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HomeMy WebLinkAbout04-5060 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. 0" -~C4t> Cl~'{ ~f.R.J,. v. CUMBERLAND COUNTY TIFFANIM. STONER MICHAEL STONER 12 ADAMS STREET ENCOLA, P A 17025 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 action within twenty (20) days after this complaint and notice are served, by entering a written appearance personalJy 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 Jose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA ]7013 (800)990-9108 File #: 9988 I File #: 99881 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 THA T YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MA Y OBTAIN AN EXTENSION OF THA T 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, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2. The name(s) and last known addressees) ofthe Defendant(s) are: TIFFANIM. STONER MICHAEL STONER 12 ADAMS STREET ENCOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 02/25/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1855, Page: 1193. 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 06/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 99881 6. The following amounts are due on the mortgage: Principal Balance Interest 05/01/2004 through 10/06/2004 (Per Diem $13.23) Attorney's Fees Cumulative Late Charges 02/25/2004 to ] 0/06/2004 Cost of Suit and Title Search Subtotal $80,458.Q9 2,103.57 1,250.00 115.62 $ 550.00 $ 84,477.28 Escrow Credit Deficit Subtotal 0.00 287.12 $ 287.12 TOTAL $ 84,764.40 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 rem Judgment against the Defendant(s) in the sum of $ 84,764.40, together with interest from 10106/2004 at the rate of $13.23 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. ND PHELAN, LL~ J //7 _ . <;;## L-. By: Isl nc, . a linan .. FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERM File #: 99881 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly described in accordance with a survey and plan thereof made by Ernest 1. Walker, Professional Engineer, dated August 2 I, J 976, as follows: BEGINNING at the southeast comer ofa 12 foot wide alley and West Adams Street; thence along the south side of West Adams Street, North 78 degrees 30 minutes East, 25 feet to a comer of premises known as 10 West Adams Street; thence along said premises and passing through the center of a partition wall, South I J degrees 30 minutes East, 150 feet to a point on the north side of a 12 foot wide alley; thence along the same, South 78 degrees 30 West, 25 feet to a point on the east side of the first said 12 foot wide alley; thence along the same, North 11 degrees 30 minutes West, ]50 feet to the point and place of BEGINNING. BEING NO. 12 ADAMS STREET. File #: 99881 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction ofthe court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. c. S. Sec. 4904 relating to unsworn falsifications to authorities. ~< //tY~ Francis S. Hallinan, Esquire Attorney for Plaintiff DATE:_ fal ~ f + ~ {g, (i::) 0 i-#-'l~ f ~ ~ (} ~ ;; t; ~ - ~ --.. ft 1- .: iG 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 2004-05060 TIFF ANI M. STONER MICHAEL STONER Defendant( s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against TIFF ANI M. STONER and MICHAEL STONER, 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 10/6/04 to 11129/04 TOTAL $84,764.40 $727.65 $85,492.05 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. ~r 6.J.~~~ DANIEL G. SCHMIEG, ES'QUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA3f. D. _ l /J DATE J/..b(),JO ux>'1 {}~~ :k.~ ( PROPROTHY C/ FEDERMAN AND PHELAN, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Sclunieg, Esq., Id. No. 62205 Thomas M. Federman, Esq., Id. No. 64068 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (21 'i) 'i61-7000 Mortgage Electronic Registration Systems, Inc. Plaintiff A TIORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : Cumberland COUNTY Tiffani M. Stoner Michael Stoner : NO. 04-5060 Civil Term Defendants TO: Tiffani M. Stoner 12 Adams Street Encola, P A 17025 t il..L OUr t DATE OF NOTICE: November 17, 2004 THIS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATIEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEMPT 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 WRITfEN APPEARANCE PERSONALLY OR BY ATIORNEY 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 HA VB A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIREAttorneys 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. Fedennan, Esq., Id. No. 64068 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (21:Ci) :Ci6~-7000 Mortgage Electronic Registration Systems, Inc. Plaintiff A TIORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CML DMSION Vs. : Cumberland COUNTY Tiffani M. Stoner Michael Stoner : NO. 04-5060 Civil Term Defendants TO: Michael Stoner 12 Adams Street Encola, P A 17025 FilE COpy DATE OF NOTICE: Novemher 17, 2004 THIS FIRM IS A DEBT COLLECfOR ATIEMPTING TO COLLECf A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECf THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECf A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITIEN 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 ACf 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 ALA WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR ~CASE NO: 2004-05060 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS STONER TIFFANI M ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE STONER TIFFANI M was served upon the DEFENDANT , at 1806:00 HOURS, on the 27th day of October ,2004 at 12 ADAMS STREET ENOLA, PA 17025 TIFFANI M. STONER 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 18.00 11.10 .00 10.00 .00 39.10 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: -~ .-.' ..;y'. ~' /-'" .......-:-~.-- t....P<,;;:.,{""~ .~~ ..::- ./~~" 1" ,,-;...'.?4:,-r-:-r.....c_<. ~1" ~ ~ R. Thomas Kline 10/28/2004 FEDERMAN & PHELAN By: _ t/,d,- Vv--- . .. Deputy Sheriff. SHERIFF'S RETURN - REGULAR -CASE'NO: 2004-05060 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS STONER TIFFANI M ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STONER MICHAEL the DEFENDANT I at 1806:00 HOURS, on the 27th day of October 2004 at 12 ADAMS STREET ENOLA, PA 17025 by handing to TIFFANI M. STONER, ADULT IN CHARGE 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: 6.00 .00 .00 10.00 . .00 16.00 .- ",--- of;'';' - ...P'_. .;_:'~_:; :,:'" ~";- ",;"'.-,~.-.,_!,.,.;~ ./ ~;.(' ~}$.<"::".::;j;"."J'" --.-~..-,,;,-~~' R. Thomas Kline 10/28/2004 FEDERMAN & PHELAN Sworn and Subscribed to before By: Y;L" M: Deputy SheriY{ me this day of A:D. Prothonotary FEDERMAN PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, P A 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 2004-05060 TIFF ANI M. STONER MICHAEL STONER Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant TIFF ANI M. STONER is over 18 years of age and resides at , 12 ADAMS STREET, ENCOLA, PA 17025. (c) that defendant MICHAEL STONER is over 18 years of age, and resides at, 12 ADAMS STREET, ENCOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~J G .~~ DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises. situate, lying and being in the Township {'If East Ptmnshoro, in the County of Cumberland, and Commonwealth of PellIlSylvania, more particularly described in 3i:cordance with a survey and plan thereof made by Erocst J. Walker. Professional Engineer. dated August 21. 1976, as follows: BEGlNNING at the Southeast corner of a (2 foot wide aUey and West Adams Street; the.nee along the South side of West Adams Street. North 78 degrees 30 minutes East, 25 feet to a comer of premises known as lOWest Adam.~ Street; thence along said premises and passing wough UIe center of a partition walt South 1 t degrees 30 minutes East, 150 feet to a point on the North side of a 12 foot wide alley; thence along the same, South 78 degrees '30 minute:>> West 25 feet: to a point on the Ease side of the (lIst said 12 foot wide alley; thence along the same, NQrth 1] degrees 30 minutes West. 150 feet h) tbe point and place of BEGINNING. HA VINO nlfiREON ERECTED a two and orre-half story frame dwelling known as 12 W. Adams Street, finola., Pennsylvania. PROPERTY ADDRESS: 12 ADAMS STREET, ENCOLA, PA 17025 TAX PARCEL: # 09-16-1050-021 I' -r-~ ~ ~ ~ /CJ D '(Q t1t-'t~ a--~()) \') ~ ~ ~ ~ ~ ~ 12 ~ J:- ~ 0, ~ ^ -- <-.J' I 2'" () ~~ ~:,; c:;:.) .; .t:- .., n o 'I' :;;~ :-:! C:::J '}t- -n -<: I 'p:: c:...) -rJrn o ~~.~ Y :!~ ;!':) -n C") ;'" : [Tl ~~.~ -;;.. :~"~ ::::i ;r:-= -< ~ ~ c FEDERMAN PHELAN, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, P A 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION TIFF ANI M. STONER MICHAEL STONER NO. 2004-05060 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. ~G.~~<J' DANIEL G. SCHMIEG, l!SQUIRE Attorney for Plaintiff (") ......, 0 c:..-:> c: c:::> ,,'1 -:.w ..c- . " =. -I <1'....._ :L-n a rn r:." <::: "c.,m C.~) =f; C? c:> (::-~~~) :?:: ~I~ -~ i c:: -"".. ;,;~?~~ ~~"~ :'~3 1'-.) ~~ -... .....J PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. No. 2004-05060 TIFF ANI M. STONER MICHAEL STONER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $85,492.05 Interest from 11/29/04 to MARCH 2, 2005 (per diem -$14.05) $1,306.65 and Costs TOTAL $86,798.70 ~G p~'p DANIEL G. SCHMIEG, ES~UIRE 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, >- cr ~~~ (~]~f .:t~c o[::~ I __. 00: wD.. i';";;!tu '-::r: 1-- LI_ D ~~ oz oo~ <~ ~~ ~oo ~z Zz o~ ~~ ~ " oi: uz ~~ 00 ~u ~Q ~z 0< U; ~~ == ~~ z~ .....u ~ N .... .,- ?~ ':~~) -, - i -')21 '1: rf? v~ -:-;l""; :';)~~ <'>(:.::: --, o ,.- :f;; Q C'? ;::.. a :it::: -::r- C:::) <:::::> C'-.I u UZ .......... Z " 000 ~~ ~~ U~ ~oo ~~ ~oo ~z ,,9 <~ ,,~ ~~ o~ ~" ~ t ~ (J o G ~ ~ .... ~~ ~~ Zz 00 E-<~ 0000 ~~ .....~ z< <= ~u ~..... .....~ ~ Z o ..... ~ ~ U ~- ~ ~ ~ = ('-l ~ c:> o~ a.l ~ - sar: ~ ~ ~~ 01:: ~ c:> ~6 ~ ..... U ~ ~ .]~ ....... ~ ~ <1] .t:l.; \:)1-; r.8 JI < -i;:j <!) - ~ It) It) N N Q Q r--r-- -- << ~~ << ~~ 00 uu zz ~~ ~~ ~~ ~~ ~~ 0000 0000 ~~ ~~ N N - - rJ) rJ) <!) I-; "Cl "Cl < \- ('V) ~ ~ r0 ~~ --d <!) t: <!) rJ) <!) ..0 ~ S rJ) I-; <!) ~ 0.. ~ ~ .....0. ~ ~ VJ ........ 1 A + j cJ ~ ~ ~ a (Y. LEGAL DESCRIPTION ALL THAT CERTAIN tract or pan.'tl of land and premises, situate, lying and being in the Township ()f East P~nnshoro, in the Coumy of Cumberland, and Commonwealth of Pel11lliJ'lvania. more p~rticular)y described ilt accordance with a survey and plan thereof made by F..rnest J . Walker, Professional Engineer, dated August 21. 1976, as follows: BEGINNING at the Sootheast comer of .:it 12 foot wide alley and West Adams Street; thence along the South ~lde of West Adams Street. North 78 degrees 30 minutes FASt, 25 feet to a COtner of premises known as 10 WeSt Adams Street; thence along said premises and passing through the center ()f a panition wall. South 11 degrees 30 minutes East, ISO feet to a point on the North side of a 12 foot wide alley; thence along the same, South 18 degrees 'JQ minutes West. 25 feet lO a point on the East side of the flest said 12 foot wide alley; theuce along the same, North 11 degrees 30 minutes West, 150 feet to tbe point and place of BEGINNING. HA VINO TIIEREON ERECTED a two and on~-half story fraDie dw~1Jjng known as 12 W. Adams Street. Bnola. Pennsylvania. PROPERTY ADDRESS: 12 ADAMS STREET, ENCOLA, PA 17025 TAX PARCEL: # 09-16-1050-021 "," .. ~ S~~ --.J \~ N ~ cl .......... Q --- 0.J U\ ~ '}- '<! ~ N ~ ~ c?\~ - ~ So D ~ce ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5060 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 TIFFANI M. AND MICHAEL STONER, 12 ADAMS STREET, ENOLA PA 17025. (I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 12 ADAMS STREET, ENOLA PA 17025. (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 $85,492.05 L.L. $.50 Interest FROM 11/29/04 TO 3/2/05 at $14.95 per diem = $1,306.65 Atty's Comm % Due Prothy $1.00 Atty Paid $137.JO Other Costs Plaintiff Paid Date: NOVEMBER 30, 2004 (Seal) Prothon~tary By: A~. / CURTIS R. LONG )J/ REQUESTING PARTY: ~~ Deputy Name DANIEL G. SCHMIEG, ESQ. Address: ONE PENN CENTER @ SUBURBAN STATION 1617 JFK BLVD., STE 1400, PHILA P A 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ill No. 62205 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION TIFF ANI M. STONER MICHAEL STONER NO. 2004-05060 Defendant( s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 12 ADAMS STREET. ENCOLA. P A 17025 . 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TIFFANI M. STONER 12 ADAMS STREET ENCOLA, PA 17025 MICHAEL STONER 12 ADAMS STREET ENCOLA, P A 17025 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: 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 12 ADAMS STREET ENCOLA, PA 17025 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 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 statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. November 29,2004 DATE ~ (; .J.-dmu:4 DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff -.., (") ,..,., 0 = ,...- c.,;:) -n ~:;.; ....- -,.. --I r:: 25 ::r:: -;, : ; , < cni"'.. -rlm c." :r:J(~ _0'. C) R~ !::: , ) ~::! N ~:o -.) -,< MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 2004-05060 v. TIFF ANI M. STONER MICHAEL STONER Defendant(s). November 29,2004 TO: TIFFANI M. STONER 12 ADAMS STREET ENCOLA, PA 17025 MICHAEL STONER 12 ADAMS STREET ENCOLA, P A 17025 * *THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN A GAINST PROPERTY. * * Your house (real estate) at ,12 ADAMS STREET, ENCOLA, PA 17025, is scheduled to be sold at the Sheriff's 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 $85,492.05 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: 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale ifthe bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the 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, P A 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land aud. premises, ~ituat~, lying aoo being in tl.c Townsbip of EaM Pt:mlsooro, in lbe Coumy of Cumberland, and CommonweaJth of Pell11S)'lvilnia. more particularly describod in accordance with a survey and plan thereof made by Hrnest 1. Walker. Professional Engineer, dated August 21, 1976, as f(,lllows: BEGINNING at the Southeast comer of a 12 foot wKie aile)' and West Adams Str~: thence along the Sourh liidr;;- of 'Vest Adams Street, North 78 degrees 30 minutes East. 2.5 feet to a comer of premises kl1O\'I'I1 as 10 West Adams Street:; thence along said premises and passing t:brough the center of a partition wall, South 11 deglocs 30 minutes East, 150 feet to a point on the North side of a 12 foot wide alley: thence along the same, South 78 degrees:30 minutes West, 25 feet to a point on the East side of rIle first said 12 foot wide alley; thence along the same. North 11 degrees 30 minutes West, 150 feet 10 the point and place of BEGINNING. 11:\ VINO THEREON ERECTED a two and one..fullf story frame uwdling known as 12 W. Adams Street, Enola, Pennsylvania. PROPERTY ADDRESS: 12 ADAMS STREET, ENCOLA, PA 17025 TAX PARCEL: # 09-16-1050-021 n t-..:l <::;::) 0 f: C:7:.) -11 ..r..- , :;c: --j ,. ! C) _e..-n <.~ 111f-::' <:.,., -r,rT1 CJ ~~; :n- i , ",,'nl c I.. ,) :~~~ -.~ "1~..." ::~ N S') -.l -< AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY PJT No. 2004-05060 oc DEFENDANT(S) TIFF ANI M. STONER MICHAEL STONER ACCT. #1969224015 SERVE TIFFANI M. STONER AT 12 ADAMS STREET ENtrOLA, PA 17025 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 2, 2005 -. ~RVED -r-: JkN 'I J J ~tjo tJ ~f\- Served and made known to -LID .... 1"1. , Defendant, on the at C, 1.'03, O'clOCk-f.m., atJ ;;( A~v.o..'"::> ~'./ f:"' J'vo~ of Pennsylvania, in the manner described below: p {f,. dayof fj..C. ,200'f , Commonwealth ~Defendant personally served. I ( .\ ~Adult family member with whom Defendant(s) reside(s). Name and Relationship is [;1 0':> ~~ ~ Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. JAt~~ \ ~~O\J~"- Other: Description: Age~ HeightL Weight-'-.2P Race Wl-. Sex~ Other tV" j~:>S ~ f I, g a"t"'~ ~ h- 0<<ls11 '"tv: a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set er in, issued in the captioned case on the date and at the address indicated above. ES OF SERVICE ATTEMPTED. Sworn to and subscri~d be~[)e this ~~y of e,-, , 200!t' Nota~ ~~ By: PLEASE ATTEMPT SERVd:E AT LEA NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 2nd Attempt:_ / / Time: 1 st Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - LD. No. 62205 o c..:. .... -otr, fT'r,', z:;,.. :;?-C. U)!., -<['~, t;;:. '-- "J::> (- ~7 ,,' ""-,C' "=;C 7.~ :.2 ~ g .s:'" ~ ("") N c:t:l .. ~ ..-t ~-n rn'P: -0\11 ~CJ ~b :;:;f-r. 6:!l :z~ S ~ ~ -0 :x: r:? :;- c;J . . AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. PJT DEFENDANT(S) TIFF ANI M. STONER MICHAEL STONER No.2~ ACCT. #1969224015 SERVE MICHAEL STONER AT 12 ADAMS STREET ENeOLA, PA 17025 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 2, 2005 ,I I r> ( SERVED ~~ Served and made known to JAA i~(. ( ~~(, ~ , Defendant, on the /;;Z ,200lfat ~.' o~ O'Clock~.m., at ~;;).. 'A ~\.M." ~~, I E'}-'C \~ , Commonwealth of Pennsylvania, in the manner described below: '" Defendant personally served. -r- Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. day of 0 Q.. c: . Other: ( J "7/ .AA J \ \a~S-e ~ Description: Age 3t2 Height ~ Weight .J...iQ Race W ~ Sex VY \ Other fV j I,C~VC~ Q L., ~&1 J~~mpetent adult, being duly sworn according to law, depose and state that I personally handed a true and corred copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. NOTARIAL SEAl. LUCIJLE H. CARTY, Notary PublIc 'ny , Frankln Countv - New. 10, 200t NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 2nd Attempt:. I I Time: 1 sf Attempt: I I Time: 3 rd Attempt: I I Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - LD. No. 62205 (") -o~ cpr.:;:: .~ -"- - fr. ./~-:r" C.I} ':. ~e~, ~c: -=c, )>c ~ ~ c:::> c::::t .&- o ,." ('"") N co ~ ......J I-r; m- Fn j}o 06 --i -r. :r: .1 '~o Om -I -~. :iJ -< -0 ::ir: N .. .z:- ex> IN'THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ) CIVIL ACTION ) vs. TIFFANI M. STONER MICHAEL STONER ) CIVIL DIVISION ) NO. 2004..05060 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 12/3/04 true and correct copies ofthe Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: Januarv 14. 2005 ~.-; ~€. ~ 'i. c~ '{;~ ~^ ",0 ~~ ~ "!i; 0,,7- ...t~ rc';t~ ~ '" S 0. '" ~ \!i. 0. 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SHERIFF'S RETURN - REGULAR CASE NO: 2004-05060 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS STONER TIFFANI M ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STONER TIFFANI M the DEFENDANT , at 1806:00 HOURS, on the 27th day of October ,2004 at 12 ADAMS STREET ENOLA, PA 17025 by handing to TIFFANI M. STONER 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 11.10 .00 10.00 .00 39.10 ~^""("l-:~/ ..//~ ? ~&/'~<~~ R. Thomas Kline 10/28/2004 FEDERMAN & PHELAN Sworn and Subscribed to before By: tI iL- Vv- Deputy Sheriff me this ,,'!!: day of A.D, ... , . SHERIFF'S RETURN - REGULAR CASE NO: 2004-05060 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS STONER TIFFANI M ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STONER MICHAEL the DEFENDANT , at 1806:00 HOURS, on the 27th day of October , 2004 at 12 ADAMS STREET ENOLA, PA 17025 by handing to TIFFANI M. STONER, ADULT IN CHARGE 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: So Answers: Docketing 6.00 Service .00 --;<:- Affidavit .00 'f ;j-~~' Surcharge 10.00 R. Thomas Kline ,00 16.00 10/28/2004 FEDERMAN & PHELAN Sworn and Subscribed to before k:> me this if -- day of CrH......,ul 1.AJvtl _ A.D. ~'" Q In, pp,~ ~JcP:: P othonotary I - r J By: Y;L'~ Deputy Sheri f Mortgage Electronic Registration Systems, Inc. VS Tiffani M. Stoner and Michael Stoner In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-5060 Civil Term Ron Kerr, Deputy Sheriff, who being duly sworn according to law, states tha on December 06, 2004 at 3:40 o'clock PM, he served a true copy ofthe within Real Est te Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Tiffani M. Stoner and Michael Stoner, by making known unto Michael Stoner, personally and adult in charge for Tiffani Stoner, at 12 Adams Street, Enola, Cumberland County, Pennsylvania, its contents and at the sam time handing to him personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, stat that on January 03, 2005 at 2:50 o'clock P.M., she posted a true copy of the within al Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Tiffani M. Stoner and Michael Stoner, located at 12 Adams Street, Enol 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 ofthe pendency of the action to the within nam d defendants, to wit: Tiffani M. Stoner and Michael Stoner, by regular mail to their las known address of 12 Adams Street, Enola, P A 17025. These letters were mailed un r 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 this it is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 13.05 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 22.20 Levy 15.00 Surcharge 30.00 /0 \'? I }.\. /b .7" ~'1,1'> G {l \"l Y" Certified Mail Law Journal Patriot News Share of Bills 2.94 242.15 248.14 30.73 $665.71 Sworn and subscribed to before me This ,;2..'1, day of j-.J;,.. . ir 2005, ADt P~fu;".,zt;~ ?~~ R. Thomas Kline, Sheriff If MORTGAGE ELECTRONIC REGISTRA TION ~ SYSTEMS,INC. CUMBERI~AND COUNTY Plaintiff, COURT OF COMMON PLE S v. CIVIL DIVISION TIFF ANI M. STONER MICHAEL STONER NO. 2004-05060 Defendant( s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the ab ve action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe fort e Writ of Execution was filed the following information concerning the real property located at 12 DAMS STREET, ENCOLA, PA 17025. J. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TlFFANI M. STONER 12 ADAMS STREET ENCOLA, PA 17025 MICHAEL STONER 12 ADAMS STREET EN COLA, PA 17025 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 n 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: Name Last Known Address (if address cannot e reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot e reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and hose interest may be affected by the sale. Name Last Known Address (if address cannot b reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has a 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 12 ADAMS STREET ENCOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Departmen t 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 p sonal knowledge or information and belief. I understand that false statements herein are made subje to the penalties of 18 Pa. e.S. Sec. 4904 relating to unsworn falsification to authorities. November 29, 2004 DATE ~ b &-)..".,':1 DANIEL G. SCHMIEG, ES DIRE Attorney for Plaintiff / , MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, No. 2004-05060 v. TIFFANI M. STONER MICHAEL STONER Defendant{s). November 29, 2004 TO: TIFFANI M. STONER 12 ADAMS STREET ENCOLA, PA 17025 MICHAEL STONER 12 ADAMS STREET ENCOLA, PA 17025 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTlNG TO COLLECT A DEBT AND ANY INFOR OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DISCHAR BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTR AN A ITEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" Your house (real estate) at, 12 ADAMS STREET, ENCOLA, PA 17025, is schedu d to be sold at the Sheriff's Sale on MARCH 2, 2005 at 10:00 a.m. in the Cumberland County Court ouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $85,492.05 obtai ed by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) agai st you. In the event the sale is continued, an announcement will be made at said sale in compliance wit Pa.R.c.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late c arges, costs and reasonable attorney's fees due. To find out how much you must pay, u may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or judgment, if the judgment was improperly entered. You may also ask the Court postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. I { , . You may need an attorney to assert your rights. The sooner you contact one, the ore chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OT ER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bid r. 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 gr ssIy 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 0 ner 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 th Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceed in to evict you. 6. You may be entitled to a share of the money which was paid for your house. A sc edule 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 accorda ce with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed wit 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, i you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO N T HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE L STED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It ma not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must b postponed or stayed in the event that a representative of the plaintiff is not present at t e sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 / .I LEGAL DESCRIPTION ALL THAT CERTAIN ITIICt or parcel of land and premises. situate. lying ami being in the Townsbip of East Pennsooro, in the Connry of Cumberland, and ('~J11IOOnwealth of PeJ1I1Sylvania, more particularly <lescribed in accordance with a sur~ey and plan tllereof made by Ernesl J. Walker, Professional Engineer, dalcU August Zl, 1976, as follow,: BEGINNING at the Southeast corner of a 12 toot WIde alley and West Adams StrCt'l; thence along tbe South side of West Adams StrCt'l, North 78 degrees 30 minutes East, 25 feer to a comer of premises Known as 10 WeSl Adams Street; thence along said premises and passing through the center of a panition wall. South 1\ degrees 30 minutes EaSl, 150 feet to a poinl Oil tile N0l1h side of a 12 foot wide alley; thence along the same, South 78 degrees 30 minutes West. 25 feet tQ a point on Ihe Ease side of the firsl said 12 foot wide aHey; tbence along lhe same. North 1J degrees 30 minlltes West, 150 tCcI 10 the point and place of BEGINNING. llt\VINO THEREON ERECTED a two and on<:-n.1If slory rt~me uweUing known as 12 W. Adams Street, cuoln, Pennsylvania. PROPERTY ADDRESS: 12 ADAMS STREET, ENCOLA, PA 17025 TAX PARCEL: # 09-16-1050-021 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5060 Civil CIVIL ACTION - LA TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff(s) From TIFF ANI M. AND MICHAEL STONER, 12 ADAMS STREET, ENOLA P A 17025. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 12 ADAMS STREET, ENOLA PA 17025. (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 gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined fro paying any debt to or for the account of the defendant (s) and from delivering any property of the defenda t (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 garnishee and is enjoined as above stated. Amount Due $85,492.05 L.L. $.50 Interest FROM 11/29/04 TO 312105 at $14.95 per diem; $1,306.65 Atty's Corom % Due Prothy $1.00 Atty Paid $137./0 Other Costs PlaintifHaid Date: NOVEMBER 30, 2004 CURTIS R. LONG (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ. Address: ONE PENN CENTER@ SUBURBAN STATION 1617 JFKBLVD., STE 1400, PHILA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 Real Estate Sale #30 On December 02, 2004 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 12 Adams Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 02, 2004 BY:')6ciL, S'rruth Real EstaltC Deputy @~) ~ C:U::.:i~j c:::::~::, r:;;j ?' ,,~. 0 cniil f O:b V I - J30 hOOl Vd 'AINClO:J UINi(b8~'1Ii:J :.HIH3HS 3Hl 30331330 REAL ESTATE SALE NO. 30 Writ No. 2004-5060 Civil Mortgage Electronic Registration Systems, Inc. vs. Tiffani M. Stoner and Michael Stoner Atty.: Frank Federman LEGAL DESCRIPTION ALL TIlAT CERTAIN tract or par- cel of land and premises, situate. ly- ing and being in the Township of East Pennsboro, in the County of Cum- berland, and Commonwealth of Pennsylvania, more particularly de- scribed in accordance with a sur- veyand plan thereof made by Ernest J. Walker, Professional Engineer, dated August 21, 1976, as follows: BEGINNING at the Southeast comer of a 12 foot wide alley and West Adams Street; thence along the South side of West Adams Street, North 78 degrees 30 minutes East, 25 feet to a corner of premises known as lOWest Adams Street; thence along said premises and passing through the center of a par- tition wall, South 11 degrees 30 minutes East, 150 feet to a point on the North side of a 12 foot wide alley; thence along the same, South 78 degrees 30 minutes West. 25 feet to a point on the East side of the first said 12 foot wide alley: thence along the same, North 11 degrees 30 minutes West. 150 feet to the point and place of BEGIN- NING. HAVING THEREON ERECTED a two and one-half stol)' frame dwell- ing known as 12 W. Adams Street, Enola, Pennsylvarua. PROPER1Y ADDRESS: 12 Adams Street, Encola, PA 17025. TAX PARCEL: #09-16-1050-021. . REAL ESTATE SALE No. 30 Writ No. 2004-5060 Civil Term Mortgage Electronic Registration Systems, Inc. Vs Tiffsnl M. Stoner and , MichHI Stoner Atty: Frank FecJerman DESCRIPTION ALL TIIAT qRTAIN tract or parcel of land and premises, sil1J&'re, lying and being in the Township of East Pennsboro, in the County of Cvmberland, and Commonwealth of ~. !DOle particularly described in aeciIrda/Jce with a survey and plan thereof 1IlJIde by Pnest J. Walket;Professiona1 Eriginw, dated Aug-ust 21, 1976. as follows: . BEGlNNING at the Southeast comer of a 12- foot-wide alley and West Adams Street, thence along the South side of West Adams Steet, North 78 degrees 30 minutes East, 25 feet to a comer of prem-ises known as 10 West Adams Street; thence along said premises and passing through the cen- ter of a partition wall, South 11 degrees 30 min- ," utes East, 150 feet 10 a point on the North side of a IUoot-wide alley; lb,enee along the same, South 78 degrees 30 minutes West, 25 feet to a point on the Easl side of the first said 12-foot- wide alley; thence along the same, North 11 degrees 30 minutes West, 150 feet to the point and place ofBEGlNNING HAVING lliEF.&lN erected a two- and one- half story frame dwelling known as 12 W. Adams Street, EnoJa. Pennsylvania. Property Address: 12 A.dams Street, Enol., PA 17025. Tax Parcel #09-1&-1050-021. .