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Home My WebLink About04-4548 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 PLAlNTffF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. 0'/, '-/:>'-1 f ~ I......... v. CUMBERLAND COUNTY PATRICIA T. MCALLISTER 1431 ENOLAROAD CARLISLE, P A 17013 Defendant 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 clairns 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. ff YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WIT1I INFORMATION ABOUT HIRING A LAWYER. ff YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELlGffiLE 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 #; 98766 File #: 98766 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS 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 2. The name(s) and last known addressees) of the Defendant(s) are: PATRICIA T. MCALLISTER 1431 ENOLA ROAD CARLISLE, P A 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 05/30/2000 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NATIONAL CITY MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. Book: 1615, Page: 927. By Assignment of Mortgage recorded 1114/03 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 693, Page 1913. 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 05/0112004 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 #: 98766 6. The following amounts are due on the mortgage: Principal Balance Interest 04/01/2004 through 09/08/2004 (Per Diem $16.43) Attorney's Fees Cumulative Late Charges 05/30/2000 to 09/08/2004 Cost of Suit and Title Search Subtotal $69,595.49 2,645.23 1,250.00 126.76 $ 550.00 $ 74,167.48 Escrow Credit Deficit Subtotal TOTAL 0.00 104.39 $ 104.39 $ 74,271.87 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in W!! Judgment against the Defendant(s) in the sum of $ 74,271.87, together with interest from 09/08/2004 at the rate of$16.43 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. FEDERMA~:m PHEL~ LLY-//J..( By: Is/F~lman~' FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 98766 AU.11fAT CERTAIN Ir'ac:t Clt' p~1 oflAtu:l and ptanla.... slNAte, Iylng end. ~ns hi the 'I'ownehip of '" Nonh Middleton hi the County o( C\J<IJbdrlandlUlCl ComlUOl1wea1th or Penns.Ylvanla, mQl'e parti~ deactibcd aD folia",.: 8&GIJ'(NIlfG at a poInt in thl> centel' or Palnf,yivanla Hlgb"'AY Route 944, the Enols Road. on ttle dividing line ~ Lot Nos. ... and S on the herclcaft.... _tioacd Plan of lots; thence by said dividing Iinc. South 1... desreea 30 IIlinutea Saat, 39J2.S9 !ec:t to a point; tbc:rn;c: South 79 deSrce& II minute, West, 169.35......t to a point; tIu:acc: by the dMdinr; llnc bec-rcen Lot Nos. 5 and 6 011 &BId Plan of Lola. North 14 dCfl'Cc'l30 lQ!n\ltcll Weat. 38~ f_ to. point In the <:entcrofPennsYNanla HJ&b.""IY Jblte 944. ato.-eaaid; thc:ncc by the c:cutcr o( aaid road, Not'th 75 d..grcea 30 Jllil1utea East, 169 feet CO the plac:c ofSJl:GINNlNO. , CONTAINING 1.499 a~, mlln: or la8. BEING Lot No. 5 on the Plan o( lAta ofMmy G. Ronan. u recordccI. in 1:IIe 0fIice of the ~.... of Deeds (01' Cumbcrlatld County in Plan Book 28, Page 20. BEllm known and lU1tII.bercd. as 1431 Ezlola Roed, Carlisle. Pc:nnayIvanla. ~ , BSfNG THE SAME: PRE1\I1SES wbtcb ~ C. Bllilcy. Jr. and Shirley y, Dailey, hi. wife, by Deed dalcd /lcpcelIIber:28, 1989 and reCOrded October 8. 19891u the Oftic;e aftbc: Recorclerof~sll'l and for Cwuborland County, ~vanIa, Iu Deed J:laolc F. Vo1\Imc: 34, ~ 31, ~ted. ~d , eanvc:yl!d unto .1_ A. Eldridgc IInd P1\yUis I. Eldridge, his wlfc. Gl1Ultora ~In. -......- .,:,,~- VERIFICA nON Richard T. Martin hereby states that she is SENIOR VICE PRESIDENT of AURORA LOAN SERVICES mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Ck~ DATE: ~# Richard T. Martin Sr. Vice President r ~~ <... 0:{ -..! '" --.Jl> ,~ ~ (J-, ....... ~ .~ F '" ~ 'd ~,' '" f~~; ~ -",';:{~ C' < C'-,i. - " ...... 22 '" "'" '-" ~ C/) r~ -0 I I.D ~ 5! n,::n r-' 1Jg'" o ?-r, '::i;rJ -;"'''''J .~,.., t11 'J d 'c.:. ~~ -<: .:t.'... - - ...,.. - SHERIFF'S RETURN - REGULAR CASE NO: 2004-04548 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGIST SYS VS MCALLISTER PATRICIA T RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MCALLISTER PATRICIA T the DEFENDANT , at 1142:00 HOURS, on the 24th day of September, 2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to PATRICIA T MCALLISTER 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 So Answers: 18.00 .00 .00 10.00 .00 28.00 .r~~ R. Thomas Kline 09/24/2004 FRANK FEDERMAN Sworn and Subscribed to before By: ~w Deputy Sheriff me this 1 e.. day of m~, ~y A.D. n_ 1..1 Q /VlJ;~'&i1T., '- i'Iliothonotary T'7 FEDERMAN PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SUITE 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. 2004-04548 PATRICIA T. MCALLISTER 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 ofthe Plaintiff and against PATRICIA T. MCALLISTER, 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 3/9/04 to 11/10/04 TOTAL $74,777.85 $4,080.44 $78,858.29 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~MA~l6 .-&~ DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT~. I. ~ l /J DATE:,A~O 1?,2.fjO,/ ~ K~~. ,oy'" PRO PRO THY ~ 0 FEDERMAN AND PHELAN, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (7.1 5) )61-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. A TIORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS Plaintiff : CIVIL DMSION Vs. : CUMBERLAND COUNTY PATRICIA T. MCALLISTER Defendants : NO. 04-4548 CIVIL TERM TO: PATRICIA T. MCALLISTER 1431 ENOLA ROAD CARLISLE, PA 17013 FilE COpy DATE OF NOTICE: OCTORF.R 15,2004 THIS FIRM IS A DEBT COLLECTOR A1TEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A 1TEMPT 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 A TIORNEY 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 INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2004-04548 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGIST SYS VS MCALLISTER PATRICIA T RONALD HOOVER I Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MCALLISTER PATRICIA T the DEFENDANT , at 1142:00 HOURS, on the 24th day of September, 2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 PATRICIA T MCALLISTER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 .00 .00 10.00 .OQ 28.00 .~~~ R. Thomas Kline 09/24/200'4 FRANK FEDERMAN worn and Subscribed to before By: ~)U Deputy Sheriff ~ thi s day of A.D. Prothonotary _ ~...,.c.J:lJ.vIAN PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPIDA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY 8201 GREENSBORO DRIVE, SUITE 350 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 2004-04548 PATRICIA T. MCALLISTER 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 Servi~e 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 PATRICIA T. MCALLISTER is over 18 years of age and resides at ,1431 ENOLA ROAD, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ ' DANIEL G. SC~M~QUIRE Attorney for Plaintiff LEGAL DESCRIPTION ALL llIAT CERTAIN tra<.'t or parcel of land and premises, situate, lying and. being in the Township of Nurth MiddletOn in the County of Cumberland. and Commonwealth of Pennsylvania, more partk.oularly described, a! (ollows: BE(iJNNING at a point in the center af Pennsyl\'ania Highway Route 944~ the Eno\a ~d, on the dividing line belM:etl Lot Nos. 4 and .s on tbe hCIeinafter mentioned Plan of Lots; thence by said dividiDg liae, South 14 degrees 30 minutes Eat. 392.89 feet to a point; thence SOuth 79 dcgiecs 11 minutes Wc.~, 169.35 feet to a poil1lt thence by the dividing line betwccn Lots NO$. 5 and 6 on said Plan of Loti, North 14 de&rees 30 minutEs West 381 feet to a poiDt in the cearer of PeDJlSylvania Highway Route 944, afon:said; thence by the celfet of said road. North 15 dcgreet 30 minutes East, 169 feel CO U\e place of bcgiDDiDg. CONTAINING 1.499 acres, more or less. BEING Lot No. j on the Plan of Lots of Mary O. Ronan, as recorded in tbe Office of the Recorder of Deedi for Cumberlatld County in Plan Book 28, Page 20. TITLE TO SAID P:R~ISES 1$ VF.Sn;D IN Patricia T. McAlll!ttCr. .. single woman by Deed from James A. Eldridge. and P1l.ytUs J. Eldridge dated 513Of2000 and recorded 6/112000 in Record Book 212, Page 500. . , PROPERTY ADDRESS: 1431 ENOLAROAD, CARLISLE,PA 17013 TAX PARCEL: #05~0427 . ;' t~~W cr - ~-'"} r1 ~ ~ ~ ~ ~ Vi r-- kE ~1- r .-- n ~:~ ....: -~" f :' I ! C ~'.: . :} r---...) c-~ c~.) _I:"" c' 4'1 :::::l ;i-if] '-n ("'" (1: .J ~+~ pc; , "' l'f ~ _n ~,JI . ... r.::~} ...:;: -.l --. =X:' (....1 .. a Ul :;J -< ... ~.... PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. No. 2004-04548 . PATRICIA T. MCALLISTER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $78,858.29 Interest from 11110/04 to MARCH 2, 2005 (per diem -$12.96) $1,451.52 and Costs TOTAL $80,309.81 ~G.j~ DANIEL G. SCHMIEG, ES<1UIRE 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. . i_,J.~ _ '- ' :..: ~":",:::. ( .: -- L' - Ij--: () ", ...')(1:: lj)li....J- .,....- ~:":... LLJ c::> t.;~"i Z F: ...... ~ ...-...., ff') '1"""1 = . r--- '1"""1 ~ ... ~ CI.) ~ Z ~ ~~ 0 .-g ~ O~ ~ u B ... ~ ~> u ~ '11 ~ u~ ~ ~~ (/) ~~ ~ ~ CI) .0 Zoo ~ ~ ~ ~z ~~ ~ ~ Q ~p:: -< Zz ~ Oi .1-< ~ o~ ~~ ~~ \.!)tS '0 ~ ~~ u~ ~ ]~ Z CI) ~~ rIi ~ go o~ ~ . ~~ '1"""1 P. UZ ~z ~ ~~ ~ ff') CI) "'1:1' ~ ~;;;J ~o -< 01:: '1"""1 00 ~~ ~ ~ Q ~~ U U ~ t:6 rn ~~ (/) ;;;J~ ~~ ~ ~ ~ u 13 8~ o~ ~ ~ ~~ - ..... ~~ ~ ~ ~~ Z;;;J ~u '.n o 1 '-1 \.) + .~ J ~ ~~ \Q. V> -l ~; a ~ ()L ~ (?) ~ '- - - ',- , - ~ , J - - ~'" - '"' - ... ~~' .. AJ -c ~ I I I ~ <J()O~() () () -...~ ()~0 ~&-J. a -0,.. l1~~o-~ () ....... ,,~V) .......... 1:?--. ~ r- . i _T c~") C:';;I ,-...I (,.1 LEGAL DESCRIPTION ,'LL THAT CERTAIN tnJ(,.1 or parcel of land and premises. situale. lying and being in the Township of North Middleton in the County of Cumberland and Commonwealth of Penns)'lvania, more partk.-uw-ly desl.'tibed, aJ follows: Bb"(ilNNING at a point in the center of Pennsylvania Highway Route 944~ the Enola Road, on the dividing line bd.ween Lot Nos. 4 and 5 on the heIeina1ler mentioned Plan of Lots; thence by said dividing line, South 14 degrees 30 minutes East, 392.89 feet to a point; thence South 79 dcgiccs 11 minutes WC.~, 169.35 feet to a point; thence by the dividing line bet\\'CCQ Lots Nos. .5 and 6 QD. said Plau of Low, North 14 deJrees 30 mim1tf:s West 381 feet to a poUlt in tile center of Pennsylvania Highway Route 944, aforesaid; thencc by the ceDlU of said ro~d. North 15 deg~ 30 minutes East, 169 feet CO the place of begiDDiDg. CONTAINING 1.499 acres, more or less. BBING Lot No.5 on the Plan of Lots of Mary G. Ronan. 8$ recorded in the Office of the Rccoroer of Deeds for Cumberland COWlty in Plan Boot. 28, Page 20. nTLE TO SAID P}lJ;}dISES lS VES'l'11D IN Patricia T. McA1Umef. a Single woman by Deed from James A. Eldridge. and Pbytus J. Eldridge dated 5130/2000 and recorded 61112000 in Record Book 222, Page 500. PROPERTY ADDRESS: 1431 ENOLAROAD, CARLISLE, PA 17013 TAX PARCEL: #05-0427 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-4548 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 PATRICIA T. MCALLISTER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant ( s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $78,858.29 L.L. $.50 Interest FROM 11/10/04 TO 3/2/05 (PER DIEM - $12.96) - $1,451.52 AND COSTS Arty's Comm % Due Prothy $1.00 Arty Paid $110.00 Other Costs Plaintiff Paid Date: NOVEMBER 17, 2004 CURTIS R. LONG (Seal) Prothon~ry ,,-By: ~ ~t? ~CIl./k9.(. /' Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PIDLADELPIDA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 FEDERMAN PHELAN, LLP 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 PATRICIA T. MCALLISTER NO. 2004~04548 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: (X) an FHA mortgage () non-owner occupied () vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. .~) {,..~~ DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ',II ,-' '" ~i~~ .:~ --.J '/.1 o w' Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center NOV-IO-200408:23:50 . Military Status Report Pursuant to the Servicemen's Civil Relief Act of 2003 <Last Name First Middle Begin Date I Active Duty Status I Service/Agency MCALLISTER PATRICIA Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks ofthe 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. ~~"-~ Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 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 fax your response to 703-696-4156 or call 703-696-6762 and further research wilrbe 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://www.dmdc.osd.miVudpdri/owalsscra.prc_Select 11110/2004 ~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION PATRICIA T. MCALLISTER NO. 2004-04548 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., Plailitiffin 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. 1431 ENOLA ROAD. CARLISLE, P A 17013 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PATRICIA T. MCALLISTER 1431 ENOLA ROAD CARLISLE, P A 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is.a record lien on the real property to be sold: Name 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 1431 ENOLA ROAD CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 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. November 10, 2004 DATE ~ G'h~r~ DANIEL G. SCHMIEG, ES(2UIRE Attorney for Plaintiff [:.- . r) r'~ ,. , , :; . . .... ~ii -< --, :1:: ~';) a C.,il " . .. "-> C;1 c::> .....- o -.n --I iJ-j :1:: r - j r-l c: (1. - ;:_:",1 ~~::. -.J , .... ~', 'I ::~ i (;:; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No.2004-04548 . v. PATRICIA T. MCALLISTER Defendant( s). November 10, 2004 TO: PATRICIA T. MCALLISTER 1431 ENOLA ROAD CARLISLE, P A 17013 **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 BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY ** Your house (real estate) at 1431 ENOLA ROAD. CARLISLE. PA 17013. is scheduled to be sold at the Sheriffs Sale on MARCH 2. 2005 at 10:00 a.m. in the Cumberland ~ounty Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of$78~858.29 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: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. . 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7 . You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. . . CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION l\tL THAT CERTAIN tl"dc..'t or pa.rcel of land and premises, situate, lying and being 1n the Township Qf North Middleton in the County of Cumbedand and Commonwealth of Pennsylvania, more partK.'ularly described, lL~ rouows: BeGINNING at a point in the center of Pennsylvania Highway Route 944, the Eoola Rmtd, On the dividing lint: bt:t~n Lot Nos. 4 and 5 on the hereinafrer mentioned Plan of Lots; thence by said ('\ividing Hne, South 14 degrees 30 minUteS East, 392.89 feet to a point; thence South 79 degrees I I minutes Wc.~. 169.35 feet to a point; thence by me dividing line betvvccn Lots Nos. j and 6 on said Plan of Lots, North 14 degrees 30 minutes West 381 feet to a. pam in the center of Pennsylvania Highway Route 944. aforesaid; thence by the CeDlef' of said road. North 15 degree~ 30 minutes Easl, 169 feel 10 tne place of beginning. CONTAINING 1.499 acres, more or less. BEING Lot No. :J on the Plan of Lots of Mal')' G. Ronan. as recorded in the Office or the R.ecorder ()f Detds f-or Cumberland County in Plan Book 28, Page 20. TITLE ~ro SAID l'IlFMISES.lS VES'I:fD [N PiUricia T. Mc.oI\lUner. a single woman by Deed from James A. Eldridge. and Phyllis J. Eldridge dated 5/30/2000 and recorded 611/2000 in Record Book 222, Page 500. PROPERTY ADDRESS: 1431 ENOLAROAD, CARLISLE, PA 17013 TAX PARCEL: #05-0427 j~;' . ~. ~ v " . I," .....::.' /" C' (~,: :) "-> (;:--";". 5i2 2; ~...:.: C') -;/ :-::' rr"i~ --;fT! ;::l;~:~ :}t i.I'! -..l -T; -- " C) o (J / IN THE COURT OF COMMON PLEAS OF CUMBERLANn COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, ) CIVIL ACTION ) vs, PATRICIA T, MCALLISTER ) CIVIL DIVISION ) NO, 2004-04548 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 .11/22/04 & 1/20/05 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, ~~~m\QQ~ D IEL G, SCHMIEG, ESQUIRE .. A torney for Plaintiff DATE: January 24.2005 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, corRT OF COMMON PLEAS v. CIVIL DIVISION PATRICIA T. MCALLISTER NO. 2004-04548 Defendant(s). AMENDED 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 ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at. 1431 ENOLA ROAD. CARLISLE. PA 17013. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PATRICIA T. MCALLISTER 1431 ENOLA ROAD CARLISLE,PA 17013 2, Name and address of Defendant(s) in the judgment: Same as above 3, Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES RAUDABAUGH & CYNTHIA RAUDBAUGH 1381 ENOLA ROAD CARLISLE, P A 17013 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) 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 1431 ENOLAROAD CARLISLE, F'A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 171 05 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 stat,~ments herein are made subject to the penalties ofl8 Pa, C.S, See, 4904 relating to unsworn falsification to authorities, January 20.2005 DATE ~r\\gQQ ~. 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" :.Cl ~" '" ~ ... ~ 0 Z: 0 . ~ 0 ~ ;0 . n 0 ". 3. 0<> ~ t"" '" o ;ll ;;; - -mJ\1n~ $ 00.900 0004~Ollo11 JAN 20 mOo IIIAILEO fROM liP CODE 191 00 r-.' 0 !';"..;~.) C:.) '" C.J"l '-- ~...~:: (.. N -.l -':J -~ ',,". ", C;> - PHELAN HALLINAN & SCHMIEG, LLP by: Michele M, Bradford, Esquire Atty. LD, No, 69849 One Penn Center, Suite 1400 1617 John F, Kennedy Boulevard Philadelphia,PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. 8201 Greensboro Drive, Suite 350 McLean, VA 22102 ATTORNEY FOR PLArNTIFF Court of Common Pleas Civil Division Plaintiff Cumberland County vs. No, 04-4548 Patricia T, McAllister 1431 Enola Road Carlisle, P A 17013 Defendant MOTION FOR EOUlTABLE CONVERSION TO REAL PROPERTY AND NOW, COMES PLAINTIFF, Mortgage Electronic Registration Systems, lnc" by its attorneys, Phelan Hallinan & Schmieg, LLP, and presents this Motion for Equitable Conversion to Real Property, and in support thereof, avers the following: I, On or about May 30, 2000, Defendant Patricia T, McAllister made, executed and delivered a mortgage to National City Mortgage Company in the principal sum of $71,963,00 for the property at 1431 Enola Road, Carlisle, P A 17013, which mortgage was recorded on June 1,2000 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1615, Page 927, A true and correct copy of the mortgage is attached hereto, made part hereof, and marked as Exhibit "A", 2, National City Mortgage Company delivered an Assignment of Mortgage to Plaintiff, which assignment was recorded on January 14,2003 in the Office of the Recorder of Deeds of Cumberland County in Book 693, Page 1913, A true and correct copy of the Assignment of Mortgage is attached hereto, made part hereof, and marked as Exhibit "AI", 3, Defendant defaulted on the mortgage payments, and remains due and owing to Plaintiff for the November I, 2003 payment and each payment thereafter. 4, On or about September 9,2004, Plaintiff filed a complaint in mortgage foreclosure, A true and correct copy of the complaint is attached hereto, made part hereof, and marked as Exhibit "B", 5, Defendant Patricia T, McAllister was served with the complaint on September 24,2004, A true and correct copy of the Affidavit of Service is attached hereto, made part hereof, and marked as Exhibit "c", 6, Plaintiff filed a default judgment against Defendant on November] 7,2004, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "D", 7, Plaintiffs counselleamed that the property had been assessed in part for "land value", and in part for "building value", under a tax parcel LD. number of29-05-0427-003F, Based on the Cumberland County assessment ratio of 1,00, the fair market value of the property is $76,610,00, A true and correct copy of the tax assessment record is attached hereto, made part hereof, and marked as Exhibit "E", 8, On April 28, 2000, the property was appraised at $72,300,00 for the land and house together. The appraiser noted that the house is a mobile home, A true and correct copy of the appraisal is attached hereto, made part hereof, and marked as Exhibit "F", 9, It was clearly the intention of the parties that the $71,963,00 loan be secured by a mortgage on both the land and the house. 10, Plaintiff obtained photographs of the house which reflect front and back porches, landscaping, permanent utility hookups, and a walk out basement which show the home's permanent affixation to the land. Attached hereto, made part hereof, and marked as Exhibit "0" are true and correct copies of the photographs ofthe subject property, 1 L In addition, Plaintiff inquired of the Pennsylvania Department of Transportation ("Penndot") and was informed that there is no mobile home registered in the Defendant's name, This is further evidence that the home is not mobile and that the Defendant intends the home to be pennanently affixed to the land, A true and correct copy of Penn dot's letter is attached hereto, made part hereof, and marked as Exhibit "H", 12, There is no statutory basis in the Commonwealth of Penn sylvania for court declaration that a mobile home has been converted to realty and affixed as part of the land, 13, Pennsylvania is rife with common law that personal property or chattel be considered a fixture and as such, part of the real estate, when it is deemed to have been pennanently affixed to the land, 14, Because the property is clearly attached via foundation to the land, it was clearly the intent of the parties that this home be made pennanent at its site and that the mortgage cover such home as security interest for the loan, 15, Principles of equity dictate that the intent of the parties should govern. 16, Plaintiff is requesting the entry of a court order declaring the house as realty, so that the buyer ofthe property at Sheriffs Sale will acquire clear title to the house and land, If the requested relief is not granted, Plaintiff may not get the full benefit of the collateral for the loan, as the parties intended, WHEREFORE, Plaintiff Mortgage Electronic Registration Systems, Inc, respectfully requests that this Honorable Court enter an Order on this motion, that the property at 1431 Enola Road, Carlisle, PA 17013 with a tax parcel LD, number of29-05-0427-003F, be equitably converted to real estate by way of this motion, and not subject to separation from land, " Date: 3(~65 SCHMIEG, LLP PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty, I.D, No, 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia,PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc, 8201 Greensboro Drive, Suite 350 McLean, VA 22102 ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Plaintiff Cumberland County vs, No, 04-4548 Patricia T. McAllister 1431 EnolaRoad Carlisle, PA 17013 Defendant BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR EQUITABLE CONVERSION TO REAL PROPERTY I. PROCEDURAL HISTORY On May 30, 2000, Patricia T, McAllister made, executed and delivered a mortgage on the Property to National City Mortgage Company in the principal amount of$71 ,963,00, National City Mortgage Company delivered an Assignment of the Mortgage to Plaintiff. Defendant defaulted in payments on the mortgage, and remains due and owing to Plaintiff for the November 1, 2003 payment and each payment thereafter. On or about September 9,2004, Plaintiff filed a complaint in mortgage foreclosure, and Patricia T, McAllister was served with the complaint on September 24, 2004, Plaintiff filed a default judgment against Defendant on November 17, 2004, Plaintiffs counselleamed that the property had been assessed in part for "land value", and in part for "building value", under a tax parcel I.D, number of29-05-0427-003F, Further investigation of the property was obtained by way of an appraisal report, and photographs were taken of the property, to ascertain the status of the real estate improvement. Plaintiff also obtained a report from Penndot. Since the property was assessed separately for land value and building value, and since the house is a mobile home, potential third party purchasers of the property may not be able to obtain insurable title, The fact that the house is a mobile home potentially is a cloud on title, Plaintiff is requesting the entry of a Court Order declaring the house as realty, so that the buyer of the property at Sheriffs sale will acquire clear title to the house and land, and will be able to obtain an owner's policy of title insurance, Ifthe requested relief is not granted, Plaintiff may not get the full benefit of the collateral for the loan, as the parties intended, II. LEGAL ARGUMENT A. Conversion to Realty Clearly it was the intent ofthe mortgagor that the home be used as security for the loan made by National City Mortgage Company and not raw land alone, It was certainly National City Mortgage Company's intent that the mortgage cover the dwelling, In Pennsylvania, the intent of the parties is a key consideration in detennining whether or not a chattel becomes a fixture, In re Appeal of Sheetz. Inc, 657 A.2d lOll (1995), There are at least three considerations to be made in making this detennination: (I) the manner in which it is physically attached or installed, (2) the extent to which it is essential to the pennanent use of the building or other improvement and (3) the intention of the parties who attached or installed it. Id, At lOB, citing, McCloskey, 101 Pa, Commonwealth Court at 113-4, 515 A.2d at 644 citing, Clothier, the Law of Fixtures in Pennsylvania, 32 Pa, B,Q, 66, 66-67 (1960-61), Plaintiff submits that when these factors are considered, it is evident that the home is affixed to the land, The parties did not sit down at the closing table with the intent to mortgage raw land, If this home was ever mobile, it is not now, being finnly founded without any trace of mobility, Neither is the home convertible back to a mobile status, The Sheetz case goes on to cite the Superior Court case of Strey Ie v, Board of Property Assessment, 173 Pa. Superior Court 324, 98 A,2d 410 (1953) which held that "[h]ouse trailers, so long as they remain mobile, i,e" equipped with wheels, are personal property and not subject to taxation as real estate", Id, at 327, 328, 98 A,2d at 412, It would stand to reason that once the wheels are removed, permanent affixation is evident, the property should be taxable as real estate, Clayton v, Lienhard, 312 Pa.433, 167 A.321 (1933) is still the lead case cited for determining what category "chattels" fall under in connection with real estate, There is that which is clearly furniture and will always remain personalty, that which is clearly affixed and cannot be removed without injury to the real estate or the fixture itself, and that under which mobile homes fall: physically connected to the real estate, but removable without destroying the mobile home or the real estate, Plaintiff submits that the home at 1431 Enola Road, Carlisle, PA 17013 falls under the second classification, However, were the court to find that it was a "mobile home" under the Clayton definition, it would still need to find the home to be real estate, due to the determining factor that is the intent of the parties at the time of annexation Id, At 436, 322 (emphasis added), While the following is not binding authority, the Boyd Appeal case heard in Beaver County, Pennsylvania held that a "mobile home" which had its mobility removed was no longer a "mobile home" for zoning purposes, but should be deemed a single-family dwelling, It further distinguished between trailers (with wheels) and mobile homes, indicating that "the structural construction ofth[is] home differs from that ofa conventional home only to the extent that it is of a smaller scale, The degree of difficulty in physically moving the structure is the same", Boyd Appeal, 67 Pa. D, & C. 2dl, 1974 WL 15624 (Pa,Com,Pl) (1974), In defining the structure, the Court set forth a plethora of factors that it found to separate such a pernlanent home from that of a trailer, such as the foundation itself, the building materials, the water, sewer and electricity utilities, telephone service, septic tank and fuel oil heating unit. Id, at 15, Further, counsel for Plaintiff in prior cases with very similar fact patterns has had relief granted in its favor in several Pennsylvania counties, In the instant case, Patricia T, McAllister has clearly evidenced similar manifestations of intent to have this dwelling be permanently affixed to the land, It is clear from the photographs attached hereto that there is utility hookup, a porch, and a permanent foundation, and the interior of the dwelling is replete with the amenities of any other home, Further, as evidenced by the Cumberland County Tax Assessment documents attached to Plaintiffs instant motion, this property has been assessed as improved property for real estate tax purposes, Surely, logic dictates that ifthis type of improvement would be considered a home for zoning reasons, and the very county in which it sits has assessed it as real estate for tax purposes, the property should be deemed realty, A Lancaster County, Pennsylvania Court used the Clayton standard to hold that a mobile home constituted real estate under Pennsylvania law when the wheels of the home had been removed, the home remained in place for seven years, water, sewer, electricity and telephone were connected, and the owners paid real estate taxes to Lancaster County, Fromm v, Frankhouser, 7Pa, D, & C, 3d 560,566-567,1977 WL 269 (Pa,Comm, PI) (1977), The same conclusion should be reached in Cumberland County in the instant case. B. Relief in Aid of Execution Pa,R.C,P, 3118 is designed to give the court "broad discretion to provide relief in aid of execution", National Recovery Systems v, Pinto, 18 D, & C, 3d 684, 686 (Pa,Comp,PI 1981), Specifically, the rule provides, inter alia: (a) On petition of the plaintiff, after notice and hearing, the court in which a judgment has been entered may, before or after the issuance of a writ of execution, enter an order against any party or person", (3) directing the defendant or any other party or person to take such action as the court may direct to preserve collateral security for property of the defendant levied upon or attached, or any security interest levied upon or attached; . , , (6) granting such other relief as may be deemed necessary and appropriate, Pa,R,C.P, 3118(a), The predicates for a petitioner to obtain supplementary relief in aid of execution of a judgment are (1) the existence of an underlying judgment; and (2) property of the debtor subject to execution, Kaplan v, 1. Kaplan Inc., 422 Pa, Super. 215, 619 A.2d 322 (1993), In this case, there is no question that an underlying judgment was entered in favor of the Plaintiff and against the Defendant. (See Exhibit "D"), Moreover, it is also clear that the mortgaged property at 1431 Enola Road, Carlisle, PA 17013, is property of the Defendant and is subject to attachment and execution, Therefore, the creditor is entitled to invoke Rule 3118 for its motion to aid in the execution of the property and the court has jurisdiction over this matter. C. Plaintiff's Motion to EQuitablv Convert Should Be Granted Pursuant to Rule 126 In Livingston v, Vnis, 659 A.2d 606 (Pa, CmwIth, 1995), although the Commonwealth Court found the Common Pleas Court exceeded the scope of Rule 31 18 by making a determination of which creditor had priority to the debtor's lottery winnings, the court nonetheless refused to remand the case for a separate hearing, Id, at 612, In so finding the court stated "it would be judicially inefficient to remand this matter to the trial court when all of the necessary parties were able to participate in the matter before the Court of Common Pleas, "Id. at 609, In support of its ruling, the Livingston court cited Pa, R,C,P. 126, which provides that civil procedure "rules shall be liberally construed to secure the just, speedy and inexpensive determination of every action or proceeding to which they are applicable." Pa, R,C.P, 126, In the present case, the Defendant at all times was aware of all proceedings and was able to fully participate, However, the Defendant has not contested any ofthe proceedings, Requiring a separate action to quiet title would cause undue delay and additional cost to Plaintiff, D. Ouiet Title and Foreclosure Claims Mav Be Joined Under Meara Even if the Motion to Equitably Convert to Real Property were deemed to be a quiet title action, such an action may be properly joined with a foreclosure action under Meara v, Hewitt, 455 P A 132 (1974), Under the Pennsylvania Rules of Civil Procedure, a plaintiff in an action of mortgage foreclosure may state in his or her complaint two or more grounds for foreclosure, but may not state more than one cause of action, Pa, R.c.p, 1146, Thus, an action in equity may be joined with an action to quiet title and an action of mortgage foreclosure, where all three actions turn on the same legal question of the validity of a mortgage, Goodrich Amram 2d 9 1146: 1. E. Declaratorv Relief Pennsylvania Rule of Civil Procedure 1602 titled "Declaratory Judgment as Ancillary Relief' states that a pmiy may include a prayer for declaratory relief in any action at law or in equity, Consistent with the law cited above, this rule permits Plaintiff's requested relief in a mortgage foreclosure action, The Declaratory Judgments Act states, "Courts of record, within their respective jurisdictions, shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed, , , ," 42 Pa, C.S,A. 97532, In the instant case, Plaintiff is seeking an order declaring the status of the house as realty, Section 7532 gives the Court the authority to make this declaration, The Pennsylvania Superior Court has held that the Declaratory Judgments Act is to be liberally construed, Doe v, Johns-Manville ~,471 A.2d 1252,324 Pa, Super, 469 (Pa, Super. 1984), In addition, the Declaratory Judgments Act is intended to provide relief from uncertainty, Curtis v, Cleland, 552 A,2d 316,122 Pa, Cmwlth, 328 (1988), Accordingly, Plaintiff submits that the Declaratory Judgments Act provides the Court with jurisdiction to declare Patricia T, McAllister's house as realty, to provide relief to the Plaintiff from the uncertainty associated with selling a mobile home or manufactured home to a third party, F. Equitable Principles Plaintiff is without an adequate remedy at law and will suffer irreparable harm unless the requested relief is granted, This Court has plenary power to administer equity according to well-settled principals of equity jurisprudence in cases under its jurisdiction, Cheval v. City of Philadelphia, 176 A. 779, 116 Pa, Super. 101 (1935). Moreover, it is well settled that Courts will lean to a liberal exercise ofthe equity power conferred upon them instead of encouraging technical niceties in the modes of procedure and forms of pleading, Gunnet v, Trout, 380 Pa, 504,112 A.2d 333 (1955), This is certainly a case where the exercise of this Court's equity powers is appropriate and necessary, Plaintiff is requesting the entry of a court order declaring the house as realty, so that the buyer of the property at Sheriffs Sale will acquire clear title to the house and land, If the requested relief is not granted, Plaintiff may not get the full benefit of the collateral for the loan, as the parties intended, WHEREFORE, Plaintiff Mortgage Electronic Registration Systems, Inc, respectfully requests that this Honorable Court enter an Order on this motion, that the property at 1431 Enola Road, Carlisle, PA 17013 with a tax parcel LD, number of29-05-0427-003F, be equitably converted to real estate by way of this motion, and not subject to separation from land, Respectfully submitted: PHELAN HALLIN & SCHMIEG, LLP <. Date: ,,{bJ16 ~ EXHIBIT A -t ( F 1-1 (, it {I- fI, .~ . ;""-; .:- ,,;..=:R :='=.'1S ,: ~.: , ~ ~'--' , ' !\"', (':cu;;~:~Y-r;.\ . 00 J~N 1 PPl 2 29 RETURN TO, NATIONAL CITY MORTGAGE CO P.O. Box 8800 Dayton, OH 45401-8800 Parcel Number: 0000028779 (Space Above This Line For Recording Data) Commonwealth of Pennsylvania MORTGAGE FHA C"e No. ~ 4416279378.: ~J THIS MORTGAGE ("Security Instrument") is given on May 30. 2000 The Mortgagor is PATRICIA T MCALLISTER ("Borrower"). This Security Instrument is given to National Cicy Mortgage Co. which is organized and existing under the laws of "l'he State of Ohio > and whose address is 3232 Newmark Drive, Miamisburg, Ohio 45342 ("Lender"), Borrower owes Lender the principal sum of SEVENTY ONE THOUSAND NINE HUNDRED SIXTY THREE & 00/100 Dollars (U,S, $ 71,963.00)' This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"). which provides for monthly payments, with the fun debt, if not paid earlier, due and payable on June 1 2030 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all oth<< sums. with interest, advanced under paragraph 7 to protect the security of this Security Instrument. and (c) the perfonnance FHA P<I"nnsylvania Mortgage. 4196 cll\;4R(PA)/9912J VUP MORTGAGE' FORMS - (800)521-nt>T Page 1 01 II h\l1\als: f'1 I ~~llllnll~I~11 ""UK1615rAGf.-927 -,_.;~.......... ~ 1" .....--.k___...__.,.-,...,,__. of Borrower's covenanLS and agrccmenlS under this Security InstrUment and the Note. For this purpose, Borrower does hereby mortgage. grant and convey to the Lender the following described properly located In Cumberland County, Pennsylvania: which ha'i the address of Pennsylvania 1431 ENOLA RD, CARLISLE 17013 IZip cudol ("Property Address"); I Street, Cityl. TOGETHER WITH all the improvements now or hereafter erected on the property, and all casements, appurlCnanees and fixtures now or hereafter a part of the property. All replacement' and additions shall also be covered hy lhis Security Inslnlmenl. All of lhe foregoing is referred to in this Security Instrumenl as the "Property," BORROWER COVENANTS thaI Borrower is lawfully seized of the estate herehy conveyed and has the right 10 mortgage, gram and convey the Property and thaI the Property is unencumbered, except for encumbrances of record, Borrower warranlS and will defend generally the tille 10 the Property against all claims and demands, subject lD any cncumbrdflccs of record. THIS SECURITY INSTRUMENT eombincs unifonn covenanlS for national use and non.uniform covenanlS with limited variations by jurisdiction to constitute a uniform securily instrument covering real property. Borrower and Lender covenam and agree as follows: UNIFORM COVENANTS. I. Payment of Prindpa~ Interest and Late Charge. Borrower shall pay when due the principal nf, and inlercsl on, the debt evidenced by the Note and late charges due under the NOle. 2, Monthly Payment of Taxes, Insurance and Other Charges, Borrower shall include in each monthly payment, together with the principal and interest as set forth in the NOle and any late charges. a sum for (a) taxes and special a,"cssmcnlS levied or l<l be levied againsl the Property. (b) leasehold paymenlS or ground renlS on the Properly, and (c) premiums for insurance required under paragraph 4. In any year in which !.he Lender must p-a)l a mortgage insurance premium 10 the Secretary of HOlLo;;ing and Urban Development ("Secretary"), or in any year in which such premium would have boon required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium lD be paid by Lender lD the Secrelary, or (ii) a monthly charge instead of a mortgage ~nsurancc premium if this Security Instrument i.. held by the Secretary, in a reasonable amount to be determined hy the Secretary. Except for the monthly charge by the Secrelary, these ilems arc called "Escrow Items" and the sums paid to Lender arc caUed "Escrow Funds." ce.4R(PA) (991?) ., Paga201 a lf1jlial&:__El~_ C.)K 1';1.S P.r.f ..928 . .. Lender may. at any time. collect and hold amounlS for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Acr of 1974. 12 U,S,c. Section 2601 01 seq, and implementing regulations. 24 CFR Part 3500. as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursemenlS or disbursemenlS before the Borrower's paymenlS are available in the account may oot be based on amounlS due for the mortgage insurance premium. If the amounlS held by Lender for Escrow I\ems exceed the amounlS permitted to be held by RESP A. Lender shall account 10 Borrower for the excess funds as required by RESPA, If the amounlS of funds held by Lender at any time are oot sufficient 10 pay the Escrow Ilems when due. Lender may notify Ibe Borrower and require Borrower to make up Ibe shortage as permitted by RESP A. The Escrow Funds are pledged as additional security for all sumS secured by Ibis Security Inslrument. If Borrower tenders to Lender Ibe full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a). (b), and (e) and any mortgage insurance premium installment that Lender has nOl become obligated to pay to the Secretary, and Lender sball promptly refund any excess funds to Borrower, Immedialely prior to a foreclosure sale of the Property or ilS acquisition by Lender, Borrower's account sball be credited with any balance remaining for all instalbnenlS for items (a), (b). and (c), 3. Application of Payments. All paymenlS under paragraphs I and 2 shall be applied by Lender as follows: Eirn. to the mortgage insurance premium to be paid by Lender to the Secretary or to the monlbly charge by the Secretary instead of the monthly mortgage insurance premium; SJ:!;Qml, 10 any taxes. special assessments, leasehold payments or ground rents. and fue, flood and other hazard insurance premiums, as required; llJirll, to in\erest due under the NO\e; EIwnh. to amortization of the principal of Ibe NOIe; and Eiflh. to laic charges due under the NOle, 4. Fire, Flood and Otber Hazard Insurance. Borrower shall insure all improvemenrs on the Property, whether now in existence or subsequently erected. against any hazards, casualties, and contingencies. including fue. for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on Ibe Property, whether now in exislence or subsequently erected, against loss by floods to the extent required by the Secretary, All insurance shall be carried with companies approved by Lender, The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of. and in a form acceptable to. Lender, In the event of loss, Borrower shall give Lender immediate notice by mail Lender may make proof of loss if not made promptly by Borrower, Each insurance company concerned is hereby authorized and directed to make payment forsuch loss directly to Lender. instead of to Borrower and 10 Lender jointly, All or any part of the insurance proceeds may be applied by Lender, at its option. either (a) 10 the reduction of lbe indebtedness under the Nole and this Security Instrumen~ frrst to any delinquent amounts applied in the order in paragraph 3. and then to prepayment of principal. or (b) 10 the resrorntion or repair of Ibe damaged Property, Any application of the proceeds to the principal shall not extend or postpOne the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such paymems. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto, In the event of foreclosure of this Security (nslfument or olber rransfer of title to Ibe Property that extinguishes the indebtedness. all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. Q-4R(PA) (9912) ., Page3018 !niljal';~ cr'id615 rACE .929 . -,.,........--.,...,... S. Occupancy, Preservation, Maintenance and Protection of tbe PrOpertYi Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a Ialer sale or transfer of the Propeny) and shall continue 10 occupy the Property as Borrower's principal residence for at least one year after lite date of occupancy, unless Lender determines !.hat requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shan not commit waste or destroy, damage or substantially change lite Property or allow the Propeny to deteriorate. reasonable wear and tear excepted. Lender may inspect1l1e Property if the Property is vacant or abandoned or the loan is IU default Lender may take reasonable action to protect and preserve such vacant or abandoned Property, Borrower shall also be in default if Dorrowcf, during the loan applicatiun process, gave malCfiatly false or illalX:UrdLC information or slatCments to Lender (or failed 10 provide Lender with any material infonnation) in connection wi1l1 1I1e loan evidenced by the Note, including. but not limited to, representations concerning Borrower's occupancy of the Propeny a') a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply WIth the provisions 011l1e lease. If Borrower acquires lee title 10 the Property, 1I1e leasehold and fce title shall not be merged unless Lender agrees 10 the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in conncction with. any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to 1I1e extent of the full amoum of 1I1e indebtedness that remains unpaid under 1I1e Note and 1I1is Security Instrumen!. Lender shall apply sucb proceeds to 1I1e reduction of 1I1e indebtedness under 1I1e Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepaymem of principal. Any application of 1I1e proceeds to 1I1e principal shall not extend or postpOne 1I1e due date of the monthly payments, which are referred 10 in paragraph 2, or change 1I1e amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under 1I1e Note and 1I1is Security Instrument shall be paid to 1I1c entity legally entitled thereto. 7, CharRes III Borrower and Prlllection of Lender's Rigbts in 'he Properly. Borrower shall pay all governmental or municipal charges, fines and impositions that arc not included in paragraph 2. Borrower shall pay 1I1esc obligations on time directly to 1I1e entity which is owed 1I1e payment If failure to pay would adversely affect Lender's interest in the Property. upon Lender's reque.st Borrower shall promptly furnish to Lender receipts evidencing 1I1ese payments. If Borrower fails to make tbe.se payments or 1I1e payments required by paragmph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (sucb as a proceeding in b"l'kruptey, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to pro.tcctlhc value of the Property and Lender's rights in 1I1e Property. including payment of [a}(es, hazard insurance and 01l1er items mentioned in paragraph 2. AllY amounts dishursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument These amounts shall bear interest frnm the date of dcsbursement, at the Note rate. and at the option of Lender, shall be immediately due and payable. Borrower shall promptly discharge any hen which has priority over lhis Security Instrument unless Borrower: (a) agrees in writ.ing to 1I1e payment of the obligation secured by the lien in a manner acccplable 10 Lender; (b) contests in good faith the lien by, or defends against enforcemenl of the lien in, legal proceedings which in the Lender's opinion o~rate 10 prevent the enforcement of the lien; or (c) secures fTom the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument, If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or morc of the actions set forth above within 10 days of the giving of notice. CD:~4R(PA) 19912: " Paga4018 InitialS: P1rYl r".~ 1hl,C'. PAGf ..930 .. 8. Fees. Lender may collect fees and charges authori1-Cd by the Secretary, 9, Grollnds for Acceleration of Debt. (a) Default. Lender may. except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security Inslrument if: (i) Bonower defaults by failing to pay in full any monthly payment required by this Security Instrument prior 10 or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty dnys, 10 perfonn any other obligations contained in this Security Instr\llllent (b) Sale Witbout Credit Approval. Lender shall, if pennitted by applicable law (including Section 341 (d) of the Gam-St Germain DePOSilOry Institutions Act of 1982, 12 U.S.c. 170Ij-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security InslIument if: (i) All or part of the Property, or a beueficial interest in a IIust owuing all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secrewy, (e) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect 10 subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, 10 require immediate payment in full and foreclose if not paid, This Security Instrument does not authori1.e acceleration or foreclosure if not penniued by regulations of the Secretary , (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined 10 be eligible for insurance under the National Housing Act within 60 days from the dare hereof, Lender may, at its option. require immediate payment in full of all sums secured by this Security [nstrumcnL A written statement of any authorized agent of the Secretary dated subsequenllD 60 days from the date hereof, declining 10 insure this Security Instrument and the Note, shall be deemed conclusive proof of Sllch ineligibility, Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due 10 Lender's failure lD remit a mortgage insurance premium 10 the Secrewy. 10. Reinstatement. Borrower has a rightlD be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security InSlrumenl. This right applies even after foreclosure proceedings are instilllted, To reinstale the Security Inslrumenl, Borrower shall tender in a lump sum all amounts required to bring Bonower's account currelll including, lD the extent they are obbgalions of Borrower under this Security Inslrumenl, foreclosure costs and reasonable and cuslDmary atlDmeys' fees and expenses properly associated with the foreclosure proceeding, Upon reinstlleJttent by Borrower, this Security InSlrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to pennit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the fulU1'e, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument G-4R(PA) ,..", .. PilgB5018 . . i'H- t11 Ifllllal$:r- f BOOK 1615 rAGE ..931 --~'''''.''''''''.-'* II. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall nol be required 10 commence proceedings against any successor in interesl or refuse 10 extend time for payment or otherwisc modify amorti7.ation of the sums secured by this Security InstrUmem by reason of any demand made by the original Borrower or Borrower's successors in inrcrcsL Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liabitity; Co-Signers. The covenants and agreements of this Security Instrument shal[ bind and benefit the successors and assigns of Lender and Borrower, subject 10 lIle provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and sever<.tl. Any Borrower who co-signs this Security Instrument but does not execute \.he Note: (a) is co-signing this Security Instrument only to mortgage, granl and convey that Borrower's interest in the Property under the tcnns of this Security [nstrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard 10 the terms of this Security lnstrumenlor the Note without that Borrower's consenl 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by r rrst class mail unless applicable law requires use of another method. The notice shall be directed 10 the Property Address or any oLher address Borrowc:r lksignalCs by notice to Lender. Any notice to Lender shall be given by first c1aCis mail to Lender's address Slated herein or any address Lender designates by notice k) Borrower. Any notice provided (or in Ibis Security Instrument shall be deemed to have been given to Borrower or Lender when given ao.; provided in this paragraph, 14, Governing Law; Severabili'y, This Security Ins!rnmenl shalL be governed by Fedcrallaw and \he law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicls with applicable law, such conflict shall nOI affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the NOle are declared 10 be severable, 15, Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances, Borrower shall not cause or permit the presence, use, disposal. storage. or release of any HlI7.ardous Substances on or in the Propeny. Borrower shall not do, nor allow anyone else to do. anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall nOl apply to the presence, use. or slOrage on the Propeny of small quantities of Hazardous Substances that are generally recogni,.cd 10 be appropriate to normal residential uses and 10 maintef1Jlflce of the Property, Borrower shall promptly give Lender written notice of any investigation, claim. demand. lawsuit or other action by any governmental or regulatory agency or private pany involving the Property and any Hazardous Suhsrancc or Environmental Law of which Borrower has actual knowledge. If Borrower lcarns. or is notifted by any governmental or regnlatory authority, that any removal or other remediation of any H"".ardous Substances affecting the Property is nccessary, Borrower shall promptly take all nccessary remedial actions in accordance with Environmental Law, As used in this paragraph [6. "Hazardous Substances" arc those substances defined as loxic or ha7.ardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, IOxic pesticides and herbicides, volati[e solvents, materials containing asbestos or formaldehyde. and radioactive materials, As used i.n this paragraph 16, "Environmental Law" ffieD.nS federal laws and laws of the jurisdiction where the Property is located that. relate to health. safety or environmental protection. ..4R(PA) .99'" ,., Pag96clll Inilials: rT.~ l .wi c.1.~, rAGf..932 .. . NON-UNIFORM COVENANTS, Borrower and Lender further CovetUU1t and agree as foUows: 17. Assignment of Renls. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues aud hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents, However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower, This assignment of rents constiwtes an absolute assignment and not an assignment for additional security only, If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held hy Borrower as trustee for benefit of Lender only, to be applied III the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's WriUCIl demand (0 lhe tenanl. Borrower has not executed any prior assignment of the renlS and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17, Lender shall not be required to enter upon, take conlJol of or maintain the Property before or after giving notice of breach to Borrower, However, Lender or a judicially appointed receiver may do so at any time there is a breach, Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender, This assignment of rents of the Property shalltcrminate when the debt secured by the Security Instrument is paid in full, 18. Foreclosure Procedure. If Lender requires immediate payment in fuD under paragrapb 9, Lender may foreclose this Security Instrumen' by judicial proceeding. Lender shan be entitled to coUed aU expenses incurred in pursuing the remedies provided in this paragrapblS, including, but not limited to, altomeys' fees and costs of title evidence. If tbe Lender's interest in tbis Security Instrument is beld by lbe Secretary and 'he Secretary requires immediate payment in fuD under Paragraph 9, the Secretary may invoke tbe nonjudicial power of sale provided in tbe Single Family Mortgage Foreclosnre Act of 1994 (" Act") (12 U.S.C. 3751 el seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell tbe Property as provided in tbe Act. Nothing in lbe preceding sente...., sbaD deprive tile Secretary of any rights otherwise available to a Lender under tbis Paragraph 18 or applicable law. 19. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the eslate conveyed shall terminate and become void, After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower, Borrower shall pay any recordation costs, 20. Waive... Borrower, to the extent pennitted by applicable law, waives and releases any error or defects in proceedings III enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for Slay of execution, exrension of time, exemption from attachment, levy and sale, and homestead exemption. 21. Reinstatement Period. Borrower's time In reinstate provided in paragraph 10 sball extend III one hour prior III the commencement of bidding at asheriff' s sale or other sale pursuant to this Security Instrument 22. Purcbaoe Money Mortgage. If any of Ibe debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage, 23. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is enrered on the Note or in an action of mortgage foreclosure shall be the rate payable from time III time under the Note, 24. Riders to this Security Instrument, If one or more ridelS arc execoted by Borrower and recorded wgetber with this Security Instrument, the covenanlS of each such rider sball be incotporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument [Check applicable box(es)]. D Condominium Rider D Planned Unit Development Rider ..4R(PA) (9''', .. D Growing Equity Rider o Graduated Payment Rider Palla 70lB 600K1615 raGt ..933 o Other [specify] Initlil.l$: PTrl'1 - BY SIGNING BELOW, Borrower aceepts and agrees 10 the terms conrained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it Witnesses: '. ,fl-~r~~ J(.....~.'-':-J, Certificate of Residence I. the within-named Lender is Witness my hand this I~i ill v', -----woI....A-< ,1 -Burrower rU~~-t-~ T MCALLISTER ___(Seal) .___~ (Seal) -Borrower ...__~__._~(SeaI) ,~',l'p.tML~ .; -Borrower ____ (Seal) -Borrower ~._._(SeaI) __(Seal) - Borrower Borrowcr ._(Seal) _ (Seal) -Horrower -Borrower , do hereby eertif y that the correct address of day of Agent of Lender COMMONWEALTH OF PENNSYL VANIA, Cumber land Counly 50: On this. 30th day of May . 2000 . before me, the undersigned officer, personallyappcared Patricia T. McAllister known 10 me (or satisfaclOrily proven) 10 be person whosc name i s subscribed 10 the within instrull"'nt and acknowledged thar she executed the same for lhe purposes herein contained. ' IN WTTNESS WHEREOF. I hereunto sel my hand and 0 ';;~"';;1. \.-. . .L My Commission Expires; NOTARIAL SEAL ...V\^-(\fY~(1J':!L DENISEPINAMONTI, No/OIyPublic "":,;;:r:' ) (,,;. c"',!' Corl;sJo Borough, Cumbetlend Ccunty '0.. \ I ZX-hi L--0JJ LL...... ;,~ ~, M CommisSIOn E res Nov_ 20, 2000 ~.. __n_ ':'''1 , ide of Offtcer )'& CD.,;4R(PA) (9912\ Page 8018 .- r.". ~S1.S PAGE ..934 '. EXHIBIT "A" - Legal Description 1431 Enola Road Canisle PA 17013 ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of North Middleton in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point in the center of Pennsylvania Highway Route NO, 944, the Enola Road, on the dividing line between Lots Nos. 4 and 5 on the hereinafter mentioned Plan of Lots; thence by said dividing line, South 14 degrees 30 minutes East 392,89 feet to a point; thence South 79 degrees 11 minutes West 169,35 feet to a point; thence by the dividing line between Lots Nos, 5 and 6 on said Plan of Lots, North 14 degrees 30 minutes West 381 Feet to a point in the center of Pennsylvania Highway Route No. 944 aforesaid; thence by the center of said Road, North 75 degrees 30 minutes East 169 feet to the Place of BEGINNING. CONTAINING 1,499 acres, more or less, BEING Lot No, 5 on the Plan of Lots of Mary G, Ronan, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 28, Page 20, BEING the same premises which Raymond C, Bailey, Jr" and Shirley y, Bailey, his wife, by deed dated September 28, 1989 and recorded October 5, 1989 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "F", Volume 34, Page 31, granted and conveyed unto JamesA, Eldridge and Phyllis I. Eldridge, AND BEING the same premises which James A. Eldridge and Phyllis I. Eldridge, his wife, by deed dated and recorded even date herewith in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Patricia T, McAllister, Mortgagor herein, ~"-"-' -...( P"n~C'..h'?~ia } ~', ','- ,,' '"''1''' . ,-. :.';/ ::~lr,-:(;.:':;".~:i~'~~ . _'.-: (~, !~l': (::~;\;~'. !O' jh<: rf>cGlding of Oeads '.'...~' .[;'d C ~:<;;"",CD"":~\',ca."'I'] \;~ P.o'. _\.61____p,'!ne-~ \'.';'.." 's ,y ~.nd ..\ of Q I C:() ("Ii.ie, P~~is "f.~~ ,~~(~:':.~ .' ,.,;~~;.~~, .... .1" , .~-.~~.4. {' '<I. '..:,< 'i';, . .. .. .:.,~,."","1ii,;r,. ,.~: '~;""".\~.~::'"'f'.:'~ ,. ", ,~ .\... --- .tlj)l" __~, ",' ~. l~~\ l,,:.,::\.lr it. "l-;.Y.'..'.i('... ll' -~\>t '!t:'R 4....~-/',.j. . ~......,c!L,'o'/-~_ . .'. '-.~ "'., ~ "1.,.-...?'" """. " .? - &'1, ~',~ .. ~~". ~.. ..~. b1".. . L}, u. -. - ") >' '., h_., _,,'.",.. ~"'~'.:>.. e;;.~ .... ',? .,-. . , . BGilK 1615 fAGE ..935 EXHIBIT At \of?! J z / yvY LOAN NUMBER: 0000028179 ASSIGNMENT OF MORTGAGE AND PROMISSORY NOTE FOR VALUE RECElVED, National City Mortgage Co.. an Ohio Corporation, 3232 Newmark Drive. Miamisburg, Ohio 45342 {NCMC). hereby sells, transfers, sets over, and assigns to: MortgoGe Elet'""'ic Itegh'rolloo 5)'$te\'ll$. Int.. G .431B M.\I~I R.QQd, f\iKll, Ml 48507 NCMC's entire right. title, and interest in and to the following described mortgage (the Mongage) and promissory note (the Promissory Note) which are dated May 30,200'0 . and are in the original principal amount of S 71,963.00 The Mortgage is described and identified by the foJlowiog name(s) of the mortgagor(s}, me date of recording. instrument number. and/or book Ilwnber as recorded in CuDlberland County. Pennsylvania MORTGAGORISl INSTRUMENT NUMBER BOOK & PAGE PATRICIA T MCALLISTER C- C..' \;, ' :::::;;) rrl _ ( Z ::0;;;';' 'C' :~ IN TESTIMONY WHEREOF, said NATIONAL CITY MORTGAGE CO- has hereutUO set its ~ds ~ r'l'l --1 tbis 12 day of November ,2001 . 0 ;C ? ~-- -0 0 c_ ~~.' ::3 o-"'~ carr. :Zrrl~ :j r~ rT: \~ ~;::J , o 1615 927 W <' \;.' .,..:>.... r;t:;) iT't ,,} ( /1. _J NATIONAL CITY MORTGAGE CO. /~~ By: .... '" o <n WITNESS: ..J'..A. , A^, Jl.IJ..o . Name: Title: MBLISSA 8RAY LOAN UVI!W APKl"NISTRATOR COUNTY OF MONTGOMERY ) ) SS: ) fiJlo.t//5305/ 7 .25.;100,;0;2(;54 )'1/ m'/1 11 Ie?Ct? /]"l- t-577 V/ZJ( #" /- )'71- V' STATE OF OHIO On this ~ day of NovelDher , 2001, before me. the: undersigned. a Notary Public in and for said County and State, personally appeared MELISSA BRAY . the LOAN RRVIKW ADMINIS'rRATQR for an on behalf of National City Mortgage Co., and duly authorized to do so acknowledged (he c)l:ecu.tion of the foregoing Assignment of Mortgage and Promissory Note as (Is voluntary act and deed for the USCG and purposes therein ~ntained. ~Q' ~~~_G BEN A. S I r . Notary Public My Commission Ellpires: 08/06/06 My County of Residen~: MONTGOMERY When Recor<kd Return To: AurOr:J I..o:.tn S{'n-:ccs. 1m:. 601 5th Avenue P.O_ Box 1706 Scottsb!uff, NE 69363-1106 Ann: Adele Fialn 'f [>..".:d;, BOO~ 69~ r^,;[ UJ13 EXHIBIT B FEDERMAN AND PHELAN, LLP By: 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 (115) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff />.'./ --r:. NO, O'f- 4S"" f ~ I ~ v. CUMBERLAND COUNTY PATRICIA T, MCALLISTER 1431 ENOLA ROAD CARLISLE, PA 17013 Defendant (") s: -. ;(:;}~F' (", . CIVIL ACTION - LAW COMPI,AINT IN MORTGAGE FORECLOSURE r.::t~ ' ~::: ~~~ ;~~: ;;..-".(~:' NOTICE Z .. FEDERMAN AND PH~N[; You have been sued in court. If you wish to defend againstAlirQRNi,Vsf'IUEtOOP~y following pages, you must take action within twenty (20) days aftert~&'RJIII"'tjCe 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 LA WYER AT ONCE, IF YOU DO NOT HA VE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HllUNG 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. cer::lJ,E":i!!,,"~.,: ';,',"1 "'ilH.:O ',~, iJl;S; =>~ ~ 'W1.f ..t rL ~t> r If ,,,,,-,Ld--...,w A\TIOANEY FILE COpy ,~R!;11.JR~ Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 170!3 (800)990-9108 File #: 98766 ....., -= = ..... V) rc; " I CO 9, :rI ~" n~JF' ""tJi'ii i3Y --,0 ----.-1" O-d zO Om ;;~ ~D -< .:c:'>~ ::?~ 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 ill5) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION MORTGAGEELECTRONlC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff v, NO, CUMBERLAND COUNTY PATRICIA T. MCULISTER 1431 ENOLAROAD CARLISLE, P A 17013 Defenclant(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 lURE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, CUMBERLAND COUNTY .AtfV_UMBERLAND COUNTY BAR ASSOCIATION bY Ctl' ~""~e a,t\d 2 LIBERTY AVENUE '4'J8 ~~<:ibe a \{Ut"e CARLISLE, P A 17013 \Nlt\\\" t co~Y ~~ ~ecot'd. ",,", (717) 249-3166 CO~(~~a\ \\\8(\ ~O P"t\.l"'~ o~\g'.::p.~ fr.1:h.. File #: 89200 File #: 89200 IF TflIS 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 V AUDITY 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 ~CEIVED A DISCHARGE, THIS IS NOT AN ~ TTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 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: AURORA LOAN SERVICES, me. 601 5TH AVENUE SCOTISBLUFF, NE 69361 2. The name(s) and last known addressees) of the Defendant(s) are: P A TRIClA T. MCALLISTER 1431 ENOLA ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3, On 5/301Q0 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NATIONAL CITY MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No, 1615, Page 927, By Assignment of Mortgage recorded 1/14/03 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No, 693, Page 1913, 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 1110112003 and each month thereafter are due and unpaid, and by the tenus 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 #: 89200 6. The following amounts are due on the mortgage; Principal Balance Interest 1 % l/2003 through 03/09/2004 (per Diem $16,52) Attorney's Fees Cumulative Late Charges 05/30/2000 to 03/09/2004 Cost of Suit and Title Search Subtotal $69,948,92 2,659,72 1,250,00 111.76 $ 550,00 $ 74,520.40 Escrow Credit Deficit Subtotal 0,00 257.45 $ 257.45 TOTAL $ 74,777,85 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, This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000, 9, This action does not come under Act 91 of 1983 because the mortgage is FHA-insured, WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 74,777,85, together with interest from 03/09/2004 at the rate of$16.52 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, ANDPHEZ'~ ' ! , v ) By; ra CIS S. Hal n FRANK F DERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff FEDE File #: 89200 /J.L mAT CEIa'A1N tn>rt or p.n:cl 0( land and ptmll.ca, situate, I1in& cmd bc:jng in the Township of North MldciIewn in tho: Count' 0( ew..berland and Cc>aw<m-..lth 0( P=nojivanio, JJlO~ partlculerly described sa falJoo~a; aeclINNlNG at '" point In chi> ;lenta' ofPennay!vBnla f{ighway Route 944, the Enolll Road, on the cIivldillg line betWeen- LOt No&. .. and 5 on the herelnaRtt auentiolUlCl f'Ian of lota; thence by AId dltidlng line, South 1. d~ 80 IIlInUtelI 1!:ut, 392.89 feet to a paint; thence South 79 degree. 11 lIllnutea W...t. 169.35 feet to . poil:rt; thau:e by the d!Yi4Ing line bet'IIocen Lot Koo. 5 and 6 on 8lWl. PIlln of LOts. North 14 dc:gtecl 30 JUlautca Wctt, 381 feet to . point In the center 0( i'eI'lMylvanio. HIBhWl\Y Route: 944. al'ar<:oALl; th<:IICC by the caller 01' 8Gld J1l&d, North 75 dOgred 30 mjnutea East. 169 fi:et to tho: plAce or aEGUNlNG. CON'tAUIlNG J.499 _, man: or Ie.... 8Jmla LOt No. :; on the PIAIl 01' l-ota or Mouy G. Roaan. as rceord<ld In the OffICe or the Recorder of Deeds fur CuRlbcrliuld Caw;t;y ill Pkm Bool< 28. Pasc 20. BEING Icnown lIDd I1wnbucd II. J431 EnalA Road, CarlIa1e, Pennayl1ll\Dla. BElNG"l'HE SAME PRB:MISlJ;S whfd1 Ra1moud C. ~,Jr. lUUI Shirley Y. Bailey, his wIfi:, by Peed dUed &:p_ber 2a, 1989 ,""" RCOrded October 8, 1989 In lhe 0Ilicc oCthe ~cr or Dc:edaln lUUI fur CuIIll>crland COunt:r, Pennay\vaaill, in Deed Book F, Volume 34, Page: 31, CI1Ulted and convcy<:cl untO .1_ ^" Eldridge cmd PbyI1Ia 1, EIdrid&e, his wife, Grantors bc:tdl\- VERIFICATION Richard T, Martin hereby states that she is SENIOR VICE PRESIDENT of AURORA LOAN SERVICES mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief, The undersigned understands that this statement is made subject to the penalties of 18 Pa, C.S, Sec, 4904 relating to unsworn falsification to authorities: 0~ J/LJ DATE: d Richard T. Martin Sr. Vice President EXHIBIT C SHERIFF'S RETURN - REGULAR CASE NO: 2004-04548 P COMMONWEALTH OF PENNSYLVANIA:- COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGIST SYS VS MCALLISTER pATRICIA T RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MCALLISTER PATRICIA T the DEFENDANT , at 1142:00 HOURS, on the 24th day of September, 2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to PATRICIA T MCALLISTER 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 So Answers: 18.00 ,00 ,00 10.00 ,OQ 28.00 ,~~~ R, Thomas Kline 09/24/200'4 FRANK FEDERMAN Sworn and Subscribed to before By: ~/U Deputy Sheriff me this day of A.D, Prothonotary EXHIBIT D FEDERMAN PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SmTE 1400 PIllLADELPIDA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe., 8201 GREENSBORO DRIVE, SillTE 3S9-i~~.j'1;t~\', MCLEAN, VA 22102 T'1f~~ (,p,~1f' 1\(' . \' : . ,.,,,,j,,'\.>~ .",:\1;,~BERLAND COUNTY ,; "':?~OURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff, v. NO. 2004-04548 ,......) C:J C:.:J t~) PATRICIA T. MCALLISTER _I . , Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES o u, TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against PATRICIA T. MCALLISTER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale ofthe mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 3/9/04 to 11110/04 TOTAL $74,777.85 $4,080,44 $78,858.29 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, A"Ml~( r.,~Lu~ DANIEL G, SCHMIEG, E. UIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INmCAT DATE: Jl )~(j 17, ;;....a)Lf FEDERMAN AND PHELAN, LLP By: Lawrence T, Phelan, Esq" Id. No, 32227 Francis S. Hallinan, Esq., Id. No, 62695 Daniel G, Schmieg, Esq., Id. No, 62205 Thomas M. Federman, Esq., Id. No, 64068 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (71 'i) )61.7000 MORTGAGE ELECfRONIC REGISTRATION SYSTEMS, INe. AlTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs, : CUMBERLAND COUNTY PATIUClAT,MCALLlliTER Defendants : NO. 04-4548 CIVIL TERM TO: PATRICIA T.MCALLlliTER 1431 ENOLA ROAD CARLISLE, PA 17013 FILE COpy DATE OF NOTICE: OCTORFR 1~, 2004 TIllS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, TIllS NOTICE IS SENf TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR TIlAT PURPOSEJF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, TIllS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENf OF LIEN AGAINST PROPERTY, IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENfER A WRIlTEN APPEARANCE PERSONALLY OR BY A lTORNEY 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 JUDGMENf MAYBE ENfERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANf RIGHTS, YOU SHOULD TAKE TIllS 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 ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PAl 70 13 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff EXHIBIT E Page I of I Detailed Results for Parcel 29-05-0427-003F in the 2004 Tax Assessment Database DistrictN 0 29 Parcel ID 29-05-0427-003F MapSuffix HouseNo 1431 Direction Street ENOLA ROAD Ownerl MCALLISTER, PATRICIA T Owner2 Prop Type R PropDesc SR 0944 Liv Area 924 CurLandVal 29020 CurlmpVal 47590 CurTotVal 76610 CurPreIVal Acreage 1.5 CIGrnStat T axEx I SaleAmt 72000 SaleMo 6 SaleDa 1 SaleCe 20 SaleYr 0 DeedBkPage 00222-00500 YearBIt 1981 HF _File_Date HF Approval Status http://taxdb ,ccpa,net/ details, asp ?id=29-0 5 -042 7 -003F &dbselect= I 2/23/2005 EXHIBIT F EXHIBIT G ...~- "\M~"". .~ 1!' ._~ ~,,'_t~- _" _,,':~>b_-'~ _,;. , ,:,:'- -'~~~~~:'~~r:--~9;~ 'c.j _... ,;,,~~~~ '..A,_~.~,,_"__ ~ \ ---~ J ~ ) , l!'11!'1jj1"nl~""- ~~~II;:''::'/''~':''c"~,,,r'':-'?,"''''~~ 11111111I ~ ~ ~ " , r ~ , ;, "-" ~ ~..- -" :1111 -. , '.. ",.. ~< . ~-",,>---, '<~, - \ \ ~ ! \ " :'1 "--~~- " ~ - t" EXHIBIT H COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SAFETY ADMINISTRATION HARRISBURG, PA 17123 3/11/05 DEFAULT EXPRESS SRVC INC 13000 ROUTE 73 STE 107 MARlTON NJ 08053-0000 OS070071000020~ 001 Dear Customer: The Bureau of Motor Vehicles has received your request tor information. We are not able to provide this information because the record you requested, as indicated below, does not exist in our files. NAME : MCAllISTER,PATRICIA T If you have any questions concerning this information, please contact Vehicle Record Se~vic.s at the address or telephone number listed below. Sincerely, Customer Service Team Bureau of Motor Vehicles ADDRESS CORRESPONDENCE TO: Department o~ Transportation Vehicle Record Services PO Box 68691 Harrisburg, PA 17106-8691 INFORMATION: (7,00 IN STATE OUT-OF-STATE TOO IN STATE TOO OUT-OF-STATE www.dot.state.P8.us AM TO 9:00 PM) 1-800-932-4600 717-391-6190 1-800-228-0676 717-391-6191 VERIFICATION Michele M, Bradford, Esquire hereby states that she is the attorney for the Plaintiff in this action, that she is authorized to make this Verification, and that the statements made in the foregoing Plaintiff's Motion for Equitable Conversion to Real Property, and Brief in support thereof are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa, C,S, 4904 relating to unsworn falsification to authorities, '- & SCHMIEG, LLP DATE: j{JJos BY: Miche M, Brad d, Esquire Attorney for Plaintiff . . PHELAN HALLINAN & SCHMIEG, LLP by: Michele M, Bradford, Esquire Ally, I.D, No, 69849 One Penn Center, Suite 1400 1617 John F, Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc, 8201 Greensboro Drive, Suite 350 McLean, V A 22102 ATTORNEY FORPLAINTWF Court of Common Pleas Civil Division Plaintiff Cumberland County vs, No, 04-4548 Patricia T, McAllister 1431 Enola Road Carlisle, PA 17013 Defendant CERTIFICATION OF SERVICE TO THE PROTHONOTARY: I hereby certify that true and correct copies of the foregoing Motion for Equitable Conversion to Real Property and Brief in support thereof, were served by regular mail on Defendants on the date listed below, Patricia T, McAllister 1431 Enola Road Carlisle, P A 17013 DATE: 31311a 5 SCHMIEG, LLP .; c , , ~.. ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RECEIVED APR 0520051)'\ S ~l .. Mortgage Electronic Registration Systems, Inc, 8201 Greensboro Drive, Suite 350 McLean, VA 22102 Court of Common Pleas Civil Division Plaintiff No, 04-4548 vs, Patricia T, McAllister 1431 EnolaRoad Carlisle, PA 17013 Defendant ORDER AND NOW, this 7 ~ day of ~ ,2005, upon consideration of Plaintiffs Motion for Equitable Conversion and ,any response thereto, it is hereby .l- e.- ~~~~ tt~;; 4 ~~~~~';;~"':~~~;t~:.!;~:;" th~~~,~dnet3tl~t~vH~ . J, C!~j ~,L. 4 7 - {j 5~ )Is ViN\i!\lA~;\.:;\'.:U A.LNnC<.') (1''';.'-' ",/C() C!j :01 H~ L - l:Jd~ SOul Ai::iVlONOHJ.ood 3Hl :10 3:JU:lo-<J31!::l PHELAN HALLINAN & SCHMIEG, LLP by: Michele M, Bradford, Esquire Atty, 1.D, No, 69849 One Penn Center, Suite 1400 1617 John F, Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, lnc, 8201 Greensboro Drive, Suite 350 McLean, V A 22102 ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Plaintiff Cumberland County vs, No, 04-4548 Patricia T, McAllister 1431 Enola Road Carlisle, PA 17013 Defendant CERTIFICATION OF SERVICE TO THE PROTHONOTARY: I hereby certify that a true and correct copy of the Order dated April 7, 2005 issuing a Rule upon the Defendant to show cause why the Motion should not be granted was served by regular mail on Defendant on the date listed below, Patricia T, McAllister 1431 Enola Road Carlisle, PA 17013 4/'3/05 SCHMIEG, LLP DATE: BY: ('.' , <') ;1 :::! .1 , #"',~ ,-,.... .-..... ,">;:- -<;, ,-fj 'PHELAN HALLINAN & SCHMIEG, LLP by: Michele M, Bradford, Esquire Atty, 1.D, No, 69849 One Penn Center, Suite 1400 1617 JohnF. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc, 8201 Greensboro Drive, Suite 350 McLean, VA 22102 ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Plaintiff Cumberland County vs. No, 04-4548 Patricia T, McAllister 1431 Enola Road Carlisle, P A 17013 Defendant MOTION TO MAKE RULE ABSOLUTE Plaintiff hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above- captioned action, and in support thereof avers as follo:"s: L On April 4, 2005, Plaintiff filed a Motion for Equitable Conversion, 2, On April 7, 2005, the Court entered an Order directing the Defendant to respond to the Motion within twenty days after the order was served, A true and correct copy of the Order is attached hereto, made part hereof and marked as Exhibit "A". 3, The Plaintiff was instructed to serve the Order on the Defendant by the tenns of the Order dated April 7, 2005. A true and correct copy of the Certification of Service is attached hereto, made part hereof and marked as Exhibit "B", 4. Defendant failed to respond or otherwise plead to the Order dated April 4, 2005, WHEREFORE, Plaintiff prays that this Honorable Court make the Rule to Show Cause Absolute and grant Plaintiffs Motion for Equitable Conversion, .... Date: 5/~3Io) ~}' RECEIVED APR 0 5 'l~ 'J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Mortgagc Electronic Registration Systems, Inc. 8201 Greensboro Drive, Suite 350 McLean, V A 22102 Court of Common Pleas Civil Division Plaintiff No, 04-4548 vs. Patricia T. McAllister 1431 Enola Road Carlisle, P A 17013 Defendant ORDER AND NOW, this 7'" day of ~ ,2005, upon consideration of Plaintiffs Motion for Equitable Conversion and ,any response thereto, it is h~ereEf ~ Co.- ~-'?~>? .",~~_ _~~ "- ORDERED and DECREED that Hi'- ~y <it i~: RM, C '1Ef 'Il, a SJ-t.-r ~ ~ -tLt.,.. . S rv:J'f' ~ ~ . t"~. I'Ilb~ '* 71;) 95 9177 QO%', ~W..~Ft88ts rijal ~Gtat..l.>:' WH)' sf tHis lu5:;;~,~{\t ~Ii~t ~ll:f~vm laud, ' BY ], III ~E COpy FROM R 9StIInony Wh6(llOf I 1._ ECORD &ill:! f . ' '111/'8 unto set fhi' of 8a\f1 u at Cartlsl my- day t ! I e'!25~o - PHELAN HALLINAN & SCHMIEG, LLP by: Michele M, Bradford, Esquire Atty, I,D, No, 69849 One Penn Center, Suite 1400 1617 John F, Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc, 8201 Greensboro Drive, Suite 350 McLean, V A 22102 A TIORNEY FOR PLAINTIFF ATTORNEV I=i!." PLEf'.Si".;' .~ r. ' ., Court ofConunon Pleas Civil Division Plaintiff Cumberland County vs, No, 04-4548 Patricia T. McAllister 1431 EnolaRoad Carlisle, PA 17013 Defendant CERTIFICATION OF SERVICE TO THE PROTHONOTARY: o ~~ l:) (:"2 ji'!r!'", Z~,-.' -;--...-, UJ},~. ~;=; ::::;.("} >-e':': ~~ I hereby certify that a true and correct copy of the Order dated April 7, 2005 issuing a Rule upon the Defendant to show cause why the Motion should not be granted was served by regular mail on Defendant on the date listed below, Patricia T. McAllister 1431 EnolaRoad Carlisle, PA 17013 SCHMIEG, LLP DATE: '-1/13 105 BY: >. '"I fl\\"i\.h\,.';:. . ..,N PI c,.,,>.. ,,',VI' a...L.r~'.~;!\:<." . .- ,.." = = en ". -0 = o "Tl -< I-n f"i'F -om :!J9 (2,0 '-" -~-n 0- zO ,jm 'c.t ~ -<: en -0 :::ll: N r' Ul VERIFICATION Michele M, Bradford, Esquire hereby states that she is the attorney for the Plaintiff in this action, that she is authorized to make this Verification, and that the statements made in the foregoing Plaintiffs Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa, C,S. 4904 relating to unsworn falsification to authorities, ...... DATE: PHELAN HALLINr & SCHMlEG, LLP BY: 5/23 oS Michele M, Bradford, Esquire Attorney for Plaintiff ...... , PHELAN HALLINAN & SCHMIEG, LLP by: Michele M, Bradford, Esquire Atty. LD, No, 69849 One Penn Center, Suite 1400 1617 JohnF, Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. 820 I Greensboro Drive, Suite 350 McLean, V A 22102 ATTORNEY FOR PLAINTJFF Court of Common Pleas Civil Division Plaintiff Cumberland County vs, No, 04-4548 Patricia T, McAllister 1431 Enola Road Carlisle, P A 170 J3 Defendant CERTIFICATION OF SERVICE I hereby certify a tme and correct copy of Plaintiffs Motion to Make Rule Absolute was served by regular mail on all interested parties on the date listed below: Patricia T. McAllister 1431 Enola Road Carlisle, PA 17013 '- Date: 5/23/65 N & SCHMIEG, LLP r?, Cl' <. --- - RECEIVED MAY 25 my' . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Mortgage Electronic Registration Systems, Inc, 8201 Greensboro Drive, Suite 350 McLean, VA 22102 Court of Common Pleas Civil Division Plaintiff No, 04-4548 vs, Patricia T, McAllister 1431 Enola Road Carlisle, PA 17013 Defendant ORDER AND NOW, this ~ I ~ day of fA."'Q ,2005, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the Rule entered upon Defendant is hereby made ABSOLUTE, and ORDERED and DECREED that Plaintiffs Motion for Equitable Conversion, which was filed with the Court on April 4, 2005, is GRANTED and that the property at 1431 Enola Road, Carlisle, PA 17013 with a tax parcel 1.D, number of 29-05-0427-003F is equitably converted to real estate and not subject to separation from land, J, " ~-:- ~ ~'\ ,.., f~ t ..p 1')0 "'1 !,!,l If' l '_'iliiv7 \J . p~ .'. ,-,\J :lC Court of Common Pleas PHELAN HALLINAN & SCHMIEG, LLP by: Michele M, Bradford, Esquire Atty, 1.0, No, 69849 One Penn Center, Suite 1400 1617 John F, Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc, 8201 Greensboro Drive, Suite 350 McLean, VA 22102 ATTORNEY FOR PLAINTWF Civil Division Plaintiff Cumberland County vs. No, 04-4548 Patricia T, McAllister 1431 Eno1aRoad Carlisle, P A 17013 Defendant CERTIFICATION OF SERVICE TO THE PROTHONOTARY: I hereby certifY that a certified copy of the Order granting Plaintiff's Motion for Equitable Conversion to Real Property was served by regular mail on Defendant on the date listed below, Patricia T, McAllister 1431 Enola Road Carlisle, PA 17013 DATE: hh/os PHELAN HALLINAN & SCHMIEG, LLP BY: Miche e M, Br ord, Esquire Attorney for Plaintiff Q ,- -","" C'~I ( (j- ~; ~ ......., = = <n <- c :z: o "'11 ...... :c rn:!J r' -urn 'oy ,~ :::{CJ ;;r:=r, ">'0 am --, )> -" :< w """ ::x o (Jl 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 Aurora Loan Services Inc 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 17th day of November, A.D" 2004, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 4548, at the suit of Mortgage Elect Reg Svstems Inc against Patricia T McAllister is duly recorded in Sheriffs Deed Book No, 270, Page 667 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ",,4 day of ~A,D, 20cl5, ~ f5. ~/ clor~ t;~eJ:;t;=~~:-~ Recorder of Deeds Mortgage Electronic Registration Systems, Inc, VS Patricia T, McAllister The Court of Common Pleas of Cumberland County, Pennsylvania Writ No, 2004-4548 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on December 20,2004 at 10:27 o'clock AM, 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: Patricia T. McAllister, by making known unto Patricia McAllister, personally, at 1431 Enola Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy ofthe same, David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on January 05, 2005 at 6:53 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 Patricia T, McAllister, located at 1431 Enola Road, Carlisle, 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: Patricia T, McAllister, by regular mail to her last known address of 1431 Enola Road, Carlisle, P A 17013, This letter was mailed under the date of December 29,2004 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 June 8, 2005 at 10:00 o'clock A.M, He sold the same for the sum of $1,00 to Attorney Daniel Schmieg for Aurora Loan Services, Inc, It being the highest bid and best price received for the same, Aurora Loan Services, Inc, of 60 15th Avenue, Scottsbluff, NE 69361, being the buyers in this execution, paid to SheriffR, Thomas Kline the sum of $835.4&, Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail $30,00 16.40 15,00 15,00 30,00 10,00 .50 1.00 10,36 6,63 Levy Surcharge Postpone Sale Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed $ 15,00 20,00 20,00 260,75 287,56 30,73 25,00 41.50 835,48 Sworn and subscribed to before me So ~: Th' >I:Y d f ~ ~ z;;~-W!!.~ ~ lS~ ayo aAi' ~~ q... .' _...- R, Thomas Klme, Shenff 2005, A.D, -r' fJ. JhJk..,~ j ~\ /..1 r thonotary BY , 0 ~_~~Vl Real Estate eputy ~v Jo.1J1) \,SO (.3- (/.t.~Ol.(. 1191.- ~,I MORTGAGE ELECTRONIC REGISTRATION' r SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. PATRICIA T. MCALLISTER CIVIL DIVISION NO. 2004-04548 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) . .~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plairttiffin 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, 1431 ENOLA ROAD, CARLISLE, PA 17013. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PATRICIA T. MCALLISTER 1431 ENOLA ROAD CARLISLE, P A 17013 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 1431 ENOLAROAD CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec, 4904 relating to unsworn falsification to authorities, November 10, 2004 DATE ~ (; ~rl.,.~ DANIEL G. SCHMIEG, ES DIRE Attorney for Plaintiff , MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, CUMBERLAND COUNTY Plaintiff, No.2004-04548 . v. PATRICIA T. MCALLISTER Defendant(s). November 10, 2004 TO: PATRICIA T. MCALLISTER 1431 ENOLA ROAD CARLISLE, P A 17013 ""THIS FIRM IS A DEBT COLLECTOR AITEMPTING 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 SHOUW NOT BE CONSTRUED TO BE AN AITEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A liEN AGAINST PROPERTY."" . Your house (real estate) at 1431 ENOLA ROAD, CARLISLE, PA 17013. is scheduled to be sold at the Sheriffs Sale on MARCH 2. 2005 at 10:00 a.m, in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $78;858.29 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, 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, J 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 obtairi 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 t..'1e Sherifi's Sale is not stopped, your property will be sold to the highest bidder, You may find out the price bid by calling (215) 563-7000, ' , 2, You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property, - 3, The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale, To find out if this has happened, you may call (717) 240-6390, 4, If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened, 5, You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer, At that time, the buyer may bring legal proceedings to evict you, 6, You may be entitled to a share of the money which was paid for your house, A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7 , You may also have other rights and defenses, or ways of getting your home back, if you act 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 AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION I\LL THAT CERTAIN tnll:t or parcel of land Ill1d premises, situate, lying and being in the TDWllSbip of Nurt)l Middleton in the Count)' of Cumberland Ill1d Commonwealth Df Penn5~lvania, more paltil.:ularly dcscrib"",,, a.~ roHows: BBGlNNING at a P()~ in lbe center of Penllsyl\'ania Highway Route 94{ the Enota Read,on the. dividing line bel.Wl:eD Lot Nos. 4 aud .5 on the hereinafter mcntiom:d Plan of Lots; thence by said dividillg line, South 14 degms 30 minures East, 392.89 feet to II point; thence South 79 _es II minutes Wc.~. 169,35 feet 10 i\ point; tb= by the dividing line between Lots Nos. 5 and 6 WI. said Plan of Lotll, NClrth 14 degrees 30 minutl:s West 381 feet to II point in the celller of PeIlllsylvania Highway Route 944, aforesaid; thence by the ceDlU of said road, North 75 degree~ 30 minutes EaSI, 159 feel to t!le place of begilllling, CONTAININO 1.499 acres, more C1t Ics". BEING Lot No. j On the Plan of LuIs of Mary G. Ronan. 1I$ recorded in the Office of the Itecorder of Deeds for Cumberland CGWlty in Plan Book 28. Page 20, TITLE 10 SAID PREMISES IS VESTED IN Patricia T. McAIlIncr, II single woman by Deed from lames A. Eldridge. and PhylUs I. Eldridge daled 513012000 and recorded 6/112(0) in ReJ::ard Book 222, Page 500, PROPERTY ADDRESS: 1431 ENOLAROAD, CARLISLE, PA 17013 TAX PARCEL: #05-0427 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-4548 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 PATRICIA T. MCALLISTER (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 from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify hirnlher that he/she has been added as a garnishee and is enjoined as above stated, Amount Due $78,858.29 L.L. $.50 Interest FROM 11/10/04 TO 3/2/05 (PER DIEM - $12.96) - $1,451.52 AND COSTS Atty's Comm % Due Prothy $1.00 Arty Paid $110.00 Plaintiffpaid Date: NOVEMBER 17, 2004 Other Costs CURTIS R. LONG (Seal) Proth:itry 9 l.,JIy: tv.. &' _ '~J7~'L, r- 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 #21 On December 01, 2004 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA Known and numbered as 1431 Enola Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 01, 2004 ByVCduSrvuth Real Esta& Deputy ~ ~ c~_c::::::a r::..{?) ~ d Ot. ~m~ I\~~l z,n :( . ..",,' ""..'\b~'t\YJ .. .,' \U.' '0 'vd '}..l.i,\,u~;\\l' jO 3:JU" :l:l1'tl3\1S" PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2,1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues ofthe said Cumberland Law Journal on the following dates, V1Z: January 14,21,28,2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ( c Jkv~ TO AND SUBSCRIBED before me this 28 day of January, 2005 ~J~} dt~J7~Aj REAL ESTATE IIAL!: 1'10. 21 Wrtt No. 2004-4548 CMI Mortgage Electronic Registration Systems, Inc. vs. Patricia T. McAllister Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract or par- cel of land and premises. situate. lytng and being in the Township of North Middleton In the County of Cumberland and Commonwealth of Pennsylvania, more particularly de- scribed, as follows: BEGINNING at a point in the cen- ter of Pennsylvania Highway Route 944. the Enola Road. on the divid- ing line between Lot Nos. 4 and 5 on the hereinafter mentioned Plan of Lots; thence by said dividing line, South 14 degrees 30 minutes East. 392.89 feet to a point: thence South 79 degrees 11 minutes West, 169- .35 feet to a paint; thence by the dividing line ber-.veen Lots Nos. 5 ann 6 on said Plan of Lots, North 14 degrees 30 minutes West 381 feet to a point in the center of Pennsyl- vania Highway Route 944, aforesaid: thence by the center of said road, North 75 degrees 30 minutes East, 169 feet to the place of beginning. CONTAINING 1.499 acres. more or less. BEING Lot No. 5 on the Plan of Lots of Mary G. Ronan, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 28, Page 20. TITLE TO SAID PREMISES IS VESTED IN Pamcia T. McAllister, a single woman by Deed from James A. Eldridge. and Phyllis J. Eldrtdge dated 5/30/2000 and recorded 6/ 1/2000 in Record Book 222. Page 500. PROPERTY ADDRESS: 1431 Enola Road, Carlisle. PA 17013, TAX PARCEL: #05-0427. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Conunonwealth of Pennsylvania, County of Dauphin} ss James L. Clark, being duly sworn according to law, deposes and says: That he is the Accounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Conunonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday! Metro editions which appeared on the 18th and 25th day(s) of January and the 1st day(s) ofFebmary 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "MOO, Volume 14,Page317. / /1 / (/ It PUBLICATION ................................................1''''............................................ COPY SALE#21 Sworn to and subscribed before e NOTARIAL Terry l. Russell, N Oty of HOrrlsburg, Do My Commission Expires June 6, Y PUBLIC Member, P.nn'YI,.nlaAs'oM'fe8~!I!f:m expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 287.56 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the sarne have been duly paid. By.................................................................... IIML ESl'ATE ULE No. 21 WtttNo.2111 __ CIvIl_ Mortgege .EIecIronIc Regf,jb, . "..AI SJ*ma, Inc. v. Pllblcl8T. ~ AItr- - ScIHMIlI DBSCRlPTION AI.L TIIAT CEIlJ'AJN _ or poo:el of land 1lIIII~_.lyiogllllll......in1be TO!II>lIIip of _ MiddIcloo in 1be Ceomty of CUllb,erland and Com~moRwealtll of Pamsyhaoia. .... paItipl1ar1y deOcriIled, " - JIF1lINN1Nli at . poioI in 1be C<IIIel of 1'<lIos/l- llighway llbuIe 9+1. 1be Falla lload,..1bedMdiDgJiDobelweeoLoiNoo.41l1111 511l1be_....tiouedPlanofLols; lbence by oaiddivid-iug 1iDe. Soudt 14dogJeos JO "'"'- p.,~ J92.89 feet to . poiDI; lbence Soudt 79dqpoea 11_ __ Hi!l35. feet to .poiDI;lbence by 1bedividint IiDebo<wm lois N05..51l1111611laaidPlanofLols,_14 dqpoeaJO.__V(cIl:l81feetto.poioI.intbe - of ~ HiP-way llbuIe 944. lIf1n!Iid:~by1IIoCflWofaaidroad,_ 7S~"""EoaI.I69feetto1beplJce of BllliINNING. CON'I'AINJNo 1.499...... _Itoa. BllIN<l Lot No. 5 1Il1be Plan of LoIs of IfalyG.ROOm,.._in1beOlli<eoftbe ~ ot.DeelIs.fur ComberIIlIIII Coooty in PIao_ 28; PI&e 20. =.1'0 SAID pmoiaca ia _ in _T.M<AlIiaIer,'siuP_byDeed 1iom1amosA.F.JdridF,IlIIIIPIlyIliaJ.Eidridp: _ SIlOOOOlIlllll '""""-d 6/1/2000 io a-d _222. PI&e 500. I'ROI'IlKI'Y AIlDKF.lS: 1431 EooIa Rood. CarliaIe.PA17013. ; 1ix Pm:eIIIOS-Il427.