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HomeMy WebLinkAbout08-0993LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 POPULAR MORTGAGE SERVICING, INC. 121 Woodcrest Road Cherry Hill, NJ 08003 Plaintiff, V. DEBRA C. S WEENEY 4 Shirley Lane Township of South Middleton Boiling Springs, PA 17007 Defendant. THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08- qQ3 iv'( ierM 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 this court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 THE INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 AVISO PARA DEFENDER USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o objeciones a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un jazgamiento puede ser entrado contra usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 NOTICE The amount of your debt is stated in the attached document. The name and address of the creditor to whom the debt is owed is as named in the attached document. This is an attempt by a debt collector to collect a debt. Any information obtained will be used for that purpose. Unless you notify this office within thirty (30) days after receiving this notice that you dispute the validity of the debt or any portion thereof, this office will assume that this debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice that the debt, or any portion thereof, is disputed, this office will obtain verification of the debt and mail you a copy of such verification. Collection agencies are regulated by a federal law which grants you certain rights. One of these is the right to have us cease communication with you about this debt. If you ask us in writing to cease, we will. This law is administered by the Federal Trade Commission, Division of Credit Practices, Washington D.C. 20580. If you request this office in writing within thirty (30) days after receiving this notice, this office will provide you with the name and address of the original creditor, if different from the current creditor. Peter Meltzer, Esquire 1600 Locust Street Philadelphia, PA 19103 (215) 545-3300 LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 POPULAR MORTGAGE SERVICING, INC. 121 Woodcrest Road Cherry Hill, NJ 08003 Plaintiff, V. DEBRA C. SWEENEY 4 Shirley Lane Township of South Middleton Boiling Springs, PA 17007 Defendant. THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. Of - 9 93 &;,t I `rt,, COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the plaintiff, Popular Mortgage Servicing, Inc. by and through its attorneys, Law Offices of Peter E. Meltzer and Associates, P.C., and files this Complaint in Mortgage Foreclosure pursuant to the Pennsylvania Rules of Civil Procedure and avers the following: PARTIES 1. Plaintiff, Popular Mortgage Servicing, Inc. is a Pennsylvania corporation with an address at 121 Woodcrest Road, Cherry Hill, NJ 08003. 2. Defendant is the individual named above residing at the address given above. VENUE 3. Venue is proper in Cumberland County under Pa.R.Civ.P. 1142 in that said County is the county where the cause of action arose and the county where the transaction or occurrence took place out of which the cause of action arose and the county where the real property which secures the loan made by Plaintiff to Defendant is located. FACTS 4. On or about May 24, 2007, Equity One, Inc. loaned Defendant the principal sum of $178,800.00 with interest in accordance with the terms and conditions of a certain Promissory Note of even date executed by Defendant in favor of Equity One, Inc. (the "Note") The Note is secured by a Mortgage executed by Defendant in favor of Mortgage Electronic Systems, Inc. as nominee for Equity One, Inc. (the "Mortgage") granting Equity One, Inc. a mortgage lien on real estate located at 4 Shirley Lane, Township of South Middleton, Boiling Springs, PA 17007 (the "Property"). The Mortgage was recorded on June 7, 2007 with the Cumberland County Recorder of Deeds at Book 1995 Page 0552. 6. Upon information and belief, the Property consists of a residential dwelling. 7. Defendant is the owner of the Property covered by the Mortgage. 8. Plaintiff is the holder of the Note and Mortgage as successor in interest and there have been no further assignments of the Note and Mortgage. 9. As a result of the failure to make payments due under the Note since August 1, 2007 and thereafter, the entire unpaid balance of principal indebtedness, together with all accrued and unpaid interest, and all of Plaintiffs costs as authorized in the Note are immediately due and payable, comprised as follows: 2 Principal Balance Due: $ 178,679.79 Interest Due as of February 5, 2008: $ 8,605.04 Late Charges: $ 458.78 Escrow Advance: $ 246.66 Corporate Advance Balance: $ 915.88 Prepayment Penalty: $ 5,709.66 Insufficient Check Fees: $ 75.00 Recording Fee: $ 27.00 Attorney's Fees: $ 9,735.89 Costs of Suit and Title Search: $ 500.00 Total Sum Due $ 204,953.70 Interest accrues on the Note from February 6, 2008, at the per diem rate of $39.11 and there is an applicable monthly late charge. 10. The attorneys' fees set forth above are in conformity with the mortgage documents and/or Pennsylvania law and will be collected in the event of a third-party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to sale, reasonable attorneys' fees will be charged based on work actually performed. 11. Act 6, the Act of January 30, 1974, P.L. 13, No. 6, 41 P.S. §403 et sec., and the Homeowner's Emergency Assistance Act, Act of December 23, 1983, P.L. 395, No. 91, 35 P. S. §1680.401(c) et sec., have been complied with or are not applicable. WHEREFORE, Plaintiff demands in rem judgment for foreclosure and sale of the property against Defendant in the amounts and with the per diem interest set forth in paragraph 9 above, together with interest at the rate set forth in the Note from the date of judgment, and other damages and relief as the court may deem just. Respectfully submitted, LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. Dated: 219109 By: i::?" H A. JA O , ES 3 VERIFICATION I, Victor F. Parisi, Vice President, am duly authorized to make this Verification on behalf of Plaintiff, and do hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I further understand that the statements therein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Victor F. Parisi ro 4. Cy. -r - Cn, t.-:') S.:J T C? -rf --? 00 t t . l r-c-, (7Z r7 0) cu 0 z 0 . cij cil SHERIFF'S RETURN - REGULAR CASE NO: 2008-00993 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND POPULAR MORTGAGE SERVICING INC VS SWEENEY DEBRA C NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SWEENEY DEBRA C the DEFENDANT at 1505:00 HOURS, on the 15th day of February , 2008 at 4 SHIRLEY LANE BOILING SPRINGS, PA 17007 DEBRA C SWEENEY by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.76 Affidavit .00 Surcharge 10.00 a12o/o& 00 33.76 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 02/19/2008 PETER MELTZER & ASSOCIATES By: Deputy Sheriff A. D. LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 Attorneys for Plaintiff POPULAR MORTGAGE SERVICING, INC V. DEBRA C. SWEENEY COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-993 CIVIL Praecipe for Judgment To the Prothonotary: Enter in rem judgment in the sum of $209,099.36 in favor of the plaintiff POPULAR MORTGAGE SERVICING, INC. and against Defendant DEBRA C. SWEENEY because of Defendant's failure to file an answer within twenty (20) days of service of the Complaint, and assess damages as follows: Amount claimed in Complaint: $204,953.70 Per diem interest from 2/6/08 to and including 5/21/08: $ 4,145.66 Per diem interest from 5/22/08 at $39.11 per day: $ REAL DEBT Attorney for ASSESSMENT OF DAMAGES $209,099.36 AND NOW, this ga day of MaLL , 2008, damages are assessed as above. Pr onotary t 00, LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 POPULAR MORTGAGE SERVICING, INC. V. DEBRA C. SWEENEY Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-993 CIVIL CERTIFICATION AS TO COMPLIANCE WITH PA.R.CIV.P. 237.1 I hereby certify that I am the attorney for the plaintiff in this action and further certify that on March 7, 2008 I caused the 10-day notice required by Pa.R.Civ.P. 237.1 to be sent to the defendant after defendant's failure to plead to the Complaint in the above matter which was served upon defendant by the Cumberland County Sheriff on February 15, 2008, and I hereby further certify that defendant failed to answer the Complaint or otherwise respond to the Complaint or the 10-day notice in any way. A copy of the Proof of Mailing of the 10-day Notice is attached hereto as Exhibit "A". Dated: May 21, 2008 J?c W. Jaros , squire 4arah Attorney for PI ' tiff r LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 Attorneys for Plaintiff POPULAR MORTGAGE SERVICING, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY V. NO. 08-993 CIVIL DEBRA C. SWEENEY To: Debra C. Sweeney 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 (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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 Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. Dated: March 7, 2008 By: ARAH A. JA "S, ESQUIRE Attorney for Plaintiff This is an attempt by a debt collector to collect a debt. Any information obtained will be used for that purpose. w e 9 9 OD v fJ1 W N R ??gg C C) ! ?y O i - m? ? ? N mo N?4n 3 9 m? 0 ; m 7 O n b m v 1 I ? I ^ ?? i t 00000 H ?a p? c? i fr i d m 3 I ( I I `? 0000 Jz> (? m m $' 001 d .r m A???o¢3 i;vMlA,g? m$ " m 3 < n` ? ,M y t0 d ai W 3 1 <21 0 7 M 9 Signat ure Con firmati on -n n tii Re stricted Delive ry -- --- F 1 Return Receip t I T I O CO N p O 0 OD LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 POPULAR MORTGAGE SERVICING, INC V. DEBRA C. SWEENEY Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-993 CIVIL CERTIFICATE OF ADDRESS AND NON-MILITARY SERVICE The undersigned hereby certifies that, upon information and belief: Debra C. Sweeney is over 21 years of age, resides at 4 Shirley Lane, Boiling Springs, PA 17007 and is employed at unknown as an unknown. Deponent further avers that, upon information and belief, the above individual is not within the protection of the Soldiers' and Sailors' Civil Relief Act of 1940, together with amendments thereto. I AJ ah A. Jarosh, q ire 40- O V r 00 D I l ? ?y 'f. LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 POPULAR MORTGAGE SERVICING, INC. V. DEBRA C. SWEENEY TO: Debra C. Sweeney Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-993 CIVIL NOTICE PURSUANT TO RULE 236 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE, NOTICE IS GIVEN THAT A JUDGMENT BY DEFAULT IN THE ABOVE- CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. PROTHONOTARY ?/013?0$ If you have any questions concerning the above, please ontact: Meltzer & Associates, P.C. Sarah A. Jarosh, Esquire 1600 Locust St., Suite 200 Philadelphia, PA 19103 215-545-3339 Or LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 POPULAR MORTGAGE SERVICING, INC. V. DEBRA C. SWEENEY Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-993 CIVIL Praecipe for Writ of Execution To the Prothonotary: Issue writ of execution in the above matter: Amount due: $209,099.36 Interest from judgment date: $ Costs to be added: $ ah MAJarosh, qui Attorney for Plain iff Legal Description attached z R ? o o $ IN w ? ? a { v' C.?.7 r- O r EXHIBIT A All that certain tract of land with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a point on the Northern side of Shirley Lane on the dividing line between Lots Nos. 22 and 23 on the hereinafter mentioned Plan of Lots; thence by said dividing line, North 21 ° 10' 10" West, 120 feet to a point; thence by the dividing line between Lots Nos. 23 and 27 on said Plan of Lots, North 68° 49'50" East, 100 feet to a point; thence by the dividing line between Lots Nos. 23 and 24 on said Plan of Lots, South 21 ° 10' 10" East, 120 feet top a point on the Northern side of Shirley Lane; thence by the Northern side of Shirley Lane, South 681 49' 50" West, 100 feet to the place of Beginning. Being Lot No. 23 on the Plan of Lots known as Clifton Heights, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 17, Page 59. Tax ID / Parcel No. 40-27-1921-006 BEING the same premises which Terrance A. West and Joan L. West, husband and wife, by Deed dated October 17, 2005 and recorded October 18, 2005 in Cumberland County in Book 271, Page 2397, granted and conveyed unto Debra C. Sweeney, single person, in fee. LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 POPULAR MORTGAGE SERVICING, INC. v. DEBRA C. SWEENEY Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-993 CIVIL CERTIFICATION TO SHERIFF AS TO THE SALE OF REAL PROPERTY DATE OF SALE: September 3, 2008 I hereby certify that I am the attorney for the plaintiff in this action and further certify that this Property is: X Act 6 and Act 91 complied with. ah A. Jarosh, E quire Attorney for Plain iff It LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 POPULAR MORTGAGE SERVICING, INC. V. DEBRA C. SWEENEY Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-993 CIVIL Affidavit Pursuant to Rule 3129.1 Popular Mortgage Servicing, Inc., Plaintiff in the above action, sets forth as of the date that the Praecipe for Writ of Execution was filed the following information concerning the real property located at 4 Shirley Lane, Boiling Springs, PA 17007: 1. Name and address of owner(s) or reputed owner(s): Name Debra C. Sweeney 2. Address 4 Shirley Lane Boiling Springs, PA 17007 Name and address of defendant(s) in the judgment: Name Debra C. Sweeney Address 4 Shirley Lane Boiling Springs, PA 17007 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address 4. Name and address of the last recorded holder of every mortgage of record: Name Address Je 1 11 Popular Mortgage Servicing, Inc. 121 Woodcrest Road Cherry Hill, NJ 08003 5. Name and address of every other person who has any record lien on the property: Name Address Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Judy Campbell, Tax Collector P.O. Box 300 Boiling Springs, PA 17007 6 7 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 Cumberland County Domestic Relations Address 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of PA Department of Welfare Commonwealth of PA Bureau of Compliance P.O. Box 2675 Harrisburg, PA 17105 Dept. 280946 Harrisburg, PA 17128-0946 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 Address I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. Dated: May 21, 2008 *ar Jaro 2 - -'C + _ GJ r LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 POPULAR MORTGAGE SERVICING, INC V. DEBRA C. SWEENEY Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-993 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Debra C. Sweeney Your real estate at 4 Shirley Lane, Boiling Springs, PA 17007 is scheduled to be sold at Sheriff's Sale on September 3, 2008 at 10:00 a.m., at the Commissioner's Hearing Room, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $209,099.36 obtained by Popular Mortgage Servicing, Inc. against you. NOTICE OF OWNERS 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 canceled if you pay to Meltzer & Associates, P.C. the back payments, late charges, costs and reasonable attorneys fees due. To find out how much you must pay, you may contact Meltzer & Associates, P.C. at 215- 545-3300. 2. You may be able to stop the sale by filing a petition asking a 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 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 below of 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 bid price by calling Meltzer & Associates, P.C. at 215-545-3300 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 the property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Meltzer & Associates, P.C. at 215-545-3300. 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. You have the right to remain in the property until the full amount 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 approximately 30 days after the date of the Sheriff's 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 10 days. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 2 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-993 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due POPULAR MORTGAGE SERVICING, INC., Plaintiff (s) From DEBRA C. SWEENEY (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 $209,099.36 Interest FROM JUDGMENT DATE Atty's Comm % Atty Paid $152.76 Plaintiff Paid Date: MAY 23, 2008 L.L. $.50 Due Prothy $2.00 Other Costs Curti . Long, onot (Seal) By: Deputy REQUESTING PARTY: Name SARAH A. JAROSH, ESQUIRE Address: LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. 1600 LOCUST ST., SUITE 200 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-545-3300 Supreme Court ID No. 206946 . LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 Attorneys for Plaintiff POPULAR MORTGAGE SERVICING, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY V. NO. 08-993 CIVIL DEBRA C. SWEENEY EMERGENCY PETITION TO POSTPONE SHERIFF'S SALE NUNC PRO TUNC TO THE HONORABLE JUDGES OF SAID COURT: Petitioner, the above named Plaintiff, by and through its attorneys, hereby petitions this Court for a postponement of the Sheriff's Sale nunc pro tunc, and in support thereof respectfully states as follows: 1. Petitioner holds a mortgage on real estate owned by Defendant located at 4 Shirley Lane, Township of South Middleton, Boiling Springs, PA 17007 (the "Property"). 2. Petitioner obtained a judgment against Defendant on May 23, 2008 and a Sheriff's Sale of the property was listed for September 3, 2008. 3. On September 2, 2008, the day before the scheduled sale, Defendant filed a Chapter 13 bankruptcy petition in the Middle District of Pennsylvania. 4. As a result of the bankruptcy filing, the sale was postponed from September 3, 2008 to December 10, 2008.- 5. On or about October 6, 2008, the Defendant's bankruptcy case was dismissed. 6. On December 9, 2008, the sale had to be postponed until January 7, 2009 as a result of an 1 assignment issue. 7. On December 16, 2009, the Sheriff's office was notified of the bankruptcy case dismissal. See Exhibit "A" attached hereto. The sale was scheduled for 10:00 this morning, January 7, 2009. At about the exact moment that the sale was scheduled to commence, Petitioner's local counsel, Nathan Wolf, from Dale Shughart & Associates, contacted Sarah Jarosh at the undersigned's law office to notify her that he had just been advised that the Sheriff believed that the case was still in bankruptcy and did not want to sell the property. 9. Ms. Jarosh obtained the file and called back about 3-5 minutes later to advise that the bankruptcy case had been dismissed on October 6, 2009 and that a fax had been sent to the Sheriff on December 16, 2009 regarding that fact. However, because there were only a few sales scheduled this morning, the Sheriff's office advised that they were unaware of the bankruptcy case dismissal and that the sale had already been stayed despite the extremely brief interval (literally just a few moments) between the two phone calls. 10. The Sheriff's Sale cannot be postponed again without additional advertising costs or Sheriff's costs without an Order of Court. However, under Pa.R.Civ.P. 3129.3(a) and the comment thereto, the Court has discretion to allow postponement of the sale without new notice in appropriate cases. It is respectfully submitted that this is such a case for several reasons. 11. First, Petitioner was unaware that the Sheriff's office was unaware of the bankruptcy case dismissal, especially having sent a notification of the dismissal on December 16, 2008. Second, in almost every other case where a sheriff's office feels that there may be an issue which might prevent the sale of a property (such as an ongoing bankruptcy), they will 2 typically notify counsel's office at least several days before the sale to notify counsel of this fact. This then gives the attorney on the writ and the sheriff's office the opportunity to resolve the situation in advance of the sale. In this case however, this did not occur. Rather, the Sheriff did not notify Petitioner's local counsel that they believed there was an issue with the sale until virtually the exact moment that the sale was starting. Then, in the 3-5 minutes between the moment we received the phone call and the callback to advise as to the case dismissal, the sheriff had already stayed the sale. In other words, the Sheriff provided no advance notice whatsoever that it was not going to sell the Property. Third, it is submitted that if a sale occurs which violates the automatic stay, that would be the plaintiff's problem anyway and not the sheriff's problem since the sheriff was ordered to conduct the sale. Thus the sale should not have been unilaterally stayed by the Sheriff. WHEREFORE, Petitioner requests that this Court enter an Order nunc pro tunc postponing the Sheriff's Sale until February 4, 2009, without the need for further advertising, further notice to the Defendants or creditors, or Sheriff's costs concerning the sale. LAW OFFICES OF PETER E. MELTZER AND ASSOQ, ANTES, P.C. Dated: January 7, 2009 By: PETER Co-counsel: Dale F. Shughart, Jr. 3 VERIFICATION I, Peter E. Meltzer, am duly authorized to make this Verification on behalf of Popular Mortgage Servicing, Inc. et al. and do hereby verify that the statements made in the foregoing Petition to Postpone Sheriff's Sale are true and correct to the best of my knowledge, information and belief. I further understand that the statements therein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Peter eltzer Law Offices of Peter E. Meltzer and Associates, P.C. 1600 Locust Street Affiliated With: Suite 200 pmeltzer@meltzerlaw.net Dembo & Saldutti Philadelphia, PA 19103 www.lawyers.com/meltzerlaw 102 Browning, Bldg. B. 215-545-3300 Members PA, NJ Bars Cherry Hill, NJ 08003 Fax 215-545-0666 856-354-8866 FACSIMILE TRANSMISSION SHEET Name of Recipient: Cumberland County Sheriff Attn: Jody Smith Fax No.: 717-240-6397 Name of Sender: Sarah A. Jarosh Telephone No.: Date: December 16, 2008 Number of pages (including cover sheet): 1 Client/Matter No.: IF COPY IS ILLEGIBLE OR INCOMPLETE PLEASE CALL 215-545-3339 FOR RETRANSMISSION Popular Mortgage Servicing, Inc. v. Sweeney; No. 08-993 Civil Term Real Estate Sale No. 62 THE ABOVE SALE WAS POSTPONED FROM DECEMBER 10, 2008 TO JANUARY 7, 2009. IF YOU ARE NOT ALREADY AWARE, THIS IS TO ADVISE THAT THE BORROWER'S BANKRUPTCY PROCEEDING HAS BEEN DISMISSED. SEE DISMISSAL ORDER ATTACHED HERETO. THANK YOU. ? Urgent ? For your review ? Please comment ? Per our discussion The originals of the attached documents ? will follow ? will not follow Confidentiality Notice The information contained in this facsimile transmission is client privileged and confidential information and is intended only for the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us via U.S. Postal Service. We will reimburse you for all expenses incurred. Thank you. IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: DEBRA CALAMAN SWEENEY Debtor(s) Chapter 13 Case No.: 1:08-bk-03178-MDF ORDER DISMISSING CASE Upon consideration of Debtor's Motion to Dismiss Chapter 13 Case, and it having been determined that this case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. By the Court, (]DK) This document is electronically signed and, filed on the same date. Dated: October 6, 2008 Case 1:08-bk-03178-MDF Doc 14 Filed 10/06/08 Entered 10/06/08 15AG9_ 1SMEWWREV04= Main Document Page 1 of 1 r '7j POPULAR MORTGAGE SERVICING, INC : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-993 Civil Term VS. - DEBRA C. SWEENEY, - Defendant ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with Law Offices of Peter E. Meltzer and Associates, P.C., for the limited purpose of filing a Motion and Order of Court to Postpone Sheriff's Sale. Date: January 8, 2009 Nak;kff Pl- Wolf Sup e Court I.D. 87380 10 West High Street Carlisle, PA 17013 (717) 241-4436 CC: Peter E. Meltzer, Esquire Dale F. Shughart, Jr., Esquire Tom Kline, Cumberland County Sheriff :'. 7 `. - ?? ..S ' ' ? ??. ??? •r+?a. ?_? ?. ?LL 4. ?. :,? •"?. LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer, Esquire Identification No.: 39828 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 JAN 0 9 2009 THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff POPULAR MORTGAGE SERVICING, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY V. NO. 08-993 CIVIL DEBRA C. SWEENEY ORDER '?h AND NOW, this q day of January, 2009, upon consideration of the annexed Petition, it is hereby, ORDERED AND DECREED that the Sheriff is directed to postpone the Sheriff's Sale of the property located at 4 Shirley Lane, Township of South Middleton, Boiling Springs, PA 17007 nunc pro tunc until February 4, 2009, without the need for further advertising, further notice to the Defendant or creditors, or Sheriff's costs concerning the sale. BY THE COURT: J. If nj • T - r V C3. ? [A,?C `aN3 .??t ?237 1 eW .73.14 9? AilMO, n,-19v g ?S:6 Rd f-1 r W AHVI ,{l. d0 R Popular Mortgage Servicing, Inc. VS Debra C. Sweeney In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-993 Civil Term Shannon K. Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on June 14, 2008 at 0804 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Debra C. Sweeney, by making known unto Debra Sweeney personally, at 4 Shirley Lane, Boiling Springs, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copies of the same. Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on July 21, 2008 at 1856 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 Debra C. Sweeney located at 4 Shirley Lane, Boiling Springs, 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: Debra C. Sweeney by regular mail to her last known address of 4 Shirley Lane, Boiling Springs, PA 17007. This letter was mailed under the date of July 15, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, per letter of request from attorney Sarah Jarosh. Sheriff's Costs: Docketing 30.00 Poundage 16.92 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 10.00 Levy 15.00 Surcharge 20.00 Postpone sale 60.00 Law Journal 355.00 Patriot News 305.72 Share of bills 17.64 $862.78 3 S -. /? R. Thomas Kline, Sheriff 40 Real Estate Coordinator C?41og??3? ??a `=- CV ?_ C-4 C the Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the PaftiotjwXtws 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 Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/23/08 ..... ... ... s. - d. Sworn to me i is'?ro5fAugust, 2008 A.D. Public 07/30/08 08/06/08 tyorM p? C-mv 2DII Of Real Estate Sale No. 62 Writ No. 2008-993 Civil Term Popular Mortgage Servicing, Inc. VS Debra C. Sweeney Attorney Sara Jarosh LEGAL DESCRIPTION All that certain tract of land with the improvements thereon erected situate in South , Middleton Township, Cumberland County Pennsylvania, bounded and described as follows: Beginning at a point on the Northern side of Shirley Lane on the dividing line between Lots Nos. 22 and 23 on the hereinafter mentioned Plan of Lots; thence by said dividing line, North 21 degrees 10' 10" West, 120 feet to a point; thence by the dividing line between Lots Nos. 23 and 27 on said Plan of Lots, North 68 degrees 49' 50" Past, 100 feet to a point; thence by the dividing lice between Lots Nos. 23 and 24 on said Plan of Lots, South 21 degrees 10' 10" East 120 feet top a point on the Northern side of Shirley Lane, thence by the Northern side of Shirley Lane, South 68 degrees 49' 50" West, 100 feet to the place of Beginning. Being Lot No. 23 on the Plan of Lou known as Clifton Heights, as recorded in the Office of the Recorder of Deals for Cumberland County in Plan Book J7, Page 59. Tax ID / Parcel No. 40-27-1921-006 BEING the same premises which Terrance A. West and Joan L. West, husband and wife, by Deed dated October 17, 2005 and recorded October 18, 2005 in Cumberland County in Book 271, Page 2397, granted and conveyed unto Debra C. Sweeney, single person, in fee. ?e 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 Of Ad 07/23/08 07/30/08 08/06/08 Sheriff Sale 62 6.88 $14.57 $ 100.24 Sheriff Sale 62 6.88 $14.57 $ 100.24 Sheriff Sale 62 6.88 $14.57 $ 100.24 Notary Fee I I I I I 1 1 $5.00 TOTAL DUE FOR THIS SALE: $ 305,72 JLC FAMM6 AM So" Na 40 Writ No. 2008-993 Civil Popular Mortgage Servicing, Inc. VS. Debra C. Sweeney Atty.: Sara Jarosh EXHIBIT A All that certain tract of land with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a point on the North- ern side of Shirley Lane on the divid- ing line between Lots Nos. 22 and 23 on the hereinafter mentioned Plan of Lots; thence by said dividing line, North 21° 10' 10" West, 120 feet to a point; thence by the dividing line between Lots Nos. 23 and 27 on said Plan of Lots, North 68° 49' 50" East, 100 feet to a point; thence by the di- viding line between Lots Nos. 23 and 24 on said Plan of Lots, South 21 ° 10' 10" East, 120 feet top a point on the Northern side of Shirley Lane; thence by the Northern side of Shirley Lane, South 68° 49' 50" West, 100 feet to the place of Beginning. Being Lot No. 23 on the Plan of Lots known as Clifton Heights, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 17, Page 59. Tax ID/Parcel No. 40-27-1921- 006. BEING the same premises which Terrance A. West and Joan L. West, husband and wife, by Deed dated Oc- tober 17, 2005 and recorded October 18, 2005 in Cumberland County in Book 271, Page 2397, granted and conveyed unto Debra C. Sweeney, single person, in fee. LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh . Identification No.: 206946 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 Attorneys for Plaintiff POPULAR MORTGAGE SERVICING, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY V. NO. 08-993 CIVIL DEBRA C. SWEENEY Affidavit Pursuant to Rule 3129.1 Popular Mortgage Servicing, Inc., Plaintiff in the above action, sets forth as of the date that the Praecipe for Writ of Execution was filed the following information concerning the real property located at 4 Shirley Lane, Boiling Springs, PA 17007: 1. Name and address of owner(s) or reputed owner(s): Name Debra C. Sweeney 2 Address 4 Shirley Lane Boiling Springs, PA 17007 Name and address of defendant(s) in the judgment: Name Debra C. Sweeney 3 4. Address 4 Shirley Lane Boiling Springs, PA 17007 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Name and address of the last recorded holder of every mortgage of record: Name Address 1 J ,0 `y R Popular Mortgage Servicing, Inc. 121 Woodcrest Road Cherry Hill, NJ 08003 5. Name and address of every other person who has any record lien on the property: 6. 7. Name Address Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Judy Campbell, Tax Collector P.O. Box 300 Boiling Springs, PA 17007 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 Cumberland County Domestic Relations Address 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of PA Department of Welfare Commonwealth of PA Bureau of Compliance P.O. Box 2675 Harrisburg, PA 17105 Dept. 280946 Harrisburg, PA 17128-0946 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 Address I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. 4904 relating to unworn falsification to authorities. Dated: May 21, 2008 AC 4A. 2 LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 POPULAR MORTGAGE SERVICING, INC. V. DEBRA C. SWEENEY Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-993 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Debra C. Sweeney Your real estate at 4 Shirley Lane, Boiling Springs, PA 17007 is scheduled to be sold at Sheriff's Sale on September 3. 2008 at 10:00 a.m., at the Commissioner's Hearing Room, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $209,099.36 obtained by Popular Mortgage Servicing, Inc. against you. NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: The sale will be canceled if you pay to Meltzer & Associates, P.C. the back payments, late charges, costs and reasonable attorneys fees due. To find out how much you must pay, you may contact Meltzer & Associates, P.C. at 215- 545-3300. 2. You may be able to stop the sale by filing a petition asking a 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 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 below of how to obtain an attorney.) i M r ei 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 bid price by calling Meltzer & Associates, P.C. at 215-545-3300 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 the property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Meltzer & Associates, P.C. at 215-545-3300. 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 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 approximately 30 days after the date of the Sheriff's 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 10 days. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 2 r EXHIBIT A All that certain tract of land with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a point on the Northern side of Shirley Lane on the dividing line between Lots Nos. 22 and 23 on the hereinafter mentioned Plan of Lots; thence by said dividing line, North 21 ° 10' 10" West, 120 feet to a point; thence by the dividing line between Lots Nos. 23 and 27 on said Plan of Lots, North 68° 49' 50" East, 100 feet to a point; thence by the dividing line between Lots Nos. 23 and 24 on said Plan of Lots, South 21 ° 10' 10" East, 120 feet top a point on the Northern side of Shirley Lane; thence by the Northern side of Shirley Lane, South 68° 49' 50" West, 100 feet to the place of Beginning. Being Lot No. 23 on the Plan of Lots known as Clifton Heights, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 17, Page 59. Tax ID / Parcel No. 40-27-1921-006 BEING the same premises which Terrance A. West and Joan L. West, husband and wife, by Deed dated October 17, 2005 and recorded October 18, 2005 in Cumberland County in Book 271, Page 2397, granted and conveyed unto Debra C. Sweeney, single person, in fee. WRIT OF EXECUTION and/or ATTACHMENT r' COMMONWEALTH OF PENNSYLVANIA) NO 08-993 Civil COUN'T'Y OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due POPULAR MORTGAGE SERVICING, INC., Plaintiff (s) From DEBRA C. SWEENEY (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 $209,099.36 Interest FROM JUDGMENT DATE Atty's Comm % Atty Paid $152.76 Plaintiff Paid Date: MAY 23, 2008 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs C Long, P otary By: Deputy REQUESTING PARTY: Name SARAH A. JAROSH, ESQUIRE Address: LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. 1600 LOCUST ST., SUITE 200 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-545-3300 Supreme Court ID No. 206946 Real Estate Sale #62 On May 29, 2008 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Townsap Cumberland County, PA Known and numbered as 4 Shirley Lane, Boiling Springs more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 29, 2008 By: ?IJ Real Es to Sergeant 11 :11 b b z OW 0001 AJ183HS _s11. 1 -?i ]3LA v? LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1530 Locust St., Suite L-900 Philadelphia, PA 19102 (215) 545-3300 POPULAR MORTGAGE SERVICING, INC V. DEBRA C. SWEENEY Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-993 CIVIL Praecipe for Writ of Execution To the Prothonotary: Issue writ of execution in the above matter: Amount due: Interest from judgment date: Costs to be added: $209,099.36 Sarah A. faros , squire Attorney for Plaintiff Legal Description attached O ?d4.oo PD AT" a3• 7(o aSF 8(oa. 76 14-oo ail .00 $11037. oq - PD ATTy $11. 00 ova ?% w f JAO(o f P-T 4- a33gag r AU EXHIBIT A All that certain tract of land with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a point on the Northern side of Shirley Lane on the dividing line between Lots Nos. 22 and 23 on the hereinafter mentioned Plan of Lots; thence by said dividing line, North 211 10' 10" West, 120 feet to a point; thence by the dividing line between Lots Nos. 23 and 27 on said Plan of Lots, North 68° 49' 50" East, 100 feet to a point; thence by the dividing line between Lots Nos. 23 and 24 on said Plan of Lots, South 21 ° 10' 10" East, 120 feet top a point on the Northern side of Shirley Lane; thence by the Northern side of Shirley Lane, South 681 49' 50" West, 100 feet to the place of Beginning. Being Lot No. 23 on the Plan of Lots known as Clifton Heights, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 17, Page 59. Tax ID / Parcel No. 40-27-1921-006 BEING the same premises which Terrance A. West and Joan L. West, husband and wife, by Deed dated October 17, 2005 and recorded October 18, 2005 in Cumberland County in Book 271, Page 2397, granted and conveyed unto Debra C. Sweeney, single person, in fee. t UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA In Re: DEBRA CALAMAN SWEENEY XXX-XX-1111 Debtor, : Chapter 13 : Case No. 1:09-bk-00718-MDF 11 U.S.C. § 362(d) LITTON LOAN SERVICING, LP AS SERVICING AGENT FOR MTGLQ INVESTORS, L.P. V. Movant, DEBRA CALAMAN SWEENEY Debtor, And CHARLES J. DeHART, III Trustee, Respondent. ORDER MODIFYING §362 AUTOMATIC STAY Upon the application of PARKER McCAY PA, Attorneys for Litton Loan Servicing, LP as servicing agent for MTGLQ Investors, L.P., its successors and/or assigns ("Movant") under Bankruptcy Code section 362(d) for relief from the automatic stay as to certain real property as hereinafter set forth, and for cause shown; IT IS hereby ORDERED as follows: LAW OFFICE PARKER McCAY 1. The automatic stay of Bankruptcy Code section 362(a) is vacated to permit the Movant to institute or resume and prosecute to conclusion one or more actions in the court(s) of appropriate jurisdiction to pursue the Movant's rights in the following property described below to the extent and in the manner provided by any applicable contract documents and non-bankruptcy law. Case 1:09-bk-00718-MDF Doc 48 Filed 10/19/09 Entered 10/19/0914:06:50 Desc Main Document Page 1 of 2 4 Shirley Lane, Twp. of South Middleton (Boiling Springs), Pennsylvania 17007 2. Rule 4001(a)(3) is not applicable and Movant may immediately enforce and implement this Order granting relief from the automatic stay. The Movant may join the Debtor and any Trustee appointed in this case as defendants in its action(s) irrespective of any conversion to any other chapter of the Bankruptcy Code. By the Cowl, p Judge (JDx) This document is electronically signed and faded on the same date. Dated: October 19, 2009 LAW OFFICE PARKER McCAY Case 1:09-bk-00718-MDF Doc 48 Filed 10/19/09 Entered 10/19109 14:06:50 Desc Main Document Page 2 of 2 LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1530 Locust St., Suite L-900 Philadelphia, PA 19102 (215) 545-3300 Attorneys for Plaintiff POPULAR MORTGAGE SERVICING, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY V. NO. 08-993 CIVIL DEBRA C. SWEENEY CERTIFICATION TO SHERIFF AS TO THE SALE OF REAL PROPERTY DATE OF SALE: March 3, 2010 I hereby certify that I am the attorney for the plaintiff in this action and further certify that this Property is: X Act 6 and Act 91 complied with. a6 ) d?? Sarah A. Jarosh E quire Attorney for Plai ff t c 12 "?1 ?r LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1530 Locust St., Suite L-900 Philadelphia, PA 19102 (215) 545-3300 POPULAR MORTGAGE SERVICING, INC. V. DEBRA C. SWEENEY Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-993 CIVIL Affidavit Pursuant to Rule 3129.1 Popular Mortgage Servicing, Inc., Plaintiff in the above action, sets forth as of the date that the Praecipe for Writ of Execution was filed the following information concerning the real property located at 4 Shirley Lane, Boiling Springs, PA 17007: 1. Name and address of owner(s) or reputed owner(s): 2. 3 4. Name Debra C. Sweeney Address 4 Shirley Lane Boiling Springs, PA 17007 Name and address of defendant(s) in the judgment: Name Debra C. Sweeney Address 4 Shirley Lane Boiling Springs, PA 17007 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Addracc Name and address of the last recorded holder of every mortgage of record: Name MTGLQ Investors, L.P. Address 4828 Loop Central Drive Houston, TX 77081 5 6. 7 Name and address of every other person who has any record lien on the property: Name Address Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Judy Campbell, Tax Collector P.O. Box 300 Boiling Springs, PA 17007 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 Cumberland County Domestic Relations Address 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of PA Department of Welfare Commonwealth of PA Bureau of Compliance P.O. Box 2675 Harrisburg, PA 17105 Dept. 280946 Harrisburg, PA 17128-0946 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 Address I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. Dated: November 10, 2009 49di Sarah A. Jaro 2 L - ?., r n.,gi!t y;?.i i ?Sy ?aJ ? ???z ?,? f G'] LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1530 Locust St., Suite L-900 Philadelphia, PA 19102 (215) 545-3300 POPULAR MORTGAGE SERVICING, INC. V. DEBRA C. SWEENEY Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-993 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Debra C. Sweeney Your real estate at 4 Shirley Lane, Boiling Springs, PA 17007 is scheduled to be sold at Sheriff's Sale on March 3, 2010 at 10:00 a.m., at the Commissioner's Hearing Room, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $209,099.36 obtained by Popular Mortgage Servicing, Inc. against you. NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: The sale will be canceled if you pay to Meltzer & Associates, P.C. the back payments, late charges, costs and reasonable attorneys fees due. To find out how much you must pay, you may contact Meltzer & Associates, P.C. at 215- 545-3300. 2. You may be able to stop the sale by filing a petition asking a 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 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 below of 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 Al" If the sheriff's sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Meltzer & Associates, P.C. at 215-545-3300 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 the property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Meltzer & Associates, P.C. at 215-545-3300. 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 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 approximately 30 days after the date of the Sheriff's 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 10 days. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 2 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-993 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due POPULAR MORTGAGE SERVICING, INC., Plaintiff (s) From DEBRA C. SWEENEY (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 $209,099.36 L.L. Interest from judgment date -- To be determined Atty's Comm % Due Prothy $2.00 Atty Paid $1,037.04 Other Costs Plaintiff Paid Date: 11/12/09 gturti. Lo , o on ary (Seal) By: Deputy REQUESTING PARTY: Name: SARAH A. JAROSH, ESQUIRE Address: LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, PC 1530 LOCUST ST., SUITE L-900 PHILADELPHIA, PA 19102 Attorney for: PLAINTIFF Telephone: 215-545-3300 Supreme Court ID No. 206946 , SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ED T , r :, \i., i Sheriff P T . t 1t Jody S Smith In: 42 Chief Deputy Edward L Schorpp Solicitor OFFi Popular Mortgage Services, Inc. Case Number vs. Debra C Sweeney 2008-993 SHERIFF'S RETURN OF SERVICE 12/22/2009 Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 12-22-209 at 1842 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 Debra C. Sweeney, located at, 4 Shirley Lane, Boiling Springs, Cumberland County, Pennsylvania according to law. 12/22/2009 06:48 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 12-22-09 at 1842 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Debra C. Sweeney, by making known unto, Trevor Sweeney, son of defendant, at, 4 Shirley Lane, Boiling Springs, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 01/19/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Peter Meltzer on 1/11/10 SHERIFF COST: $99.37 SO ANSWERS, March 05, 2010 RON R ANDERSON, SHERIFF . D f? rc4 ? Ca . 7yGs0 ?- 3?/?-2 C, Countysuite shenfr Te!eosoft. Inc t LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer • Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1530 Locust St., Suite L-900 Philadelphia, PA 19102 (215) 545-3300 POPULAR MORTGAGE SERVICING, INC. V. DEBRA C. SWEENEY Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-993 CIVIL Affidavit Pursuant to Rule 3129.1 Popular Mortgage Servicing, Inc., Plaintiff in the above action, sets forth as of the date that the Praecipe for Writ of Execution was filed the following information concerning the real property located at 4 Shirley Lane, Boiling Springs, PA 17007: 1. Name and address of owner(s) or reputed owner(s): Name Address Debra C. Sweeney 4 Shirley Lane Boiling Springs, PA 17007 2. Name and address of defendant(s) in the judgment: Name `Debra C. Sweeney 3. 4 Address 4 Shirley Lane Boiling Springs, PA 17007 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Name and address of the last recorded holder of every mortgage of record: Name MTGLQ Investors, L.P. Address 4828 Loop Central Drive Houston, TX 77081 1 5. Name • Address Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Judy Campbell, Tax Collector P.O. Box 300 Boiling Springs, PA 17007 6 7. Name and address of every other person who has any record lien on the property: 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 Cumberland County Domestic Relations Address 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of PA Department of Welfare Commonwealth of PA Bureau of Compliance P.O. Box 2675 Harrisburg, PA 17105 Dept. 280946 Harrisburg, PA 17128-0946 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 Address I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. 4904 relating to unworn falsification to authorities. add-- Dated: November 10, 2009 Sarah A. Jaro 2 LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1530 Locust St., Suite L-900 Philadelphia, PA 19102 (215) 545-3300 Attorneys for Plaintiff POPULAR MORTGAGE SERVICING, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY V. NO. 08-993 CIVIL DEBRA C. SWEENEY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Debra C. Sweeney Your real estate at 4 Shirley Lane, Boiling Springs, PA 17007 is scheduled to be sold at Sheriff s Sale on March 3, 2010 at 10:00 a.m., at the Commissioner's Hearing Room, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $209,099.36 obtained by Popular Mortgage Servicing, Inc. against you. NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale you must take immediate action: 1. The sale will be canceled if you pay to Meltzer & Associates, P.C. the back payments, late charges, costs and reasonable attorneys fees due. To find out how much you must pay, you may contact Meltzer & Associates, P.C. at 215- 545-3300. 2. You may be able to stop the sale by filing a petition asking a 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 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 below of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE I. If the sheriff's sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Meltzer & Associates, P.C. at 215-545-3300 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 the property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Meltzer & Associates, P.C. at 215-545-3300. 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 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 approximately 30 days after the date of the Sheriff s 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 10 days. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 2 lam, ? .af , EXHIBIT A All that certain tract of land with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a point on the Northern side of Shirley Lane on the dividing line between Lots Nos. 22 and 23 on the hereinafter mentioned Plan of Lots; thence by said dividing line, North 21 ° 10' 10" West, 120 feet to a point; thence by the dividing line between Lots Nos. 23 and 27 on said Plan of Lots, North 68° 49' 50" East, 100 feet to a point; thence by the dividing line between Lots Nos. 23 and 24 on said Plan of Lots, South 21 ° 10' 10" East, 120 feet top a point on the Northern side of Shirley Lane; thence by the Northern side of Shirley Lane, South 68° 49' 50" West, 100 feet to the place of Beginning. Being Lot No. 23 on the Plan of Lots known as Clifton Heights, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 17, Page 59. Tax ID / Parcel No. 40-27-1921-006 BEING the same premises which Terrance A. West and Joan L. West, husband and wife" Sy Deed dated October 17, 2005 and recorded October 18, 2005 in Cumberland County in Book 271, Page 2397, granted and conveyed unto Debra C. Sweeney, single person, in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-993 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due POPULAR MORTGAGE SERVICING, INC., Plaintiff (s) From DEBRA C. SWEENEY (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 $209,099.36 L.L. Interest from judgment date -- To be determined Atty's Comm % Due Prothy $2.00 Atty Paid $1,037.04 Plaintiff Paid Date: 11/12/09 (Seal) Deputy REQUESTING PARTY: Name: SARAH A. JAROSH, ESQUIRE Address: LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, PC 1530 LOCUST ST., SUITE L-900 PHILADELPHIA, PA 19102 Attorney for: PLAINTIFF Telephone: 215-545-3300 Supreme Court ID No. 206946 Other Costs Curtis R. Lo , r tho tary By: On November 24, 2009 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, Known and numbered 4 Shirley Lane, Boiling Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 24, 2009 By: eal Estate Coordinator a f LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1530 Locust St., Suite L-900 Philadelphia, PA 19102 (215) 545-3300 RLE ;nTe? Y T HE NE 1 l 'IF 20101A u21 DIN 1104 C-I 1J, Attorneys for Plaintiff POPULAR MORTGAGE SERVICING, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY V. NO. 08-993 CIVIL DEBRA C. SWEENEY : Praecipe for Writ of Execution To the Prothonotary: Issue writ of execution in the above matter: Amount due: $209,099.36 Interest from judgment date: $ Costs to be added: $ Legal Description attached *a4.oc PD ATM 33-17(a CBF' Sarah A. Jaros squire 8(oa. 7$ Attorne for Pla' tiff Qq' 3`7 y 78.50 << 14.00 aq,C)o &q.00 1,1 loo. 4l - PD ATr 1 *J. Do Due Co Cyt la Y7A ,2# ay a 78 ?E .•I yFv EXHIBIT A All that certain tract'nf land with the improvements thereon. erected situate.-in South Middleton- ' Township, Cumberland County, Pennsylvania, bounded and. described as follows; Beginning at a poinf 6n the Norther side of Shirley Lane on the dividing line between Lots-Nos. ?2 and 23 on the hereinafter mentioned Plan of Lots; thence by said dividing line, North 21' 10' 10" West, 120, feet-to -a point; thence by the dividing line between lots Nos. 23 and 27 on said Plan of Lots, North 681.49' 50 East, 100 feet to a point; thence by-the'. dividing line between Lots Nos: 23 and 24 on said Flan of Lots,. South 21° 10' 10" East, 120 feet top a point on the Northern side of Shirley Lane; thence by the Northern side of Shirley, Lane, South 680 49' 50" West, 100 feet to the place of Beginning. Being Lot No. 23 on the Plan of Lots known as Clifton Heights, as recorded?in the Office of-the Recorder of Deeds for Cumberland County in Plan Book 17, Page 59. Tax ID / Parcel No. 40-27-1921-006 BEING the same premises which Terrance A. West and Joan L. West, husband and wife-,)by Deed dated October 17,'2005 and recorded October. 18, 2005 in Cumberland County in Book' 271, Page 2397, granted and conveyed unto Debra C. Sweeney, single person, in fee. UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA LAW OFFICE PARKER MCCAY In Re: : Chapter 13 : Case No. 1:09-bk-00718-MDF DEBRA CALAMAN SWEENEY XXX-XX-1111 Debtor, 11 U.S. C. § 362(d) LITTON LOAN SERVICING, LP AS SERVICING AGENT FOR MTGLQ INVESTORS, L.P. Movant, V. DEBRA. CALAMAN SWEENEY Debtor, And , . CHARLES J. DeHART, III Trustee, Respondent. ORDER MODIFYING §362 AUTOMATIC STAY Upon the application of PARKER McCAY PA, Attorneys for Litton Loan Servicing, LP as servicing agent for MTGLQ Investors, L.P., its successors and/or assigns ("Movant") under Bankruptcy Code section 362(d) for relief from the automatic stay as to certain real property as hereinafter set forth, and for cause shown; IT IS hereby ORDERED as follows: 1. The automatic stay of Bankruptcy Code section 362(a) is vacated to permit the Movant to institute or resume and prosecute to conclusion one or more actions in the court(s) of appropriate jurisdiction to pursue the Movant's rights in the following property described below to the extent and in the manner provided by any applicable contract documents and non-bankruptcy law. Case 1:09-bk-00718-MDF Doc 48 Filed 10/19/09 Entered 10119/0914:06:50 Desc Main Document Page 1 of 2 4 Shirley Lane, Twp. of South Middleton (Boiling Springs), Pennsylvania 17007 2. Rule 4001(a)(3) is not applicable and Movant may immediately enforce and implement this Order granting relief from the automatic stay. 3. The Movant may join the Debtor and any Trustee appointed in this case as defendants in its action(s) irrespective of any conversion to any other chapter of the Bankruptcy Code. Dated: October 19, 2009 LAW OFFICE PARKER McCAY Case 1:09-bk-00718-MDF Doc 48 Filed 10/19/09 Entered 10/19/0914:06:50 Desc Main Document Page 2 of 2 LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1530 Locust St., Suite L-900 Philadelphia, PA 19102 (215) 545-3300 POPULAR MORTGAGE SERVICING, INC. V. DEBRA C. S WEENEY T 'ARY 1 t - U 2010 MAY 2 PM 4 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-993 CIVIL CERTIFICATION TO SHERIFF AS TO THE SALE OF REAL PROPERTY DATE OF SALE: September 8, 2010 I hereby certify that I am the attorney for the plaintiff in this action and further certify that this Property is: X Act 6 and Act 91 complied with. Sarah A. Jarosh, s uire Attorney for Plain ' f t LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. ??I f 'T By: Peter E. Meltzer .. ly ry,_h n ,rY Identification No.: 39828 2010 K4 Y 21 PPI By: Sarah A. Jarosh 1: 4 Identification No.: 206946 CUP:` 1530 Locust St., Suite L-900 Philadelphia, PA 19102 (215) 545-3300 Attorneys for Plaintiff POPULAR MORTGAGE SERVICING, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY V. NO. 08-993 CIVIL DEBRA C. SWEENEY Affidavit Pursuant to Rule 3129.1 Popular Mortgage Servicing, Inc., Plaintiff in the above action, sets forth as of the date that the Praecipe for Writ of Execution was filed the following information concerning the real property located at 4 Shirley Lane, Boiling Springs, PA 17007: 1. Name and address of owner(s) or reputed owner(s): 2. 3. 4. Name Debra C. Sweeney Address 4 Shirley Lane Boiling Springs, PA 17007 Name and address of defendant(s) in the judgment: Name Debra C. Sweeney Address 4 Shirley Lane Boiling Springs, PA 17007 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Name and address of the last recorded holder of every mortgage of record: Name MTGLQ Investors, L.P. Address 4828 Loop Central Drive Houston, TX 77081 t 5. Name and address of every other person who has any record lien on the property: 6. 7 Name Address Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Judy Campbell, Tax Collector P.O. Box 300 Boiling Springs, PA 17007 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 Cumberland County Domestic Relations Address 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of PA Department of Welfare Commonwealth of PA Bureau of Compliance P.O. Box 2675 Harrisburg, PA 17105 Dept. 280946 Harrisburg, PA 17128-0946 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 Address I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authori b Dated: May 19, 2010 Sarah A. Jarosh 2 LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1530 Locust St., Suite L-900 Philadelphia, PA 19102 (215) 545-3300 POPULAR MORTGAGE SERVICING, INC V. DEBRA C. SWEENEY FILED-i 2010 MAY 21 FM I- U4 ? ?yr4i Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-993 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Debra C. Sweeney Your real estate at 4 Shirley Lane, Boiling Springs, PA 17007 is scheduled to be sold at Sheriff's Sale on September 8, 2010 at 10:00 a.m., at the Commissioner's Hearing Room, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $209,099.36 obtained by Popular Mortgage Servicing, Inc. against you. NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Meltzer & Associates, P.C. the back payments, late charges, costs and reasonable attorneys fees due. To find out how much you must pay, you may contact Meltzer & Associates, P.C. at 215- 545-3300. 2. You may be able to stop the sale by filing a petition asking a 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 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 below of 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 If the sheriff's sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Meltzer & Associates, P.C. at 215-545-3300 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 the property. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Meltzer & Associates, P.C. at 215-545-3300. 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 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 approximately 30 days after the date of the Sheriffs 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 10 days. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 2 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-993 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due POPULAR MORTGAGE SERVICING, INC., Plaintiff (s) From DEBRA C. SWEENEY (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 $209,099.36 L.L. Interest Atty's Comm % Due Prothy $2.00 Atty Paid $1,160.41 Other Costs Plaintiff Paid Date: 5/21/10 4 avidD.ll, rothonotary (Seal) By: Deputy REQUESTING PARTY: Name: SARAH A. JAROSH, ESQUIRE Address: LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, PC 1530 LOCUST ST, SUITE L-900 PHILADELPHIA, PA 19102 Attorney for: PLAINTIFF Telephone: 215-545-3300 Supreme Court ID No. 206946 SKERIPPS OFFICE OF CUMBERLAND COUNTY Ronny R Anderson IL !' -0'F r CE ,- Sheriff T!q n 0 T t ,, r Jody S Smith Chief Deputy Richard W Stewart Solicitor b op' CE _ F T,-? , -ul PFh9}!`y! l1 r, f'rl A Popular Mortgage Services, Inc. vs. Debra C Sweeney Case Number 2008-993 SHERIFF'S RETURN OF SERVICE 06/30/2010 05:00 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 6/30/1C at 1655 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 Debra C. Sweeney, located at, 4 Shirley Lane, Boiling Springs, Cumberland County, Pennsylvania according to law. 06/30/2010 05:00 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 6/30/1( at 1655 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Debra C. Sweeney, by making known unto, Debu C. Sweeney, personally, at, 4 Shirley Lane, Boiling Springs, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 09/07/2010 As directed by Peter E. Meltzer, Attorney for the Plaintiff, Sheriffs Sale Continued to 11/3/2010 11/01/2010 As directed by Peter E. Meltzer, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/5/2011 01/04/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Jarosh on 12/30/10. SHERIFF COST: $735.57 January 04, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF 0,40 ?d, 66 - &.# 7qi;?g 7 R*A as°35-t-5 9 Cour9_vswe Sherft teleos ti. I.'::. ' r LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1530 Locust St., Suite L-900 Philadelphia, PA 19102 (215) 545-3300 Attorneys for Plaintiff POPULAR MORTGAGE SERVICING, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY V. NO. 08-993 CIVIL DEBRA C. SWEENEY Affidavit Pursuant to Rule 3129.1 Popular Mortgage Servicing, Inc., Plaintiff in the above action, sets forth as of the date that the Praecipe for Writ of Execution was filed the following information concerning the real property located at 4 Shirley Lane, Boiling Springs, PA 17007: 1. Name and address of owner(s) or reputed owner(s): Name Debra C. Sweeney 2. 3. Address 4 Shirley Lane Boiling Springs, PA 17007 Name and address of defendant(s) in the judgment: Name Debra C. Sweeney Address 4 Shirley Lane Boiling Springs, PA 17007 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address 4. Name and address of the last recorded holder of every mortgage of record: Name MTGLQ Investors, L.P. Address 4828 Loop Central Drive Houston, TX 77081 5. Name and address of every other person who has any record lien on the property: Name Address Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. 7. Judy Campbell, Tax Collector P.O. Box 300 Boiling Springs, PA 17007 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 Cumberland County Domestic Relations Address 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of PA Department of Welfare Commonwealth of PA Bureau of Compliance P.O. Box 2675 Harrisburg, PA 17105 Dept. 280946 Harrisburg, PA 17128-0946 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 Address I verify that the statements made in this affidavit are trite and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authori ' Dated: May 19, 2010 Sarah A. Jarosh 2 LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 1530 Locust St., Suite L-900 Philadelphia, PA 19102 (215) 545-3300 POPULAR MORTGAGE SERVICING, INC V. DEBRA C. SWEENEY Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-993 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Debra C. Sweeney Your real estate at 4 Shirley Lane, Boiling Springs, PA 17007 is scheduled to be sold at Sheriff's Sale on _September 8. 2010 at 10:00 a.m., at the Commissioner'. Hearing Room, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $209,099.36 obtained by Popular Mortgage Servicing, Inc. against you. NOTICE OF OWNERS RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Meltzer & Associates, P.C. the back payments, late charges, costs and reasonable attorneys fees due. To find out how much you must pay, you may contact Meltzer & Associates, P.C. at 215- 545-3300. 2. You may be able to stop the sale by filing a petition asking a 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 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 below of 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 If the sheriffs sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Meltzer & Associates, P.C. at 215-545-3300 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 the property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Meltzer & Associates, P.C. at 215-545=3300. 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 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 approximately 30 days after the.date of the Sheriff's 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 10 days. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR_CANNOT AFFORD-ONE GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 2 r EXHIBIT A All that certain tracfof land with the improvements thereon, erected situate in South Middleton. Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a point on the Northern side of Shirley Lane on the dividing line between Lots Nos. 22 and 23 orr the-hereinafter mentioned Plan of Lots; thence by said dividing line, North 21° 10' 10" West, 120, feet to a point; thence by the dividing line between Lots Nos. 23 and 27 on said Plan of Lots, North 680 49' 50" East, 100 feet to a point; thence by-the dividing line between Lots Nos. 23 and 24 on said Plan of Lots, South 21 ° 10' 10" East, 120 feet top a point on the Northern side of Shirley Lane; thence by the Northern side of Shirley. Lane, South 680 49' 50" West, 100 feet to the place of Beginning. Being Lot No. 23 on the Plan of Lots known as Clifton Heights, .as recorded-in the Office of the Recorder of Deeds for Cumberland County in Plan Book 17, Page 59. Tax ID / Parcel No. 40-27-1921-006 BEING the same premises which Terrance A. West and Joan L. West, husband and wife;Yby Deed dated October 1'7,'2005 and recorded October 18, 2005 in Cumberland County in Book 271, Page 2397, granted and conveyed unto Debra C. Sweeney, single person, in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-993 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due POPULAR MORTGAGE SERVICING, INC., Plaintiff (s) From DEBRA C. SWEENEY (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 $209,099.36 Interest Atty's Comm % Atty Paid $1,160.41 Plaintiff Paid Date: 5/21 /10 L.L. Due Prothy $2.00 Other Costs avid D. Buell, rothonotary (Seal) REQUESTING PARTY: By: Deputy Name: SARAH A. JAROSH, ESQUIRE Address: LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, PC 1530 LOCUST ST, SUITE L-900 PHILADELPHIA, PA 19102 Attorney for: PLAINTIFF Telephone: 215-545-3300 Supreme Court ID No. 206946 On June 14, 2010 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, Known and numbered as, 4 Shirley Lane, Boiling Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: r Re Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal; a-legal periodical published in the Borough of Carlisle in the County and.State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 16, July 23, and July 30, 2010 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. Z-9 isa Marie Co e, Editor SWORN TO AND SUBSCRIBED before me this 30 day of July, 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 win so. ma Popular Mortgage Services, Inc. VS. Debra C. Sweeney Atty.: peter E. Meltzer All that certain tract of land with the improvements thereon erected situate in south Middleton Township, b,,,&d County, bed as,"Owa: at a pau?t on the lrth- sm at 1e5' Lme on the dWA- men Lota Kw, 22 and 23 hereieD Phut, hae On the c?£ Lots: thence by sod North 21°, 10', 10" Wsst to a point; thence by the line between Lots Nos. 23 and 27 on said Plan of Lots. North 68* 49', 0" East, 100 feet to a point; the dividing line between Lots Nos. 23 and 24 on said plan of Lots, South 21 °, 10', 10- East, 120 feet to a point on the Northern side of Shirley Lane; thence by the Northern side of Shirley Lane, South 68% 49', 500 West, 100 feet to the place of Beginning- Being Lot No. 23 on the Plan of Lots known as Clifton Heights, as recorded in the office of d Recorder of Deeds for Cumberland the Plan Book 17, Page 59. Tax ID / parcel No. 40-27-1921- 006. BEING known as 4 Shirley Lane, Boiling Springs, PA 17007. BEING the same premises which West, Terrance A. West and ? dated d Oo- husband and wife, by tober 17, 2005 and recorded October 18, 2005 in Cumberland County d Book 271, Page 2397, granted conveyed unto Debra C. Sweeney, fee. gle person, in sin 1The Patriot-News Co. 2_020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE Zhe Patr1*0t'WXfW5 Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, '1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being (July sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid, that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/09/10 07/16/10 07/23/10 ..... 4AC .. ?... Sworn to anCl gut 6cribed before me this 05 day of August, 2010 A. D. ,r i?l r Notary Public COMMONWEALTH OF €?ENNSYLv, IA Notarial S4 _K Sherrie L. Kisner, Notary Punilc Lower Paxton Twp., Dauphin County My Cornmission Expires Nov. 26, 2011 Member. Penns)4vania n?sxiatlcr. ?,f Notaries Writ No. 2008-M Civil Term Popt#w fangs W ServlaW Inc. Vs Debra C Sweeney Atty: Peter E. Meltzer All that certain tract of land with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a point on the Northern side of Shirley Lane on the dividing line between Lots Nos. 22 and 23 on the hereinafter mentioned Plan of Lots; thence by said dividing line, North 21 °, 10',10" West,120 feet to a point; thence by the dividing line between Lots Nos. 23 and 27 on said Plan of Lots. North 68°, 49', 50"East, 100 feet to a point; thence by the dividing line between Lots Nos. 23 and 24 on said Plan of Lots; South 21 °, 10', IV Bass- 120 fed to apoint on &Nmthem side of Tziey Lane; 6exe by dw Np dwu rude of SNdcy Lslc, Sow 68°, 49', 59" West, 1010 feet to the place of Bc$i wg. Being Lot No. 23 on the Plan of tots knows as Clifton Heights, as recorded in Me Ulm of the Recorder of Deeds for Cumberland County in Plan Book 17, Page 59. Tax ID I Parcel No. 40-27-1921-006 BEING known as 4 Shirley Lane, Boiling Springs, PA 17007 BEING the same premises which Terrance A. West and Joan L. West, husband and wife, by Deed dated October 17, 2005 and recorded October 18, 2005 in Cumberland County in Book 271, Page 2397, granted and conveyed unto Debra C. Sweeney, single person, in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-993 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due POPULAR MORTGAGE SERVICING, INC. Plaintiff (s) From DEBRA C. SWEENEY (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 $209,099.36 Interest Atty's Comm % Atty Paid $1,919.98 Plaintiff Paid Date: 3114/2011 (Seal) L.L. Due Prothy $2.00 Other Costs Buell, P othonotary By: Deputy REQUESTING PARTY: Name: SARAH A. JAROSH, ESQUIRE Address: WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP 2000 MARKET STREET, 13TH FLOOR PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 267-295-3364 Supreme Court ID No. 206946 t ?a WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 2000 Market Street, 13th Floor Philadelphia, PA 19103 (267) 295-3364 POPULAR MORTGAGE SERVICING, INC. V. DEBRA C. SWEENEY o` 1Lr.D-0FI" rOt 0f: ThE PROTNONOTAR) 2011 MAR 14 Pty 2: 49 CUMBERLAND COUNTY PENNSYLVANIA, Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-993 CIVIL Praeciae for Writ of Execution To the Prothonotary: Issue writ of execution in the above matter: Amount due: $209,099.36 Interest from judgment date: $ Costs to be added: $ Legal Description attached t'au, oo tad a$-\ 33,E cc? 19 °I9. 31 "135.5? It-So 14.00 a 4. 0o a`i.oo 2Y. oc> 111'? 19 ,1 g "a Sarah A. aros , Esquire Attorney for P intiff $a.au tom. to & C? w 69o(p rat as6sLc 1I\4-:l 11.11 0el t Cc?,P-1 UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA In Re: DEBRA CALAMAN SWEENEY XXX-gx-1111 Debtor, LITTON LOAN SERVICING, LP AS SERVICING AGENT FOR MTGLQ INVESTORS, L.P. : Chapter 13 : Case No. 1:09-bk-00718-MDF 11 U.S. C. § 362(d) Movant, V. DEBRA CALAMA N SWEENEY ; Debtor, And CHARLES J. DeH?RT, III ; Trustee, Respondent. ORDER MODIFYING §362 AUTOMATIC STAY Upon,the application of PARKER McCAY PA, Attorneys for Litton Loan Servicing, LP as servicing agent for MTGLQ Investors, L.P., its successors and/or assigns ("Movant") under Bankruptcy Code section 362(d) for relief from the automatic stay as to certain real property as hereinafter set forth, and for cause shown; IT IS hereby ORDERED as follows: ,w oke The automatic stay of Bankruptcy Code section 362(a) is vacated to permit the kRKER HcC.AY Movant to institute or resume and prosecute to conclusion one or more actions in the court(s) of appropriate jurisdiction to pursue the Movant's rights in the following property described below to the extent and in the manner provided by any applicable contract documents and non-bankruptcy law. Case 1:09-bk-00718-MDF Doc 48 Filed 10/19/09 Entered 10/19/0914:06:50 Desc Main nnni imant Pano 1 of 7 i 4 Shirley Lane, Twp, of South Middleton (Boiling Springs), Pennsylvania 17007 2. Rule 4001(x)(3) is not applicable and Movant may immediately enforce and implement this Order granting relief from the automatic stay. 3. The Movant may join the Debtor and any Trustee appointed in this case as defendants in its action(s) irrespective of any conversion to any other chapter of the Bankruptcy Code. _ 13Y o Cri s poK) Isis at ar ekcim eally signezi and filed Ora $he same dabs. it Dated: October 19, 2009 W OFFICE RKER WCAY Case 1:09-bk-00718-MDF Doc 48 Fiied 10/19/09 Entered 10/19/0914:06:50 Desc Main Document Page 2 of 2 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 2000 Market Street, 13th Floor Philadelphia, PA 19103 (267) 295-3364 i ILEO-OFFICE l€,. THE PROTHONOTARY 2011 MAR 14 PM 2: 49 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Plaintiff POPULAR MORTGAGE SERVICING, INC V. DEBRA C. SWEENEY COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-993 CIVIL CERTIFICATION TO SHERIFF AS TO THE SALE OF REAL PROPERTY DATE OF SALE: September 7, 2011 I hereby certify that I am the attorney for the plaintiff in this action and further certify that this Property is: X Act 6 and Act 91 complied with. Sarah A. Jarosh Esquire AttorneY for P intiff WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 2000 Market Street, 13`h Floor Philadelphia, PA 19103 (267) 295-3364 ???_?=8?5?rP?CC ,t PRCTHONOTARy 2011 MAR 14 PH 2: 49 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Plaintiff POPULAR MORTGAGE SERVICING, INC V. DEBRA C. SWEENEY COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-993 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Debra C. Sweeney Your real estate at 4 Shirley Lane, Boiling Springs, PA 17007 is scheduled to be sold at Sheriff's Sale on September 7.2011 at 10:00 a.m., at the Commissioner's Hearing Room, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $209,099.36 obtained by Popular Mortgage Servicing, Inc. against you. NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: The sale will be canceled if you pay to Weber Gallagher the back payments, late charges, costs and reasonable attorneys fees due. To find out how much you must pay, you may contact Weber Gallagher at 267-295-3364. 2. You may be able to stop the sale by filing a petition asking a 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 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 below of 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 If the sheriff's sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Weber Gallagher at 267-295-3364. 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 the property. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Weber Gallagher at 267-295-3364. 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 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 approximately 30 days after the date of the Sheriff's 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 10 days. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 2 All that certain tract of land with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a point on the Northern side of Shirley Lane on the dividing line between Lots Nos. 22 and 23 on the hereinafter mentioned Plan of Lots; thence by said dividing line, North 21 °, 10', 10" West, 120 feet to a point; thence by the dividing line between Lots Nos. 23 and 27 on said Plan of Lots. North 68°, 49', 50" East, 100 feet to a point; thence by the dividing line between Lots Nos. 23 and 24 on said Plan of Lots, South 21 °, 10', 10" East, 120 feet to a point on the Northern side of Shirley Lane; thence by the Northern side of Shirley Lane, South 68°, 49', 50" West, 100 feet to the place of Beginning. Being Lot No. 23 on the Plan of Lots known as Clifton Heights, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 17, Page 59. Tax ID / Parcel No. 40-27-1921-006 BEING known as 4 Shirley Lane, Boiling Springs, PA 17007 BEING the same premises which Terrance A. West and Joan L. West, husband and wife, by Deed dated October 17, 2005 and recorded October 18, 2005 in Cumberland County in Book 271, Page 2397, granted and conveyed unto Debra C. Sweeney, single person, in fee. WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: Sarah A. Jarosh Identification No.: 206946 2000 Market Street, 13th Floor Philadelphia, PA 19103 (267) 295-3364 3r?ED-Oi FIH .....s. c -niONO TAR )' a o . 2011 MAR 14 PM 2- 49 CU PENNSYLVANIA TY Attorneys for Plaintiff POPULAR MORTGAGE SERVICING, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY V. NO. 08-993 CIVIL DEBRA C. SWEENEY Affidavit Pursuant to Rule 3129.1 Popular Mortgage Servicing, Inc., Plaintiff in the above action, sets forth as of the date that the Praecipe for Writ of Execution was filed the following information concerning the real property located at 4 Shirley Lane, Boiling Springs, PA 17007: 1. Name and address of owner(s) or reputed owner(s): Name Debra C. Sweeney 2 3 Address 4 Shirley Lane Boiling Springs, PA 17007 Name and address of defendant(s) in the judgment: Name Debra C. Sweeney Address 4 Shirley Lane Boiling Springs, PA 17007 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address 4. Name and address of the last recorded holder of every mortgage of record: Name MTGLQ Investors, L.P. Address 4828 Loop Central Drive Houston, TX 77081 I 5. 6. 7 Name and address of every other person who has any record lien on the property: Name Address Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Judy Campbell, Tax Collector P.O. Box 300 Boiling Springs, PA 17007 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 Cumberland County Domestic Relations Address 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of PA Department of Welfare Commonwealth of PA Bureau of Compliance P.O. Box 2675 Harrisburg, PA 17105 Dept. 280946 Harrisburg, PA 17128-0946 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 Address I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. Y'4' Dated: March 7, 2011 Lo Sarah A. Jarosh J- 2 All that certain tract of land with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a point on the Northern side of Shirley Lane on the dividing line between Lots Nos. 22 and 23 on the hereinafter mentioned Plan of Lots; thence by said dividing line, North 21 °, 10', 10" West, 120 feet to a point; thence by the dividing line between Lots Nos. 23 and 27 on said Plan of Lots. North 68°, 49', 50" East, 100 feet to a point; thence by the dividing line between Lots Nos. 23 and 24 on said Plan of Lots, South 21 °, 10', 10" East, 120 feet to a point on the Northern side of Shirley Lane; thence by the Northern side of Shirley Lane, South 68°, 49', 50" West, 100 feet to the place of Beginning. Being Lot No. 23 on the Plan of Lots known as Clifton Heights, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 17, Page 59. Tax ID / Parcel No. 40-27-1921-006 BEING known as 4 Shirley Lane, Boiling Springs, PA 17007 BEING the same premises which Terrance A. West and Joan L. West, husband and wife, by Deed dated October 17, 2005 and recorded October 18, 2005 in Cumberland County in Book 271, Page 2397, granted and conveyed unto Debra C. Sweeney, single person, in fee. WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer, Esquire Identification No.: 39828 By: Sarah A. Elia, Esquire Identification No.: 206946 2000 Market Street, 13th Floor Philadelphia, PA 19103 (267) 295-3364 POPULAR. MORTGAGE SERVICING, INC. V. DEBRA SWEENEY rn Co rn v rT, x' r c' r M -< > '0 C r-= --tc?; C) C N C:'r Attorneys for Plaintiff _r; r") -z. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-993 CIVIL PETITION TO POSTPONE SHERIFF'S SALE TO THE HONORABLE JUDGES OF SAID COURT: Popular Mortgage Servicing, Inc., the above named Plaintiff, by and through its attorneys, hereby petitions this Court for a postponement of the Sheriff's Sale, and in support thereof respectfully states as follows: Petitioner holds a mortgage on real estate located at 4 Shirley Lane, Township of South Middleton, Boiling Springs, PA 17007. 2. Petitioner obtained a foreclosure judgment against the above Defendant, and a Sheriff s Sale of the above property was scheduled for September 7, 2011. However, the Sheriff s sale had to be postponed twice because Petitioner was in loss mitigation discussions with the Defendant. The loan has recently been transferred to a new loan servicer, and the Defendant is currently submitting loan modification paperwork that must be reviewed by the new loan servicer. The Sheriff's sale is currently scheduled for January 4, 2012. 7 I r 3. Because Defendant is currently being reviewed for a possible loan modification, the Sheriff's sale cannot go forward as scheduled on January 4, 2012. 4. The Sheriff's Sale cannot be postponed again without additional advertising costs or Sheriff's costs without an Order of Court. However, under Pa.R.Civ.P. 3129.3(a) and the comment thereto, the Court has discretion to allow postponement of the sale without new notice in appropriate cases. It is respectfully submitted that this is such a case as a result of a review of Defendant's loan modification application. 5. A postponement of the sale will not prejudice any party in interest. 6. The Honorable M. L. Ebert, Jr. had previously issued an Order for postponement in January, 2009. 7. Pursuant to local rule, Defendant is unrepresented by counsel and Plaintiff has no manner in which to seek concurrence in the relief requested except by mail. WHEREFORE, Petitioner requests that this Court enter an Order postponing the Sheriff's Sale until March 7, 2012, without the need for further advertising or Sheriff s costs concerning the sale. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP 4Dated: December 29, 2011 By: SARAH A. ELIA, ESQUIRE WOLF & WOLF NAT4AA LC. WOLF, ESQUIRE Local counsel 2 VERIFICATION I, Sarah A. Elia, am duly authorized to make this Verification on behalf of Plaintiff, and do hereby verify that the statements made in the foregoing Petition to Postpone Sheriff's Sale are true and correct to the best of my knowledge, information and belief. I further understand that the statements therein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. e?4?1 Sarah A. Elia 3 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer, Esquire Identification No.: 39828 By: Sarah A. Elia, Esquire Identification No.: 206946 2000 Market Street, 13'b Floor Philadelphia, PA 19103 (267) 295-3364 Attorneys for Plaintiff POPULAR MORTGAGE SERVICING, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY V. NO. 08-993 CIVIL DEBRA SWEENEY CERTIFICATE OF SERVICE I, Sarah A. Elia, Esquire, of Weber Gallagher Simpson Stapleton Fires & Newby, LLP, counsel for Plaintiff, certify that I am serving a true and correct copy of the foregoing Plaintiffs Motion to Postpone Sheriffs Sale via first class mail, postage prepaid, on the following: Debra Sweeney 4 Shirley Lane Boiling Springs, PA 17007 ?4 1 Date: December 29, 2011 By: Sarah A. Elia, Esquire Attorney for Plaintiff WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer, Esquire Identification No.: 39828 By: Sarah A. Elia, Esquire Identification No.: 206946 2000 Market Street, 13`x' Floor Philadelphia, PA 19103 (267) 295-3364 Attorneys for Plaintiff POPULAR MORTGAGE SERVICING, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY V. NO. 08-993 CIVIL DEBRA SWEENEY ORDER AND NOW, this 3 r d day of -S 1\t? , 'obi upon consideration of the annexed Petition, it is hereby, ORDERED AND DECREED that the Sheriff is directed to postpone the Sheriff's Sale of the property located at 4 Shirley Lane, Township of South Middleton, Boiling Springs, PA 17007 until March 7, 2012, without the need for further advertising, further notice to the Defendant or creditors, or Sheriff's costs concerning the sale. BY THE COURT: )?? -'? ?- V", - M. L. Ebert, Jr. J Distrubution: ?Sarah A. Elia, Peter E. Meltzer, Attorneys for Plaintiff ?Debra Sweeney ,i Cumberland County Sheriff's Office - in bin t7 C= N Ea C-„ -0Z Co rv --t z nn cn?. 1.0P 3 ?a per ' 0 ?? c7 < 2s -c <z? WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer, Esquire Identification No.: 39828 By: Sarah A. Elia, Esquire Identification No.: 206946 2000 Market Street, 13`x' Floor Philadelphia, PA 19103 (267) 295-3364 POPULAR MORTGAGE SERVICING, INC. V. DEBRA SWEENEY C7 rv c=. - im Wr- v - D N C7 c, -ti o R' "C= N X 6 y. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-993 CIVIL PETITION TO POSTPONE SHERIFF'S SALE TO THE HONORABLE JUDGES OF SAID COURT: Popular Mortgage Servicing, Inc., the above named Plaintiff, by and through its attorneys, hereby petitions this Court for a postponement of the Sheriff's Sale, and in support thereof respectfully states as follows: 1. Petitioner holds a mortgage on real estate located at 4 Shirley Lane, Township of South Middleton, Boiling Springs, PA 17007. 2. Petitioner obtained a foreclosure judgment against the above Defendant, and a Sheriff's Sale of the above property was scheduled for September 7, 2011. However, the Sheriff's sale had to be postponed twice because Petitioner was in loss mitigation discussions with the Defendant. The loan has recently been transferred to a new loan servicer, and the Defendant is currently submitting loan modification paperwork that must be reviewed by the new loan servicer. The Sheriff's sale is currently scheduled for January 4, 2012. Because Defendant is currently being reviewed for a possible loan modification, the Sheriff's sale cannot go forward as scheduled on January 4, 2012. 4. The Sheriff's Sale cannot be postponed again without additional advertising costs or Sheriff's costs without an Order of Court. However, under Pa.R.Civ.P. 31293(a) and the comment thereto, the Court has discretion to allow postponement of the sale without new notice in appropriate cases. It is respectfully submitted that this is such a case as a result of a review of Defendant's loan modification application. 5. A postponement of the sale will not prejudice any party in interest. 6. The Honorable M. L. Ebert, Jr. had previously issued an Order for postponement in January, 2009. 7. Pursuant to local rule, Defendant is unrepresented by counsel and Plaintiff has no manner in which to seek concurrence in the relief requested except by mail. WHEREFORE, Petitioner requests that this Court enter an Order postponing the Sheriff's Sale until March 7, 2012, without the need for further advertising or Sheriff's costs concerning the sale. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP ?4? Dated: December 29, 2011 By: SARAH A. ELIA, ESQUIRE WOLF & WOLF B NAT . WOLF, ESQUIRE Local counsel 2 VERIFICATION I, Sarah A. Elia, am duly authorized to make this Verification on behalf of Plaintiff, and do hereby verify that the statements made in the foregoing Petition to Postpone Sheriff's Sale are true and correct to the best of my knowledge, information and belief. I further understand that the statements therein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Sarah A. Elia 3 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer, Esquire Identification No.: 39828 By: Sarah A. Elia, Esquire Identification No.: 206946 2000 Market Street, 13th Floor Philadelphia, PA 19103 (267) 295-3364 Attorneys for Plaintiff POPULAR MORTGAGE SERVICING, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY V. NO. 08-993 CIVIL DEBRA SWEENEY CERTIFICATE OF SERVICE I, Sarah A. Elia, Esquire, of Weber Gallagher Simpson Stapleton Fires & Newby, LLP, counsel for Plaintiff, certify that I am serving a true and correct copy of the foregoing Plaintiff's Motion to Postpone Sherds Sale via first class mail, postage prepaid, on the following: Debra Sweeney 4 Shirley Lane Boiling Springs, PA 17007 ?4 -it--) I Date: December 29, 2011 By: Sarah A. Elia, Esquire Attorney for Plaintiff WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer, Esquire Identification No.: 39828 By: Sarah A. Elia, Esquire Identification No.: 206946 2000 Market Street, 13" Floor Philadelphia, PA 19103 (267) 295-3364 POPULAR MORTGAGE SERVICING, INC V. DEBRA SWEENEY Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-993 CIVIL ORDER AND NOW, this ` day of March, 2012, upon consideration of the annexed Petition, it is hereby, ORDERED AND DECREED that the Sheriff is directed to postpone the Sheriff's Sale of the property located at 4 Shirley Lane, Township of South Middleton, Boiling Springs, PA 17007 until May 2, 2012, without the need for further advertising, further notice to the Defendant or creditors, or Sheriff's costs concerning the sale. Distribution: ? Sarah A. Elia, Esquire For the Plaintiff Debra Sweeney Pro Se Defendnant V/Office of the Sheriff epie_5 1wa- ed a it BY COURT- M. L. Ebert, Jr. J. c ---6 Ui _J WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer, Esquire Identification No.: 39828 By: Sarah A. Elia, Esquire Identification No.: 206946 2000 Market Street, 13th Floor Philadelphia, PA 19103 (267) 295-3364 POPULAR MORTGAGE SERVICING, INC. V. DEBRA SWEENEY rn co ,. `" <A w o C) ? X y ? y ?..' Attorneys for Plaintiff ' - COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-993 CIVIL PETITION TO POSTPONE SHERIFF'S SALE TO THE HONORABLE JUDGES OF SAID COURT: Popular Mortgage Servicing, Inc., the above named Plaintiff, by and through its attorneys, hereby petitions this Court for a postponement of the Sheriff's Sale, and in support thereof respectfully states as follows: 1. 2 Petitioner holds a mortgage on real estate located at 4 Shirley Lane, South Middleton Township, Cumberland County, Boiling Springs, PA 17007. Petitioner obtained a foreclosure judgment against the above Defendant, and a Sheriff's Sale of the above property was scheduled for September 7, 2011. However, the Sheriffs sale had to be postponed three times because Petitioner was in loss mitigation discussions with the Defendant. The loan has recently been transferred to a new loan servicer, and the Defendant is currently submitting loan modification paperwork that must be reviewed by the new loan servicer. The loan servicer is not yet able to confirm whether a loan modification is possible. The Sheriffs sale is currently scheduled for May 2, 2012. 3. Because Defendant is currently being reviewed for a possible loan modification, the Sheriff's sale cannot go forward as scheduled on May 2, 2012. 4. The Sheriff s Sale cannot be postponed again without additional advertising costs or Sheriffs costs without an Order of Court. However, under Pa.R.Civ.P. 3129.3(a) and the comment thereto, the Court has discretion to allow postponement of the sale without new notice in appropriate cases. It is respectfully submitted that this is such a case as a result of a review of Defendant's loan modification application. 5. A postponement of the sale will not prejudice any party in interest. 6. The Honorable M. L. Ebert, Jr. had previously issued an Order for postponement in January, 2012 and March 2012. 7. Pursuant to local rule, Defendant is unrepresented by counsel and Plaintiff has no manner in which to seek concurrence in the relief requested except by mail. WHEREFORE, Petitioner requests that this Court enter an Order postponing the Sheriffs Sale until September 5, 2012, without the need for further advertising or Sheriff s costs concerning the sale. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Dated: April 30, 2012 By: SARAH A. ELIA, ESQUIRE WOLF & WOLF By: NATHA . WOLF, ESQUIRE Local counsel 2 VERIFICATION I, Sarah A. Elia, am duly authorized to make this Verification on behalf of Plaintiff, and do hereby verify that the statements made in the foregoing Petition to Postpone Sheriff's Sale are true and correct to the best of my knowledge, information and belief. I further understand that the statements therein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Sarah A. Elia ( WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer, Esquire Identification No.: 39828 By: Sarah A. Elia, Esquire Identification No.: 206946 2000 Market Street, 13th Floor Philadelphia, PA 19103 (267) 295-3364 POPULAR MORTGAGE SERVICING, INC. V. DEBRA SWEENEY Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-993 CIVIL ORDER AND NOW, this st day of M 6.i , 2012, upon consideration of the annexed Petition, it is hereby, ORDERED AND DECREED that the Sheriff is directed to postpone the Sheriffs Sale of the property located at 4 Shirley Lane, South Middleton Township, Boiling Springs, PA 17007 until September 5, 2012, without the need for further advertising, further notice to the Defendant or creditors, or Sheriff's costs concerning the sale. BY THE COURT: ?k'n qA' . - M. L. Ebert, Jr. J. Distribution: /Peter Meltzer, Esquire r :. For the Plaintiff Debra Sweeney 3 MC13 ZM N ;v ylr- Pro Se Defendant v1 Office of the Sheriff OV, ieGl ?? D ° :D a-T? ve o ZI A ? ' WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY,LLP By: Peter E. Meltzer, Esquire Identification No.: 39828 2013 MAR 2 7 PM 1: 14 By: Sarah A. Elia, Esquire Identification No.: 206946 CUMBE LAN COUNTY 2000 Market Street, 131h Floor PENNSYLVA A Philadelphia, PA 19103 (267) 295-3364 Attorneys for Plaintiff POPULAR MORTGAGE SERVICING, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY V. NO. 08-993 CIVIL DEBRA SWEENEY PRAECIPE TO VACATE JUDGMENT AND MARK CASE AS SETTLED, DISCONTINUED AND ENDED To the Clerk: Kindly mark the judgment in the above matter as vacated and mark the case as settled, discontinued and ended without prejudice. c By: Sarah A. Elia, Esquire Attorney for Plaintiff Dated: March 18, 2013