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HomeMy WebLinkAbout08-0771PHELAN 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 170589 DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. 68 - 7'7J l'iV i n-" v. CUMBERLAND COUNTY DAMON R. GARON 105 EAST MAIN STREET SHIREMANSTOWN, PA 17011 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 170589 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 #: 170589 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 #: 170589 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 #: 170589 Plaintiff is DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: DAMON R. GARON 105 EAST MAIN STREET SHIREMANSTOWN, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 11/08/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR HOMECOMINGS FINANCIAL, LLC F/K/A HOMECOMINGS FINANCIAL NETWORK, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1973, Page: 891. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 170589 5 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2007 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. The following amounts are due on the mortgage: Principal Balance $79,408.89 Interest $2,562.72 09/01/2007 through 01/30/2008 (Per Diem $16.86) Attorney's Fees $1,250.00 Cumulative Late Charges $85.95 11/08/2006 to 01/30/2008 Cost of Suit and Title Search 550.00 Subtotal $83,857.56 Escrow Credit $0.00 Deficit $385.16 Subtotal $385.16 TOTAL $84,242.72 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 170589 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 170589 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 $84,242.72, together with interest from 01/30/2008 at the rate of $16.86 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; 203ao? FRANCIS 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 #: 170589 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in Shiremanstown, Cumberland County, PA, bounded and described as follows, to wit: BEGINNING at a point on the north side of Main Street, at line of other land of Mildred A. Sheaffer; thence along said Street westwardly fifteen (15) feet five and one-half (5 1/2) inches to lot of Russell A. Sheaffer about to be conveyed to the Grantee herein; thence along said lot and brick house thereon erected northwardly eighteen (18) feet and two (2) inches to the rear end of said brick house; thence westwardly four and one-half (4 1/2) feet to a point; thence along said lot northwardly to Stroh Alley, now Strawberry Alley; thence along said Alley eastwardly nineteen and one-half (19 1/2) feet to the said land of Mildred A. Sheaffer; thence along said lot southwardly to Main Street, the place of BEGINNING. HAVING thereon erected a two story frame dwelling house known as No. 105 East Main Street. PARCEL NO. 37-23-0555-129 PROPERTY BEING: 105 EAST MAIN STREET File #: 170589 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 ani 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 unworn falsifications to authorities. Attorney for Plaintiff 2 o3od DATE: , 3 °? oJo p ??.. oo 4 rr, -8 ?p sv a OD SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00771 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST COMPANY VS GARON DAMON R R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT GARON DAMON R but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , GARON DAMON R 105 EAST MAIN STREET , NOT FOUND , as to SHIREMANSTOWN, PA 17011 PER RESIDENT, DEFENDANT IS THE LANDLORD AND LIVES IN HARRISBURG. Sheriff's Costs: Docketing 18.00 Service 12.48 Not Found 5.00 Surcharge 10.00 00 45.48 So answers r,_= 57 R. T as Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 02/20/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-00771 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK TRUST COMPANY VS GARON DAMON R R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT GARON DAMON R but was unable to locate Him to wit: in his bailiwick. He therefore deputized the sheriff of DAUPHIN serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On February 20th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers: -?? Docketing 6.00 Out of County 9.00 Surcharge 10.00 Thoma Kline Postage 1.31 Sheriff of Cumberland County Dep Dauphin Co 35.25 61.56 ? -7/3 5)o. 02/20/2008 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A. D. Ift The Court of Common Pleas of Cumberland County, Penusylvaiiia Deutsche Bank Trust Company Americas VS. Damon R. Garon No 08-771 civil No. Now, February 5, 2ooa , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, 520 , at o'clock M. served the within upon at by handing to a and made known to copy of the original So answers, Sheriff of Sworn and subscribed before me this day of , 20. COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA the contents thereof. (Pilit't of the, Mary Jane nyder R al Estate DSepu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin DEUTSCHE BANK TRUST COMPANY, ET AL VS DAMON R GARON Sheriffs Return No. 2008-T-0283 OTHER COUNTY NO. 08-771 And now: FEBRUARY 14, 2008 at 9:50:00 AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon DAMON R GARON by personally handing to MICHELLE GARON 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 430 TRUDY ROAD HARRISBURG PA 17109 WIFE Sworn and subscribed to before me this 15TH day of February, 2008 A#i F NOTARIAL SEAL Y JANE SNYDER, Notary Publi R Higbspire, Dauphin County M Commission Expires Sept 1 2010 So Answers, Sheriff of Dauphin County, Pa. By Deputy en Deputy: T STRUBHAR Sheriffs Costs: $35.25 2/11/2008 Am 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 DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-771 CIVIL TERM DAMON R. GARON 430 TRUDY ROAD HARRISBURG, PA 17109 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 DAMON R. GARON and 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 $84,242.72 Interest from 01/31/2008 to 03/20/2008 $843.00 TOTAL $85,085.72 DANIEL G. SCHMIEG, ESQ?UIR!E Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PR PROTHY 170589 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. .. '- 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 ., 563-7000 DEUTSCHE BANK TRUST COMPANY AMERICAS, : COURT OF COMMON PLEAS AS TRUSTEE Plaintiff Vs. DAMON R. GARON Defendants TO: DAMON R. GARON 430 TRUDY ROAD HARRISBURG, PA 17109 CIVIL DIVISION CUMBERLAND COUNTY NO. 08-771 CIVIL TERM Ad03 311A DATE OF NOTICE: MARCH 6, 2009 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 Zn??? 17-(4", - LINDA NGUYEN, Legal Assis nt i 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 DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE 1100 VIRGINIA DRIVE P.O. BOX 8300 Plaintiff, V. DAMON R. GARON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-771 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 DAMON R. GARON is over 18 years of age and resides at, 430 TRUDY ROAD, HARRISBURG, PA 17109. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff p (f?p y W (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE 1100 VIRGINIA DRIVE P.O. BOX 8300 Plaintiff, V. DAMON R. GARON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-771 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on MAJVk A 200 By: T1uD1_1 T. y - If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, 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 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." PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan, Esquire IDENTIFICATION NO. 62695 1617 JFK Boulevard, Suite 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF Deutsche Bank Trust Company Americas, As Trustee Plaintiff Vs. Damon R. Garon Defendant(s) Cumberland County Court of Common Pleas CIVIL DIVISION NO. 08-771 CIVIL TERM 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. ands S. Hallinan, Esquire Attorney for Plaintiff Dated: 4/8/08 1 VERIFICATION ? -"? r C:. JT- Df hereby states that he/she is 54 of DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: C Loan: 7471458695 Name: Bey Stephan Title• ' Wd Signing Officer Company: DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE File #: 170589 PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan, Esquire IDENTIFICATION NO. 62695 1617 JFK Boulevard, Suite 1400 PHILADELPHIA, PA 19103 (215) 563-7000 Deutsche Bank Trust Company Americas, As Trustee Plaintiff VS. Damon R. Garon Defendant (s) ATTORNEY FOR PLAINTIFF Cumberland County Court of Common Pleas CIVIL DIVISION NO. 08-771 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Substitute Verification was sent via first class mail to the following on the date indicated below: Damon R. Garon 105 East Main Street Shiremanstown, PA 17011 r Francis S. Hallinan, Esquire Attorney for Plaintiff Dated: 4/8/08 0 rv ° O ?'! ? - , Jar "" C3 f ?? + C.D C "C ? --t (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE Plaintiff, V. DAMON R. GARON No. 08-771 CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $85,085.72 Interest from 3/21/08 TO 9/3/08 $2,336.33 and Costs (per diem -$13.99) Add'l Costs $1,908.75 TOTAL $89,330.80 C I Q MLG.CHMIEG, ESQ ?WU One Penn Center at Suburban zSnn 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. 170589 s w? O? ? w a? ?w z zz O w o? U w va off a?" Uz 0 H? 0 ?? ? w O U Z ,? W 6' b ° O 0 z A Y o S r b v? 0 a z O O ? U ? x o ? ? o Ho a a O H ? ? M U a w ¢ O o° p ou v b - - = O b D `n D cd 00 W) C :.. ?. co c3 q ,? L .. LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of real estate together with the improvements thereon, situated on the north side of East Main Street in the Borough of Shiremanstown, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the north side of Main Street, at line of land now or formerly of Mildred A. Sheaffer; thence along said Street westwardly, a distance of fifteen (15) feet five and one-half(5 1/2) inches to lot formerly of Russell A. Sheaffer; thence along said lot and brick house thereon erected northwardly, a distance of eighteen (18) feet and two (2) inches to the rear end of said brick house; thence westwardly, a distance of four and one-half (4 1/2) feet to a point; thence along said lot northwardly to Stroh's Alley, now Strawberry Alley; thence along said Alley eastwardly, a distance of nineteen and one-half (19 1/2) feet to the said land now or formerly of Mildred A. Sheaffer; thence along said lot southwardly to Main Street, the place of BEGINNING. HAVING THEREON ERECTED a two story frame dwelling house known as No. 105 East Main Street. TOGETHER WITH AND SUBJECT TO the right and privilege of the Grantee herein and the owners and occupiers of the adjoining property on the east side of the within conveyed premises to use the passage way on the east side of the property herein conveyed in common with each other for ingress, egress and regress to and from the properties known and numbered as 105 and 107 East Main Street, Shiremanstown, PA. BEING the same premises which Mary Ann Quigley, Executrix of the Will and estate of Mildred A. Sheaffer, Deceased, by her deed dated January 10, 1994 as recorded in the Recorder's Office aforesaid in Deed Book T', Volume 36, Page 123, granted and conveyed unto Samuel H. Black and S. Andrew Black, Co- partners. PARCEL IDENTIFICATION NO: 37-23-0555-129, CONTROL #: 37000135 TITLE TO SAID PREMISES IS VESTED IN Damon R. Garon, married man, by Deed from Samuel H. Black, (joined by his wife, Joanne M. Black) and Kierna A. Black, Individually a single person (widow) and as Executrix of the Estate and last will and testament of Samuel A. Black a/k/a S. Andrew Black, Deceased, dated 11/07/2006, recorded 11/16/2006, in Deed Book 277, page 3013. PREMISES BEING: 105 EAST MAIN STREET, SHIREMANSTOWN, PA 17011 PARCEL NO. 37-23-0555-129 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 DEUTSCHE BANK TRUST COMPANY , AMERICAS, AS TRUSTEE Plaintiff, , v. DAMON R. GARON , Defendant(s). , ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-771 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. WU A A I l \ L?' Y r DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff co DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE Plaintiff, v. DAMON R. GARON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-771 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE, 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 ,105 EAST MAIN STREET. SHIREMANSTOWN, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DAMON R. GARON 430 TRUDY ROAD HARRISBURG, PA 17109 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 Mers as a nominee for Homecomings Financial, LLC, f/k/a Homecomings Financial Network, Inc. Last Known Address (if address cannot be reasonably ascertained, please indicate) P.O. Box 2026 Flint, MI 48501-2026 Mers as a nominee for Homecomings 9 Sylvan Way Financial, LLC, f/k/a Homecomings Parsippany, NJ 07054 Financial Network, Inc. 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 105 EAST MAIN STREET SHIREMANSTOWN, PA 17011 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 17, 2008 Wvy DATE D L G. SCHMIEG, ESQUIRE Attorney for Plaintiff ?:? ?„i r ? ..J -' e? °??? V ""? -- .7 " ??. ?i1 '1 ?f' +' ..? ? ? "1 .r ._ e'er C..r? .. ??7 C:"t :?? 0 DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE Plaintiff, V. DAMON R. GARON Defendant(s). CUMBERLAND COUNTY No. 08-771 CIVIL TERM April 17, 2008 TO: DAMON R. GARON 430 TRUDY ROAD HARRISBURG, PA 17109 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 105 EAST MAIN STREET, SHIREMANSTOWN, PA 17011, 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 $85,085.72 obtained by DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE (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 CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of real estate together with the improvements thereon, situated on the north side of East Main Street in the Borough of Shiremanstown, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the north side of Main Street, at line of land now or formerly of Mildred A. Sheaffer; thence along said Street westwardly, a distance of fifteen (15) feet five and one-half(5 1/2) inches to lot formerly of Russell A. Sheaffer; thence along said lot and brick house thereon erected northwardly, a distance of eighteen (18) feet and two (2) inches to the rear end of said brick house; thence westwardly, a distance of four and one-half (4 1/2) feet to a point; thence along said lot northwardly to Stroh's Alley, now Strawberry Alley; thence along said Alley eastwardly, a distance of nineteen and one-half (19 1/2) feet to the said land now or formerly of Mildred A. Sheaffer; thence along said lot southwardly to Main Street, the place of BEGINNING. HAVING THEREON ERECTED a two story frame dwelling house known as No. 105 East Main Street. TOGETHER WITH AND SUBJECT TO the right and privilege of the Grantee herein and the owners and occupiers of the adjoining property on the east side of the within conveyed premises to use the passage way on the east side of the property herein conveyed in common with each other for ingress, egress and regress to and from the properties known and numbered as 105 and 107 East Main Street, Shiremanstown, PA. BEING the same premises which Mary Ann Quigley, Executrix of the Will and estate of Mildred A. Sheaffer, Deceased, by her deed dated January 10, 1994 as recorded in the Recorder's Office aforesaid in Deed Book T', Volume 36, Page 123, granted and conveyed unto Samuel H. Black and S. Andrew Black, Co- partners. PARCEL IDENTIFICATION NO: 37-23-0555-129, CONTROL #: 37000135 TITLE TO SAID PREMISES IS VESTED IN Damon R. Garon, married man, by Deed from Samuel H. Black, (joined by his wife, Joanne M. Black) and Kierna A. Black, Individually a single person (widow) and as Executrix of the Estate and last will and testament of Samuel A. Black a/k/a S. Andrew Black, Deceased, dated 11/07/2006, recorded 11/16/2006, in Deed Book 277, page 3013. PREMISES BEING: 105 EAST MAIN STREET, SHIREMANSTOWN, PA 17011 PARCEL NO. 37-23-0555-129 DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE Plaintiff, V. DAMON R. GARON Defendant(s). CUMBERLAND COUNTY No. 08-771 CIVII. TERM April 17, 2008 TO: DAMON R. GARON 430 TRUDY ROAD HARRISBURG, PA 17109 "THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATPEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 105 EAST MAIN STREET. SHIREMANSTOWN, PA 17011, 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 $85,085.72 obtained by DEUTSCHE BANK TRUST COMPANY AMERICAS. AS TRUSTEE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of real estate together with the improvements thereon, situated on the north side of East Main Street in the Borough of Shiremanstown, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the north side of Main Street, at line of land now or formerly of Mildred A. Sheaffer; thence along said Street westwardly, a distance of fifteen (15) feet five and one-half(5 1/2) inches to lot formerly of Russell A. Sheaffer; thence along said lot and brick house thereon erected northwardly, a distance of eighteen (18) feet and two (2) inches to the rear end of said brick house; thence westwardly, a distance of four and one-half (4 1/2) feet to a point; thence along said lot northwardly to Stroh's Alley, now Strawberry Alley; thence along said Alley eastwardly, a distance of nineteen and one-half (19 1/2) feet to the said land now or formerly of Mildred A. Sheaffer; thence along said lot southwardly to Main Street, the place of BEGINNING. HAVING THEREON ERECTED a two story frame dwelling house known as No. 105 East Main Street. TOGETHER WITH AND SUBJECT TO the right and privilege of the Grantee herein and the owners and occupiers of the adjoining property on the east side of the within conveyed premises to use the passage way on the east side of the property herein conveyed in common with each other for ingress, egress and regress to and from the properties known and numbered as 105 and 107 East Main Street, Shiremanstown, PA. BEING the same premises which Mary Ann Quigley, Executrix of the Will and estate of Mildred A. Sheaffer, Deceased, by her deed dated January 10, 1994 as recorded in the Recorder's Office aforesaid in Deed Book 'T', Volume 36, Page 123, granted and conveyed unto Samuel H. Black and S. Andrew Black, Co- partners. PARCEL IDENTIFICATION NO: 37-23-0555-129, CONTROL #: 37000135 TITLE TO SAID PREMISES IS VESTED IN Damon R. Garon, married man, by Deed from Samuel H. Black, (joined by his wife, Joanne M. Black) and Kierna A. Black, Individually a single person (widow) and as Executrix of the Estate and last will and testament of Samuel A. Black a/k/a S. Andrew Black, Deceased, dated 11/07/2006, recorded 11/16/2006, in Deed Book 277, page 3013. PREMISES BEING: 105 EAST MAIN STREET, SHIREMANSTOWN, PA 17011 PARCEL NO. 37-23-0555-129 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-771 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK TRUST COMPANY AMERICAS, as Trustee, Plaintiff (s) From DAMON R. GARON (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 $85,085.72 L.L.$ 0.50 Interest from 3/21/08 to 9/03/08 (per diem - $13.99) - $2,336.33 and Costs Atty's Comm % Atty Paid $226.04 Plaintiff Paid Date: 4/18/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $1,908.75 Pr onotary 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 Deutsche Bank Trust Company VS Damon R. Garon In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-771 Civil Term 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 Poundage Levy Law Library Prothonotary Out of County Dauphin County Surcharge So Answers: R. Thomas Kline, Sheriff BY Real Estate rgeant 30.00 2.48 15.00 .50 2.00 9.00 47.25 20.00 $126.23 ? 4/a?l pg a0G ?io7ys w DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE Plaintiff, v. DAMON R. GARON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-771 CIVIL, TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE, 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 ,105 EAST MAIN STREET, SHIREMANSTOWN, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DAMON R. GARON 430 TRUDY ROAD HARRISBURG, PA 17109 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Mers as a nominee for Homecomings Financial, LLC, f/k/a Homecomings Financial Network, Inc. P.O. Box 2026 Flint, MI 48501-2026 Mers as a nominee for Homecomings 9 Sylvan Way Financial, LLC, f/k/a Homecomings Parsippany, NJ 07054 Financial Network, Inc. 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 105 EAST MAIN STREET SHIREMANSTOWN, PA 17011 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 17, 2008 DATE D L G. SCHMIEG, ESQUIRE Attorney for Plaintiff DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE Plaintiff, V. DAMON R. GARON Defendant(s). CUMBERLAND COUNTY No. 08-771 CIVIIL TERM April 17, 2008 TO: DAMON R. GARON 430 TRUDY ROAD HARRISBURG, PA 17109 * *THIS FIRMISA DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. * * Your house (real estate) at, 105 EAST MAIN STREET. SHIREMANSTOWN, PA 17011, 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 $85,085.72 obtained by DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE (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 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. J CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of real estate together with the improvements thereon, situated on the north side of East Main Street in the Borough of Shiremanstown, County of Cumberland anct Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the north side of Main Street, at line of land now or. formerly of Mildred A. Sheaffer; thence along said Street westwardly, a distance of fifteen (15) feet five and one-half(5 1/2) inches to lot formerly of Russell A. Sheaffer; thence along said lot and brick house thereon erected northwardly, a distance of eighteen (18) feet and two (2) inches to the rear end of said brick house; thence westwardly, a distance of four and one-half (41/2) feet to a point; thence along said lot northwardly to Stroh's Alley, now Strawberry Alley; thence along said Alley eastwardly, a distance of nineteen and one-half (19 1/2) feet to the said land now or formerly of Mildred A. Sheaffer; thence along said lot southwardly to Main Street, the place of BEGINNING. Street. HAVING THEREON ERECTED a two story frame dwelling house known as No. 105 East Main TOGETHER WITH AND SUBJECT TO the right and privilege of the Grantee herein and the owners and occupiers of the adjoining property on the east side of the within conveyed premises to use the passage way on the east side of the property herein conveyed in common with each other for ingress, egress and regress to and from the properties known and numbered as 105 and 107 East Main Street, Shiremanstown, PA. BEING the same premises which Mary Ann Quigley, Executrix of the Will and estate of Mildred A. Sheaffer, Deceased, by her deed dated January 10, 1994 as recorded in the Recorder's Office aforesaid in Deed Book T', Volume 36, Page 123, granted and conveyed unto Samuel H. Black and S. Andrew Black, Co- partners. PARCEL IDENTIFICATION NO: 37-23-0555-129, CONTROL #: 37000135 TITLE TO SAID PREMISES IS VESTED IN Damon R. Garon, married man, by Deed from Samuel H. Black, (joined by his wife, Joanne M. Black) and Kiema A. Black, Individually a single person (widow) and as Executrix of the Estate and last will and testament of Samuel A. Black a/k/a S. Andrew Black, Deceased, dated 11/07/2006, recorded 11/16/2006, in Deed Book 277, page 3013. PREMISES BEING: 105 EAST MAIN STREET, SHIREMANSTOWN, PA 17011 PARCEL NO. 37-23-0555-129 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-771 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK TRUST COMPANY AMERICAS, as Trustee, Plaintiff (s) From DAMON R. GARON (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $85,085.72 L.L.$ 0.50 Interest from 3/21/08 to 9/03/08 (per diem - $13.99) - $2,336.33 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $226.04 Other Costs $1,908.75 Plaintiff Paid Date: 4/18/08 Pro notary (Seal) By: Deputy REQUESTING PARTY: 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 # 22 On May 8, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Shiremanstown, Cumberland County, PA Known and numbered as 105 East Main Street, Shiremanstown, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 8, 2008 By: 'jb (4 smt4-? Real Estate Sergeant h Z -8 V I Z 8dtl Boot JBAHS 3hi ?u J1??0 µ s (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE Plaintiff, . V. No. 08-771 CIVIL TERM DAMON R. GARON Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 03/21/2008-12/10/2008 (per diem -$13.99) Add'1 Costs TOTAL $85,085.72 $3,707.35 and Costs $4,892.75 $93,685.82 J)nd DANIEL G. SCHMIEG, E QUIRE 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. 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. 170589 d O m . d O w? n ?, N O ?d d U d O U ? H O A ,-1% S1 „a w? W . O ? H o on W ? O a U a 8 0 d a A ? p o p ?" a? ? d W ? 10 -q - - = 'n y v Case 1:08-bk-01950-RNO Doc 36 Filed 06/26/08 Entered 06/26/08 15:43:03 Desc Main Document Page 1 of 1 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: MICHELLE N. GARON F/K/A MICHELLE N. DUVALL DAMON R. GARON AIK/A DAMON R. TODD GARON A/K/A DAMON TODD GARON Debtors Bk. No. 1:08-bk-01950 RNO Chapter No. 07 DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE Movant V. MICHELLE N. GARON F/K/A MICHELLE N. DUVALL DAMON R. GABON A/K/A DAMON R. TODD GARON A/K/A DAMON TODD GARON Respondents and LEON P. HALLER, ESQUIRE (TRUSTEE) Respondents 11 U.S.C.§362 ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 105 EAST MAIN STREET, SHIREMANSTOWN, 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. Dated: June 26, 2008 By the Court, obelr,t N. Op ,11f Bgnkr"tcy ;fudge (cK Tia dac=mt #s electronically sig d ccM: flW-w the some dote. DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE Plaintiff, V. DAMON R. GARON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-771 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE, 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 ,105 EAST MAIN STREET, SHIREMANSTOWN, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DAMON R. GARON 430 TRUDY ROAD HARRISBURG, PA 17109 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Mers as a nominee for Homecomings Financial, LLC, Vk/a Homecomings Financial Network, Inc. Mers as a nominee for Homecomings Financial, LLC, Vk/a Homecomings Financial Network, Inc. P.O. Box 2026 Flint, MI 48501-2026 9 Sylvan Way Parsippany, NJ 07054 Mers as a nominee for Homecomings 3300 SW 34th Avenue Financial, LLC, f/k/a Homecomings Suite 101 Financial Network, Inc. Ocala, FL 34474 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 105 EAST MAIN STREET SHIREMANSTOWN, PA 17011 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 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. July 24, 2008 DATE .Mnd L& DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff ? --rr ,•? i ,, cy wT t e7 ? , Ln -,a rQ G 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 DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE Plaintiff, V. DAMON R. GARON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-771 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: Q 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. DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff t? N ? ?P'+ ?-.: ? ? '°t? t' C_.- ? T ?'tl y- ? r a -? ? . .,?-? {?? -?' C" " _ ""C7 ?R Y. t. ?' _. _..y :- ? N s } --•? DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE Plaintiff, V. DAMON R. GARON Defendant(s). CUMBERLAND COUNTY No. 08-771 CIVIL TERM July 24, 2008 TO: DAMON R. GARON 430 TRUDY ROAD HARRISBURG, PA 17109 "THIS FIRMIS 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 ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. * * Your house (real estate) at, 105 EAST MAIN STREET, SHIREMANSTOWN, PA 17011, is scheduled to be sold at the Sheriff s Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $85,085.72 obtained by DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE (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. I' 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 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 if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of real estate together with the improvements thereon, situated on the north side of East Main Street in the Borough of Shiremanstown, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the north side of Main Street, at line of land now or formerly of Mildred A. Sheaffer; thence along said Street westwardly, a distance of fifteen (15) feet five and one-half(5 1/2) inches to lot formerly of Russell A. Sheaffer; thence along said lot and brick house thereon erected northwardly, a distance of eighteen (18) feet and two (2) inches to the rear end of said brick house; thence westwardly, a distance of four and one-half (4 1/2) feet to a point; thence along said lot northwardly to Stroh's Alley, now Strawberry Alley; thence along said Alley eastwardly, a distance of nineteen and one-half (19 1/2) feet to the said land now or formerly of Mildred A. Sheaffer; thence along said lot southwardly to Main Street, the place of BEGINNING. HAVING THEREON ERECTED a two story frame dwelling house known as No. 105 East Main Street. TOGETHER WITH AND SUBJECT TO the right and privilege of the Grantee herein and the owners and occupiers of the adjoining property on the east side of the within conveyed premises to use the passage way on the east side of the property herein conveyed in common with each other for ingress, egress and regress to and from the properties known and numbered as 105 and 107 East Main Street, Shiremanstown, PA. BEING the same premises which Mary Ann Quigley, Executrix of the Will and estate of Mildred A. Sheaffer, Deceased, by her deed dated January 10, 1994 as recorded in the Recorder's Office aforesaid in Deed Book 'T', Volume 36, Page 123, granted and conveyed unto Samuel H. Black and S. Andrew Black, Co-partners. PARCEL IDENTIFICATION NO: 37-23-0555-129, CONTROL #: 37000135 TITLE TO SAID PREMISES IS VESTED IN Damon R. Garon, married man, by Deed from Samuel H. Black, (joined by his wife, Joanne M. Black) and Kierna A. Black, Individually a single person (widow) and as Executrix of the Estate and last will and testament of Samuel A. Black a/k/a S. Andrew Black, Deceased, dated 11/07/2006, recorded 11/16/2006, in Deed Book 277, page 3013. PREMISES BEING: 105 EAST MAIN STREET, SHIREMANSTOWN, PA 17011 PARCEL NO. 37-23-0555-129 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-771 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK TRUST COMPANY AMERICAS, As Trustee, Plaintiff (s) From DAMON R. GARON (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 $85,085.72 L.L.$ 0.50 Interest from 3/21/08 - 12/10/08 (per diem - $13.99) - $3,707.35 and Costs Atty's Comm % Atty Paid $373.77 Plaintiff Paid Date: 7/25/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $4,892.75 Prothonotary By: Deputy Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, 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 AFFIDAVIT OF SERVICE PLAINTIFF DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE DEFENDANT(S) DAMON R. GARON SERVE DAMON R. GARON AT: 430 TRUDY ROAD HARRISBURG, PA 17109 CUMBERLAND COUNTY No. 08-771 CIVIL TERM ACCT. #170589 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 10, 2008 SERVED Served and made known to G n4 11 04 Q . GQ 600 , Defendant, on the l7 day of JS 2001 - at Y F , o'clock P.m., at 430 , R.o-d Ha(r.'XL),n P/}- T hod 17/09 , Commonwealth - of Pennsylvania, in the manner described below: X 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: Description: Age Height S f?? Weight ?30.4 Race LAl Sex K4 Other I, Con4.41e lben,4,k C- I4,WO' 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. Sworn to and s ibed befor me this d y of , 200 Notary- , By: 1?- //AV PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. COMMONWEALTH OF PENNSYLVANIA NOT SERVED NOTARIAL SEAL One= P. LV PublIC 200_, at o'clock _.m., Defendant NOT FOUND because: 10 No Answer Vacant 1St Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of , 200-. Notary: 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 ?- ' Lij ' CJ' . L... LL C\j LLI C? C 1 a r?., ' ell W4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK TRUST COMPANY AMERICAS, AS CUMBERLAND COUNTY TRUSTEE COURT OF COMMON PLEAS Plaintiff V. CIVIL DIVISION DAMON R. GARON NO. 08-771 CIVIL TERM Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: 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: 105 FAST MAIN STRF.FT_ SHIREMANSTOWN, PA 17011. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders 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 Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. 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. OL'n?h-s DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff Date: November 10, 2008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he snld in the ahsence 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. 170589 0 'a W O a o v? a 0 .n p0- ? U ? tz. O a O ?D a zdo aq d t 4 a 6a ?6 ? ZI Soot . aZg? e w O az n: ?O?o ?UO? ?a t iw v z z A U ? U L d ?C G n z z a A? Ell W as O o 10 O gm UAPO.a N W Z P. i ?, •. ti .1? O a C) O o • N ? p ° > O N1 ? y`?y? 00 .Nr w i ? ? O c ? td 00 •v a 3 W a z FN N O C6 v, N oa ? x > C'O ai ) ° ... ? N a b,o ..r C1 m U .., y? ... o N co y 41 r. L ) "o 0 w 5 a SA w¢ Cs, t„ 6 N 30 O o pcc G? 4??? 0 cc p Q En a+ 0 4) yy N V] N D' 44 Q O p {? O t U ? a ?? Paz 4 aaz oz GO v o > "g r. 00 ox ol C-4 IX cc z?n ° o w i2 ?O a a a a v? U o .?rs. L1a fak es x;X4P4 0 a M v - I 'o I t- 1 00 as d O as M p M t/1 •? C1 •O w a o ? o ? ? z •? a cs q a 44 : W 0? v F rrM ? IOWW 01 00 h O V ?r t O a? z ? r". O a W A O W ? O u .a. o ?g 'o h :, 6 .sq?g U u' C O E 6o' w .? 10. 'O S . k uasw 5b ?? o o u T "' w p ° g no O w H' q O w ? N O ? O h a°i w 6 c.? t5 N o ° u S 4Q) E°•9 qHx q .S Iz- a g ?T a°w o? ?Ya z; F M' V e oT U F ¦ r_ f':_? .,m..:r .?.j ?.F m. (`y4?t ,?... {?j i 1 .. ? r .] a - ,. ?.r.' ? ?s?? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Deutsche Bank Trust Co Americas Trustee is the grantee the same having been sold to said grantee on the 4 day of Febru A.D., 2009, under and by virtue of a writ Execution issued on the 25 day of Jam, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 771, at the suit of Deutsche Bank Trust Co Americas Trustee against Damon R Garon is duly recorded as Instrument Numbe 96 oct o 563 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this A day of VX , A.D. 3-0U q ecorder of Deeds R6oc3r of Nods, Cumberland County. CmUb, PA * CoomsWon E*a to Ftrd Mw4sy of JxL 2010 r't Deutsche Bank Trust Company Americas In the Court of Common Pleas of As Trustee Cumberland County, Pennsylvania VS Writ No. 2008-771 Civil Term Damon R. Garon R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Damon R. Garon, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description, according to law. DAUPHIN COUNTY RETURN: And Now, August 29, 2008 at 0903 hours served the within Real Estate Writ, Notice of Sale and Description upon Damon R. Garon by making known unto Damon Garon personally 430 Trudy Road, Harrisburg, PA 17109 its contents and at the same time handing to him a true and correct copy of the same. So answers: Jack Lotwick, Sheriff of Dauphin County, Pennsylvania. Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on October 8, 2008 at 1902 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 Damon R. Garon, located at, 105 East Main Street, Shiremanstown, 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: Damon R. Garon, by regular mail to his last known address of 430 Trudy Road, Harrisburg, PA 17109. This letter was mailed under the date of October 6, 2008 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 February 4, 2009 at 10:00 o'clock A.M., He sold the same for the sum of $1.00 to Attorney Daniel G. Schmieg, on behalf of Deutsche Bank Trust Company Americas, As Trustee. It being the highest bid and best price received for the same, Deutsche Bank Trust Company Americas, As Trustee of 1100 Virginia Drive, Ft. Washington, PA 19034, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 1,335.95 Sheriffs Costs: Docketing $30.00 Poundage 26.20 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 13.00 Levy 15.00 Surcharge 20.00 Out of County 9.00 Dauphin County 47.25 Post Pone Sale 20.00 Law Journal 509.00 Patriot News 466.58 Share of Bills 14.92 a 17S L? 03J HE Distribution of Proceeds 25.00 Sheriff s Deed 49.50 $1,335.95 ? 31 ay?o q'" So Answers: R. Thomas Kline, Sheriff BY G,- v?"41/1 _dat? Real Estate Coordinator ?• yro 2?. z a MGj .-i , ` Y....f t'? ftl?r,,,• ,, r ? ?,. , bEUTSCHE BANK TRUST COMPANY .AMERICAS, AS,TRUSTEE Plaintiff, V. DAMON R. GARON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-771 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE, 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 ,105 EAST MAIN STREET, SHIREMANSTOWN, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DAMON R. GARON 430 TRUDY ROAD HARRISBURG, PA 17109 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Mers as a nominee for Homecomings Financial, LLC, Uk/a Homecomings Financial Network, Inc. Mers as a nominee for Homecomings Financial, LLC, f/k/a Homecomings Financial Network, Inc. P.O. Box 2026 Flint, MI 48501-2026 9 Sylvan Way Parsippany, N3 07054 Mers as a nominee,for Homecomings 3300 SW 34`h Avenue Financial, LLC, Ma Homecomings Suite 101 Financial Network, Inc. Ocala, FL 34474 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 105 EAST MAIN STREET SHI REMANSTO'WN, PA 17011 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 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h 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. July 24, 2008 DATE .M2Vd (A Alte!? - - DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE Plaintiff, V. DAMON R. GARON Defendant(s). CUMBERLAND COUNTY No. 08-771 CIVIL TERM July 24, 2008 TO: DAMON R. GARON 430 TRUDY ROAD HARRISBURG, PA 17109 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBTAND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 105 EAST MAIN STREET, SHIREMANSTOWN, PA 17011, is scheduled to be sold at the Sheriff's Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $85,085.72 obtained by DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property . 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of real estate together with the improvements thereon, situated on the north side of East Main Street in the Borough of Shiremanstown, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the north side of Main Street, at line of land now or formerly of Mildred A. Sheaffer; thence along said Street westwardly, a distance of fifteen (15) feet five and one-half(51/2) inches to lot formerly of Russell A. Sheaffer; thence along said lot and brick house thereon erected northwardly, a distance of eighteen (18) feet and two (2) inches to the rear end of said brick house; thence westwardly, a distance of four and one-half (41/2) feet to a point; thence along said lot northwardly to Stroh's Alley, now Strawberry Alley; thence along said Alley eastwardly, a distance of nineteen and one-half (191/2) feet to the said land now or formerly of Mildred A. Sheaffer; thence along said lot southwardly to Main Street, the place of BEGINNING. HAVING THEREON ERECTED a two story frame dwelling house known as No. 105 East Main Street. TOGETHER WITH AND SUBJECT TO the right and privilege of the Grantee herein and the owners and occupiers of the adjoining property on the east side of the within conveyed premises to use the passage way on the east side of the property herein conveyed in common with each other for ingress, egress and regress to and from the properties known and numbered as 105 and 107 East Main Street, Shiremanstown, PA. BEING the same premises which Mary Ann Quigley, Executrix of the Will and estate of Mildred A. Sheaffer, Deceased, by her deed dated January 10, 1994 as recorded in the Recorder's Office aforesaid in Deed Book'T', Volume 36, Page 123, granted and conveyed unto Samuel H. Black and S. Andrew Black, Co-partners. PARCEL IDENTIFICATION NO: 37-23-0555-129, CONTROL #: 37000135 TITLE TO SAID PREMISES IS VESTED IN Damon R. Garon, married man, by Deed from Samuel H. Black, (joined by his wife, Joanne M. Black) and Kierna A. Black, Individually a single person (widow) and as Executrix of the Estate and last will and testament of Samuel A. Black a/k/a S. Andrew Black, Deceased, dated 11107/2006, recorded 11/16/2006, in Deed Book 277, page 3013. PREMISES BEING: 105 EAST MAIN STREET, SHIREMANSTOWN, PA 17011 PARCEL NO. 37-23-0555-129 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OV CUMBERLAND) NO 08-771 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK TRUST COMPANY AMERICAS, As Trustee, Plaintiff (s) From DAMON R. GARON (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $85,085.72 L.L.$ 0.50 Interest from 3121/08 -12/10/08 (per diem - $13.99) - $3,707.35 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $373.77 Other Costs $4,892.75 Plaintiff Paid Date: 7/25/08 rothonotary *47 (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, 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 #29 On August 19, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Shiremanstown Borough, Cumberland County, FA Known and numbered as 105 East Main Street, Shiremanstown more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: Ault 1.9, 2W81 . By: j 0 Real Estate Sergeant cvhe Patriot-News Now you know P. O. BOX 2265 HARRISBURG, PA 17105 (717) 255-8237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT. # 2260 DUPLICATE BILL 10/29/08 11/05/08 11/12/08 et Co: Of Ad Sheriff Sale 29 110.561 $14.57 $ 153.86 Sheriff Sale 29 10.56 $14.57 $ 153.86 Sheriff Sale 29 10.56 $14.57 $ 153.86 Notary Fee I I ( I I 1 1 $5.00 TOTAL DUE FOR THIS SALE: $ 466.58 JLC 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: October 31, November 7 and November 14, 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. Marie COvneJ Editor SWORN TO AND SUBSCRIBED before me this 14 day of November, 2008 Notary r NOTARIAL SEAL DEBORAH A COLLINS Notary Pt&41c CARLISLE BORO, CUMBERLAND COUNTY MY COMM"On Explrea Apr 28, 2010 - ---! 1W 20 igloo Writ No. 2008-771 Civil Deutsche Bank Trust Company Americas as Trustee VS. Damon R. Garon Atty.: Daniel Sehmieg LEGAL DESCRIPTION Par- state together CERTAIN her with the eel of real estate tog situated on improvements thereon, the north side of East Mein Street Street in the Borough of Shiremanstown' riCounty of Cumberland mCom ore monwealth of Pennsylvania, particularly bounded and described as follows: point on the BEGINNING at a Street, at line of north side of Mann of Mildred A. land now or formerly said Street Sheaffer; thence along westwardly, a distance of fifteen inches feet five and one-half (5 1/ ) nches Sheaf- to lot formerly of Russell A. and brick fer; thence along said lot an house thereon erected northwardlY, (1) feet an a distance of eigh rear end of said two (2) inches to the we ? west k t? brick house; thence tanee of four and ,1C?t north"tto S? *WAuty, now o4 !old A5' ead', a, dia and one-half (19 1(2) feet Mito the ldred teen an said land now or formerly of said lot A Sheaffer; thence along ?uthwardly to Main street, the place of BEGINNING. HAVING THEREON ERECTED a two story frame dwelling house known as No. 105 East Main Street. TOGETHER WITH AND SUBJECT TO the right and privilege of the Grantee herein and the owners and occupiers of the adjoining property on the east side of the within conveyed premises to use the passage way on the east side of the property herein conveyed in common with each other for ingress, egress and regress to and from the properties known and numbered as 105 and 107 East Main Street, Shiremanstown, PA. BEING the same premises which Mary Ann Quigley, Executrix of the Will and estate of Mildred A. Sheaffer, Deceased, by her deed dated Janu- ary 10, 1994 as recorded in the Re- corder's Office aforesaid in Deed Book °T', Volume 36, Page 123, granted and conveyed unto Samuel H. Black and S. Andrew Black, Co-partners. PARCEL IDENTIFICATION NO: 37-23-0555-129, CONTROL 37000135. TITLE TO SAID PREMISES IS VESTED IN Damon R. Garon, mar- ried man, by Deed from Samuel H. Black, (joined by his wife, Joanne M. Black) and Kierna A. Black, In- dividually a single person (widow) and as Executrix of the Estate and last will and testament of Samuel A. Black a/k/a S. Andrew Black, Deceased, dated 11/07/2006, re- corded 11/16/2006, in Deed Book 277, page 3013. PREMISES BEING: 105 EAST MAIN STREET, SHIREMANSTOWN, PA 17011. PARCEL NO. 37-23-0555-129. "fhe Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c?he atn"ot-Netus Now you know 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 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: 10/29/08 11/05/08 /- 11/12/08 Sworn to od?scribed before me /this 25 day of,'November, 2008 A.D. r 1`1/ { V r ? `7 Notary Public f CRrfMQ EALTti OF PENNSY'?vpiyrft tWniarial SPaI -°-- msner Notary Public CY of H nJ, Dauphin County 'MY Commission E spires ?dov. 26, 2011 C l4embPr. Pen tsutuanra A; snrlation of r4ltarie Real Estate Sale No. 29 Writ No. 2008-771 CIVII Term Deutsche BankTrust Company Americas as Trustee VS Damon R. Garon Attorney Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of real estate together with the improvements thereon, situated on the north side of East Main Stteet in the Borough of Shiremanstown, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the north side of Main Street, at line of land now or formerly of Mildred A. Shealfer, thence along said Street westwardly, a distance of fifteen (15) feet five and one-half(5 112) inches to lot formerly of Russell A. Sheaffer; thence along said lot and brick house thereon erected northwardly, a distance of eighteen (18) feet and two (2) inches to the-'-w 4,4 of . r . we y, a & um of four and one half (41/ 2) fact to a paint, &am atop uW to noel waxty-io QA's AI1cy,,:®ow Slrawberry Alhy; thence along said Alley eastwardly, a distance of nineteen and one-half (191/2) feet to the said land now or formerly of Mildred A. Sbeaffer; thence along said lot southwardly to Main Street, the place of BEGINNING. HAVING THEREON ERECTED a two story frame dwelling house known as No. 105 East Main Street. TOGETHER WITH AND SUBJECT To the right and privilege of the Grantee herein and the owners and occupiers of the adjoining property on the east side of the within conveyed premises t- use the passage way on the east side of the property hereut conveyed in common with each other for ingress, egress and regress to and from d.- properties known and numbered as 105 and 137 East Main Street, Shiremanstown, PA. BEING the same premises which Mary Ann Quigley, Executrix of the Will and estate of )Wdred A. Sheaffer, Deceased, by her deed dL,ed January 10, 1994 as recorded in the Recordm's Office aforesaid in Deed Book `T', Volume 36, Page 123, granted and conveyed uato Samuel H. Black and S. Andrew Black, Co- partners. " PARCEL IDENTIFICATION NO: 37-23-0555- 129, CONTROL #: 37000135 TITLE TO SAID PREMISES IS VESTED IN Damon R. Garon, married man, by Deed from Samuel H. Black, (joined by his wife, Joanne M. Black) and Kierna A. Black, Individually a single person (widow) and as Executrix of the Estate and last will and testament of Samuel A. Black a/k/a S. Andrew Black, Deceased, dated 11/07/2006, recorded 1111612006, in Deed Book 277, page 3013. PREMISES BEING: 105 EAST MAIN STREET, SHIREMANSTOWN, PA 17011 PARCEL NO. 37-23-0555-129