Loading...
HomeMy WebLinkAbout08-0644 PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL R. SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 165101 ATTORNEY FOR PLAINTIFF US BANK NATIONAL ASSOCIATION AS COURT OF COMMON PLEAS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC CIVIL DIVISION 3476 STATEVIEW BLVD FORT MILL, SC 29715 TERM Plaintiff NO. Q$ - (Dy y V. CUMBERLAND COUNTY REBECCA J. RHOADES A/K/A REBECCA JEAN RHOADES 113 PETERSBURG ROAD CARLISLE, PA 17013 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 165101 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 165101 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 165101 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File k 165101 I . Plaintiff is US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: REBECCA J. RHOADES A/K/A REBECCA JEAN RHOADES 113 PETERSBURG ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/28/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS A NOMINEE FOR MORTGAGE LENDERS NETWORK USA, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1945, Page: 4425. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 165101 6. The following amounts are due on the mortgage: Principal Balance $157,858.97 Interest $5,996.90 08/01/2007 through 01/29/2008 (Per Diem $32.95) Attorney's Fees $1,250.00 Cumulative Late Charges $226.92 02/28/2006 to 01/29/2008 Cost of Suit and Title Search $550.00 Subtotal $165,882.79 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $165,882.79 7. 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 165101 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $165,882.79, together with interest from 01/29/2008 at the rate of $32.95 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. PHELAN HALLINAN & SCHMIEG, LLP By: ? ZA-? RANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 165101 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with draft survey for Jeffrey A. Rhoads prepared by Thomas A. Neff, Registered Surveyor, dated October 3, 1980, copy of which is attached hereto and incorporated herein by reference as follows: BEGINNING at a point on the eastern line of L. R. 21065 known as Petersburg Road at the dividing line between Lots Nos. 16 and 17 of Block D as shown on the Plan of Lots laid out by Carlisle Farm Syndicate known as Bonny Heights, recorded in the hereinafter named Recorders Office in Plan Book 2, Page 51, which point at the Place of Beginning is 25 feet from the centerline of said Petersburg Road; thence from said point at the Place of Beginning along the eastern line of said Petersburg Road parallel to the centerline thereof 25 feet eastward therefrom, North 01 degrees East a distance of 102 feet to a point at the dividing line between Lots Nos. 14 and 15 of Block D as shown on said Plan; thence along said dividing line between said Lots Nos. 14 and 15, South 88 degrees 44 minutes 36 seconds East a distance of 398.47 feet to an iron pin in line of land now or formerly of Bruce W. Baldwin; thence along line of said land now or formerly of Bruce W. Baldwin, South 05 degrees 56 minutes 11 seconds West a distance of 102.34 feet to an iron pin in the dividing line between said Lots Nos. 16 and 17 of Block D; thence along said dividing line between said Lots Nos. 16 and 17 of Block D, North 88 degrees 44 minutes 36 seconds West a distance of 389.66 feet to a point on the eastern line of said Petersburg Road at the Place of BEGINNING. File #: 165101 THE ABOVE described tract of land is all of Lots Nos. 15 and 16 Block D as shown on Plan of Lots laid out by the Carlisle Farms Syndicate, known as Bonny Heights, recorded in the hereinafter named recorders Office in Plan Book 2, Page 51, on which there is erected a dwelling house with mailing address of 113 Petersburg Road, Carlisle, Pennsylvania. Parcel No. 40-22-0489-106 BEING KNOWN AS 113 PETERSBURG ROAD, CARLISLE, PA 17013 File #: 165101 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Attorney for Plaintiff DATE: I Z O J 0 C-j 0 6 t G. , tr7? o w O 'r,. w °F ) C 9P a w R W 0 SHERIFF'S RETURN - REGULAR CASE NO: 2008-00644 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS RHOADES REBECCA J ET AL NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RHOADES REBECCA J AKA REBECCA JEAN RHOADES the DEFENDANT , at 0015:50 HOURS, on the 4th day of February-, 2008 at 113 PETERSBURG RDAD CARLISLE. PA 17013 REBECCA J RHOADES by handing to a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 210710Z? V 32.80 Sworn and Subscibed to before me this of So Answers: R. Thomas Kline 02/05/2008 PHELAN HALLINAN SCHMIEG By: Deputy Sheriff day A. D. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC 3476 STATEVIEW BLVD FORT MILL, SC 29715 V. Plaintiff, REBECCA J. RHOADES A/K/A REBECCA JEAN RHOADES 113 PETERSBURG ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-644 CIVIL TERM 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 REBECCA J. RHOADES A/K/A REBECCA JEAN RHOADES , Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 01/30/08 to 3/10/08 TOTAL $165,882.79 $1,350.95 $167,233.74 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. r DANIEL G. S MIEG, ESQUI Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 3 ?l 08 PR ROTIY r... 165101 4 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (2115) 563-7000 US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Vs. REBECCA J.RHOADES A/K/A REBECCA JEAN RHOADES Defendants DATE OF NOTICE: FEBRUARY 26, 2008 CUMBERLAND COUNTY :NO. 08-644 CIVIL TERM TO: REBECCA J. RHOADES A/K/A REBECCA JEAN RHOADES 113 PETERSBURG ROAD A/ CARLISLE, PA 17013 V®r If, THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 JL4 410"'tj a"4 - LINDA NGUY ,N, 1#a--l Assistant PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC 3476 STATEVIEW BLVD Plaintiff, V. REBECCA J. RHOADES A/K/A REBECCA JEAN RHOADES Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-644 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant REBECCA J. RHOADES A/K/A REBECCA JEAN RHOADES is over 18 years of age and resides at, 113 PETERSBURG ROAD, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Tp F N m 0 00- n? C7 ? fTi `rl c n r' .. (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC 3476 STATEVIEW BLVD V. Plaintiff, REBECCA J. RHOADES A/K/A REBECCA JEAN RHOADES Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-644 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on or01 1r 200 S . By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** • CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC Plaintiff, V. REBECCA J. RHOADES A/K/A REBECCA JEAN RHOADES No. 08-644 CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $167,233.74 Interest from 1/30/08 to 3/10/08 $4,865.73 and Costs (per diem -$27.49) Add'l Costs $1,873.50 TOTAL $173,972.97 - IQ, ?cl YLL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Statio 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. 165101 GTk F.V oz? az oz oz 00 aA O? W? xw H? z? " U cz OA H U U zoo W H as ?a ?H . W w A O ti U w as w O ti U U W -6c. {an o 0 t? 0 0 F U W ? u o° o? w? a ?I U a a 0 M O r` a w W d AU d °a a w a M iA 1.0 N C le) c F.? V ) d °v °f a a V C - 65 3 D "? rte: -? Q r ' v LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with draft survey for Jeffrey A. Rhoads prepared by Thomas A. Neff, Registered Surveyor, dated October 3, 1980, copy of which is attached hereto- and incorporated herein by reference, as follows: BEGINNING at a point on the eastern line of L.R. 21065 known as Petersburg Road, at the dividing line between Lots Nos. 16 and 17 of Block D as shown on the Plan of Lots laid out by Carlisle Farm Syndicate known as Bonny Heights, recorded in the hereinafter named Recorder's Office in Plan Book 2, Page 51, which point at the Place of Beginning is 25 feet from the centerline of Petersburg Road; thence from said point at the Place of Beginning along the eastern line of said Petersburg Road parallel to the centerline thereof and 25 feet eastward therefrom, North 01 degree East, a distance of 102 feet to a point at the dividing line between Lots Nos. 14 and 15 of Block D as shown on said Plan; thence along said dividing line between said Lots Nos. 14 and 15, South 88 degrees 44 minutes 36 seconds East a distance of 398.47 feet to an iron pin in line of land now or formerly of Bruce W. Baldwin; thence along line of said land now or formerly of Bruce W. Baldwin, South 05 degrees 56 minutes 11 seconds West a distance of 102.34 feet to an iron pin in the dividing line between said Lots Nos. 16 and 17 of Block D; thence along said dividing line between said Lot Nos. 16 and 17 of Block D, North 88 degrees 44 minutes 36 seconds West a distance of 389.66 feet to a point on the eastern line of said Petersburg Road at the Place of BEGINNING. THE ABOVE described tract of land is all of Lots Nos. 15 and 16 of Block D as shown on Plan of Lots laid out by the Carlisle Farm Syndicate known as Bonny Heights, recorded in the hereinafter named Recorder's Office of Plan Book 2, Page 51, on which there is erected a dwelling house with mailing address of 113 Petersburg Road, Carlisle, Pennsylvania. BEING the same premises which Kerry R. Henne and Joan M. Henne, husband and wife, by Deed dated April 26, 2002 and recorded April 30, 2002 in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 251, Page 2396, granted and conveyed unto Raymond T. Carey and Deborah L. Carey, husband and wife, Grantors herein. PARCEL IDENTIFICATION NO: 40-22-0489-106, CONTROL #: 40002621 TITLE TO SAID PREMISES IS VESTED IN Rebecca J. Rhoades, single woman, by Deed from Raymond T. Carey and Deborah L. Carey, h/w, dated 02/28/2006, recorded 04/05/2006, in Deed Book 273, page 4387. PREMISES BEING: 113 PETERSBURG ROAD, CARLISLE, PA 17013 PARCEL NO. 40-22-0489-106 PHELAN HALLINAN & SCHMIEG, L.L.P. $y: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC Plaintiff, V. REBECCA J. RHOADES . A/K/A REBECCA JEAN RHOADES Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-644 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ? ( f DANIEL G. SCHMIEG, ESQ UIRP Attorney for Plaintiff ?? l.y f S 7 '?' -i .' ? " ? 7 ? f '--? `: `.., ? .} y _ -^r-'. ..? .. ?.? ? . "< US BANK NATIONAL ASSOCIATION AS r RUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC V. Plaintiff, REBECCA J.RHOADES A/K/A REBECCA JEAN RHOADES Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC, 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,113 PETERSBURG ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name REBECCA J. RHOADES A/K/A REBECCA JEAN RHOADES CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-644 CIVIL TERM Last Known Address (if address cannot be reasonably ascertained, please indicate) 113 PETERSBURG ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 113 PETERSBURG ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 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. April 16, 2008 I DATE L G. SCHMIEG, ESQUHM(-? Attorney for Plaintiff n ?a - <J j i> ?? US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC Plaintiff, V. REBECCA J. RHOADES A/K/A REBECCA JEAN RHOADES Defendant(s). CUMBERLAND COUNTY No. 08-644 CIVIL TERM April 16, 2008 TO: REBECCA J. RHOADES A/K/A REBECCA JEAN RHOADES 113 PETERSBURG ROAD CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 113 PETERSBURG ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 3, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $167,233.74 obtained by US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC (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 may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE r LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with draft survey for Jeffrey A. Rhoads prepared by Thomas A. Neff, Registered Surveyor, dated October 3, 1980, copy of which is attached hereto-and incorporated herein by reference, as follows: BEGINNING at a point on the eastern line of L.R. 21065 known as Petersburg Road, at the dividing line between Lots Nos. 16 and 17 of Block D as shown on the Plan of Lots laid out by Carlisle Farm Syndicate known as Bonny Heights, recorded in the hereinafter named Recorder's Office in Plan Book 2, Page 51, which point at the Place of Beginning is 25 feet from the centerline of Petersburg Road; thence from said point at the Place of Beginning along the eastern line of said Petersburg Road parallel to the centerline thereof and 25 feet eastward therefrom, North 01 degree East, a distance of 102 feet to a point at the dividing line between Lots Nos. 14 and 15 of Block D as shown on said Plan; thence along said dividing line between said Lots Nos. 14 and 15, South 88 degrees 44 minutes 36 seconds East a distance of 398.47 feet to an iron pin in line of land now or formerly of Bruce W. Baldwin; thence along line of said land now or formerly of Bruce W. Baldwin, South 05 degrees 56 minutes 11 seconds West a distance of 102.34 feet to an iron pin in the dividing line between said Lots Nos. 16 and 17 of Block D; thence along said dividing line between said Lot Nos. 16 and 17 of Block D, North 88 degrees 44 minutes 36 seconds West a distance of 389.66 feet to a point on the eastern line of said Petersburg Road at the Place of BEGINNING. THE ABOVE described tract of land is all of Lots Nos. 15 and 16 of Block D as shown on Plan of Lots laid out by the Carlisle Farm Syndicate known as Bonny Heights, recorded in the hereinafter named Recorder's Office of Plan Book 2, Page 51, on which there is erected a dwelling house with mailing address of 113 Petersburg Road, Carlisle, Pennsylvania. BEING the same premises which Kerry R. Henne and Joan M. Henne, husband and wife, by Deed dated April 26, 2002 and recorded April 30, 2002 in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 251, Page 2396, granted and conveyed unto Raymond T. Carey and Deborah L. Carey, husband and wife, Grantors herein. PARCEL IDENTIFICATION NO: 40-22-0489-106, CONTROL #: 40002621 TITLE TO SAID PREMISES IS VESTED IN Rebecca J. Rhoades, single woman, by Deed from Raymond T. Carey and Deborah L. Carey, h/w, dated 02/28/2006, recorded 04/05/2006, in Deed Book 273, page 4387. PREMISES BEING: 113 PETERSBURG ROAD, CARLISLE, PA 17013 PARCEL NO. 40-22-0489-106 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-644 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION as Trustee for RESIDENTIAL FUNDING COMPANY, LLC, Plaintiff (s) From REBECCA J. RHOADES a/k/a REBECCA JEAN RHOADES (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 $167,233.74 L.L.$ 0.50 Interest from 1/30/08 to 3/10/08 (per diem - $27.49) - $4,865.73 and Costs Atty's Comm % Atty Paid $151.80 Plaintiff Paid Date: 4/17/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $1,873.50 /sl Prot otary By: Deputy Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHIEG, LLP 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 PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 15) 563-7000 US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC Plaintiff VS. REBECCA J. RHOADES AIK/A REBECCA JEAN RHOADES Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-644 CIVIL TERM : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Date: Da Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Francis S. Hallinan, Esquire PHS #: 165101 VERIFICATION Kevin Marks hereby states that he/she is Vice President of Loan Documentation of WELLS FARGO FINANCIAL PENNSYLVANIA, INC., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowbdge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 PZ Sec. 4904 relating to unworn falsification to authorities. DATE : February 1, 2008 Loan:1115005768 Name: Kevin Marks Title-Vice President of Loan Documentation Company: WELLS FARGO FINANCIAL PENNSYLVANIA, INC. File #: 165101 PHELAN HALLINAN & SCHMIEG, LLP 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 US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC Plaintiff VS. REBECCA J. RHOADES A/KIA REBECCA JEAN RHOADES Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-644 CIVIL TERM : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: REBECCA J. RHOADES A/K/A REBECCA JEAN RHOADES 113 PETERSBURG ROAD CARLISLE, PA 17013 Date: Phelan Hallinan & Schmieg, LLP Attorney r Plaintiff By: Francis S. Hallinan, Esquire C`> ? ?? ?,' T_P 1c,-_, ]?"" ?.- 1V -?,. '? a.,.? 4 ? ?' ?:a -,. >? -r-: --? ?? ? 't ': l..} `? t"t i ---t _,?, =? AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING No. 08-644 CIVEL TERM • COMPANY, LLC ACCT. #165101 DEFENDANT(S) REBECCA J. RHOADES A/K/A REBECCA JEAN RHOADES Type of Action - Notice of Sheriff's Sale SERVE REBECCA J. RHOADES A/K/A REBECCA JEAN RHOADES AT: Sale Date: SEPTEMBER 3, 2008 113 PETERSBURG ROAD CARLISLE, PA 17013 SERVED Served and made known to RF51 rcA ?- ??}t7 DES , Defendant, on the day of A4' , 209 , at 475-0 , o'clock ?_.m., at 113 PETW Bu RG R0 49 ,. e4g1, s, , Commonwealth of Pennsylvania, in the manner described below: t/ 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 of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: t Description: Age ,5 Height ? Weight 1 10 Race W Sex Other I, ROW-Lb A ` O 1-t- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this 7 day of t, 200. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE THEODORE J. HARRIS ATTEMPTED. NOTARY PUBLIC NOT SERVED STATE OP NEW JERSEY OrWeCOMMISSI%W RES 1012512012 , 200, at Moved Unknown No Answer 1st Attempt: / / Time: 3rd Attempt: ! / Time: Sworn to and subscribed before me this day of , 200: Notary: o'clock _.m., Defendant NOT FOUND because: Vacant 2"d Attempt: Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ? _.. ? ?, -` ? ? ? r r ,...,T s•r ? . ..? ! fl? ? ' 1 1 S - - w r ? ? .?. "}'. ..(:T' ?y ? ' w ? •".," ?.cJ ? +r.?u,., ?? ..A SALE DATE: SEPTEMBER 3.2008 I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL No.: 08-644 CIVIL TERM FUNDING COMPANY, LLC VS. REBECCA J. RHOADES A/K/A REBECCA JEAN RHOADES 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: 113 PETERSBURG ROAD, CARLISLE, PA 17013. 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. July 24, 2008 DANIEL SCHMIEG, ESQ Attorney for Plaintiff x U A W N .?• p %0 00 V O? N A w N _ ry ail { CD ~) 0g ?? ?? w b O?zdf? 1. ?iiI nwr'_C e Is 1 X: cr' Co o ~• . ? IE 0oz l oo p ro b (? N b xi C'? rw? ! C O O kA N c oQ W Q v Q wo ? 5 i s . /? s (f ' a tb ?, yy N > W?' l I Q O 00 ? 1./ ?` o H66 U2 ? ^ ? m tl99 Q ? ? ? ' ?+ 3i f7 s ra C Y 4 ? - P N ro 00 ? ? PIi11 9py? • ?? ?' ' 02 1M 02-100 • 00042180 $ 10 APR 17 2008 MAILED F ROM ZIPCOM 19103 O ?_ ^` 0. fJ tro ? ? ? CJ y 'T C2. r ro c,° cr ? C;n 7 uo r? 'E_ tv C?3 +v G} 7 11 F PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC : I Court of Common Pleas : I Civil Division CUMBERLAND County Plaintiff vs REBECCA J. RHOADES A/K/A REBECCA JEAN RHOADES Defendant TO THE PROTHONOTARY: : I No. 08-644 CIVIL TERM PHS# 165101 PRAECIPE Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. X Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Date: October 17. 2008 Francis S. Hallinan Attorney for Plaintiff +c ? od r Pv, ru" G1 k? US Bank National Association as Trustee for In the Court of Common Pleas of Residential Funding Company, LLC Cumberland County, Pennsylvania VS Writ No. 2008-644 Civil Term Rebecca J. Rhoades a/k/a Rebecca Jean Rhoades William Cline, Deputy Sheriff, who being duly sworn according to law, states that on May 17, 2008 at 1201 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Rebecca J. Rhoades a/k/a Rebecca Jean Rhoades, by making known unto Rebecca Rhoads personally, at 113 Petersburg Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copies of the same. Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on July 21, 2008 at 1820 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Rebecca J. Rhoades a/k/a Rebecca Jean Rhoades located at 113 Petersburg Road, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Rebecca J. Rhoades a/k/a Rebecca Jean Rhoades by regular mail to her last known address of 113 Petersburg Road, Carlisle, PA 17013. This letter was mailed under the date of July 14, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff s Costs: Docketing 30.00 Poundage 24.33 Advertising 15.00 Posting Handbills 15.00 Law Library .50 Prothonotary 2.00 Mileage 10.00 Surcharge 20.00 Levy 15.00 Postpone Sale 20.00 Law Journal 569.00 Patriot News 502.43 Share of Bills 17.64 $1,240.90 ? li?oa?os R. Thomas Kline, Sheriff Co BY Real Estate Sergeant (,IZ- 4 L'0/ 1 A4"2 /000 US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING CUMBERLAND COUNTY COMPANY, LLC COURT OF COMMON PLEAS Plaintiff, V. CIVIL DIVISION REBECCA J. RHOADES NO. 08-644 CIVIL TERM A/K/A REBECCA JEAN RHOADES Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCFRvIMG, 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 ,113 PETERSBURG ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) REBECCA J. RHOADES A/K/A REBECCA JEAN RHOADES 113 PETERSBURG ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name 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) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 113 PETERSBURG ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 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 unworn falsification to authorities. April 16, 2008 ` DATE L G. SCHIVIIEG, ESQ Attorney for Plaintiff . US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC Plaintiff, V. REBECCA J. RHOADES A/K/A REBECCA JEAN RHOADES Defendant(s). US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCHIVIILG, 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 ,113 PETERSBURG ROAD, CARLISLE, PA 17013. AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) REBECCA J. RHOADES A/K/A REBECCA JEAN RHOADES CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-644 CIVIL TERM 113 PETERSBURG ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name 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) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 113 PETERSBURG ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6t6 Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 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. Apri116, 2008 DATE L G. SCHMIEG, ESQ Attorney for Plaintiff US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC Plaintiff, V. REBECCA J. RHOADES A/K/A REBECCA JEAN RHOADES Defendant(s). CUMBERLAND COUNTY No. 08-644 CIVIL TERM April 16, 2008 TO: REBECCA J. RHOADES A/K/A REBECCA JEAN RHOADES 113 PETERSBURG ROAD CARLISLE, PA 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND AMBVFORMA77ON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUH.4VE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEWT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA MENAGAINST PROPERTY. ** Your house (real estate) at, 113 PETERSBURG ROAD. CARLISLE, PA 17013. is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 3.2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $167333.74 obtained by US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RESIDENTIAL FUNDING COMPANY, LLC (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 may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten 00) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with draft survey for Jeffrey A. Rhoads prepared by Thomas A. Neff, Registered Surveyor, dated October 3, 1980, copy of which.is.attached.hereto.and- incorporated herein by reference, as follows: BEGINNING at a point on the eastern line of L.R. 21065 known as Petersburg Road, at the dividing line between Lots Nos. 16 and 17 of Block D as shown on the Plan of Lots laid out by Carlisle Farm Syndicate known as Bonny Heights, recorded in the hereinafter named Recorder's Office in Plan Book 2, Page 51, which point at the Place of Beginning is 25 feet from the centerline of Petersburg Road; thence from said point at the Place of Beginning along the eastern line of said Petersburg Road parallel to the centerline thereof and 25 feet eastward therefrom, North 01 degree East, a distance of 102 feet to a point at the dividing line between Lots Nos. 14 and 15 of Block D as shown on said Plan; thence along said dividing line between said Lots Nos. 14 and 15, South 88 degrees 44 minutes 36 seconds East a distance of 398.47 feet to an iron pin in line of land now or formerly of Bruce W. Baldwin; thence along line of said land now or formerly of Bruce W. Baldwin, South 05 degrees 56 minutes 11 seconds West a distance of 102.34 feet to an iron pin in the dividing line between said Lots Nos. 16 and 17 of Block D; thence along said dividing line between said Lot Nos. 16 and 17 of Block D, North 88 degrees 44 minutes 36 seconds West a distance of 389.66 feet to a point on the eastern line of said Petersburg Road at the Place of BEGINNING. THE ABOVE described tract of land is all of Lots Nos. 15 and 16 of Block D as shown on Plan of Lots laid out by the Carlisle Farm Syndicate known as Bonny Heights, recorded in the hereinafter named Recorder's Office of Plan Book 2, Page 51, on which there is erected a dwelling house with mailing address of 113 Petersburg Road, Carlisle, Pennsylvania. BEING the same premises which Kerry R. Herne and Joan M. Herne, husband and wife, by Deed dated April 26, 2002 and recorded April 30, 2002 in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 251, Page 2396, granted and conveyed unto Raymond T. Carey and Deborah L. Carey, husband and wife, Grantors herein. PARCEL IDENTIFICATION NO: 40-22-0489-106, CONTROL #: 40002621 TITLE TO SAID PREMISES IS VESTED IN Rebecca J. Rhoades, single woman, by Deed from Raymond T. Carey and Deborah L. Carey, h/w, dated 02/2812006, recorded 04105/2006, in Deed Book 273, page 4387. PREMISES BEING: 113 PETERSBURG ROAD, CARLISLE, PA 17013 PARCEL NO. 40-22-0489-106 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-644 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION as Trustee for RESIDENTIAL FUNDING COMPANY, LLC, Plaintiff (s) From REBECCA J. RHOADES a/k/a REBECCA JEAN RHOADES (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 $167,233.74 L.L.$ 0.50 Interest from 1/30/08 to 3/10/08 (per diem - $27.49) - $4,865.73 and Costs Atty's Comm % Atty Paid $151.80 Plaintiff Paid Date: 4/17/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $1,873.50 /IS/ Liu le Pro o otary By: Depu Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHIEG, LLP 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 # 34 On May 13, 2008 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 131 Petersburg Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 13, 2008 By. jj pp Real Estate Sergeant h Z 8 d I Z 8dV 0001 A A I U 3 H S 3 ill A3 :Jli u PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 18, July 25, and August 1, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. before me this NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Corttrrttsalori Fxptr4 Apr 28, 2010 1 day of August, 2008 1 77 2':? -2 , X ,, X 2, 1 Notary RAi11L 39TAT19 GALN NO. 34 Writ No. 2008-644 Civil US Bank National Association as Trustee for Residential Funding Company, LLC VS. Rebecca J. Rhoades a/k/a Rebecca Jean Rhoades Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accor- dance with draft survey for Jeffrey A. Rhoads prepared by Thomas A. Neff, Registered Surveyor, dated October 3, 1980, copy of which is attached hereto and incorporated herein by reference, as follows: BEGINNING at a point on the eastern line of L.R. 21065 known as Petersburg Road, at the dividing line between Lots Nos. 16 and 17 of Block D as shown on the Plan of Lots laid out by Carlisle Farm Syndicate, known as Bonny Heights, recorded in the hereinafter named Recorder's Office in Plan Book 2, Page 51, which point at the Place of Beginning is 25 feet from the centerline of Petersburg Road; thence from said point at the .. Place of Beginning along the eastern line of said Petersburg Road parallel to the centerline thereof and 25 feet eastward therefrom, North 01 degree East, a distance of 102 feet to a point at the dividing line between Lots Nos. 14 and 15 of Block D as shown on said Plan; thence along said dividing line between said Lots Nos. 14 and 15, South 88 degrees 44 minutes 36 seconds East a distance of 398.47 feet to an iron pin in line of land now or formerly of Bruce W. Baldwin; thence along line of said land now or formerly of Bruce W. Baldwin, South 05 degrees 56 minutes 11 seconds West a distance of 102.34 feet to an iron pin in the dividing line between said Lots Nos. 16 and 17 of Block D; thence along said dividing line; between said Lot Nos. 16 and 17 of Mock D, North 88 degrees 44 min- utes 36 seconds West a distance of 389.66 feet to a point on the eastern line of said Petersburg Road at the Place of BEGINNING. - -M y THE ABOVE described tract of land is all of Lots Nos. 15 and 16 of Block D as shown on Plan of Lots laid out by the Carlisle Farm Syndicate known as Bonny Heights, recorded in the hereinafter named Recorder's Of- fice of Plan Book 2, Page 51, on which there is erected a dwelling house with mailing address of 113 Petersburg Road, Carlisle, Pennsylvania. BEING the same premises which Kerry R. Henne and Joan M. Henne, husband and wife, by Deed dated' April 26, 2002 and recorded April 30, 2002 in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 251, Page 2396, granted and con- veyed unto Raymond T. Carey and Deborah L. Carey, husband and wife, Grantors herein. PARCEL IDENTIFICATION NO: 40-22-0489-106. CONTROL 40002621. TITLE TO SAID PREMISES IS VESTED IN Rebecca J. Rhoades, single woman, by Deed from Ray- mond T. Carey and Deborah L. Carey, h/w, dated 02/28/2006, recorded 04/05/2006, in Deed Book 273, page 4387. PREMISES BEING: 113 PE- TERSBURG ROAD, CARLISLE, PA 17013. PARCEL NO. 40-22-0489-106. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. 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 This ad ran on the date(s) shown below: 07/23/08 07/30/08 08/06/08 ........ . &. Plh ............ Sworn to and subscribed bye nle thX2OAay of August, 2008 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA NOWN Seal Stwde L timer, Notary Pw* CRY Of Hmiw6tampwpWCCU* MY CwW iMim 80ft Nov. 26, 2011 Member. Pennay?van? Asiodatlon of Notaries Real Estate Sale No. 34 Writ No. 2008-644 Civil Tenn i/S Bank National Association as Trustee for Residential Funding Company, LLC VS Rebecca J. Rhoades a/k/a Rebecca Jean Rhoades Attorney Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with draft survey for Jeffrey A Rhoads prepared by Thomas A. Neff, Registered Surveyor, dated October 3, 1980, copy of which is attached hereto and incorporated herein by reference, as follows: BEGINNING at a point on the eastern line of L.R. 21065 known as Petersburg Road, at the dividing line between Lots Nos. 16 and 17 of Block D as shown on the Plan of Lots laid out by Carlisle Farm Syndicate known as Bonny Heights, recorded in the hereinafter named Recorder's Office in. Plan Book 2, Page 51, which point at the Place of Beginning is 25 feet from the centerline of Petersburg Road; thence from said point at the Place of Beginning along the eastern line of said Petersburg Road parallel to the centerline thereof and 25 feet eastward therefrom, North 01 degree East, a distance of 102 feet to a .point at the dividing line between Lots Nos. 14 and 15 of Block D as shown on said Plan; thence along said dividing line between said Lots Nos. 14 and 15, South 88 degrees 44 minutes 36 seconds East a distance of 398.47 feet to an iron pin in line of land now or formerly of Bruce W. Baldwin; thence along line of said land-now or formerly of Bruce W. Baldwin, South 05 degrees 56 minutes 11 seconds West a distance of 102.34 feet to an iron pin in the dividing fine between said Lots Nos. 1; and 17 of Block D; -thence along said dividing line between said Lot Nos. 16 and 17 of Block D, North 88 degrees 44 minutes 36 scconds West a distance of 389.66 feet to a point on the eastern line of said Petersburg Road at the Place of BEGINNING. THE ABOVE described tract of land is all of Lots Nos. 15 and 16 of Black D as shown on Plan of Lots laid out by the Carlisle Farm Syndicate known as Bonny Heights, recorded in the hereinafter named Recorder's Office of Plan Book 2, Page 51, on which there is erected a dwelling house with mailing address of 113 Petersburg Road, Cadisle, Pennsylvania. BEING the same premises which Kerry R. Henne and loan M. Henne, husband and wife, by Deed dated April 26, 2002 and recorded April 30, 2002 in the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 251, Page 2396, granted and conveyed unto Raymond T Carey and Deborah L. Carey, husband and wife, Grantors herein. PARCEL IDENTIFICATION NO: 40-22-0489- 106, CONTROL*. 4MM621 TITLE TO SAID PREMISES IS VESTED IN Rebecca J. Rhoades, single woman, by Deed from Raymond T. Carey and Deborah L. Carey, h/w, dated 022812006, recorded 04/05/2006, in Deed Book 273, page 4387. PREMISES BEING: 113 PETERSBURG ROAD, CARLISLE, PA17013PARCEL NO. 40- 22-0489-106