questions regarding the type oflien or the effect of the Sheriffs Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY, as we are not permitted to give you legal advice. The Sheriff will file a schedule of Distribution on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. ~~~lf~ ..8~)lg~ ~~S~- W=l~~a: ~ 5 e'n ~ So /:l, a.::t. Ol 3_oct. ~3~;g ~:r~~~ ~lt.8~ ~ t;.~ 8~ Ii a.:;!" 0 e _. g:" 11 ~ ~ o ~ _.0 iil ~ g ::.~. ~n2ga 8 U)'(i Ei 0 <~::Siiil= 9Ng=~ ~i~ii ~i ~g. ;l I'-/:l .. ~, 3 So l> '" 5' g.[~l> ~ ~ ~g. F .:;!'.g- g ~ "C ~ Eo a ~ is ~ ~.ia~. 5'n3l> .gggg. g'm rn ~ ~ig;:: i--~ If'" ::t';l ~~~'<>. ~~~~ [il~~~ /7~ ., ;QQj ~. ;~ ~J,,",p~~ : r(~~.;~ AT.d <> ;r -.::1' ./' 8 '{sf, .::l ,,---. l'fTNu BoWEs o So::'s' <::::> tP\ $ 01 800 ~ lil'_~~"; .~~; . 02 1A .' H !ll!" ~ NI. ,0004309825 DEe 22 200S ::::~ g1~"u-c..> i .L~ . 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Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Chase Home Finance LLc is the grantee the same having been sold to said grantee on the 7th day of June A.D., 2006, under and by virtue of a writ Execution issued on the 22nd day ofDec, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 6514, at the suit of Mortgage Elec Reg Systems Inc against Carla J Linnane is duly recorded in Deed Book No. 275, Page 3465. IN TESTIMONY WHEREOF, I have hereunto set my hand ~ and s I of said office this / % day of Mortgage Electronic Registration Systems, Inc. VS Carla J. Linnane The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-6514 Civil Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 09,2006 at 12:47 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Carla J. Linnane (n/kIa Baer), by making known unto John Baer, husband of Carla J. Linnane, at 18 Plainview Road, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to him the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 05, 2006 at 12:27 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Carla J. Linnane located at 18 Plainview Rd., Camp Hill, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Carla J. Linnane by regular mail to her last known address of 18 Plainview Rd., Camp Hill, P A 17011. This letter was mailed under the date of April 03, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 7, 2006 at 10:00 o'clock A.M. He sold the same for the sum of$1.00 to Attorney Daniel G. Schmieg for Chase Home Finance, LLC. It being the highest bid and best price received for the same, Chase Home Finance LLC of 3415 Vision Drive, Columbus, OH 43219, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$I,023.06. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy $30.00 20.02 15.00 15.00 30.00 10.00 .50 1.00 24.64 1.83 15.00 Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 20.00 395.00 359.00 19.57 25.00 41.50 $1,023.06 ~I C}- ~/.l?/O(' ~~..~ .;~ ~ .-Jt. ~ R. Thomas Kline, Sheriff BY \~~J~ Real Estate ergeant ~~ L 1..<1./ ,0 ( .~ Ck. 5'ffJD ~. IxO R1J 'f ,-' MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION CARLA J. LINNANE NO. 2003-06514 CIVIL TERM Defendant( s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) MORTGAGE EI..ECTRONIC REGISTRATION SYSTEMS, INC., 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 ,18 PLAINVIEW ROAD, CAMP HILL, P A 17011 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CARLA J. LINNANE 18 PLAINVIEW ROAD CAMPHILL, P A 17011 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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) LOWER ALLEN TOWNSHIP AUTHORITY 1993 HUMMEL AVENUE CAMP HILL, P A 17011 120 LIMEKILN ROAD NEW CUMBERLAND, P A 17070 LOWER ALLEN TOWNSHIP 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 18 PLAINVIEW ROAD CAMP HILL, P A 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 21. 2005 DATE DANIEL G. SCHMIE Attorney for Plaintiff QUIRE "l MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, CUMBERLAND COUNTY No. 2003-06514 CIVIL TERM v. CARLA J. LINNANE Defendant(s). December 21, 2005 TO: CARLA J. LINNANE 18 PLAINVIEW ROAD CAMPHILL, P A 17011 * * 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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at .18 PLAINVIEW ROAD. CAMP HILL. PA 17011. is scheduled to be sold at the Sheriffs Sale on JUNE 07. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $106.273.67 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 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. 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 maybe 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, P A 17013 (717) 249-3166 (800) 990-9108 'ALL mAT CERTAIN tract of parcel of land situate in Lower Allen Township, Cumberland County, Penpsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Easterly line of Plainview Road which point is 107.87' feet North of the Northeasterly corner of Hartzdale Drive and Plainview Road extended and at dividing line between Lots Nos. 11 and 12, Block "K" on the hereinafter mentioned Plan of Lots; thence along the Easterly line of Plainview Road in an arc having a radius of 200 feet in a Northwesterly direction to the right, 21.20 feet to a point; thence further along same, North 42 degrees 20 minutes West 53.83 feet to a point at dividing line between Lots Nos. 12 and 13, Block "K" on said Plan; thence along said dividing line North 47 degrees 40 minutes East, 125 feet to a point; thence along the Westerly line of Lots Nos. 9 and 10, Block "Kit on said Plan, South 42 degrees 20 minutes East, 75 feet to a point at dividing line between Lots Nos. 11 and 12, Block "K" aforesaid; thence same, South 47 degrees 40 minutes West, 123.87 feet to a point, the place of beginning. BEING improved with a brick and frame ranch dwelling known as and numbered 18 Plainview Road. BEING Lot No. 12, Block "K" in Plan of Country and Town Homes, Inc., which Plan is recorded in the Cumberland County Recorder of Deeds Office in Plan Book 7, Page 41. TITLE TO SAID PREMISES IS VESTED IN Carla 1. Linnane, single by Deed from Elmer E. Busler and Diane I. Busler, his wife, dated 11/10/2000 and recorded IVIS/2oo0 in Record Book 233, Page 1103. BEING KNOWN AS: 18 PLAINVIEW ROAD, CAMP HILL, PA 17011 TAX PARCEL #13-25-0020-026 WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-6514 Civil CIVIL ACTION - LA W TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From CARLA J. LINNANE, (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 $106,273.67 L.L. Interest FROM 2/11/04 TO 6/7/06 (PER DIEM - $17.47) - $14,797.09 AND COSTS Atty's Comrn % Due Prothy $1.00 Atty Paid $880.91 Other Costs Plaintiff Paid (Seal) f!~L P'rothonota~' j~ - j By: Date: DECEMBER 22, 2005 Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 27 On February 13,2006 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 18 Plainview Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 13, 2006 By: / \.... i c-r0-, !,. t ( . R:a~ E~a:'~;rge~t go: J J \ I ,~ ~ U [ JiO ~Dlll \"~",' , :i J j d J'i'/~;' .:.;) 4,,-1 J Il"~ -'.J0 ~~\ {~ "..>~. ::<,~ 'J'~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEAL TH OF PENNSYLVANIA SSe 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: April 7, 14,21,2006 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. SWORN TO AND SUBSCRIBED before me this 21 day of April. 2006 ~;U~.~/l/ ,,~~,...-'-)~ ,Notary"""''''''''''",''', ,p,c"'''' ,,' ':'i :",-v~."'MiLf.Il,f.oll.'.~'" " " ";,, ',~ '.. i ,,- '- ,~ ~. rt..-, ", ',-, ,i' 1:(; j ..;.. REAL ESTATE SALE NO. 27 Writ No. 2003-6514 Civil Mortgage Electronic Registration Systems, Inc. vs. Carla J. Linnane Atty.: Daniel Schmie~ ALL THAT CERTAIN tract of par- cel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Easterly line of Plainview Road which point is 107.87 feet North of the Northeasterly corner of Hartzdale Drive and Plainview Road extended and at dividing line between Lots Nos. 11 and 12, Block ~K" on the hereinafter mentioned Plan of Lots; thence along the Easterly line of Plainview Road in an arc having a radius of 200 feet in a Northwest- erly direction to the right, 21.20 feet to a point; thence further along same, North 42 degrees 20 minutes West 53.83 feet to a point at divid- ing line between Lots Nos. 12 and 13, Block "K" on said Plan; thence along said dividing line North 47 degrees 40 minutes East, 125 feet to a point; thence along the West- erly line of Lots Nos. 9 and 10, Block "K" on said Plan, South 42 degrees 20 minutes East, 75 feet to a point at dividing line between Lots Nos. 11 and 12, Block ~W aforesaid; thence same, South 47 degrees 40 minutes West, 123.87 feet to a point, the place of begin- ning. BEING improved with a brick and frame ranch dwelling known as and numbered 18 Plainview Road. BEING Lot No. 12, Block "K" in Plan of Country and Town Homes, Inc., which Plan is recorded in the Cumberland County Recorder of Deeds Office in Plan Book 7, Page 41. TITLE TO SAID PREMISES IS VESTED IN Carla J. Linnane, single by Deed from Elmer E. Busler and Diane 1. Busler, his wife, dated 11/ 10/2000 and recorded 11/15/ 2000 in Record Book 233, Page 1103. BEING KNOWN AS: 18 PlAINVIEW ROAD, CAMP HILL, P A 17011. TAX PARCEL #13-25-0020-026. . "\ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever smce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of April and the 3rd day(s) of May 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy S ALE #27 ... CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ~i51....~..J.' SA. i~:#~ ...........~ '. ...... ... ....~. ~4r'.. 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