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HomeMy WebLinkAbout04-4122 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 FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO.OL/ - 'II).;;;"" C!.iCJ~t--&~ CUMBERLAND COUNTY v. CHRISTOPHER S. P AGOTTO 628 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 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. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 95598 File #: 95598 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TillS 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. I. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 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: GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044 2. The name(s) and last known addressees) of the Defendant(s) are: CHRISTOPHER S. PAGOTTO 628 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 who islare the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/24/2001 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. 1737, Page 3026. 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 #, 95598 6. The following amounts are due on the mortgage: Principal Balance Interest 01/01/2004 through 08/18/2004 (Per Diem $17.51) Attorney's Fees Cumulative Late Charges 10/24/2001 to 08/18/2004 Cost of Suit and Title Search Subtotal $88,177.18 4,044.81 1,250.00 126.72 $ 550.00 $ 94,148.71 Escrow Credit Deficit Subtotal 0.00 26.79 $ 26.79 TOTAL $ 94,175.50 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. If the 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 9] of 1983, as amended in ]998, 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) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rn!! Judgment against the Defendant(s) in the sum of $ 94,175.50, together with interest from 08/18/2004 at the rate of$17.51 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale ofthe mortgaged property. FEDERMA~ND PHELA~ By: Is/Fr~~an FRANK FEDERMAN, ESQUIRE LAWRENCE 1'. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 95598 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel ofland situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described in accordance with the Pinal Subdivision Plan for Cedar Ridge Townhouses as prepared by John C. Brilhart surveying and Mapping Services, last revised on January 15, 1978, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 32, Page 73, as follows: BEGINNING at the intersection of the southerly right-of-way line of Cedar Ridge Lane, a private street (50 feet wide), and the dividing line between Lot Nos. F -I and F -2; thence South 37 degrees 23 minutes 30 seconds East along said dividing line, a distance of 85 feet to a point at Common Open Space; thence South 52 degrees 36 minutes 30 seconds West along Common Open Spaces, a distance of24 feet to a point on the dividing line between Lots Nos. 1'-2 and 1'-3; thence North 37 degrees 23 minutes 30 seconds West along said dividing line, a distance of 85 feet to a point on the southerly right-of-way line of Cedar ridge Lane; thence along said southerly right-of-way line of Cedar Ridge Lane, North 52 degrees 36 minutes 30 seconds East, a distance of 24 feet to the point and place of BEGINNING. CONTAINING two thousand forty square feet (2,040 sq. ft.). BEING Lot No. 1'-2 on said Pinal Subdivision Plan. HAVING THEREON ERECTED a two-story townhouse dwelling unit known and numbered as 628 Cedar Ridge Lane. PREMISES BEING: 628 CEDAR RIDGE LANE File #, 95598 VERIFICA nON 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 unsworn falsifications to authorities. :l':r~tJ!i:; Attorney for Plaintiff DATE: 1) fI1!Ot( - P "6Q. ~\~ ..... w CI1 ~ ~ D ~ ~~ ~():::r;:J J::- 8 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., rd. No. 12248 LAWRENCE 1'. 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 FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO.C>l../ - 4/).).., C!.iu~t7a~ CUMBERLAND COUNTY v. CHRISTOPHER S. P AGOTTO 628 CEDAR RIDGE LANE MECHANlCSBURG, P A 17055 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. 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 95598 File #: 95598 IF TillS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TillS 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. I. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 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: GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, P A 19044 2. The name(s) and last known addressees) of the Defendant(s) are: CHRISTOPHER S. PAGOTTO 628 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/24/2001 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. 1737, Page 3026. 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 #: 95598 6. The following amounts are due on the mortgage: Principal Balance Interest 01/01/2004 through 08/18/2004 (Per Diem $17.51) Attorney's Fees Cumulative Late Charges 10/24/2001 to 08/18/2004 Cost of Suit and Title Search Subtotal $88.177.18 4,044.81 1,250.00 126.72 $ 550.00 $ 94,148.71 Escrow Credit Deficit Subtotal 0.00 26.79 $ 26.79 TOTAL $ 94,175.50 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. 9. 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 $ 94,175.50, together with interest from 08/18/2004 at the rate of$17.51 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~NDPHELA~ By: IsiFr~1ffman FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #, 95598 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described in accordance with the final Subdivision Plan for Cedar Ridge Townhouses as prepared by John C. Brilhart surveying and Mapping Services, last revised on January 15, 1978, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 32, Page 73, as follows: BEGINNING at the intersection ofthe southerly right-of-way line of Cedar Ridge Lane, a private street (50 feet wide), and the dividing line between Lot Nos. 1'-1 and 1'-2; thence South 37 degrees 23 minutes 30 seconds East along said dividing line, a distance of 85 feet to a point at Common Open Space; thence South 52 degrees 36 minutes 30 seconds West along Common Open Spaces, a distance of24 feet to a point on the dividing line between Lots Nos. 1'-2 and 1'-3; thence North 37 degrees 23 minutes 30 seconds West along said dividing line, a distance of 85 feet to a point on the southerly right-of-way line of Cedar ridge Lane; thence along said southerly right-of-way line of Cedar Ridge Lane, North 52 degrees 36 minutes 30 seconds East, a distance of24 feet to the point and place of BEGINNING. CONTAINING two thousand forty square feet (2,040 sq. ft.). BEING Lot No. f-2 on said Final Subdivision Plan. HAVING THEREON ERECTED a two-story townhouse dwelling unit known and numbered as 628 Cedar Ridge Lane. PREMISES BEING: 628 CEDAR RIDGE LANE #, 95598 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 unsworn falsifications to authorities. 1~{{1J1i;;; Attorney for Plaintiff DATE: 1J (I ~ lot( p~ tJ 'F.- en \1- \L V' en --- ~ D I ~ }J --U lfl~\:L c..CY::p -.:2 +- ~ G SHERIFF'S RETURN - REGULAR CASE NO: 2004-04122 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC RESISTRATI VS PAGOTTO CHRISTOPHER S CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of says, the within COMPLAINT - MORT FORE Cumberland County, Pennsylvania, who being duly sworn according to law, was served upon PAGOTTO CHRISTOPHER S the DEFENDANT , at 1328:00 HOURS, on the 13th day of September, 2004 at 721 COLONIAL COURT MECHANICSBURG, PA 17055 by handing to CHRISTOPHER S PAGOTTO a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 14.80 .00 10.00 .00 42.80 -7'/ ~ ./> . 'r~~b-"'",",;4~ , R. Thomas Kline 09/14/2004 FEDERMAN & Sworn and Subscribed to before By: me this It!!3= day of ~I'l/~~ ~~O'l A.D. C 1. '-~ Q /n-,.J~~ tfii 1~rothonotary I AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY PJT No. 2004-04122 DEFENDANT(S) SERVE CHRISTOPHER S. P AGOTTO AT 721 COLONIAL COURT MECHANICSBURG, PA 17055 CHRISTOPHERS.PAGOTTO ACCT. #0519632608 Type of Action - Notice of Sheriff's Sale Sale Datc: JUNE 8, 2005 Served and made known t01 vi ".1 40 P ~f'v( s~) at 1// J.S", o'clock f!-m, at 7 ,'J., / (b In) J J- J SERVE~ p" P3,,:>o,be~eodant,onthe /'3 day of );/MLC[, Cf-. J tf~(L;)Iv'l (5 ~U~j ,2005 . Conunonwealth of Pennsylvania, in the manner described below: Defendant personally served. c ( c L_ )( Adult family member with whom Defendant( s) reside( s). Name and Relationship is j J oJ {j'4C Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. "'TI'}'/ a ~.3 c,dftO Manager/Cterk of place oflodging in which Defendant(s) reside(s). J Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: / ,I 'bJ~t 1\;:)./ f- DescjPtion: Age~. Height ,5tP Weight ISo Race tAJt, SexL Other No Cj k~c I, Oar(. el- C<:., L I CiiI- ~ . ?to~etent adult, being duly swom according to law, depose and state that I ~erSOnallY ~ed 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_ NOTARIAL SEAL LUCHJ.E H. eARlY, li ,F Sworn to and subscribed heforemethis.I.",'fh.daY.. ~ of'fJll.c"'-"-- .2000'>. . Notary: 'f. .. '}J.{ ,C'1. G., By: . .~, . , -0".....i....A_-~ j ~y PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES OF SERVICE A'ITEMl.'TED. NOT SERVED On the day of .200_. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant l't Attempt: / / Time: 28d Attempt: / I Time: 3rd Attempt: I / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - to. No. 62205 , PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG . Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SillTE 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. 2004-04122 CHRISTOPHER S. PAGOTTO 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 CHRISTOPHER S. PAGOTTO ,Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 8/18/04 to 3/2/05 TOTAL $94,175.50 $3,449.47 $97,624.97 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. ~G xr, DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA'1t.. DATE: (Y{';:Jl>r"'-.J I 2CX)S ~ f2 PRO PROTHY 4- // FEDERMAN AND PHELAN, LLP . FRANK FEDERMAN, ESQ., Id. No. 12248 LA WRENCE T. PHELAN, ESQ., Id, No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (71 'ij 'i61-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC SYSTEMS, INC. REGISTRATION : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY CHRISTOPHER S. PAGOTTO Defendants : NO. 04-4122 CIVIL TERM ,.-"\ ,,"''7)' ,)'\ '. TO: CHRISTOPHER S. PAGOTTO 721 COLONIAL COURT MECHANICSBURG, PA 17055 \'" ~' "11.' '.i '" ..'\ DATE OF NOTICE: OCTORFR 5.2004 THIS FIRM [S 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.lF 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. IMPORT ANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALL Y 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 MA Y LOSE YOUR PROPERTY OR OTHER IMPORT ANT 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 INFORMA nON ABOUT HIRING A LA WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH [NFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELlGIBI.E PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA TlON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 fR 'EDER AN, ESQUIRE LAWRENCE T. HELAN, ESQUIRE FRANCIS S HALLINAN. ESQUIRE Attornt:y's fur Plaintiff SHERIFF'S RETURN - REGULAR LASE NO: 2004-04122 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC RESISTRATI VS PAGOTTO CHRISTOPHER S CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PAGOTTO CHRISTOPHER S the DEFENDANT , at 1328:00 HOURS, on the 13th day of September, 2004 at 721 COLONIAL COURT MECHANICSBURG, PA 17055 by handing to CHRISTOPHER S PAGOTTO a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 14.80 .00 10.00 .00 42.80 F f , j::" 1~..R R. Thomas Kline me this day of 09/14/2004 FEDE~ By: / " 'Deputy ;heriff ..---; /' Sworn and Subscribed to before A.D. Prothonotary PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 2004-04122 CHRISTOPHER S. PAGOTTO Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant CHRISTOPHER S. PAGOTTO is over 18 years of age and resides at, 721 COLONIAL COURT, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ (j]r.L,~~ DANIEL G. SCHMIEG, ES UIRE Attorney for Plaintiff LEGAL DESCRlPTlON ALL THAT CERTAIN pkce or parcel of land siroate in UppCT Allen Township, Cumberland CQunly, Pennsylvania, bounded and described in accordance with the final Subdivision Plan for Cedar Ridge Townhouses as prepare<J by Jolm C, Brilhart Surveying and Mapping Services. lase revised on January 15. 1978, reGOlded ;11 the Cumberland COIInt}' Recorder of Deeds Office in Plan Book 32 Page 73, as follows: BEGINNING at !he interseceion of me Southerly right-of-way line of Cedar Ridge Lane, a private street (50 fe<< Wide} and the dividing line between Lot Nos. 1'.1 and "'-2; meTlee South 37 degrees 23 minutes 30 seoooos East alQng said dividing line. a distanee Qf 85 feel to a point at Common Open space; lheIlce South 52 degrees 36 minutes 30 seconds West along Commoo Open Spaces, a dislam:e of 24 feet to a point 00 the dividing line between lots Nos. F-2 and F-3: thCJlCC North 31 degrees 23 mioutes 30 seconds West along said dividing line, a distance of 85 feet to a point on me Solltherly right-of-way line of Cedar Ridge Lane; thence along said Southerly riglrt,o{)t~way line of Cedar Ridge Lane, North 52 degr<<s 36 degrees 30 seconds &I., a distance of 24 feet to the point and place of beginning. CONTAINING two thousand forty square feet (2,040 sq. ft.). BEING Lot No. P-2 on said Filial SUbdivision Plan. HAVING th<:rcoll erected a IWQ-S\l)ry IQWllhouse dwelli1l8 unit kllown aud numbered as 628 Cedar Ridge Lane. TITLE TO SAID PREMISES IS VESTED IN Christopher S, PagQt(.(l, single mall by De<<! from Lyllda C. Burgess. sillgle WIlman, dated 1012412001 and recorded 1111/2001 in Record llook 249 Page 186. PROPERTY ADDRESS: 628 CEDAR RIDGE LANE, MECHANlCSBURG, P A 17055 TAX PARCEL: #42-24-0792-036 " (Rule of Civil Procedure No. 236) - Revised ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 2004-04122 CHRISTOPHER S. P AGOTTO Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on [Yl~i 200~ ~alhP ___r .C-yyy~ DEPUTY _.L_'C If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG. ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 lORNI'. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ""THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."" c ~ P ..l4 'i ...() ~ C> -- F .1::: Q ....' - (",,' () ~ " .~') '::n ~ - (.'.f\ \) j t..-., V) - ~ \ \lr () ~ ~ c..> ~ J:- - -,- .--,' .. r .- r",,) lIlIlL . PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. Plaintiff, v. No. 2004-04122 CHRISTOPHER S. PAGOTTO Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $97,624.97 Interest from 3/2/05 to JUNE 8, 2005 (per diem -$16.05) $ I ,572.90 and Costs TOTAL $99,197.87 l'kww P (, irJw",,~ DANIEL G. SCHMIEG, QUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. <( ,...... o~ ~... f;l;l.J. .J.~ ~~ ~~ ..,.'t ~ . O~ U~ ? ~O U ~~ ?~ 8-; ~~ ,...~ ~e -("--J, c0 \ :,;;.!- ":c '{}. \~) f3 u u~ .... . ~~ ~~ t~ ~~ f;l;l~ ~s ~~ ~,... ~6 ~ Jo. ... o ,... b ~ ~ en ~ ~ ~ o ,... rJJ ~ U ~- - ai- _ ~ -d ~ ::: - !:l- 'V \ I \ I I ~ J () ~ a 0 ~ 0'-'<> , VJ""biO-~ -:::r "b-r ~ ~ e ~~ f;l;l= 'S ,..~ o .. ~~ ~~ ~~ & 0 't6 .... u 1 \ -() , ~ " --- i\J1 ~ C\ :;j C\ 0 -~ ~ on on <:> r-- ... <( ~ ~ ~ ~ ~ e ~ ~ s u ~ .... ~ s u ~ - .~ po. - "i e. ~ 0> $' ~ ~ oJ> 'i3 It p. ,... 0> <" 'i3 r-- ~ ~ 0> .f3 -0 .<( 1 ~ , < ;' L ....Q (i 0) <) ::r- t1: cJ - r:::1 ~ ~ - LEGAL DESCRIPTION . ALL THAT CERTAIN piece or parcel of land siruare in Upper Allen Townshi[l, Cumberland Counly. Pennsylvania, bounded and described in accordance with the l'illaI Subdivisiou Plan for Cedar Ridge Townhouses a~ prepared by Iohn C. Brilhart Surveying and Mapping Services, I~t revised ou January 15. 1978, r~cordcd ill the Cumtxrlaod Conaty Recorder (If Deeds Office in Plan Book 32 rage 73, as follows: BEt:ilNNING at the intersection of Ibe Southerly right-of-way Iinc of Cedar Ridge Lane, a private street (50 feel wide} and Ite dividing line belween Lot Nos. F-I and 1'-2; t1ltlllCe South 37 degrees 23 minutes 30 ~conds East along said dividing line. a distance of 85 [cellO a poiot at Commou Open Space; thence Soutl\ 52 degree:; 36 minutes 30 seconds West along Common Operl Spaces, a distance of 24 feet to a point on the diViding line between Lol~ Nos. f-2 and f-3; thellCe North 31 degrees 23 minures 30 seconds West along said dividing line. a distance of 85 feet \0 a poinl on liIe Southerly right-of-way line of Cedar Ridge Lane; \hence along said Southerly right-of-way line of Cedar Ridge Unc. N<lnh 52 degre.:s 36 degrees 30 seconds East. a distance of 24 feet w the point and place of beginnin@,. CONTAINING Iwo thousand forty square feet (2.040 sq. ft.). BEING Lot No. 1<-2 on said Final Subdivision Plan. HAVING thereon erected a IWQ-SWty townhouse dwcllillg ""ie known and numbered as 628 Cedar Ridge lAme. TITLE TO SAID PRIWISES IS VESTED IN DlrisWpbcr S. PagOllQ. single mall by Deed from Lyoda C. Burgess, single woman. dated 10/24/2001 and recorded 11/1/2001 in Record Hook 249 Page 186. PROPERTY ADDRESS: 628 CEDAR RIDGE LANE. MECHANICSBURG, P A 17055 TAX PARCEL: #42-24-0792-036 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-4122 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 CHRISTOPHER S. PAGOTTO (I) You are directed to levy upon the property ofthe defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone oiher than a named garnishee, you are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $97,624.97 L.L. $.50 Inierest FROM 3/2/05 TO 6/8105 (PER DIEM - $16.05) - $1,572.90 AND COSTS Alty's Comm % Due Prothy $1.00 Atty Paid $124.80 Plaintiff Paid Date: MARCH 3, 2005 Other Costs CURTIS R. LONG (Seal) Protho.z ....]ly: 0",0 ~ p . 7f/J /J/ fe-I Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEY ARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court !D No. 62205 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION CHRISTOPHER S. PAGOTTO NO. 2004-04122 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 628 CEDAR RIDGE LANE, MECHANICSBURG, P A 17055 . I. Name and address ofOwner(s) or reputed OwnerCs): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHRISTOPHER S. PAGOTTO 721 COLONIAL COURT MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INC. 6520 CARLISLE PIKE MECHANICSBURG, PA 17050 . 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. P.O. BOX 2026 FLINT, MI 48501-2026 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 628 CEDAR RIDGE LANE MECHANICSBURG, PA 17055 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 2. 2005 DATE l\.......l;J (, 3.rL...,;~ DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff ---- .--' ~(,:~~ ~;~j \ '-'~ q~ -I -'i.~ ~'i,\ fl\i:':-, 4':) V.., .-,0"1""- '\(1:) ,", ~1: _:\,)~}; ,,~" '::.,.., ,~:::\) . ~.}- -:::: ~ r...:> ~ PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION CHRISTOPHER S. PAGOTTO NO. 2004-04122 Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. e.S. Section 4904 relating to unsworn falsification to authorities. f1u..;;; G ' DANIEL G. SCHM~~QUIRE Attorney for Plaintiff "" C'~..) () '"or, :? ':::;-;;.> <::-1"1 ! C.J f",-! Request for Military Status Page I of I Department of Defense Manpower Data Center MAR-02-200508:09:18 Military Status Report Pursuant to the Servicemen's Civil Relief Act of2003 <Last Name First Middle Begin Date I Active Duty Status I Service/Agency PAGOTTO CHRlSTOPHER S. 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. ~w~~~ 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 ofthe 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 fax your response to 703-696-4156 or call 703-696-6762 and further research will be done. 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:/ Iwww.dmdc.osd.milludpdri/owaJsscra.prc _Select 3/2/2005 ~ ~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, No. 2004-04122 v. CHRISTOPHER S. PAGOTTO Defendant(s). March 2, 2005 TO: CHRISTOPHER S. PAGOTTO 721 COLONIAL COURT MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THA T 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 ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at, 628 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on JUNE 8, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of$97,624.97 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: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, ifthe 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 will have of stopping the sale. (See notice on page two on how to obtain an attomey.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. Ifthe 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 ifthe bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only ifthe buyer pays the Sheriff the full amount due in the sale. To find out ifthis 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 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 . . LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land s,ituale in Upper Allen Township, Cumberland County, l>ennsyIvanla, bounded and described In accordance with the fi naI Subdivision Plan for Cedar Ridge TowDhooses as prepared by John C. Brilharl Surveying and Mapping Services, last revised on January 15, 1978, recorded in the CumberlaDd County Recorder of Deeds Office in Plan Book 32 Page 73, as follows: BEGINNING at tilt: internecrion oftbe Southerly riW1t-of-way line of Cedar Ridge Lane, a private streel (50 feet wide} and the dividing line between Lot Nos. P.I and 1<'-2; tbellCe Soutll37 degrees 23 minute!! 30 seconds East along said dividing line. a distance of 8S feet I!) a point at Common Open Space; thence South 52 degrees 36 minutes 30 secomis West along COllllllOll Open Spa~, a disllmce of 24 Fect to a point on the dividing line between Lots Nos. F-2 and F-3; lhellCC North 37 degrees 23 minutes 30 sllConds West along said dividing line. a distance of 85 feel 10 a point on the Southerly right-of-way line of Codar Ridge Lane; thence along said Soutberly rigbt-<if-way line of Cedar Ridge LIme. North 52 degre<:l; 36 degrees 30 seconi.ls East, a distance of 24 feet 10 the point ani.l place of beginning. CONTAlNING two thousand hmy square feet (2.040 sq. ft,). BEING Lot No. 1'-2 on said Final Subdivision Plan, HAVING tbenxln erected a two-S\I)ty townhouse dwelling unit known ani.l numbered as 628 Cedar Ridge: Lome. TITLE TO SAID PREMISES IS vt:STED IN Christopher S. PagOlIO, single man by ~ from Lyllda C. Burgess, ,illgle woman. dated 10/2412001 and recorded 11/1/2001 in Record tiook 249 Page 186, PROPERTY ADDRESS: 628 CEDAR RIDGE LANE, MECHANICSBURG, P A 17055 TAX PARCEL: #42-24-0792-036 ,,-, C:'J ':::;:1 .;;;./' o ~y, -< :c..,., n'F-~ 'nfT] .:;jl::J <;.'J{.L, <~1 ~q .~~ij-n j, --<: ::~-;: ::;:~) I Lv ~:~ ....:',,, f"J , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ) ) CIVIL ACTION vs. CHRISTOPHER S. PAGOTTO ) CIVIL DIVISION ) NO. 2004-04122 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL SCHMIEG, ESQUIRE attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. hereby verify that on March 9, 2005 true and correct copies of the 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: Mav 5,2005 DANIEL G. SCHMIEG, ES Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DMSION CHRISTOPHER S. P AGOTTO NO. 2004-04122 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.. Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 628 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHRISTOPHER S. P AGOTTO 721 COLONIAL COURT MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in thejudgment: 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) CITlFINANCIAL,INC. 6520 CARLISLE PIKE MECHANICSBURG, P A 17050 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. P.O. BOX 2026 FLINT, MI 48501-2026 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. iName Last Known Address (if address cannot be reasonably ascertained, please indicate) None i 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 628 CEDAR RIDGE LANE MECHANICS BURG, PA 17055 I IDomestic Relations of Cumberland County , 13 Nortb Hauover Street Carlisle, P A 17013 ICommonwealth of Pennsylvania !Department of Welfare PO Box 2675 Harrisburg, P A ] 71 05 I verify that the statements made in this affidavit are true and correct to the best of my personal Iknowledge 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. ~arch 2. 2005 DATE ! f'>..tu.~1 Co It-L,;iourn. DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff ~ ",,,, \ \ \ \ I" \;' 0';;'2 i' 0 QO -> ~ eft ....0." .E. - - - - - - >.D ... U' N - ~ Wa-S . z eft ... U' N - 0 " ,," H 1:1 '" " 0."'1:1 ~^ ~ ~ 0. ~~ if' ii \ .. :z: e ~ .. ~ ~ <:) 'Z ",,-\?"" ",'" ~ 8 ~ () ~~n~ ~.€ ~ ~ 0 ~ ~z t;\ ~ 0 .,->.,;r ~%. '!.\ 7. >-l ~ ;: ~~g~ " ~ ~ '!.\ ... .,,0 ~ ~ e; g; '0 ~ 'PcnQ~ - ~ 0 0:1. :I: "~ ~& 'ill () tr1 ~ ""~'" l'\ ~ ~ '" ';;g~r . ", ~ ~ ~ ,.cn~~ 7. ~ ;j " '" . 6~~~ :>> .r ~ Q, \1 ;;. % .. "f'Cd0'" ~ 7. R; '" <f' ~ ;;;g%-I'l' V< '6 0 QO ~ 0 0 ..-..........~ff;; 0 Q "" ~ ... ~ () ",,,, () ~ ~ . "de;"'~ :8g ~ <:) ~ ~ o/t?~. ~~ ~ e; '!.\ * ... '" 0 tT\ 2-~ <f' ~ '< ~ :-- 6.::i 0 ." ~ ; ~ ,..J - . ~ ..." r 'Z ~ g ~ no - t- - .g g ~ \1 t""' d ~ ~ 0 ~ ~ ~ ~ ~ () & '(\ '!.\ S ~ ~'. ~ .. ~ 2 '(\ \ tp 0 2 ~ - U' 7,l"'g.~~ '6l .r Q, 'Z 88~'" ~ ... 0 in rit g '€. '" fh ~ ~ ~~5~-; (:) ~ l'\ v>aP>~~ i~.~g.\. '" l:P '" ~ :>> ~ .9 .~ ~~9.,;g - .... __.~~ 0 -J '" ?{'€..g ';: 0 S :>> 0 ~hn eft '" ~ 0 - 9' -J 0 {t'~ g."'- ~ 0 l:P g'~ l ~ a V< a~ g (;i'P V< ~ '!.\ ~%\i\ N ~ g lj;' ~ g 2j <~ '; cl ~ t:,!" ';:I ~ yo ~:g~g 5" ... - 0 QO \ O'j!~~ t V< ~ 0 -;, ~.trI g. - t1S.%~ i \5 6" a a g' '6l ~ a _.~ N D-~~~ trl '" ~ '" U;;" ,:>> ":~.~ g ~ ~~ ~.... '" ''t ,....~ rt N :>> IS g.r;.::i~' - S-<j'~fi -> U' .gggg. - 0 g':6~ ~. eft '~X'" !!!,..... - ?:~ g-'~ ~<))." ~ :::- ~~. g~t~ ~.,. - _' -3d Q;) .. .",~.,.-' . . j! - o ~iiI!!!!EI:. - n.H ~ ~ ;a.,JJIIiiiii'!!,- - >1" " ~ ~Pll"f:'f~-S j!~~~ 02 1~ $ 01.500 'g1lg% 0004300311 MAR 09 2005 ~; 8~ t.\P,\u:.o fROM ZIP coOl'. 1 91 03 ;;g1t ~ ~;;;.~ z ~ ;;:,,<,> ~ ~ g- ------ r-<) ,-:::-1 C) ,;._, -il ",.," :::~ :1 !',. C,) - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which fEDERAL nATIONAL mTG aSSOC is the grantee the same having been sold to said grantee on the 8TH day of June A.D., 2005, under and by virtue of a writ Execution issued on the 3rd day of March, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 4122, at the suit of Mortgage Electronic Reg Systems Inc against Christopher S Pagotto is duly recorded in Sheriffs Deed Book No. 270, Page 4032. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this -<.. ~/~~ ,A.D. 2uo~ day of ~};~ Recorder of Deeds Mortgage Electronic Registration Systems, Inc. VS Christopher S. Pagotto In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-4122 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on April 04, 2005 at 8:51 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 defendant, to wit: Christopher S. Pagotto, by making known unto Christopher Pagotto, personally, at 721 Colonieal Court, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2005 at 10:16 o'clock A.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 Christopher Pagotto located at 628 Cedar Ridge Lane, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Christopher Pagotto, by regular mail to his last known address of 721 Colonial Court, Mechanicsburg, P A 17055. This letter was mailed under the date of April 18, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on July 06, 2005 at 10:00 o'clock A.M. He sold the same for the sum of$1.00 to Attorney Daniel Schmieg for Federal National Mortgage Association. It being the highest bid and best price received for the same, Federal National Mortgage Association of 1900 Market Street, Suite 800, Philadelphia, P A 19103, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $905.04. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage $30.00 17.75 15.00 15.00 30.00 10.00 .50 1.00 16.28 Certified Mail Levy Surcharge Postage Law Journal Patriot News Share of Bills Postpone Sale Distribution of Proceeds Sheriffs Deed $ 4.70 15.00 20.00 .37 321.20 307.29 16.47 20.00 25.00 41.50 907.04 Sworn and subscribed to before me 2005, A.D. So Answers: ;;;P'3~~",-~c. ~ R. Thomas Kline, Sheriff BYVff~ (lmd.0 Real Estate Sergeant (;:;y- 0- 3 0 JIl :)D I. Ut."l>'l~-i) lL /Ut. u- MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ~ CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION CHRISTOPHER S. PAGOTTO NO. 2004-04122 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 628 CEDAR RIDGE LANE. MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHRISTOPHER S. PAGOTTO 721 COLONIAL COURT MECHANICSBURG, PA 17055 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) CITIFINANCIAL,INC. 6520 CARLISLE PIKE MECHANICS BURG, PA 17050 4. Name and address of last recorded hoI..Ier of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. P.O. BOX 2026 FLINT, MI 48501-2026 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/Occnpant 628 CEDAR RIDGE LANE MECHANICS BURG, PA 17055 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. March 2, 2005 DATE ~J G ~r~ DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff , MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 2004-04122 v. CHRISTOPHER S. P AGOTTO Defendant(s). March 2, 2005 TO: CHRISTOPHER S. PAGOTTO 721 COLONIAL COURT MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THA T 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 ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at, 628 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff's Sale on JUNE 8, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $97,624.97 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 Sheriff's Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. , You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale ifthe bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the properly 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. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION .' ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland Counly, J>cnnsyIvallia, bounded and described In accordance with the Final Subdivision Plan for Cedar Ridge ToWDh\luses as prepared by John C. Brllbart SurveylDg and Mapping Services, last revised on January 15, 1978, morded in tbe Cumberland County Rwlrder of Deeds Office in Plan Book 32 Page 73, as fullows: . BEGINNING atEbe intersecrion of the Solltherly right-of-way line of Cedar Ridge Lane, a private street (SO feet wide} and the dividing line between Lot Nos. f'-l and }l.2; !lienee Soudt 37 degrees 23 minutes 30 seconds Ea.'It along said dividing line. adisrance of 85 feet to a pointat.Commoo Open Space; lheIIee South 52 degrees 36 minnt~ 30 seconds West along Common Open Spaces, a distaDc!: of 24 feet to a point on the diViding line between Ulls Nos. F-2 and F-3: theDce Nonb 31 degrees 23 n\im.l1eS 30 seconds West along said dividing line, a di5lllDCe of 85 feet to a point on lhe: Soutbcrly right-of-way llne of Cedar Ridge Uwe; thence along said Southerly r~'way line of Cedar Ridge Lane. North 52 degrw; 36 degrees JO seconds East, a distance of 24 feet 10 the point and place of beginning. CONTAJNING tv..o thousand forty square feet (2.040 sq. ft.). BEING Lol No. r~2 on said Final Subdivision Plan. HAVING thereon Cl'CCted a two-swry toWllhouse dwelling unil known and numbered as 628 Cedar Ridge Lane. TITI.E TO SAID PREMISES {S YES'fED I~ Christopher S. PagOIlO. sinJ!le lIIan by Deed from Lyuda C. Burgcss, singlc woman, dated 10/2412001 and recorded 11/1/2001 in 'Rcoord Book 249 Page 186. PROPERTY ADDRESS: 628 CEDAR RIDGE LANE, MECHANICSBURG, PA 17055 TAX PARCEL: #42-24-0792-036 WRIT OF EXECUTION andlor A TT ACHMENT COMMONWEALTH OF PENNSYL V ANIAY COUNTY OF CUMBERLAND) NO 04-4122 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 CHRISTOPHER S. PAGOTTO (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) 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 helshe has been added as a garnishee and is enjoined as above stated. Amount Due $97,624.97 L.L. $.50 Interest FROM 3/2/05 TO 618/05 (PER DIEM - $16.05) - $1,572.90 AND COSTS Atty's Connn % Due Prothy $1.00 Atty Paid $124.80 Other Costs Plaintiff Paid Date: MARCH 3, 2005 CURTIS R. LONG (Seal) ProthO:i ~y: ~ ~ 7fJL/l.d Lor Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, 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. 62205 .... Real Estate Sale #38 On March 09, 2005 the Sherifflevied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 628 Cedar Ridge Lane, Mechanicsburg, more fully described on Exhibit "A" filed with this WTit and by this reference incorporated herein. Date: March 09,2005 By:Jo,1 uJrvU1J.\ Real Est;;;~Deputy ..-.> = = ~ "'" :- ::0 I <Xl .-") -0 :..-;..., :~,~ :::! ":('"') .. r1i C) '_r,-; _:--i "'x "0 .','i ~~ 0') -~~~ ~-j ;.0 ~ ~.::;; -0"" ~ w W <Xl (..;.) c::;:;:i) c::;:;:i) = (;:e) GW