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HomeMy WebLinkAbout04-4668FEDERMAN 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff MAX L. SILV1S, III LAURIE A. SILVIS 1045 WAYNE AVENUE CARLISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. Ot/- CUMBERLAND COUNTY Defendants 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 act/on within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney mad 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 properly or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1~ YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 Fi/e#: 97402 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. File #: 97402 Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1NC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal tire to the mortgage that is the subject of this action, and nominee for the entity indicated below, wb/ch is the owner of the entire beneficial interest in the mortgage COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 The name(s) and last known address(es) of the Defendant(s) are: MAX L. SILVIS, III LAURIE A. S1LVIS 1045 WAYNE AVENUE CARLISLE, PA 17013 who/s/am the mortgagor(s) and real owner(s) of the property hereinafter described. On 05/28/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1814, Page No. 130. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 97402 The following amounts are due on the mortgage: Principal Balance Interest 10/01/2003 through 09/15/2004 (Per Diem $14.69) Attorney's Fees Cumulative Late Charges 05/28/2003 to 09/15/2004 Cost of Suit and Title Search Subtotal $96,141.03 5,156.19 !,250.00 1,301.85 $ 550.00 $104,399.07 ESCROW Credit 0.00 Deficit 410.01 Subtotal $ 410.01 TOTAL $104,809.08 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event ora third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 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 $104,809.08, together with interest from 09/15/2004 at the rate of $14.69 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. By: FEDERMaAN AND PHELAN,~LLI? ! FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 97402 ALL THAT CERTAIN, PARCEL OR TRACT OF LAND SITUATE IN NORTH MIDDLETON TOWNSHIP CUMBERI~AND COUNTY, PENNSYLVANIA, MORE PARTICULARY BOUNDED AND DF, SCP./B~D AS FOLLOWS, TO WIT: ON THE SOUTH BY WAYNE AVENUE; ON THE EAST ~Y LOT NO. 2 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; ON THE NORTH BY LAND NOW OR FORMERLY OF M/ILLIAM BOYER; AND O~ ~E W~T BY LOT NO. 4 ON THE HEREINA~ER ME~[ONED PLAN OF LO~ ~D ~VING A ~O~AGE OF 70 FEET ON WA~E AVENUE AND EXTENDING AT THE S~E W~ ~ DE~H i~ FEET, T.E AROVE VESCmaEO tancr OF ~ANO Is nL~ Or rot ~O. Z ~ S~OWS O~ rant c~rn~n rr~ Or ~o~ OF~CE IN PLAN B~K 4, PAGE 53, ON WHICH THERE IS ER~TED A ~mCg SEMI-~G~W ~OW~ ~S ANn ~v~o I~s WA~ AW~V~C~tSL~ e~S~V~ p~SES BEIHG: 10~5 ~A~ A~ VERIFICATION MICHAEL D.VESTAL hereby states that he is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC. mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made m the foregoing Civil Action in Mortgage Foreclosure are tree and correct to thebest of his knowledge, information and belie£ The undorsigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relaling to unsworn falsification to authorities. DATE: SHERIFF'S CASE NO: 2004-04668 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTR3tT VS SILVIS MAX L III ET AL RETURN - REGULAR RICHARD SMITH , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE SILVIS MAX L III DEFENDANT , at 1438:00 HOURS, at 1045 WAYNE AVENUE CARLISLE, PA 1701.3 LAURIE SILVIS, WIFE a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 27th day of SeDteraber, __ together with by handing to 2004 and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing 18 Service 3 Affidavit Surcharge 10 31 00 70 00 00 00 70 Sworn and Subscribed to before me this ~ day of Pr6thonot ary -- So Answers: R. Thomas Kline 09/28/2004 FEDERMANBy: & PH~ Deputy Sheriff SHERIFF'S RETURN - CASE NO: 2004-04668 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS SILVIS MAX L III ET AL REGULAR JODY SMITH , Cumberland County, Pennsylvania, says, the within. COMPLAINT - MORT FORE was served upon SILVIS LAURIE A the DEFENDANT , at 0930:00 HOURS, on the 27th day of September, at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 LAURIE SILVIS a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, by handing to together with - MORT FORE 2004 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ day of ~c~.~ ~D~ A.D. notary '~ So Answers: R. Thomas Kline 09/28/2004 FEDERMAN & PHELAN By: ~j~/~ Depu~ Sheriff FEDERMAN 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 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, MAX L. SILVIS, IH LAURIE A. SILVIS Defendant(s). : NO. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION 04-4668 CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against MAX L. SILVIS, III and LAURIE A. SILVIS, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and ~sess Plaintiffs damages as follows: As set forth in Complaint Interest from 9/16/04 to 11/10/04 TOTAL $104,809.08 $822.64 $105,631.72 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. .JYANIEL G. SCHMIEG, ESQUIRE( A~ ' ttomey for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA~)D. ~~_~~ PRO PROTHY FEDERMAN AND PHELAN, LLP By: Lawrence T. Phelar~ Esq., Id. No. 32227 Francis S. Hallman, 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, PA 19103 (215) 56'~-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff Vs. MAX SILVIS, III LAURIE A. SILVIS Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 044668 CIVIL TERM TO: LAURIE A. SILVIS 1045 WAYNE AVENUE CARLISLE, PA 17013 DATE OF NOTICE: OCTOBER I 9, 2004 FILE COP Y THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.' THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 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, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY MAX SILVIS, III LAURIE A. SILVIS Defendants TO: MAX SILVIS, IH 1045 WAYNE AVENUE CARLISLE, PA 17013 : NO. 04-4668 CIVIL TERM DATE OF NOTICE: OCTOBER 19, 2004 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR' THAT pURPOSE.IF you HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, 'BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN ;TEN DAYS FROM THE DATE OF THIS NOTICE, A $UDGMENT MAY BE ENTERED AGAINST YOU WITHOUT'A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY 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: 2004-04668 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS SILVIS M~ L III ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT MORT FORE was served upon SILVIS MAX L III the DEFENDANT , at 1438:00 HOURS,~ on the 27th day of September, 2004 at 1045 WAYNE AVENUE CARLISLE, PA 17013 by handing to LAURIE SILVIS, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 3 70 00 10 00 00 31 70 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline o /28/2o64 FEDERMAN & -By: Deputy Sheriff Prothonotary SHERIFF' S RETURN - REGULAR 'CASE NO: 2004-04668 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS SI,.¥~S M~XX L III ET ~ JODY SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SILVIS LAURIE A the DEFENDANT , at 0930:00 HOURS, on the 27th day of September, 2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to LAURIE SILVIS 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 09/28/2004 FEDBRMA_~ & PHELAN Depu~ Sheriff Prothonotary PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. MAX L. SILVIS, III LAURIE A. SILVIS Defendant(s). No. 04-4668 CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 11/11/04 to MARCH 2, 2005 (per diem -$17.36) TOTAL $105,631.72 $1,944.32 and Costs $107,576.04 IEL G. SCHMIEG, ESQUIRE 4 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. ALL THAT ¢i~R*Z'AIH, P,4.P.C~L OR TRACT OF LAN:l) SITUATE Jlq NORTLi MIDDLE, TON'I*OWN~FIIP C:U~IB~ C"OU]q'r~, P~VANIA. MORg PARTIC'ti'LAI¥ BOUNljlr:r) AND D2SC~ AS TO WT'r: ~.N/'lie SOTJTH ]fy WAVN£ AY F, NU]~ O~ THE, K&RT BY LOT NO. Z ON THE, ~I~B,]UNAF]T,R OF LOTSi, ON 1'H£ KORTH BY LA~ D NOW O~. FORMERLY Ol~ WILLIAM BOYglt; AND Olq YHE WEST BY LOT NO. 4 ON THE H~AF'I'~P, MF-.NTIOOID PLA~ OJ~ ~ AND IL4,¥JNO A FJ~ONTAGI~ Ol VeltKt by~ ~g~l Wavran~, [}~d dasd St/'/,ql3, ~iv~n !~ T~ L, Al~lan~! zed K~' L,. &ldam~ Jmsbas~ nlm wife TAX PARCEL#29-18-1367-053 FEDERMAN PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MAX L. SILVIS, IH LAURIE A. SILVIS Plaintiff, Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-4668 CIVIL VERIFICATION OF NON-MILITARY SERVICE' DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attomey for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowl6dge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant MAX L. SILVIS, IH is over 18 years of age and resides at, 1045 WAYNE AVENUE, CARLISLE, PA 17013 . (c) that defendant LAURIE A. SILVIS is over 18 years of age, and resides at, 1045 WAYNE AVENUE, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. ~3'ANIEL G. SCHMmG, ESQUIRI~ Attorney for Plaintiff FEDERMAN PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, MAX L. SILVIS, IH LAURIE A. SILVIS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF coMMoN PLEAS CIVIL DIVISION NO. 04-4668 CIVIL 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 unswom falsification to authorities. L G. SCHMIEG, ESQUIRE Attorney for Plaintiff "' MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. MAX L. SILVIS, III LAURIE A. SILVIS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION. NO. 04-4668 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Pra, ec!pe for the Writ of Execution was filed the following information concerning the real property located at, 1045 WAYNE AVENUE, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please irtdicate) MAX L. SILVIS, III 1045 WAYNE AVENUE CARLISLE, PA 17013 LAURIE A. SILVIS 1045 WAYNE AVENUE CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Nalne 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: Nanle Last Known Address (if address cann6t 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: NalTle Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 1045 WAYNE AVENUE CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. November 10, 2004 DATE G. SCHMIEG, ESQUIRE 0 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. MAX L. SILVIS, IH LAURIE A. SILVIS Defendant(s). TO: MAX L. SILVIS, III 1045 WAYNE AVENUE CARLISLE, PA 17013 CUMBERLAND COUNTY No. 04-4668 CIVIL November 10, 2004 LAURIE A. SILVIS 1045 WAYNE AVENUE CARLISLE, PA 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, 1045 WAYNE AVENUE, 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, PA 17013, to enforce the court judgrnent of $105,631.72 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the bacl~ payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: {215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an 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 th~ 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 Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav 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 ALL TilAT TO w~ OF ~i ~ TH~ ~RTff BY ~ D NOW O~ ~Y O~ WIL~ ~Y~; ~D UN ~E W~ ~ L~ ~O. 4 ON ~g n~'~ M~E~ F~ O~ ~ ~ I~V~A ~O~A~ OAF ~0 FEET ON WAYN~ A~K ~D *1't~ ~ D~ TAX PARCEL#29-18-1367-053 11/18/04 THU 09:41 FAX 2154050180 FEDERMAN&PHELAN ~001 FEDERMAN AND'PHELAN, L.L.P. One Penn Center at Suburban Station 1617 John F. Kennedy Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Main Fax 215-$63-5534 Peter J. Tremper Legal Assistant, Ext. 1481 November 18, 2004 Office of the Sheriff Cumberland County Courthouse 1 Courtl~ouse Square Carlisle, PA 17013 ATTENTION: JODY Re~ Representing Lenders in Pennsylvania and New Jersey FAX: 717-240-6397 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. v. MAX L. SILVIS, IH & LAURIE A. SILVIS No. 04-4668 CIVIL Premises: 1045 WAYNE AVENUE, CUMBERLAND, PA 17013 Dear 1ody: Please STAY the Sheriffs Sale of the above referenced property, which is scheduled for MARCH 2, 2005_. The sum of $2,930.22 was received in consideration for the stay. Please return the original writ of execution to the Prothonotm'y as soon as possible. Very truly yours, Peter J. Tremper Il/Iq -