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HomeMy WebLinkAbout04-0655FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATFORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff JUSTON REYNOLDS TAMRA SUE REYNOLDS 146 VIRGINIA AVENUE CARLISLE, PA 17013 COURT OF COMMON PLEAS CIVIL DIVISION TERM No. Oq -- k..¢,5 CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in thc following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COU1WIW BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File#: 87579 IF THIS IS THE FIRST NOTICE THAI' YOU HAVE RECEIVED FROM THIS OFFICE. BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File#: 87579 Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: COUNTRYWIDE HOME LOANS, INC. 7 I05 CORPORATE DRIVE PLANO, TX 75024 The name(s) and last known address(es) of the Defendant(s) are: JUSTON REYNOLDS TAMRA SUE REYNOLDS 146 VIRGINIA AVENUE CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 01/17/1997 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to GATEWAY FUNDING DIVERSIFIED MORTGAGE SERVICES, LP which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1361, Page 762. By Assignment of Mortgage recorded 11/23/99 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 631, Page 414. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 87579 The following amounts are due on the mortgage: Principal Balance Interest 05/01/2003 through 02/12/2004 (Per Diem $16.04) Attorney's Fees Cumulative Late Charges 01/17/1997 to 02/12/2004 Cost of Suit and Title Search Subtotal $72,161.22 4,6t9.52 850.00 217.92 $ 750.00 $ 78,598.66 Escrow Credit 0.00 Deficit 561.00 Subtotal $ 561.00 TOTAL $ 79,159.66 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 79,159.66, together with interest from 02/12/2004 at the rate of $16.04 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERM~ahI' AND PHEI~,,A.N, I,~LP . By: ' ~ FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 87579 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unswom falsifications to authorities. Francis S. Hallinath Esquire Attorney for Plaintiff SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-00655 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTP~ATI VS REYNOLDS JUSTON ET AL Thomas Kline duly sworn according to law, says, that he made a diligent inquiry for the within named DEFENDANT ,Sheriff or Deputy Sheriff, who being search and REYNOLDS JUSTON unable to locate Him COMPLAINT - MORT FORE in his bailiwick. but was He therefore returns the the within named DEFENDANT , REYNOLDS JUSTON NOT FOUND , as to 146 VIRGINIA AVENUE CARLISLE, PA 17013 DEFENDANT IS BELIEVED TO BE LIVING IN VIRGINIA. Sheriff's Costs: Docketing 18.00 Service 3.45 Not Found 5.00 Surcharge 10.00 .00 36.45 So answers: f~_~-~ R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 02/24/2004 Sworn and subscribed to before me this ~6 ~- day of SHERIFF'S RETURN - REGULAR CASE NO: 2004-006S5 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS REYNOLDS JUSTON ET AL VALERIE WEARY , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE REYNOLDS TAMRA SUE DEFENDANT at 0830:00 HOURS, at 146 VIRGINIA AVENUE CARLISLE, PA 17013 TAMRA SUE REYNOLDS a true and attested copy of Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 23rd day of February , __ by handing to together with COMPLAINT - MORT FORE 2004 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6 Service Affidavit Surcharge 10 16 O0 O0 O0 O0 O0 O0 Sworn and Subscribed to before me this R~ ~ day of ,j~.~.,~.~ ~ ,2X.'D ~ A.D. ~ ~rothonotary So Answers: R, Thomas Kline 02/24/2004 FEDERMAN & PHELAN PLAINTIFF AFFIDAVIT OF SERVICE - CUMBEKLAND COUNTY MORTGAGE ELECTRONIC REGISTRATION SYSTEMg, INC. NO. 04-655 CIVIL TERM DEFENDANT ~USTON REYNOLDS TAMRA SUE REYNOLDS SERVE AT: 8555 NEWINGTON FOREST COURT SPRINGFIELD, VA 22153 TYPE OF ACTION X~. Mortgage Foreclosure .X3~ Civil Action Served and nmde known to Iwf dayof PeO~t~ ,20o. O_~at~ _o'eloek,~.M,,at ~55 M~I~ ~n~T ~T. , , City in the ma~er desoribed below: ~ Defen~t p~sonally se~ed. Adult family member Mth whom Defen~nt(s) re,ida(s). ~lationship is Defendant on the Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s) Agem or person in charge of Defendant's office or usual place ofbusiness~ and officer of said defendant company, Other: I, 6'~ta'Tl~t.t gdl]~', a competent adult, being duly sworn according to law, depose and state that I personally handed to J~.iS,~e,) ~la~¥d~,,,06 ~t~ a ~ue and co.eot copy cftc ~ ~6~~ ~ C~q~ ~o~ issued in the captioned case on the date and at ~e address indicated above. Sworn to ~d subscribed Before me this _~' day Of ddt-~t, ,200._q .-~ Or, ~e day of __.M., Defendant NOT FO~ because: Moved Un~own Other: NOT ,q ERVEI~ ,20_~ at o'clock No Answer. Vacant Sworn to and subscribed Before me the day of ,2o~. Notary: Not g~rved By:. FEDERMAN ANt) PHELAN, LLP Attorneys .Far Plaintiff Frank F~lerman, E~quir e - I.D#I 2~8 Suite laO0- One Penn C',~ter Pl~a at Suburban Station Phila~lphia, PA 19103-1799 (21 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CEN~R AT SUB~ STATION 1617 JO~ F. ~NNEDY BL~., S~ 1400 PH~ELPHIA, PA 19103-1814 (215) ~3-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SLrITE 350 MCLEAN, VA 22102 Plaintiff, JUSTON REYNOLDS TAMRA SUE REYNOLDS Defendant(s). CUMBERLAND COWNTY COURT OF COMMON PLEAS CIVIL DIVISION NO, 04-655-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JUSTON REYNOLDS and TAMRA SUE REYNOLDS. Defendant(s) for failure to file an Answer to Plaintiffs Complain' w/thin 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and as~ Plaintiffs damages as follows: As set forth in Complaint Interest from 2/13/04 to 5/11/04 TOTAL $79,159.66 $1,427.56 $80,587.22 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown abc (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROTHY FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (715) 56~-7000 MORTGAGE ELECPRONIC SYSTEMS, INC. Plaintiff REGISTRATION Vs. JUSTON REYNOLDS TAMPA SUE REYNOLDS Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 04-655 CIVIL TERM TO: TAMRA SUE REYNOLDS 146 VIRGINIA AVENUE CARLISLE, PA 17013 DATE OF NOTICE: APRH, 22, 2004 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAITNED FROM YOU WILL BE USED FOR THAT PURPOSE. I~ YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3 166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 EKANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (715) S63-7000 MORTGAGE ELECTRONIC SYSTEMS, INC. Plaintiff REGISTRATION Vs, JUSTON REYNOLDS TAMRA SUE REYNOLDS Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CML DIVISION : CUMBERLAND COUNTY : NO. 04-655 CIVIL TERM TO: JUSTON REYNOLDS 8555 NEWINGTON FOREST COURT SPRINGFIELD, VA 22153 DATE OF NOTICE: APRH. 22, 2004 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECF THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PLAINTIFF AFFIDAVIT OF SERVICE - CUMBERLAND COUNTY MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. NO. 04~655 CIVIL TERM DEFENDANT JUSTON REYNOLDS TAMRA SUE REYNOLDS SERVE AT: 8555 NEWINGTON FOREST COURT SPRINGFIELD, VA 22153 TYPE OF ACTION Mortgage Foreclosure Civil Action ~ERVED Served and made known to la'l~ dayof /¥a~,t~ ,..200_~at _ o'clock, 4[. M., at ff 5'$~' M~l~rtt~J g'ot.~qY 6'~ 0~-T, 5?lt-~ , City in the manner described below: ~ Defandant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult m charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s) .... Agent or person m charge of Defendant's office or u~ual place of business. and officer of said defeadant company. Other: , Defendant on the v4 Z~t5'3 I, ~t, rffitR ~1~. a competent adult, being duly sworn according to law, depose and state that I personally handed to ~]~,l$~.J ~¥~a.4~ c.~t~-f~ ~: a true and correct copy of the t4.o/.a~ff .g'6/.~CLt3~;~t/~7 , c~O~c. 4'L"Ttoe, d issued in the captioned case on the date and at the address indicated above. SwOrn to and subscribed Before me th~.s ']~ day Of Att--,~- ,20o_.q On the day of _~.M., Defendant NOT FOUND because: __Moved _ _Unknown __ Other: gervaa ay: ~ ~'~ NOT SERVED ,20_, at __ o'clock No Answer Vacant Swom to and subscribed Before m~ the day of , Notary: FEDEPdVIAN AND PHELAN, LLP Attorneys For Plaintiff Frank Federma~, Esquire - l.D.#1224R Suite 1400- One Penn Center Plaza at Suburban Station Philadelphia, PA 19103-1799 (215)$63~7000 SHERIFF'S RETURN CASE NO: 2004-00655 P COMMONWEALTH OF PENNSYLVAiqIA: COUNTY OF CUMBERLkND MORTGAGE ELECTRONIC REGISTRATI VS REYNOLDS JUSTON ET AL - REGULAR VALERIE WEARY Cumberland County, Pennsylvania says, the within COMPLAINT - MORT FORE DEFENDANT , at 0830:00 HOURS, at 146 VIRGINIA AVENUE CARLISLE, PA 17013 TAMP~A SUE REYNOLDS a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the ~3rd day of F~b~a~Yl, by handing to together with - MORT FORE 2004 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 02/24/2004 FEDERMAN & PHELAN Sworn and Subscribed to before me this day of A.D. Prothonotary PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, JUSTON REYNOLDS TAMRA SUE REYNOLDS Defendant(s). No. 04-6S$-CIVIL TERM TO TIlE DIRECTOR OF THE OFFICE OF TIlE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 5/12/04 to SEPTEMBER 8, 2004 (per diem -$13.25) TOTAL $80,587.22 $1,590.00 and Costs $82,177.22 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 - 1814 Attorney for Plaintiff Note: Please attach description of property. No. ALL THAT CERTAIN tract of land with improvements, thereon erected situate in North Middleton Township, Cumberland County, Pem~sylvania, bounded and described as follow: BEGINNING Lot No. 36 on the plan section 10 of Noll Manor as recorded in the Recorder of Deeds for Cumberland County in Plan Book 27, Page 12; continuing 22.00 feet along the North along Virginia Avenue: Containing 150.32 feet along the West along Lot No. 35 on said plan; containing 22.00 feet along the South along lands now or formerly of Carl Davis and containing 150.30 feet along the East along Lot No, 37 as shown on said plan the place of beginning. BEING improved with a two story Townhouse known as 146 Virginia Avenue, Carlisle, Pennsylvania. BEING the same premises which Evelyn S. Hess, by her deed dated April 22, 1994 and recorded April 22, 1994 in the Office of the Recorder of Deeds of Cumberland County in Deed Book 104, Page 409, granted and conveyed unto Hai M. Le and Minh T. Nguyen, his wife, grantors herein. Vested by: Special Warranty Deed dated 1-17-97, given by Hai M. Le and Minh T. Nguyen, husband and wife to Juston Reynolds and Tamra Sue Reynolds, husband and wife, their heirs and assigns as tenants by the entireties recorded 1/21/97 in Book: 152 Page: 329. Tax Parcl#29-16-1096-109 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-655 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From JUSTON REYNOLDS AND TAMRA SUE REYNOLDS (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) Ifproper~ 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 $80,587.22 L.L. $.50 Interest FROM 5/12/04 TO 9/8/04 (PER DIEM - $13.25) - $1,590.00 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $134.45 Other Costs Plaintiff Paid Date: MAY 12, 2004 (Seal) CURTIS R. LONG ProthonoJ~tf Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 Plaintiff, JUSTON REYNOLDS TAMRA SUE REYNOLDS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DIVISION NO. 04-655-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JUSTON REYNOLDS is over 18 years of age and resides at, 8555 NEWINGTON FOREST COURT, SPRINGFIELD, VA 22153. (c) that defendant TAMRA SUE REYNOLDS is over 18 years of age, and resides at, 146 VIRGINIA AVENUE, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attomey for Plaintiff Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center OMilitary Status Report ~ Pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940 R VI'/OLDS<Last Name IFirst Middle [Be in Date [Active Duty Status Currently not on Active Military Duty, based on the Social Security Number and last name provided. MAY-11-2004 06:14:59 Service/Agency Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the Military. Kenneth C. Scheflen, Director Department of Defense ~ Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please send an e-mail to sscra.help~sk~osd.pentagon.mi_l. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. https://www.dmdc.osd.mil/udpdri/owa/sscra.prc_Select 5/11/2004 Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center OMilitary Status Report i . Pursuant to the Sol&ers' and Sailors' Civil Relief Act of 1940 <Last Nanae IFirst Middle [Begin Date [Active Duty StatusREYNOLDS Currently not on Active Military Duty, based on the Social Security Number and last name provided. MAY-11-2004 06:19:56 Service/Agency Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the Military. Kenneth C. Scheflen, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd,, Suite 400 Arlington, VA The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please send an e-mail to sscra.helpdesk~osd.pentagon.mil. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. https://www.dmdc.osd.mil/udpdri/owa/sscra.prc_Select 5/11/2004 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, JUSTON REYNOLDS TAMRA SUE REYNOLDS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-655-CIVIL TERM CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 9l procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, JUSTON REYNOLDS TAMRA SUE REYNOLDS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-655-CIVIL TERM AFFiDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 146 VIRGINIA AVENUE, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JUSTON REYNOLDS TAMRA SUE REYNOLDS 8555 NEWINGTON FOREST COURT SPRINGFIELD, VA 22153 146 VIRGINIA AVENUE CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Sallie AMERICAN GENERAL FINANCE Last Known Address (if address cannot be reasonably ascertained, please indicate) 6 S. HANOVER STREET CARLISLE, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Narfle None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: NalTle Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: NaiTle Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 146 VIRGINIA AVENUE CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. May 11, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, JUSTON REYNOLDS TAMRA SUE REYNOLDS Defendant(s). TO: JUSTON REYNOLDS 8555 NEWINGTON FOREST COURT SPRINGFIELD, VA 22153 CUMBERLAND COUNTY No. 04-655-CIVIL TERM May 11, 2004 TAMRA SUE REYNOLDS 146 VIRGINIA AVENUE CARLISLE, PA 17013 **THIS FIRM' IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY1NFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED .4 DISCH.4RGE IN B.4NKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN A GAINS T PROPER 73( ** Your house (real estate) at, 146 VIRGINIA AVENUE, CARLISLE, PA 17013, is scheduled to be sold at thc Sheriffs Sale on SEPTEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $80~587.22 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this SherifFs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215} 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract of land with improvements, thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and descr/bed as follow: BEGINNING Lot No. 36 on the plan section 10 of Noll Manor as recorded in the Recorder of Deeds for Cumberland County in Plan Book 27, Page 12; continuing 22.00 feet along the North along Virginia Avenue: Containing 150.32 feet along the West along Lot No. 35 on said plan; containing 22.00 feet along the South along lands now or formerly of Carl Davis and containing 150.30 feet along the East along Lot No. 37 as shown on said plan the place of beginning. BEING improved with a two story Townhouse known as 146 Virginia Avenue, Carlisle, Pennsylvania. BEING the same premises which Evelyn S. Hess, by her deed dated April 22, 1994 and recorded April 22, 1994 in the Office of the Recorder of Deeds of Cumberland County in Deed Book 104, Page 409, granted and conveyed unto Hai M. Le and Minh T. Nguyen, his wife, grantors herein. Vested by: Special Warranty Deed dated 1-17-97, given by Hal M. Le and Minh T. Nguyen, husband and wife to Juston Reynolds and Tamra Sue Reynolds, husband and wife, their heirs and assigns as tenants by the entireties recorded 1/21/97 in Book: 152 Page: 329. Tax Parcl#29-16-1096-109 Mortgage Electronic Registration Systems, Inc. VS Juston Reynolds and Tamra Sue Reynolds In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-655 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Poundage 1.86 Law Library .50 Prothonotary 1.00 Certified Mail 16.30 Levy 15.00 Surcharge 30.00 $94.66 paid by attorney 07/13/04 Sworn and subscribed to before me So Answers: R. Thomas Kline, Sheriff Prothonotary Real Estfite Deputy MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, JUSTON REYNOLDS TAMRA SUE REYNOLDS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-655-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiffin the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 146 VIRGINIA AVENUE, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JUSTONREYNOLDS 8555 NEWINGTON FOREST COURT SPRINGFIELD, VA 22153 TAMRA SUE REYNOLDS 146 VIRGINIA AVENUE CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name AMERICAN GENERAL~NANCE Last Known Address (if address cannot be reasonably ascertained, please indicate) 6 S. HANOVER STREET CARLISLE, PA 17013 4. Name and address of last recorded holder ofe,bery mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. ~lq alne Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 146 VIRGINIA AVENUE CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. May 11, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, JUSTON REYNOLDS TAMRA SUE REYNOLDS Defendant(s). TO: JUSTON REYNOLDS 8555 NEW1NGTON FOREST COURT SPRINGFIELD, VA 22153 CUMBERLAND COUNTY No. 04-655-CIVIL TERM May 11,2004 TAMRA SUE REYNOLDS 146 VIRGINIA AVENUE CARLISLE, PA 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN A GAINST PROPERTY. ** Your house (real estate) at, 146 VIRGINIA AVENUE, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $80,587.22 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attomey to assert your rights. The sooner you contact one, the more chance you ~vill have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act itranediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN tract of land with improvements, thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follow: BEGINNING Lot No. 36 on the plan section 10 of Noll Manor as recorded in the Recorder of Deeds for Cumberland County in Plan Book 27, Page 12; continuing 22.00 feet along the North along Virginia Avenue: Containing 150.32 feet along the West along Lot No. 35 on said plan; containing 22.00 feet along the South along lands now or formerly of Carl Davis and containing 150.30 feet along the East along Lot No. 37 as shown on said plan the place of beginning. BEING improved with a two story Townhouse known as 146 Virginia Avenue, Carlisle, Pennsylvania. BEING the same premises which Evelyn S. Hess, by her deed dated April 22, 1994 and recorded April 22, 1994 in the Office of the Recorder of Deeds of Cumberland County in Deed Book 104, Page 409, granted and conveyed unto Hai M. Le and Minh T. Nguyen, his wife, grantors herein. Vested by: Special Warranty Deed dated 1-17-97, given by Hai M. Le and Minh T. Nguyen, husband and wife to Juston Reynolds and Tamra Sue Reynolds, hushand and wife, their heirs and assigns as tenants by the entireties recorded 1/21/97 in Book: 152 Page: 329. Tax Parcl#29-16-1096-109 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) ' NO 04-655 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From JUSTON REYNOLDS AND TAMRA SUE REYNOLDS (I) You are directed to levy upon the propen'y of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are a~s~ directed to attach the pr~perty ~f the defendant(s) not ~evied upon in the p~ssession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is e~loined 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) ~f pr~perty ~f the defendant(s) n~t ~evied up~n an subject to attachment is f~und in the p~ssessi~n 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 $80,587.22 L.L. $.50 Interest FROM 5/12/04 TO 9/8/04 (PER DHgM - $13.25) - $1,590.00 AND COSTS Atty's Comm % Due Prothy $1.00 Atly Paid $134.45 Other Costs Plaintiff Paid Date: MAY 12, 2004 (Seal) CURTIS R. LONG Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215~563-7000 Supreme Court ID No. 12248 Real Estate Sale #21 On May 18, 2004 the sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA Known and numbered as 146 Virginia Ave., Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. ~te: May 18, 2004 By: :~v Real Estal/e Deputy FEDERMAN AND PHELAN By: DANIEL SCHMIEG IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 56%7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC VS. JUSTON REYNOLDS TAMRA SUE REYNOLDS : County .. : Court of Common Pleas Plaintiff : : CIVIL DIVISION : : NO. 04-655 CIVILTERNI _. _. .. Defendant(s) : PRAEC~IPE TO VACATF, JUDGMENT ANI) MARK CA,~F, DI~CONTINUF, D ANl~ ENDEii WITHOUT pREJUDiCE TO THE PROTHONOTARY: Kindly vacate the Judgment which was entered on 5/13/04 against JUSTON REYNOLDS and TAMRA SUE REYNOLDS, Defendant(s), in the amount of $80,587.22 relative to the instant matter and mark this case discontinued and ended, without prejudice, upon payment of your costs only. Aftomey for Plaintiff .% Dated: July 29, 2004