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Home My WebLink About04-2727 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id, No, 12248 LAWRENCE T, PHELAN, ESQ" Id, No, 32227 FRANCIS S, HALLINAN, ESQ" Id, No, 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FORPLAINTWF MORTGAGEELECTRO~C REGISTRATION SYSTEMS, INC, 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. D4 - J..'1;J.'1 C!.i'O'( <---r~ v. CUMBERLAND COUNTY DONALD R. NACE, JR III EAST PINE STREET MOUNT HOLLY SPRINGS, P A 17065 PENNY L. NACE III EAST PINE STREET MOUNT HOLLY SPRINGS, P A 17065 Defendant( s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. W 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, W YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 93970 File #: 93970 IF TillS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS 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. 1. Plaintiff is MORTGAGEELECTRO~C REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2, The name(s) and last known addressees) of the Defendant(s) are: DONALD R. NACE, JR III EAST PINE STREET MOUNT HOLLY SPRINGS, P A 17065 PENNY L. NACE III EAST PINE STREET MOUNT HOLLY SPRINGS, P A 17065 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 08/21/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1832, Page 537, 4, The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2004 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 #: 93970 6, The following amounts are due on the mortgage: Principal Balance Interest 01/01/2004 through 06/14/2004 (Per Diem $15.26) Attorney's Fees Cumulative Late Charges 08/21/2003 to 06/14/2004 Cost of Suit and Title Search Subtotal $49,926,71 2,533,16 1,250,00 95,24 $ 550,00 $ 54,355,11 Escrow Credit Deficit Subtotal TOTAL 0,00 311.10 $ 311.10 $ 54,666.21 7, The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale, Ifthe Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged, 8, 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 54,666,21, together with interest from 06/14/2004 at the rate of$15.26 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. FEDEiAND PHEL}N;!t.P / / By: ;/r~&t.lr.ft.tft~ FRAN FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 93970 ALL lhal certain In1ct orlond wilh the i.:oproVemetllS IhertlQ/l ,jlllalll in lhe norOll~ of Mr. HQlly Springs. Cumberland County, Pcnnsylvnnin, bOunded Md da,cn'\Jcld lIa follow", Uli:GINNING ot A palm 001110 northorn ,ide 0(.40 feel wide proJlQ:lO(l stree!, Sllid poinl being N<Xtb 63 dellree:; 30 minul"" WClJI, <<db/anec of40 feci; Itom the: ~ side oethe ri!llll- of-way ofRaadinll Railway Comf'llny and Nonb 26 ~c:gm:, 30 mlnutos East, II <l1stancc of 40 lCcl Ii'"", (he liOulhem ,ide of nn Riley coiled pri,gi\1Jlllou:l<: AU.')': Ihoneu qlonelh" IIOrlhel'lI .ide of ".id prolloscd 40 fecI wide slreet, Norll, 63 dCCl'C<lll30 nUnules Wesl, q dislunce of250 fcello UII iron pin On Ib" line Of~d now or fOl'P1Cl'ly ofJolut D. Bitner and Reba M Bitner, hi, wife; IIIU1lC<llllnnlllllo Inll.... NOIth 26 ""ll"';'" 30 minulClll!llsl, B diSllln... Df.l SO fuat to III' iro" pill on lho lino Of land, now I'r fomllmy ofW.E. Knippol; !llCQCC alOlig Ihe I.Uct. South G3 dO\lf_ 30 minutes &sl, a dislllnec (>(250 recllo n point; thonc;o nlonlllho ...me, SoutI, 26 dq;rces 30 milu,."" W...,.I, n .li.,.,1CC nf151) fcelln 1I1e MaCT...fUK(:INNINC:. UEING illll""""d wilh n dwcllill~ k,lown And lIulRb...ed ns III IIn>t "i,,,, SlrCCl (CTrIl'lCOl1s1y refe..."" (0 jn Illior deed "' 109 u...i I'juo SlrcCl). Mt. llDUy Sl,ri'lllli. l'IllNt:lylvnnilt. TQCE'l'IIElt WITlllh" full,."cc nnd pcl'Jlolllal riQht to use, m~inlain. oJlCflUc, repair Rnd ,.,."ovo tile Wltlor I'il''' line in hs prcicot p...ilioll.lfI, tbroUllh lIlId over the land llOW Dr fDl1lK:l'ly of JoI1n C. Miller Bltd Sarah MIllor, hia wir~ l)'ill8 bo!wceIlllle ~Icrn bolllldaiy oflhe propen)' herein conveyod and the west""' right-of-way line of II... Rqdjng Railway Compuny, Rid lluld being 40 fcet.ln wicldJ lUld t 50 fief ill I!eplh; IOSadJcr with the riShr ofingrg 8lld egress 10 an<l from said Imet of land for Ihd pu~o oflllaintuining. ropalrilll!, fc:l1OWing and 1'OSI0ring .'IC ..id WlIla'lin" IIl1d for Ihe ""'lOvBI of Iho SOU'''' wllCt. dcoited by Ihe gnull~ Ibeir hr:lr" II'''' usillllS. BEING tbe SlImo Properly thst MAROAlUrr A. MACKEY, alnglo wOIllaIl, granted and conveyed to HER.8ERT J. MOFFm lInd THELMA L:MOFFt17. hi, wife, I\I1IIltolll herein, by ~d dUled October 13, 1989, 8lld recorded in tho office oft"" Reo:ordCr of Deeds for CUII1bc;rland Cothlly jll Deed Boak "".., Volum" 34, P1lllC400. VERIFICATION MICHAEL D, VESTAL hereby states that he is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INe, mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verificati()ll, and that the statements made in the foregoing Civil Action in Mortgage Foreclosnre are true and correct to the best ofhis knowledge, information and belief. The undersigned understands that this statement is made snbject to the penalties of 18 Pa, C.S, Sec. 4904 relating to unsworn falsification to authorities, ~D~# DATE: ~( 1'&(00, 70 tl- -- ~ "- ~ -...() \.:) "lQ ~ 0 w ~ tI1 0 --a ~ ;;u ~ r- t ----t.... ,"-' ~~ G:-' ...;:::- , c-.. U1 f'-,) L- e> o .." :;-I _1:~ Ill,"" ,- -(1f;1 ij~; 8 , , 1";:1 ~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-02727 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS NACE DONALD R JR ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NACE DONALD R JR the DEFENDANT , at 1414:00 HOURS, on the 21st day of June , 2004 at 111 EAST PINE STREET MT HOLLY SPRINGS, PA 17065 by handing to BOBBIE JO NACE, DAUGHTER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 4.14 .00 10,00 .00 32.14 So Answers: ?"~~ R. Thomas Kline 06/22/2004 FEDERMAN & PHELAN Sworn and Subscribed to before ~ me this '7 day of 1/.0;, ~y AD L- (2 YI1- 01. iJ~, rothonotary' v By: !Id ~ - Deputy S~iff SHERIFF'S RETURN - REGULAR CASE NO: 2004-02727 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS NACE DONALD R JR ET AL JODY SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NACE PENNY L the DEFENDANT , at 0825:00 HOURS, on the 18th day of June , 2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to PENNY L NACE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6,00 .00 .00 10.00 .00 16.00 So Answers: ~(J/ ~~ r ~~-<f'''l~ R. Thomas Kline 06/22/2004 FEDERMAN & PHELAN me this 1 r& day of (~q;;' A.D. --Q-~ .......--\ thonotary .~ .JC(~Ai jj, Depu y heriff Sworn and Subscribed to before By: FEDERMAN M'iD PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BLVD" SIDTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 04-2727 DONALD R. NACE, JR PENNY L. NACE Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against DONALD R. NACE, JR and PENNY L. NACE, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 6/15/04-8/10/04 to 8/11/04-12/8/04 TOTAL $54,666.21 $869.82 $55,536.03 I hereby certify that (I) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~ {) ~OJ\sf'l() 11 FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT1Jj>' J DATE: (J4~ /I, 200'/ ~. ) k . 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 (71 'i) )1>1-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC SYSTEMS, INC REGISTRATION : COURT OF COMMON PLEAS Plaintiff : CNIL DNISION Vs. : CUMBERLAND COUNTY DONAL R. NACE, JR PENNY L. NACE : NO, 04-2727-CIVIL Defendants TO: PENNY L. NACE III EAST PiNE STREET MOUNT HOLLY SPRINGS, P A 17065 DATE OF NOTICE: .mr.Y 28, 21104 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE, IF YOU HAVE PREVIOUSLY RECENED 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 EUGIBL~RSONS AT A REDUCED FEE OR NO FEE. ~'<. " CUMBERLAND COUNTY ("~ LAWYER REFERRAL SERVICE ':t'# ~ CUMBERLAND COUNTY BAR ASSOCIATION <j~v 32 SOUTH BEDFORD STREET "/ C~~~~o:~~;013 C !/ ~/ / / fft/"vf;1;A~ F~FEDERMAN,ESQUlllE 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 FRANCIS S. HALLINAN, ESQ., Id. No, 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (71')) ')61-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELEClRONIC SYSTEMS, INC REG/STRA TION : COURT OF COMMON PLEAS Plaintiff : CIVIL DMSION Vs, : CUMBERLAND COUNTY DONAL R. NACE, JR PENNY L. NACE : NO, 04-2727,CML Defendants TO: DONAL R. NACE, JR III EAST PINE STREET MOUNT HOLLY SPRINGS, P A 17065 DATE OF NOTICE: .JTTT.Y211. 2004 TIllS 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 RECENED 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 HA VE 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 MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 ) / / / J-<Vvr () ~., ~NK FEDERMAN, ESQUIRE LAWRENCE T, PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff ~ "~ -'~ "~ r , ~ t;P D ~ ~ it- It 0 o ..... w () (', ~ ~ _ ) ~ ~ ~ ~ IU' 6"'- ~ ~ ~ o -J:- r- ~:?, '". ~> (..~. ~Tl _ ".. .-J -,~ ii, " , C>.., FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 04-2727 DONALD R. NACE, JR PENNY L. NACE Defendant(s). VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge ofthe following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service ofthe United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DONALD R. NACE, JR is over 18 years of age and resides at, 111 EAST PINE STREET, MOUNT HOLLY SPRINGS, PA 17065. (c) that defendant PENNY L. NACE is over 18 years of age, and resides at, 111 EAST PINE STREET, MOUNT HOLLY SPRINGS, PA 17065. This statement is made subject to the penalties of 18 Pa. C.S, Section 4904 relating to unsworn falsification to authorities. -ju).5\~ ~~ tW\\ 6)fl.. ~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff r_:, PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. No. 04-2727 DONALD R. NACE, JR PENNY L. NACE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $55,536.03 Interest from 8/11/04-12/8/04 (per diem -$9.13) $1,095,60 and Costs TOTAL $56,631.63 ~M~\()fi~~ FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No, IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. IJ1IJ1 'C 'C <::> <::> r- r- ... ... << ~~ r/Jr/J "" zz caca ~~ 0000 ;;.<;;.< ...... ...... 00 == ~~ ,..,.. ZZ OZ Z ;J;J 00< 0 00 <> u ... J. ~~ "";; ,.. uZ ;J ,..;,..; "'00 ...... u c:' """" -d ~Z Z 0 Ili:i ~~ ~~ Zz 000 ... 0) 0,," Ili:i~ 0,," "" = 7'"'1t: , ""u C'P ,..,.. 0) ~~ ,.."" ~ ~ 0000 YO u'" u< 2" ~ 0 o'!l .- """" 0) <z . '" .D 01: ,,"00 ,.. 2: ~E: zz ...~ Z . ;;... .; ca~ ... ... '" uz ""z .. ~... --cJ~ ~~ s ~S tS9 Q;;'< ~~ 01;;... ,..,.. YO ~~ 0000 .... ,..u Ili:i os 0) << 0) ~~ .L"'/ E g- Ili:iQ Z"" o~ ~~ """" 0- ;J~ o~ ~ C> ... ... 0) ~,.. ""~ ... ... .... 8~ Q ... ... 0) o;!l ~~ C ..<:: ... ~ """" ~" u d en YO == ~ ~ .;; 0) ,..~ -? .a 1 2 ." Z;J ~ i:i: <( "'u ',0 Jl cd -t; /- . j ~~~~ .. .. .. - ,;-,-:; .. .. ~ .. ul -dJ .. .. .. .. a.. ....9. c:S~ -. 0'" ~ (J -- (L ~ -- ~ :::r- '<) I J 0 \) J ':::r V} () -::r tJl \) ~ ..... Q V M '""- -- () a <." -..-J >.JJ r:'( ....9 .oO:"'p - ~ ~ ~ Ij ...... ('t) --. V) r<) ~ a (Y -c::,. - <;:J , ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON SrTUATE IN THE BOROUGH OF MT. HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYL VANIA, BOUNDED AND DESCRrBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERN Sn>E OF A 4(J FEET Wlr>E PROPOSED STREET, SAl[) POINT BEING NORTH 63 DEGREES 30 MINUTES WEST, A DISTANCE OF 40 FEET FROM THE WESTERN SlOE OF THE RIGIIT-OF-WAY READING RAILWAY COMPANY AND NORTH 26 DEGREES 30 MINUTES EAST, A DISTANCE OF 40 FEET FROM THE SOUTHERN SlOE OF AN ALLEY CALLED PRINTING HOUSE ALLEY; THENCE ALONG THE NORTHERN SIDE OF SAl[) PROPOSED 40 FEET WIDE STREET, NORTH 63 DEGREES 30 MINUTES WEST, A DISTANCE OF 250 FEET TO AN IRON PIN ON THE LINE OF LAND NOW OR FORMERLY OF JOHN O. BITNER AND REBA M. BITNER, HIS WIFE; THENCE ALONG THE LATTER, NORTH 26 DEGREES 30 MINUTES EAST, A DISTANCE OF ISO FEET TO AN IRON PIN ON THE LINE OF LANDS NOW OR FORMERLY OF W.E. KNIPPEL; THENCE ALONG THE LATTER, SOUTH 63 DEGREES 30 MINUTES EAST, A DISTANCE OF 250 FEET TO A POINT; THENCE ALONG THE SAME, SOUTH 26 DEGREES 30 MINUTES WEST, A DISTANCE OF ISO FEET TO THE PLACE OF BEGINNING. VestlOl! Information: . J Vested by: Warranty Deed dated 07/11/96 ,given by Herbert J. Moffitt IInd Thelma L. Moffitt, his WIfe to Donald R. Naee, r. and Penny L. Nace. his wife recorded 07/lZ196 in Book: 14Z Page: 635 TM ~~\Q2\-W-cd3--b2-~-:)7!5 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 04-2727 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC., Plaintiff (s) From DONALD R. NACE, JR. AND PENNY L. NACE (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attaclunent 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 attaclunent 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 enj oined as above stated. Amount Due $55,536.03 L.L. $.50 Interest FROM 8/11/04 - 12/8/04 (PER DIEM - $9.13) - $1,095.60 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $130.14 Other Costs Plaintiff Paid Date: AUGUST 11, 2004 CURTIS R. LONG (Seal) Prothono~y -.I\y: ~ ".-0),. '" - P. /?l~r<r-' Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQIDRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPIDA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Request for Military Status Page I of I Department of Defense Manpower Data Center .. Military Status Report .. Pursuant to the Servicemen's Civil Relief Act of 2003 <Last Name First Middle Begin Date I Active Duty Status NACE AUG-09-2004 II: 19:49 I Service/Agency Currently not on Active Military Duty, based on the Social Security Number and last name provided. 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. ~~c..-~ Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, V A 22209-2593 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 tosscra.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.milludpdri/owalsscra.prc_Select 8/9/2004 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PillLADELPillA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION DONALD R. NACE, JR PENNY L. NACE NO. 04-2727 Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ l\R 1,0 rtDM'V) fL FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff --, . , MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION DONALD R. NACE, JR PENNY L. NACE NO. 04-2727 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 111 EAST PINE STREET, MOUNT HOLLY SPRINGS, P A 17065. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DONALD R. NACE, JR 111 EAST PINE STREET MOUNT HOLLY SPRINGS, P A 17065 PENNY L. NACE 111 EAST PINE STREET MOUNT HOLLY SPRINGS, P A 17065 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 111 EAST PINE STREET MOUNT HOLLY SPRINGS, PA 17065 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 9, 2004 DATE jL() \\ U--OQJ\f\'lf)ri. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff r-," MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 04-2727 v. DONALD R. NACE, JR PENNY L. NACE Defendant(s). August 9,2004 TO: DONALD R. NACE, JR 111 EAST PINE STREET MOUNT HOLI_Y SPRINGS, PA 17065 PENNY L. NACE 111 EAST PINE STREET MOUNT HOLLY SPRINGS, P A 17065 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BI AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at, 111 EAST PINE STREET, MOUNT HOLLY SPRINGS, PA 17065. is scheduled to be sold at the Sheriff's Sale on DECEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $55,536.03 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEM INC. (the mortgagee) against you, In the event the sale is continued, an announcement will be mad. 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 Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late ch costs and reasonable attorney's fees due. To find out how much you must pay, y' call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike 0 judgment, if the judgment was improperly entered. You may also ask the Cour postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only ifthe buyer pays the Sheriffthe full amount due in the sale. To find out ifthis has happened, you may call (717) 240-6390. 4. lfthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe property as if the sale never happened. 5 . You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share ofthe money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORT ANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON SITUATE IN THE BOROUGH OF MT. HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYL VANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERN SIDE OF A 40 FEET WIDE PROPOSED STREET, SAID POINT BEING NORTH 63 DEGREES 3(} MINUTES WEST, A [)1ST ANCE OF 40 FEET FROM THE WESTERN S[f)E OF THE RIGlIT-OF-WAY READING RAILWAY COMPANY AND NORTH 26 DEGREES 30 MINUTES EAST, A DISTANCE OF 4(J FEET FROM THE SOUTHERN SlOE OF AN ALLEY CALLED PRINTING HOUSE ALLEY; THENCE ALONG THE NORTHERN SIDE OF SAID PROPOSED 40 FEET WIDE STREET, NORTH OJ DEGREES 30 MINUTES WEST, A DISTANCE OF 250 FEET TO AN IRON PIN ON THE LINE OF LAND NOW OR FORMERLY OF JOHN D. BITNER AND REBA M. BITNER, HrS WIFE; THENCE ALONG THE LATTER, NORTH 26 DEGREES 30 MINUTES EAST, A DISTANCE OF 150 FEET TO AN IRON PIN ON THE LINE OF LANDS NOW OR FORMERLY OF W.E. KNIPPEL; THENCE ALONG THE LATTER, SOUTH 63 DEGREES 30 MINUTES EAST, A DISTANCE OF 250 FEET TO A POINT; THENCE ALONG THE SAME, SOUTH 26 DEGREES 30 MINUTES WEST, A DISTANCE OF 150 FEET TO THE PLACE OF BEGINNING. VestlOl! Information: . Ve~led by: Warranty Deed dated 07/11196 , given by Herbert J. Moffitt and Thelma L. Moffitt, his WIfe 10 Donald R. Nace, Jr. aDd Penny L. Nace, his wife recorded 07/12/96 in Book: 142 Page: 635 w ~~\C2\-W~3-\02-~-d7!5 ';j AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PJT . l'hAIN'rIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. No. 04-2727 DEFENDANT(S) DONALD R. NACE, JR PENNY L. NACE ACCT. #25317386 SERVE DONALD R. NACE, JR AT 111 EAST PINE STREET MOUNT HOLLY SPRINGS, PA 17065 Type of Action _ Notice of Sheriff's Sale Sale Date: DECEMBER 8, 2004 SERVED ~~ Served and made known to OO~lS'\: ~. tJg"-~J~;efendant,onthe~daYOf. ~)..'5~ ,200_t at G: /0 , o'c1ockfm, at "I k. f;N'<. J~';' Ii.+. 61!dly -'?f'" lJ~lommonwealth of Pennsylvania, in the manner described below: Defendant personally served. I 1\' .(: 'j!.. Adult family member with whom Defendant(s) reside(s). Name and Relationship is VV' ~ ~ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: ( J I fI,,, . \ Description: Age 15 HeightQ WeightJ!IfP Race LJl. sex~ Other '3 ';)'5=>"'':> I, c\~ ~""~ ~ L.... C'"O'~~c~;:;~t adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date the address indicated above. .~v.v-,( L. ;.,; 'a-'- ~ Sworn to and subscribed ret;~'" ~ of .200~~ Notary:' : { PLEASE ATTEMPT SERVI T LEAST 3 TIMES. INDiCATE D ~WL UlCIlLEH.CARTY,~ ,~~~NlJf.1~ NOT SERVED On the day of ,200_, at o'clock _.m, Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: / / Time: 2nd Attempt: / Time: 3rd Attempt: / / Time: S worn to and subscribed before me this _ day of ' 200 _' Notary: By: Allornev for Plaintiff Frank Federman, Esquire - J.D. No. 12248 r-\ ~2 (;,:; cr; c: . . . .' AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. PJT No. 04-2727 DEFENDANT(S) DONALD R. NACE, JR PENNY L. NACE ACCT. #25317386 SERVE PENNY L. NACE AT 111 EAST PINE STREET MOUNT HOLLY SPRINGS, PA 17065 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 8, 2004 Served and made known to , 200~at G ~ I 0, o'clock -fm, at SERVED fL, . Defendant, on the. ;;J. 9 I{'V' 1Y of ~\,) ') o.l"> ~ ; tJ~ ~'J ~ r 'S(\J'~ t-J".l5' , Commonwealth of Pennsylvania, in the manner described below: ~ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. '].., . , ~ l Description: Age .5 ~ Height ~~,;). Weightl.!fjJ Race WL.Sex -E Other '5 \0-WS'C=-"5' c\9-~CoN"e. 1--, G,.<<..~ ,'Tv.. . I, ::'/a competent adult, bemg duly sworn accordmg to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Other: Sworn to and subscribed befor me thi~ day Xc of . 2001. ~ Notary: By' PLEASE ATTEMPT SER E AT LEAST 3 TIMES. INDICATE DAT ATTEMPTED. NOT SERVED On the day of ,200_. at o'clock _.m, Defendant NOT FOUND beeau,e: Moved Unknown No Answer Vacant 1 st Attempt: I 1 Time: 2nd Attempt: I I Time: 3rd Attempt: / I Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Atlornev for Plaintiff Frank Federman, Esquire. I.D. No. 12248 , '" C:,~l C) ~:r.~ - i i C~ <. (('~ C') (.)' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ) CIVIL ACTION ) vs. DONALD R. NACE, JR PENNY L. NACE ) CIVIL DIVISION ) NO. 04-2727 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. hereby verify that on 8/13/04 true and correct copies ofthe Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: November 22.2004 ~fuJncLfL FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff :>'~ ~ or " - ;:z ';'5 liS- """ tp'" '" 0 ..., Vl " " 3" ~~ t:J "or 0 [z z ~~ ~ ~~ t:J 0::;; (0 alli' ~ a Z :> (") JTl :;a m'<l .g Sl o~ 'ti ~ ~~ ." !1 Z ~ o -. ~ n " <' 5' 0< ?g~g.~;l g 9~.t: 0 ~;ing~ ~(\~~f;- ~~~~& "'" s' g. g. ~ ~3~~fr ..- _. ~ -. 0 ~~~8g ~ ""go~;: ~L.8~ " Ei Q'"O :to fi)" g."C ~ ~ ~ Sl~~tr"E ~~~~~ o m'o ~ 0 ;i~~~;:2 j;J~~=~ ~b""U;-,:).. . 8ifg 0 8'~~~ ~ ~. m R. n3~$:l) I-o-of ~. ~ ~ 8. ~ no 3 UJ _. 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(l) ~~&~ ~~~o -o..CIl'"C o '< s:: ::r: 1ftl:l0"tr1 Q(;o3.t'""' ~~~~ '"CI p:l CIl ~ ~as-t'""' I'D ~ ::to t'""' .., 0 '"C :-oCll::i ~ 8. nJ (t .g ~ I'D 0 ., 0 .... 51 ~/ ~~;~~~'= (~r" c: ~ "', ~ , _ $ 00.900 f.v1:\"H:~-'~~~~: <~L!'3'!3 200~ '" L~D FRuM ZtPr.nD!: ; C1 ,'~ -- -- ..... ..... ; ,,).:;: 0 "-:l fV? c::; f;; t:;::) "c- ;;;e i! <:::> m;;g "" "V .'0 fTl :TJ? \.C () ..-.0 -0 or: "'"f, -""," I'''):U -,~"" ''''0 OfT; ;:.:j 1"::1 0'\ -< Mortgage Electronic Registration Systems, Inc. VS Donald R. Nace, Jr. and Penny 1. Nace In The Court of Common Pleas of Cwnberland County, Pennsylvania Writ No. 2004-2727 Civil Term Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on September 09,2004 at 8:17 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Donald R. Nace, Jr. and Penny 1. Nace, by making known unto Penny Nace, personally and wife of Donald R. Nace, Jr., at I II East Pine Street, Mount Holly Springs, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2004 at I :24 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Donald R. Nace, Jr. and Penny 1. Nace located at I II East Pine Street, Mt. Holly Springs, 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 defendants, to wit: Donald R. Nace, Jr. and Penny 1. Nace, by regular mail to their last known address of I I I East Pine Street, Mt. Holly Springs, PAl 7065. This letter was mailed under the date of October 06, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Law Library Prothonotary Mileage Levy Surcharge 30.00 13.79 15.00 15.00 .50 1.00 10.36 15.00 30.00 cr\ \ b\ ~~,,~ ~ ") ~ \I.t\ \li\ Law Journal Patriot News Share of Bills Postpone Sale 251.45 270.97 30.42 20.00 $703.49 Sworn and subscribed to before me This 02f day of.J: 11; ~~~ R. Thomas Kline, Sheriff BY ~~W:th Real Estate eputy MORTGAGE ELECTRONIC REGISTMTlON SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEA v. CIVIL DIVISION DONALD R. NACE, JR PENNY L. NACE NO. 04-2727 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., Plaintiff in the ab ve action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as ofthe date the Praecipe for th Writ of Execution was filed the following information concerning the real property located at 111 EAST PINE STREET, MOUNT HOLLY SPRINGS. PA 17065. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DONALD R. NACE, JR 111 EAST PINE STREET MOUNT HOLLY SPRINGS, PA 1706 PENNY L. NACE 111 EAST PINE STREET MOUNT HOLLY SPRINGS, PA 1706 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 Ii n on the real property to be sold: Name Last Known Address (if address cannot reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot e reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot e reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property an whose interest may be affected by the sale. Name Last Known Address (if address cannot e reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has ny interest in the property which may be affected by the sale: Name Last Known Address (if address cannot e reasonably ascertained, please indicate) Tenant/Occupant 111 EAST PINE STREET MOUNT HOLLY SPRINGS, PA 170 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of knowledge or information and belief I understand that false statements herein are made s penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. personal ~ect to the August 9. 2004 DATE ~ () \\ ~ nO f) r\lfifL FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ,. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, No. 04-2727 v. DONALD R. NACE, JR PENNY L. NACE Defendant(s). August 9, 2004 TO: DONALD R. NACE, JR 111 EAST PINE STREET MOUNT HOLLY SPRINGS, PA 17065 PENNY L. NACE 111 EAST PINE STREET MOUNT HOLLY SPRING . 'THIS FIRM IS A DEBT COLLECTOR A ITEMPTlNG TO COLLECT A DEBT AND ANY INFO OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCH GE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONS RUED TO BE AN A ITEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.' Your house (real estate) at 111 EAST PINE STREET MOUNT HOLLY SPRI GS PA 17065, is scheduled to be sold at the Sheriff's Sale on DECEMBER 8, 2004 at 10:00 a.m. n the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the ourt judgment of$55.536.03 obtained by MORTGAGE ELECTRONIC REGISTRATION YSTEMS INC. (the mortgagee) against you. In the event the sale is continued, an announcement wi be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: J. The sale will be cancelled if you pay to the mortgagee the back payments, la e charges, costs and reasonable attorney's fees due. To find out how much you must p , you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strik or open the judgment, if the judgment was improperly entered. You may also ask the C urt to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the ore 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 0 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 bi er. 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 ossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due n 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 ofthe property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceed gs 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 he sale. This schedule will state who will be receiving that money. The money will be paid out in acco dance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed ith 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 bac , if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU D A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFI BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOT HAVE LISTED IMPORT ANT NOTICE: This property is sold at the direction of the plaintiff. It ma not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale m st be postponed or stayed in the event that a representative of the plaintiff is not presen at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THF:RJ':ON SITUATE IN T BOROUGH OF MT. HOLLY SPRINGS, CUMBERLAND COUNTY, PENNSYL VANIA, BOUNDED AND DESCRIBED FOLLOWS: BEGINNING AT A POINT ON THE NORTHERN SIDE OF A 40 FEET WIDE PROPOSED STRE T, SAID POINT ~ BEING NORTH 63 DEGREES 30 MINUTf.S WEST, A DISTANCE OF 40 FEET FROM THE WESTE SIDE OF THE RIGIlT-OF-W A Y READING RAILWAY COMPANY AND NORTH 26 DEGREES 30 MINUTES EAST, DISTANCE OF 40 FEET FROM THE SOUTHERN SIDE OF AN ALLEY CALLED PRINTING HOUSE ALLEY; THE E ALONG THE NORTHERN SlOE OF SAID PROPOSED 40 FEET WIDE STREET, NORTH 63 DEGREES 30 MI UTES WEST, A DlST ANCE OF 250 FEET TO AN IRON PIN ON THE LINE OF LAND NOW OR FORMERLY OF HN D. BITNER AND REBA M. BITNER, HIS WIFE; THENCE ALONG THE LATTER, NORTH 26 DEGREES 30 M NUTES EAST, A DISTANCE OF ISO FEET TO AN IRON PIN ON THE LINE OF LANDS NOW OR FORMERLY 0 W.E. KNIPPEL; THENCE ALONG THELATTER, SOUTH 63 DEGREES 30 MINUTES EAST, A DISTANCE OF 256 FE TO A POINT; THENCE ALONG THE SAME, SOUTH 26 DEGREES 30 MINUTES WEST, A DISTANCE OF 15 FEET TO THE PLACf. OF BEGINNING. Ve5tinl! Information: . . Vested by: Warranty Deed dated 07/11/96 ,given by Herbert J. Moffit( and Thelma L. Moffitt, hl5 WIfe 19 Do aid R. Nate, Jr. and Penny L Nate his wife recorded 07/12/96 in Book: 142 Page: 635 . , ~ ~~\Q2\W-d3\Q2-~-d75 WRIT OF EXECUTION aqd/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-2727 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC., Plaintiff (s) From DONALD R. NACE, JR. AND PENNY L. NACE (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant( s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined fro paying any debt to or for the account of the defendant (5) and from delivering any property of the defenda t (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as garnishee and is enjoined as above stated. Amount Due $55,536.03 L.L. $.50 Interest FROM 8/11104 - 12/8/04 (PER DIEM - $9.13) -- $1,095.60 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $130.14 Plaintiff Paid Date: AUGUST 11, 2004 Other Costs CURTIS R. LONG Prothonotar e (Seal) 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 #15 On August 20, 2004 the Sherifflevied upon the defendant's interest in the real property situated in Mt. Holly Springs Borough, Cumberland County, P A Known and numbered as III East Pine Street, Mt. Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 20, 2004 By: J ar:bJSwlJ. Real Esta~ Deputy s c::vil c::vil c::= G=e> fNIJ "" ('"", ;'. ~') 1'4 i'l.:J d I ", I , Uj ~ ).1!-, I ~:J111,- ' ,,, ,'JJ REAL ESTATE SALE No. 15 Wrft No. 2004-2727 . ClvIll'erm Mortgage Elilc:tnlnic RegistrBtkin Systems, Inc. . '. . Vs . Ucmald R~ Nace, Jr. and Penny 1.. Mace Ally: Frank t=ederman . ." DESCRIP110N ."..:....";, ""';', AU.. THAT imrAIN- tract of land with the improvementslhereonsituate in the Borough of Mt Holly Spring>;. CumberIaIld~, PeJiD8ylvania, bow1ded andde-scribedllS follows: . BEGINNING at a poilIt OII-the llOrtbem side ofa 4O-feet-wide proposed streel; said poilIt beiIlg nOllh 63 .degnies.30 mi..... lyeSl,a'distance of 40 feet _file wesrem, side d" the right-<lf-way Reading Railway Company and n01Ih JJj degrees 30 ~tast, a. ~ Qi40 feet fiom file 5<lIlIb\1Dl sid&of an alley .ciIlkd P.rinting &use . II minutes _ al of 150 feet to an inm pin on the IlDe of .DllVI or fOllllerly of W.E. Kniwel; 1bence along the hitter, sonth 63 degrees 30 IDIDlIles east, a distance of 250 feet In a point; thence along lbe same, sonth 26 degrees 30. minutes . west, a distance of 150 feet to tbe placeilfBEGINNING. VES'JEI) BY: W8Iranty Deed dated 01111/96, given by Herllert 1. Moffilland ThelmaL. Moffitt, his wife, to Donald R. Naco, Jr. and Penny L Naco, his wife, recorded 01112196 in Book: 142 Page: 635. . . TAX PARCEL #23-32-2336-215. REAL ESTATE SALE NO. 15 Writ No. 2004-2727 Civil Mortgage Electronic Registration Systems. Inc. vs. Donald R. Nace. Jr. and Penny L. Nace Atty.: Frank Federman ALL TIiAT CERTAIN tract of land with the improvements thereon situ- ate in the Borough of Mt. Holly Springs. Cumberland County. Penn- sylvania. bounded and described as follows: beginning at a point on the northern side of a 40 feet wide pro- posed street, said point being North 63 degrees 30 minutes West, a dis- tance of 40 feet from the western side of the right-of-way Reading Railway Company and North 26 de- grees 30 minutes East, A distance of 40 feet from the southern side of an alley called Printing House Alley: thence along the northern side of said proposed 40 feet wide street, North 63 degrees 30 minutes West, a distance of 250 feet to an iron pin on the line of land now or formerly of John D. Bitner and Reba M. Bit- ner, his wife; thence along the lat- ter, North 26 degrees 30 minutes East. a distance of 150 feet to an iron pin on the line of lands now or formerly of W.E. Knippel; thence along the latter, South 63 degrees 30 minutes East, a distance of 250 feet to a point; thence along the same, South 26 degrees 30 minutes West, a distance of 150 feet to the place of beginning. Vesting Information: Vested by: Warranty Deed dated 07/11/96, given by Herbert J. Mof- fitt and Thelma L. Moffitt. his wife to Donald R. Nace. Jr. and Penny L. Nace, his wife recorded 07/12/ 96 in Book: 142 Page: 635. Tax Parcel #23-32-2336-275. . PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 62205 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff Court of Common Pleas CUMBERLAND County No" 04-2727 CIVIL vs. DONALD R. NACE, JR. PENNY L. NACE Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT, VACATE JUDGMENT AND DISCONTINUE AND END ACTION. WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, vacate the judgment entered on 08/11/04 in the amount of $55,:>36.03 and mark this case discontinued and ended, upon payment of your costs only. ~ {r7?~ Date ~k ,/~( By: 1~# ' Lawrence T. Phelan, Esq. Francis S.. Hallinan, Esq. Daniel G. Schmieg, Esq. Attorneys for Plaintiff r--' = ~ '-:-;: (~~ :;,,-.... N -J -rJ 9" -' "'1:""T"I r-nF "(' r::~ .jC;_ -.,~~~ !~\\ <~'~:\\"'l\ c:-? ",-.,..., .J ~'"..< o r;:::) -