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HomeMy WebLinkAbout04-5135 FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM No.D4- S/:?,oS C;u~L~t CUMBERLAND COUNTY v. PATRICIA A. SMITH 221 MARKET STREET NEW CUMBERLAND, P A 17070 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 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. IFYOUDO 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, TIllS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 170] 3 (800)990-9108 File #: 100263 File #: 100263 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION I)RACTICES 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 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ) CNIL ACTION ) vs. PATRICIA A. SMITH ) CNIL DIVISION ) NO. 04-5135 CNIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for ~,fORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. hen~by verify that on 5/3/05 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. DATE: August 3. 2005 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Cl~BERLANDCOUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION PATRICIA A. SMITH NO. 04-5135 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .221 MARKET STREET. NEW CUMBERLAND. P A 17070 . 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PATRICIA A. SMITH 221 MARKET STREET NEW CUMBERLAND, PA 17070 2. Name and address of Defendant(s) in thejudgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DSI FUNDING LLC 2425 COMMERCE AVENUE BUILDING 2100, SUITE 100 DELUTH, GA 30096 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 221 MARKET STREET NEW CUMBERLAND, PA 17070 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. <l~Q~ a,~fm,~ DANIEL G. SCHM G, ESQUIR Attorney for Plaintiff '/ April 29. 2005 DATE t" ~pl - V> ... '" .... - g. ~E - - - - '0 '" 00 -...l 0-. .Z V> ... '" .... - i~ )> ",. 2-. ~9, V> (1 l <i z c 3 a co ... 0 .,; ~ () CJ Z r" .,; ~ ~ ~ ~ ~ _.~ ~ ~I I ~ 2. > ~ ~ .. ~ .-l .. '3- - n J . 0 ?> 0 0;, ?> () ~ ~!i 0 '" ~ ~ V> '" g ~ q . . ~ ~ 11 r' ~ . - . ::t: 0 ~ .. ,~ ..., .. I ... ,'-' . ." ~ N !::. l:S .,; [f) V> ~ ~ 0 ~ (") , - !il 0 , i . , > i~ () ~ .. e: II -< . '" ~ ~ .. ~ ~ . :>> I -< m t:J ~ :-J til g ~ :-J () '" ~ , ~ ~- 7' s' ~ i ~ " g ~ - '" ~~g.\l'~ ~~ ~ z l 0 ~~'~ I',' ~~ ~ 8 ~~~l~ \'l ~r 0 8.h~ ~o " '" ~ ~ ~ ~ Vl ;;:: o' :> .,; ~ ;;:,s,t:I ::1 :>> ~ ~~g,i '.... tT1 0 ~ .,; ..... 0 "'u If - ", 0 0 .... ~ a.~. og_. 5=' C> fZ ~,.....'" ~ ~ g.'t:l ... g;:; t:J ~i~ i1 tT1 N h~~ 0 t" 0-. ~ .... :-J !i~~~~ Y' ;: <J'\' fit- i (") '.1'~~s I 0 E 15'a~ :>> ~q,g '" fA ":i~~ a ~ ~ t" ~ '3 er 7' ;:a Er '" P.fr~tf 0-. .,; H!l,~ ~'<~H :>> ..", .:-'~og .,; - w o. :>> .... .;1 ~ ii C> - - i~~~. ';..J v.> ....H >- .gg~.. 6\.,. CT.tr\ i Ii g"~ . ~ - :c. '~ "'~ '/' ~ g ;-/" <,' .' ./ 19B nltr;' .-",'.." ..~' ",h~ 11.. ..a .\ ~~:v-- it.~~ ~ ~P'lW g,~! ': 02 1A $ ~ 8~ 0004300317 MA =-:(lIi~ i MAILED FROM ZIPC 'S: ~''d g: l H I I I I I I 1 \ I I J\ a>'Z ...p.o> cn~e g (':. (t) p."'1ll '" "' = ... p. 't1-~"'" g:~(Q~ .,-.l""'t" .3=~g~ ;::'''tj<J:;I: .!". '" >- ""''i''1El.t'' >-gtlt" _o.,t:; \O~-"4 o~~~ ~'o:l0"~ ~oE;~ ~.~d"C/'J ...~!'l<J Wa~~ g.. g t<l "'",::l~ "'" '<' n- (.-. g it . ." _ t" "... . ., 8 ~ If nBOWES 01.500 Y 03 2005 ODE 19103 ~ q, ~ ~ ~~ ~, ~ ~ 76\~, , Q..,,( "l<i1 c,_ "" ":i:J.\ '[) ,c,., r:) 't2 %""J :l'"- 'Zi'\"' ~..(. '::l' 0 ~c ___ ::.\ %2; -::- ?& y~ 't.:> I. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2. The name(s) and last known address(es) of the Defendant(s) are: PATRICIA A. SMITH 221 MARKET STREET NEW CUMBERLAND, P A ] 7070 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/3]/1996 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to COLUMBIA NATIONAL, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1349, Page: 744. By Assignment of Mortgage recorded 6/14/04 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 708, Page 4948. 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 05/0 1/2004 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 #: 100263 6. The following amounts are due on the mortgage: Principal Balance Interest 04/01/2004 through 10/11/2004 (Per Diem $14.40) Attorney's Fees Cumulative Late Charges 10/31/1996 to 10/11/2004 Cost of Suit and Title Search Subtotal $60,972.02 2,793.60 850.00 84.31 $ 750.00 $ 65,449.93 Escrow Credit Deficit Subtotal 0.00 123.13 $ 123.13 TOTAL $ 65,573.06 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice ofIntention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has tenninated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 65,573.06, together with interest from 10/11/2004 at the rate of$14.40 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. F~D ~EL~LL'ILt~ By: _ Is/Francis S. Hallinan FR K FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 100263 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel ofland situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, the northeast corner of Second Alley and Market Street; thence northeastwardly along Second Alley, a distance of seventy (70) feet to a point at land now or fornlerly of S.B. Marks Company; thence by said Marks land, northwestwardly parallel with Market Street, a distance of twenty-three and one hundredths (23.01) feet to a point; thence southwestwardly along and through the center line of a double frame dwelling house known as 221 and 223 Market Street, a distance of seventy (70) feet to Market Street; thence southeastwardly along Market Street, a distance of twenty-three and one-hundredths (23.01) feet to Second Alley, the place of BEGINNING. Being No. 221 Market Street File #: 100263 VERIFICATION Richard T. Martin hereby states that she is SENIDR VIaE PRESIDENT of AURORA LOAN SER VICES 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. ~K/ DATE: /tJfr# Richard T. Maltin Sr. Vice President -p (J ~ '\\:- \ 0 -- w S ~ E t ~ ,"' - -J "'Q (). ~ p- ("-, r 1- '''- ,.' "--, -.. -" .. ",,- FEDERMAN PHELAN, LLP LAWRENCE T. PHELAN, ESQ., ill. NO. 32227 FRANCIS S. HALLINAN, ESQ., ill. NO. 62695 DANIEL G. SCHMIEG, ESQ., ill. NO. 62205 THOMAS M. FEDERMAN, ESQ., ill. NO. 64068 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. COURT OF COMMON PLEAS CNIL DIVISION Plaintiff CUMBERLAND County vs. PATRICIA A. SMITH No. 04-5135 CNIL Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. FEDERMAN PHELAN, LLP By: ~ /d-Z--<---- FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE THOMAS M. FEDERMAN, ESQUIRE Attorneys for Plaintiff Date: November 18. 2004 /mbm, Svc Dept. File# 100263 (? ~:.:; C'" C C -7 ...r_...... =2 ~'" \~.~ 1"'..) <== = .r:- ::;r. C> <: N &* -0 3 N .. o ., <-1 :C"'T1 rnr- -09 :'00 gOTl ~.:s :n ,,-"'C) .r..-m o -I '"t> ~ -< +" '" PHELAN HALLINAN & SCHMIEG, L.L.P. By: Daniel G. Schmieg, Esq., Attorney J.D. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Mortgage Electronic Registration COURT OF COMMON PLEAS Systems, Inc. CNIL DNISION vs. Cumberland COUNTY Patricia A. Smith NO. 04-5135 Civil Term MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant, Patricia A. Smith, by first class mail and certified mail to the last known address and mortgaged premises, located at 221 Market Street, New Cumberland, PA 17070, and in support thereof avers the following: I. Attempts to serve Defendant, Patricia A. Smith, with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant, Patricia A. Smith, at the above-mentioned mortgaged premises of 221 Market Street, New Cumberland, PA 17070, but was unable to do so as the Defendant no longer lives there, as indicated by the Sheriff's Return of Service attached hereto as Exhibit "A". 2. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of January 27,2005 to bring loan current. 4. Plaintiff submits that it has made a good faith effort to locate the Defendant, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, L.L.P. BY:~~ Daniel G. Schmieg, Esquire Attorney for Plaintiff ~ Date: January 26, 2005 PHELAN HALLINAN & SCHMIEG, L.L.P. By: Daniel G. Schmieg, Esq., Attorney J.D. No. 62205 One Penn Center at Suburban Station 1617 JohnF. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc. vs. COURT OF COMMON PLEAS CNIL DNISION Cumberland COUNTY NO. 04-5135 Civil Term Patricia A. Smith MEMORANDUM OF LAW Pa. RC.P. 430(a) specifica1lyprovides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation, which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriffs retum of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa, Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address," Adootion of Walker, 468 Pa. 165,360 A.2d 603 (1976), An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriff's Return of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service ofthe Complaint by first class mail and certified mail. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, L.L.P. BY:~ Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: January 26, 2005 SHERIFF'S RETURN - NOT FOUND ~SE NO: 2004-05135 P .,~ COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS SMITH PATRICIA A R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SMITH PATRICIA A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , SMITH PATRICIA A 221 MARKET STREET, NEW CUMBERLAND, PA 17070 HOUSE IS STILL BEING RENOVATED AND DEFENDANT IS NOT LIVING THERE. SHE JUST STOPS TO GET HER MAIL. , Sheriff's Costs: Docketing Service Not Found Surcharge 18,00 13 .32 5,00 10.00 .00. 46.32 So answeJ;8.;.,.-"----- .".. ,-;/;::~/?===:y, ," R. Thomas Kline Sheriff of Cumberland County -- FEDERMAN & PHELAN 12/08/2004 Sworn and subscribed to before me this day of A.D. Prothonotary EKL DATA, INC AFFIDA VIT OF GOOD FAITH INVESTIGATION Loan Number: 0111907416 File Number: Attorney Firm: Federman & Phelan Subject: Patricia A. Smith Property Address 221 Market Street New Cumberland, P A 17070 Last Known Address: 221 Market Street New Cumberland, P A 17070 Current Address: As of September 29, 2004 221 Market Street New Cumberland, P A 17070 Last Known Number: non-published George H. Lewis III, being duly sworn according to law, deposes and says: I. I am employed in the capacity of researcher for EKL DATA, INC. 2. On September 29,2004, I conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: l. Credit fnformation A. Social Security Number Our search verified the following to be true and correct: I. Patricia A. Smith: 174.54.3899 B. Employment Search: Patricia A. Smith - A re\,iew of the credit report provided no employment information. C lnquiry of Creditors: '[he creditors indicated that Patricia A. Smith resides at: 221 Market Street, l'iew Cumberland, P A 17070. II. Inquiry of Telephone Company A. DirectOlY Assistance Search: On September 29, 2004, our office contacted directory assistance, which indicated that the mortgagor's telephone number is non-published at 221 Market Street, New Cumberland, P A 17070. III. Inquiry of Neighbors Our office, using an Internet database that supplies neighboring telephone numbers, attempted to contact the mortgagor's neighbors, Carl Burnheimer and Christy Espenshade at 218 and 226 Market Street, New CumberJand, PA 17070 with the phone numbers of 717 774~ 4993 and 717 770~0336 on September 29, 2004 to verify with them that the above~mentioned mortgagor does reside at 221 Market Street, but we found their numbers to be equipped with caU-intercepts. Our office also attempted to contact Nancy Hocutt at 223 Market Street, but we could only receive her answering machine. IV, Address Inquiry A. National Address Update: Our inquiry with the National Address database on September 29, 2004 indicates that the following is COITect: Patricia A. Smith - 221 Market Street, New Cumberland, PA 17070. EKL DATA, INC AFFIDAVIT OF GOOD FAITH INVESTIGATION B. Additional Active Mailing Addresses Our research has not located any other additional mailing addresses for the above- mentioned mortgager. V. Drivers License Information Per the Pennsylvania Department of Motor Vehicles Patricia A. Smith has an identiHcation registration with the state. VI. Other Inquiries A. Death Records: As of July 2004, there is no record for the above-mentioned mortgagor or mortgagor's social security Dumber on file with the Social Security Death Index. B. Public Licenses l'ione Found C. County Voter Registration: On September 29, 2004, our oflice, using a database of aJl registered voters in the state of Pennsylvania. confirmed that the county doesn't have Patricia A. Smith listed as a registered voter with an address of 221 Market Street, N'ew Cumberland, P A 17070. D, D,O,8,: Patricia A. Smith: 1/4/1960 E. Miscellaneous Information Our office could not locate any listing for the number 717770-2498. We called this number and received a busy signal after multiple attempts to contact the resident. The undersigned understands that this statement herein is made subject to tHe penalties of 18 Pa. C.S. See, 4904 relating to unsworn falsification to authorities. I hereby verify that the statements made herein are tme and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa. C.S, Sec. 4904 relating to unsworn falsification to authorities. Subscribed and sworn before me on September 29, 2004. 7~-fV~ Notary Public r i I , Notarial Seal El/eri K LeVI/is No . Haverford J\vr, . '0 J tary Pubhc My CommisSI01' 'F e aWare County Me, . ,.Xplres Apr, . -, 2007 ember, Pennsylvania Associ ti a on 0 Notari~ VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, L.L.P. BY:~: ~ Daniel G. Schmieg, Esquire Attorney for Plaintiff . Date: January 26, 2005 PHELAN HALLINAN & SCHMIEG, L.L.P. By: Daniel G. Schmieg, Esq., Attorney I.D. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc. COURT OF COMMON PLEAS CIVIL DIVISION Vs. Cumberland COUNTY Patricia A. Smith NO. 04-5135 Civil Term CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the foregoing Motion for Service Pursuant to Special Order of Court, Memorandum ofLa~, Proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. Patricia A. Smith: 221 Market Street New Cumberland, P A 17070 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: January 27,2005 Respectfully submitted, PHELAN HALLINAN & SCHMIEG, L.L.P. BY:~ Daniel G. Schmieg, Esquire Attorney for Plaintiff -- t-~) r,:';CJ (;;';) oCT1 t.... '1:~'" :;:'f': <..., o -0 --1 ~I. .,., rlll;,-:': ." i:':J , (~) " "q (') en c....) t-.,,,,) N PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., !D. NO. 32227 FRANCIS S. HALLINAN, ESQ., !D. NO. 62695 DANIEL G. SCHMIEG, ESQ., !D. NO. 62205 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 vs. PATRICIA A. SMITH Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION CUMBERLAND County No. 04-5135 CNIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: January 26. 2005 /jeh. Svc Dept. File# 100263 By. SCHMIEG, LLP RANCI S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff c_. c,) ,,""t'" 1"'.) IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA Mortgage Electronic Registration Systems, Inc. vs. CNIL DNISION NO. 04-5135 Civil Term Patricia A. Smith ORDER AND NOW, this 34l1f FtJr.-7f , 2005, upon day of consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint <lUll'<d1 [ul~~ Jll9adillgs on the above captioned Defendant, Patricia A. Smith, by: I. First class mail to Patricia A. Smith at the mortgaged premises located at 221 Market Street, New Cumberland, P A 17070; and 2. Certified mail to Patricia A. Smith at the mortgaged premises located at 221 Market Street, ~ew C~b~rland, P A 17070. ..... c.-~ (:}.) p~..r I- e.u"- ~-..,,( ~ I~.J-I.. t . p~ "Ilo(ti>lD . BY ECOU : J. ,;l ~O () S FEB 0 2 200~ ,) (' f' .r' 0(, .:., t - rE]j SCDZ ...l,r---.. ...'...' PHELAN HALLlNAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., !D. NO, 32227 FRANCIS S. HALLINAN, ESQ" !D. NO. 62695 DANIEL G. SCHMIEG, ESQ., !D. NO. 62205 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 vs. PATRICIA A. SMITH Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County No. 04-5135 CIVIL PRAECIPE TO REINSTATE CIVIL ACTlON/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: ](jndly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: February 18,2005 Imml. Svc Dept. File# \00263 PHELAN HALLINAN & SCHMIEG, LLP By: ~~~Jl jlJt-~ FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG UP By: Lawrence "1. Plieran, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (? 1 ~) ~!i,-7000 MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS, INe. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS Plaintiff : CNIL DNISION vs. PATRICIA A. SMITH : CUMBERLAND COUNTY Defendant( s) : NO. 04-5135 CIVIL AFFIDAVIT OF SERVICE OF COMPLAINT BY MAn. PI JRSlJ A NT TO COlJRT OROFR I hereby certifY that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons, PATRICIA A. SMITH and at 221 MARKET STREET. NEW CUMBERLAND, P A 17070 on FRRRlJ A RY Ill, 200<;, in accordance with the Order of Court dated FEBRUARY 3, 2005. The undersigned understands that this statement is made subject to the penalties of 18 Pa. e.S. 94904 relating to unsworn falsification to authorities. Date: Fehmary 1 R ?OO~ r~~ .9W~ FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff ~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-05135 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS SMITH PATRICIA A R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SMITH PATRICIA A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , SMITH PATRICIA A 221 MARKET STREET NEW CUMBERLAND, PA 17070 HOUSE IS CURRENTLY VACANT DUE TO FLOODING. MAIL IS STILL BEING DELIVERED TO GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 26.64 5.00 10.00 .00 59.64 So answ~/----:. ../.;.:;;;.~/~... -~#~~.~/..... r R. Thomas Kl ine Sheriff of Cumberland County FEDERMAN & PHELAN 10/29/2004 Sworn and subscribed to before me this '1~ day Of~ r;;) fJ-v5 A . D . (1 .iL Q. pr~notary 'lru..fh.l ; I ~ SHERIFF'S RETURN - NOT FOUND ~ASE NO: 2004-05135 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS SMITH PATRICIA A R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SMITH PATRICIA A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE r NOT FOUND , as to the within named DEFENDANT , SMITH PATRICIA A 221 MARKET STREET NEW CUMBERLANDr PA 17070 HOUSE IS STILL BEING RENOVATED AND DEFENDANT IS NOT LIVING THERE. SHE JUST STOPS TO GET HER MAIL. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 13.32 5.00 10.00 .00 46.32 So answ~~ __._........./ ..~~~~~~~~=~..:...... R. Thomas Kllne Sheriff of Cumberland County ..../ FEDERMAN & PHELAN 12/08/2004 Sworn and subscribed to before me (. '!< day of 9<.<<,~'7 this .;lilt:) -:; A. D . ~ Q 'yvv;h~ J Pro h otary , ~ .. , . Phelan: Hallinan & Schmieg 'Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (? l~) ~!i,-7000 Attorney For Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Court Of Common Pleas Civil Division vs. CUMBERLAND County Cl :1-'" U1 : No. 0'-\ - 5 \ '5 S ..- '1-- :"'=J":_ "~ _""',oj ,;-':J PATRICIA A. SMITH -'I -( Cl c::> AFFIDAVIT OF SFRVWF flY PORT WATTON TN ACX-:ORnANC'F WITH C'OTJRT ORnER I hereby certifY that service ofthe Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated FEBRUARY 3, 2005 as indicated below: By publication as provided by Pa. R.e.P. Rule 430(b)(1) in THF SFNTTNEI. on MARC'H R ?OO~ and C'TTMFlFRT ANT> TAW TOTJRNAI. on NARC'H 1 R ?Oo~. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of18 Pa. e.S. Section 4904 relating to unsworn falsification to authorities. Date: April 4, 2005 JRH, Svc Dept. File# J 00263 ,. .. PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tanuny Shoemaker, Classified Sales Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) M.arch 08, 2005 COPY OF NOTICE OF PUBLICATION -~~ER~~~~~~UT~~i:;EN~~~LiA~~:q ~ 1M. 1;'0>1 CIVll.ACTION.LAW NO. 04-5135 CIVIL MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., PLAINTIFF va. PATRICIA A. SMITH, DEFENDANT NOTICE TO: PATRICIA A. SMITH, DEFENDANT You are hereby notiiied that on February 3, 2005, Plaintiff. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas o'fCUMBERLAND County. Pennsylvan"la, docketed to No. 04-5135 CIVIL. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 221 MARKET STREET, NEW CUMBERLAND, PA 17070, whereupon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead 10 the above referenced Complaint on or before 20 days tram the date 01 the publication or a Judgement will be entered against you. NOTICE If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that it you tail to do so the case may proceed without you and ajudgement may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE 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 P.E A6LE TO PROVIDE YOU WITH INfORMATION ABOUI 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 LAWRENCE T. PHELAN FRANCIS S. HALLINAN DANIEL G. SCHMIEG Attorneys for Plaintiff PHELAN, HALLINAN & SCHMIEG, LLP. One Penn Center, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Affiant further deposes that he/ she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and charader of pu &'ti=~~~}- Sworn to and subscribed before me this Q2,th. day of March, 20(lQ ()I A J o:t A;/K ) vf {vO-t Notary P lie My commission expires: q /1 /tJy _~,~;'~i',':~~_;L Ii-; \.)i.~~'f:.NNSYLVANIA Notarial Sear Chnsona L_ Wolfe, Notary Public Carlisle Bora. Cumbel1and County My CommiSSion Expires Sept 1, 2008 Member, Pel1n~v',.';,,-.r::- 1}~';or:iation Of Notaries " r . .. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA 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 of the said Cumberland Law Journal on the following dates, Viz March 18, 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. S TO AND SUBSCRIBED before me this 18 day of March, 2005 NOTARIAl. SEAL LOIS E. SNYDER. Notary Public CaJlisle Boro. Cumberlllnd Countr My Commlssion ExpIres Mardi 5. 2009 " ,".. :, CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law No. 04-5135 Civtl MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC" PLAINTIFF vs. PATRICIA A. SMITII. DEFENDANT NOTICE TO: PATRICIA A. SMITH DEFEN- DANT . You are hereby notified that on February 3. 2005. Plaintiff. MORT- GAGE ELECTRONIC REGISTRA. TION SYSTEMS INC.. filed a Mort- gage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBERLAND County, Pennsylva- nia, docketed to No. 04-5135 CML. Wherein Plaintiff seeks to foreclose on the mortgage secured 00 your property located at 221 MARKET STREET. NEW CUMBERLAND. PA 17070, whereupon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may pro- ceed without you and a Judgment may be entered against you without further notice for the relief re- quested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE 1D YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE TIlE OF- FICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WlTII INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. TIllS OFFICE MAY BE ABLE TO PROVIDE YOU \VITII INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVo ICES 1D 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 LAWRENCE T. PHELAN ESQUIRE ' FRANCIS S. HALLINAN ESQUIRE . DANIEL G. SCHMIEG. ESQUIRE PHELAN. HALLINAN & SCHMIEG. L.L.P. Attorneys for Plaintiff One Penn Center Suite 1400 Philadelphia. PA 19103 (215) 563-7000 Mar. 18 5 "', f-,:) ,~) C::J c.r'" c::.:. ~: ) "'- _yo ~ , c' ;:.: ,~ ' .......0 C;, , "( c,J - PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SmTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. 8201 GREENSBORO DRIVE, SmTE 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 04-5135 CIVIL v. PATRICIA A. SMITH 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 PATRICIA A. SMITH, 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 10/12/04 to 5/3/05 TOTAL $65,573.06 $2,937.60 $68,510.66 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. DAMAGES ARE HEREBY ASSESSED AS INDICA~;. DATE: 5 /]/C75 .lA~ )k t , PROPROTHY .~ ~ PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (?, <;) <;1i1-7000 ATIORNEY FOR PLAINTIFF FILE: , MORTGAGE ELEcrRONIC SYSTEMS, INC. REGISTRATION : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY PATRICIA A. SMITH Defendants : NO. 04.5235 CIVIL TERM TO: PATRICIAA.SMITH 221 MARKET STREET NEW CUMBERLAND, P A 17070 DATE OF NOTICE: APRTT, 11, 200, THIS FIRM IS A DEBT COLLEcrOR ATIEMPTING TO COLLEcr A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATIEMPT TO COLLEcr 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 ATIEMPT TO COLLEcr 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 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 IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE ALA WYER, 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 ASSOClA TION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 04-5135 CIVIL PATRICIA A. SMITH 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 PATRICIA A. SMITH is over 18 years of age and resides at , 221 MARKET STREET, NEW CUMBERLAND, P A 17070 . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. () ....> () c.::> ..{q. C c;:;:.) -n ~ -p \ .c': cJ' ....,... .-l ~ - :r;- *- ;:;.;~ fl.'~ -',," ~Jr,:. C> I "':"ljCt C> v) ,', r ~ - t ::~:~CJ r .." ,'~ ~-Y" -cJ i~';;-':U IN -'~ -:<~C) .,~' rn ...c::: (.j '..,j V'> J ~..,\ ~ .a ..c::: C.n 7 .. \/ ~ (.J1 .~ ~ ~ ~ I . ~ (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERI-AND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SmTE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 04-5135 CIVIL PATRICIA A. SMITH Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on f7l';J'f .J 200.5. '- By: ...;J 0", L P. 7f:~ DEPUTY If you have any questions concerning this rnatter, please contact: ,-~~ - Vi 'hn Attorney for Plallftiff ONE PENN CENTER AT SUB N STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 -*THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TIEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY-* PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SUITE 1400 PHILADELPffiA, 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 A. SMITH NO. 04-5135 CIVIL Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. c -~ -':: ~~ Si\ .-\ '1- ?i'>e. ~0,q :'>0 -:,:2. -:.~\ 'i~:~A t.:? ?B -.. U' <.Y- n c::; ::, 'C5 ~ -r" 'S:;:~ .-c.. \ v:> ..----- (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. Plaintiff, v. No. 04-5135 CIVIL PATRICIA A. SMITH Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $68,510.66 Interest from 5/3/05 to SEPTEMBER 7,2005 (per diern -$11.26) $1,430.02 and Costs TOTAL $69,940.68 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. 0 t"- O t"- .... < ~ ~ ~ ; ... ~ ';J u ....~ Z ~ 0 O~ .... ,.. . -d ~... U ';J S <l,) ~H~ ~~ u ~ == ~'E '" ~rJJ Zr/i ,.. <l,) ZZ ~~ ,.. ...a rJJ J:> o~ i ....,9 \ ~ ,..... o .. i~' u~ rJJ ., ... s ~ ,.. ... . 0 d?;l E2~ (j~ '" o~ ,;, < t ~ ~~ ' <l) g. uz Z .... ~ ~ p. ....';J ...0 ~ ~~ .... <l,) 00 ".... '-8< .... ~ u ~S ~ .... 0 ... ~~ ...'6 ~ > ;,; S~ ~~ 0 ) ~ u; oG .:0 ~~ 1 .J?i ~ ~... \'~ ,..~ ~';J u -r: :: 1; - ~ : - - l,.0 ~ a - '>- ~: S? If) 2: ~ \_: (;:., :_J C I u.\-~,:, ') c-I, () a ,,)-' .J_ ~ :r 8 ~ ~~~;.; u- "--', <J ~ <<\ "" () \r 'lb ('0 Vi ~ ~ v) C)- ~ >::- c:= I "" lJ) ll.... UJ~ ~ ~IU >:: - 1..1- :J: ~'-'.- 'toy "".- 1-- ..0 _5 l'_ e:;:) 0 = (.) <--' 0-J ';:j ~ () 0) -.: -e,-t:i .........., ~ ~' ~ /" , ...... <i ~ \ I ::J" ....::: ::r- ('<) ~ H. ~ ::::t- - 1lL?-Jt ( 0 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5135 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 A. SMITH (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION (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 from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $68,510.66 L.L. $.50 Interest FROM 5/3/05 TO 9/7/05 (PER DIEM - $11.26) - $1,430.02 AND COSTS Atty's Corum % Atty Paid $187.96 Plaintiff Paid Date: MAY 3, 2005 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Prothonotary <Jiy: ..../Z; n~ 0 Q ~/1 /1./ 1, r-- Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. 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 DESCRwrION All THAT CERT A I N piece or parcel of land situate in the Borough of New Cumberland, Cumbetbnd County, Pcnnsyh'3Ilia, more particulatty bounded and described as folloWS, to wit: BEGINNING at a poilll, the Northca.~ corner of Second alley and Market Street; thence Northeastwardly mOng Second Alley. a distance of seventy (70) feet to a poilll at land now or formerly of S. B. Marks Company: thence by said Marks Land. Northwestwardly parallel wilb Markel Street. a distance oftwemy-three and one hundredtbs (23.01) feet w a point; \h(:nce SouthwestWardly along and through the center line of a double f,;ane dwelling hous<: known as 221 and 223 Market Street, a distance of sevenlY (70) feet to Market Str""t; thence southeastwardly along Matt<:t St,eet. a distance oftwenty-!hrce and oue hundredths (23.01) feet to Second Alley, the place of beginning. HA VfNG THEREON ERE(.'TEf) a three story dwelling house known and numbered ..< 221 Market Street. New Cumberland, Peousylvania, Tax Pm:eI/25-25-0006-319 TITLE TO SAID PREMISES IS VEsTED IN Patricia A. Smith, single woman, by Deed from Sherry L. Zeigler, single woman, dated 10/31/1996 and recorded 11/111996 in Deed Boole 148. Page 533. Premises: 221 Market Street, New Cumberland, P A 17070 . '. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION PATRICIA A. SMITH NO. 04-5135 CIVIL 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 ,221 MARKET STREET. NEW CUMBERLAND, PA 17070. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PATRICIA A. SMITH 221 MARKET STREET NEW CUMBERLAND, P A 17070 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) DSI FUNDING LLC 2425 COMMERCE AVENUE BUILDING 2100, SUITE 100 DELUTH, GA 30096 .., " 4. Name and address oflast recorded holder of every mortgage ofrecord: 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. Narne 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/Oecupant 221 MARKET STREET NEW CUMBERLAND, P A 17070 Domestic Relations of Cnmberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. e.S. Sec. 4904 relating to unsworn falsification to authorities. April 29. 2005 DATE -- .-<'\ 5. (A -' -;f-"'" f\"\r'::' -- r;; ~,:;:" 'i..., :7t~\i' t:: ~S" -.1 U' <.J' .-' "'" {~ -' ~,:.... ~C'!~ :;.(. , '-" , , MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 04-5135 CIVlL v. PATRICIA A. SMITH Defendant(s). April 29, 2005 TO: PATRICIA A. SMITH 221 MARKET STREET NEW CUMBERLAND, P A 17070 ""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, 221 MARKET STREET, NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $68,510.66 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 rnust 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 rnay 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 A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 . DESC~ON ALL THAT CERTAIN piece or I"ffC"I of land situate in the IloroughofNew Cumberland, Cumberland County. Pennsylvania, nwre paniculorly bounded and described as follows, to wit: BEGINNING at a point, the Northeast roroer of Second al1ey and Market Street; theooe Northeastwardly along Second Alley, .. dislance of sevenly (70) feet to a point at land now Dr funne<ly of S. B. Marks Company; thence by said Marks Land. Northwestwarllly paralkl wllb Market SII'Cct, a dlstance of twenty-three aod Doe hundredtbs (23.01) feet to a pOInt; lhence Southwestwardly along and through the center line of a double frame dwelling houSl: Illlowl1 as 221 and 223 Markel SUeet, a distance of seventy (10) feet 10 Market Strut; Ill"""" soUlheastwardly along Market Street, a distance of [wenly-lIlr"" and ODe hundredth. (23.01) feet to Second Alley, lite place of beginning. HAVING THEREON F..RECTlID a three story dwelling house known and oombered all 221 Market Street, New Cumberland, Pennsylvania. Tax Pan:el #25-25-0006-319 T1TI.E TO SAID PREMISES IS VESTED IN Patrida A. Smilll, single woman, by Deed from Sherry L. Zeigler, single woman, dared 1013111996 and recorded 111111996 in Deed Bool: 148. Page 533. Premises: 221 Market Street, New Cumberland, P A 17070 CJ (~ ~ c;::,) c.f' -:::.. -;;1" .....(~ o -" -' -(.-c\ r\"\{';::; -r)rr" 'it? <-),,,:) ",,:; ~..::, .'\- -;; \~7: ~:{~. ~-~\ -''C;'' \~ , <.l' """ ~;..: <:? U\ U\ ,-- PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL SCHMIEG, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DNISION CUMBERLAND COUNTY No.: 04-5135 CNIL vs. PATRICIA A. SMITH AFFIDAVIT I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to PATRICIA A. SMITH, on 5/13/05 at 221 MARKET STREET, NEW CUMBERLAND, PA 17070, in accordance with the Order of Court dated 2/3/05. I further certify that the mortgaged premises was published in the Sentinel Newpaper on 5/7/05 and in the Cumberland Law Journal on 5/20/05, in accordance with the Court's Order. The undersigned understands that this statement is made subject to the penalties of 18 P A C.S. s 4904 relating to unsworn falsification to authorities. l L' J I I t" I;:" Je kuL.<~.-l "'I .t~""-l: ~.. A' , --&" DANIEL G. SCHMIEG, ESQUIRE , // ,...' Date: June 6. 2005 . PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): May 07, 2005. COPY OF NOTICE OF PUBLICATION NOTICE OF ACTION IN MORTGAGE FORECLOSURE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 04-5135 CIVIL MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. vs. Affiant further deposes that he/ she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of ~,~~ PATRICIA A. SMITH NOTICE TO: PATRICIA A, SMITH. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY" ALL THAT following described lot of ground situate, tying and being in BOROUGH OF NEW CUMBERLAND TOWNSHIP, County of CUMBERLAND, Commonwealth of Pennsylvania, bounded and limited as follows, to wit: is scheduled to be sold attha Sheriffs Sale on SEPTEMBER L~at .1.Q.;.QQA,M., at the CUMBERLAND County Courthouse, 1 Courthouse .aq.l.lilm.~ PA ~ to enforce the Court Judgement of May 3. 2005, obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.., (the mortgagee), against you. Property situated in the City of BOROUGH OF NEW CUMBERLAND, County Cumberland, and State of Pennsylvania. Being Premises: 221 MARKET STREET, NEW CUMBERLAND, PA 17070 Improvements consist of residential property. Sold.. the property of PATRICIA A. SMITH, TERMS OF SALE: THE HIGHEST AND BEST BIDDER SHALL BE THE BUYER. The purchaser at the sale must take ten {10} percent down payment 01 the bid price or of the Sheriff's cost, whichever Is higher, at the time of the sale in the form of cash, money order or bank check. The balance must be paid within ten (10) days of the sale or the purchaser will lose the down money. Daniel Schmieg, Esquire One Penn Center at Suburban Station fEW1 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563.7000 Attomey for Plaintiff Sworn to and subscribed before me this Jlth day of May, 2005. c~~ fi?wc~ Notary ubhc My commission expires: q;, I () f COMMONWEALTH OF PENNSYLVANIA NotarIal Seal Chnstina L Wolfe. Notary Public Carlisle BOfO. CumbeI1ar<l County My Commission Expres Sept. 1. 2008 Member, Pennsylvania Association Of Notaries - . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. 1.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor ofthe 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 of the said Cumberland Law Journal on the following dates, Viz MAY 20, 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. , Editor SWORN TO AND SUBSCRIBED before me this 20 day of May. 2005 NOT IAl SEAl LOIS E. SNYDER. Nolai)' Public Carlisle Boro, Cumberland County My Commissioll Expires Marth 5. 2009 .. CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania No. 04-5135 CIVil MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. vs. PATRICIA A. SMITH NOTICE TO: PATRICIA A. SMITH NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ALL THAT following described lot of ground situate. lying and being In BOROUGH OF NEW CUMBERlAND TOWNSHIP. County of CUMBER- lAND, Commonwealth of Penn sylva- nia, bounded and limited as follows. to wit: Is scheduled to be sold at the Sher- lll's sale on SEPlEMBER 7, 2005 at 10:00 A.M., at the CUMBERLAND County Courthouse. 1 Courthouse Square, Carlisle. PA 17013 to en- force the Court Judgment of 5/3/ 05, obtained by MORTGAGE ELEC- TRONIC REGISTRATION SYSTEMS. INC.. (the mortgagee), agatnst you. Prop. sft. in the City of BOR- OUGH OF NEW CUMBERLAND, County of Cumberland, and State of Pennsylvania. Being Premises: 221 MARKET STREET. NEW CUMBERLAND. PA 17070. Improvements consist of residen- tial property. Sold as the property of PATRICIA A. SMITH. TERMS OF SALE: TIlE HIGHEST AND BEST BID. DER SHALL BE THE BUYER. The purchaser at the sale must take ten (10%) percent down pay- ment of the bid price or of the Sher- iffs cost, whichever is higher, at the time of the sale in the form of cash, money order or bank check. The balance must be paid within ten {1 O} days of the sale or the purchaser will lose the down money. DANIEL SCHMIEG. ESQUIRE Attorney for PlainUff One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 PhiladelphIa, PA 19103 (215) 563-7000 May 20 4 o ~~, r-> <g cJ' ~ % I -' Q, ~:r1 -0,$ S,c':; ~.~ -0 qo -;:J: <_I'" _ S .. Jp J;:"' ::.<:. (.,) -"0 l,"~: l~~:. '-_~:, 5:':(',. <!l~":' e'i.-' ;k(~ 'PC: ~ "':. ~ - PHELAN HALLINAN & SCHMIEG, LLP By: MICHELE BRADFORD, ESQUIRE IDENTIFICATION NO. 69849 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. COURT OF COMMON PLEAS CIVIL DNISION vs. PATRICIA A. SMITH CUMBERLAND COUNTY No.: 04-5135 CIVIL MOTION FOR POSTPONEMENT OF SHERIFF'S SALE Plaintiff, by its counsel, PHELAN HALLINAN & SCHMIEG, LLP, petitions this Honorable Court for a postponement of its Sheriffs Sale scheduled in the above captioned matter and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for December 7. 2005. 2. The mortgage relative to this matter is insured by the Secretary of Veterans Affairs. 3. The Secretary of Veterans Affairs is responsible for issuing the bid price of the property to the Plaintiff prior to the Sheriffs Sale. An appraisal of the property must be completed prior to the issuance of this bid. 4. A one month postponement of the Sheriffs Sale will enable the Plaintiff to have the required appraisal completed and the Secretary of Veterans Affairs to issue a bid price ofthe property. WHEREFORE, Plaintiff respectfully requests that the Sheriffs Sale of the mortgaged premises be continued to February 1. 2006. PHELAN fIAL AN & SCHMIEG M CH L B FORD, ESQUIRE ATTORNEY FOR PLAINTIFF PHELAN HALLINAN & SCHMIEG, LLP By: MICHELE BRADFORD, ESQUIRE IDENTIFICATION NO. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHlLADELPHlA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS, INC. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DIVISION vs. PATRICIA A. SMITH CUMBERLAND COUNTY No.: 04-5135 CIVIL PLAINTIFF'S MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 3129.3 provides for the postponement of a Sheriffs Sale of real property by special Order of Court. In the case sub judicia, a Sheriffs Sale ofthe mortgaged premises has been scheduled for December 7. 2005. However a postponement ofthe Sheriffs Sale is required to enable the Plaintiff to perform an appraisal of the property. The appraisal is needed by the Secretary of Veteran's Affairs in order to calculate an accurate bid price of the mortgaged premises for the Sheriff's Sale. Inasmuch as the postponement will inure to the benefit of the Defendant, Defendant will not be injured by the granting ofthe relief requested. Accordingly, Plaintiff respectfully requests a postponement of the Sheriff's Sale of the mortgaged premises to the F ebruarv 1. 2006 sale. RESPECTFULLY SUBMITTED: FO SQUIRE FOR PLAINTIFF MICH ATTO VERIFICATION MICHELE BRADFORD, Esquire, hereby states that she is the attorney for the plaintiff in this action, that she is authorized to take this verification, and that the statements made in the foregoing Motion for Postponement of Sheriff's Sale are true and correct to the best of her knowledge, information and belief. The undersigned also understands that this statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unsworn falsification to authorif Date: December 7,2005 PHELAN HALLINAN & SCHMIEG, LLP By: MICHELE BRADFORD, ESQUIRE IDENTIFICATION NO. 62205 ONE PENN CENTER AT SUBURBAN ST A nON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. vs. PATRICIA A. SMITH ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DIVISION CUMBERLAND COUNTY No.: 04-5135 CNIL CERTIFICATION OF SERVICE I, MICHELE BRADFORD, hereby certify that a copy of the Motion for Postponement of Sheriff's Sale has been sent to the individuals indicated below on December 7, 2005. PATRICIA A. SMITH 221 MARKET STREET NEW CUMBERLAND, PA 17070 ,~ ~, -,', , \ ~ (. ~ j ~ .. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. COURT OF COMMON PLEAS CIVIL DNISION UEC 0 7 2005 il"\ Ie CUMBERLAND COUNTY vs. PATRICIA A. SMITH No.: 04-5135 CIVIL ORDER ANDNOW,this 7~daYOf ~ , 2005, after consideration of Plaintiffs Motion to Postpone Sheriffs Sale ofthe rnortgaged property, it is hereby ORDERED that the said sale is extended to the regularly scheduled CUMBERLAND County Sheriffs Sale dated February L 2006. B defendant is required. No further advertising or additional notice to J. ~2 cCC -=2 ~ ~ -.> ~ ~ ~ ~ r- ,.-....., t-~ ,...0 '" \;/ ~ Z Of() t ~ ~ ~ +- ct- (;\1 r- , ~ 0 t. 3 ip~ ~ r .' r""', ..",- f~.' , PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.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. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Patricia Smith No. 04-5135 Civil Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: I. Plaintiff commenced this foreclosure action by filing a Complaint on October 12, 2004, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on May 3, 2005 in the amount of$68,51 0.66. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. The Property is listed for Sheriffs Sale on February 1,2006. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 4. Additional sums have been incurred or expended on Defendant' behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through 2/1/06 Per Diem $14.00 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/BPO Suspense/Misc. Credits Escrow Deficit 60,972.02 9,542.40 588.98 1,375.00 2,213.55 1,500.00 11,905.00 725.00 0.00 1,134.48 TOTAL $89,956.43 5. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 6. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: /;/9/0G , ' By: Phelan Hallinan & Schmieg, LLP 77/--ld 77/63 A-CdLJ2 Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.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. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Patricia Smith No. 04-5135 Civil Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendant executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 221 Market Street, New Cumberland, P A 17070. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. 1II. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiff's interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the tenns of the Mortgage. IV. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 5 I Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). The provision of the Mortgage which allows the Plaintiff to recover attorney's fees in the instant action is highlighted for the court's reference. In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 CPa. Super. 1979). Recently, the Superior Court cited Fetner in confinning that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicoro v. Morrisville Hampton Realty, 662 A.2d I 120 CPa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. V. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any reliefuntil that judgment is satisfied. 20 P.L.E., Judgments S 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 3 I 9, 32 I (1958), Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. ] 988). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. I] 7,282 A.2d 335 (197 I), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. A1toona Trust Co., 332 Pa. 545,2 A.2d 826 (1939). Because ajudgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Bums, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In Rey. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct ajudgment to conform to the facts of a case. 257 Pa. Super. 157,390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the tenns of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on tenns of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: //;9/0& J By: 7?J--'CL TYJ 0 ~ Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" 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 ELECTRONlC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 COURT OF COMMON PLEAS CNIL DN1SION TERM v. NO. 04 - 05/:25 C;ut~"r1 Plaintiff CUMBERLAND COUNTY PATRICIA A. SMITH 221 MARKET STREET NEW CUMBERLAND, P A 17070 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 com'plaint and notice are served, by entering a written appearance personally or by attomey and filing in writing with the court your defenses or objections to the claims set forth against you. You are wamed that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAl, SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street CaTlisle, PA ]7013 (800)990-9108 TRUE COpy FROM RECORD In Testimony whl!reQl, I here unto let my hand and 1M seal of s.M G ';.;11 at CarIIII. PI. '- Thls ~~~P~'~~I~ honotal} -j ,,) ~' ,.,r": ,,' ,;, File #: 100263 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 ] 400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONlC REGISTRATION SYSTEMS, INC. 820] GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 COURT OF COMMON PLEAS CNIL DNISION TERM Plaintiff v. NO. CUMBERLAND COUNTY PATRICIA A. SMITIl 221 MARKET STREET NEW CUMBERLAND, P A ] 7070 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 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 TIlE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITIl INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFlCE MAY BE ABLE TO PROVIDE YOU WITIl INFORMATION ABOUT AGENCIES TIlA T 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, P A 17013 (800)990-9108 Ne hereby ceftify the Nithin to be a tnw and correct copy of the original filed of record i:EDERMAN AND PHEl Fi1c#: 100263 File #: 100263 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 VERI FICA TION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2. The name(s) and last known address(es) of the Defendant(s) are: PATRICIA A. SMITH 221 MARKET STREET NEW CUMBERLAND, PA 17070 who is/are the mortgagor(s) and real owner(s) ofthe property hereinafter described. 3. On 10/3111996 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to COLUMBIA NATIONAL, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1349, Page: 744. By Assignment of Mortgage recorded 6114/04 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 708, Page 4948. 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 05/0 I /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#: 100263 6. The following amounts are due on tbe mortgage: Principal Balance Interest 04/01 /2004 through 10/11/2004 (Per Diem $14.40) Attorney's Fees Cumulative Late Cbarges 10/31/1996 to 10/11/2004 Cost of Suit aud Title Search Subtotal $60,972.02 2,793.60 850.00 84.31 1.750.00 $ 65,449.93 Escrow Credit Deficit Subtotal 0.00 123.13 $ 123.13 TOTAL $ 65,573.06 7. The attorney's fees set forth above are in confonnity with tbe mortgage documents and Pennsylvania law, and will be collected in the event of a third party purcbaser at Sberiffs Sale. Iftbe Mortgage is reinstated prior to tbe Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set fortb in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by tbe mortgage document, as applicable, bave been sent to the Defendant(s) on tbe date(s) set forth tbereon, and the temporary stay as provided by said notice has tenninated because Defendant(s) haslhave failed to meet with the Plaintiff or an autborized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because tbe original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against tbe Defendant(s) in the sum of $ 65,573.06, together witb interest from 10/11/2004 at the rate of $14.40 per diem to the date of Judgment, and other costs and cbarges collectible under tbe mortgage and for tbe foreclosure and sale of the mortgaged property. By: AN AND,PHEL~ LLJI/Ji=-- ~allinan F FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALUNAN, ESQUIRE Attorneys for Plaintiff File #: 100263 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel ofland situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particu]arly bounded and described as follows, to wit: BEGINNING at a point, thc northeast comer of Second Alley and Market Street; thencc northeastwardly along Second A1]ey, a distance of seventy (70) feet to a point at land now or formerly ofS.B. Marks Company; thence by said Marks land, northwestwardly parallel with Market Street, a distance of twenty-three and one hundredths (23.01) feet to a point; thence southwestwardly along and through the center line of a double frame dwelling house known as 22] and 223 Market Street, a distance of seventy (70) feet to Market Street; thence southeastwardly along Market Street, a distance of twenty-three and one-hundredths (23.01) feet to Second Alley, the place ofBEG]NNING. Being No. 221 Market Street File #-, 100263 VERIFICATION Richard T. Martin hereby states dlat she is SENIOR VlOEPRESIDENT 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, infonnation and belief. The undersigned understands that this statement is made subject to the penalties of J 8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~K /2 DATE: Il!k# Richard T. Martin Sr. Vice President Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., 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 o "> _.~:; :s 0 c.n *I, NO. 04-5135 CIVIL f?' ~ ~'i!' ~;j , -om PATRICIA A. SMITH ,-, (".,) .OC(? ::... 5;:;' ,_ ~;~ Q.. J;;..,- _ _ . ( ) C, ~ ~fendant(s). : t~ ~~ ~ 11 ~ : ~ ~ 0:-';; . "<..- ?:-: ~PRAECIPE FOR IN REM JUDGMENT FOR FAILURE..n- ~ ~~. ANSWER AND ASSESSMENT OF DAMAGES ~-~ & ~:9 TO THE"Ii;" ONOTARY: "'" - q:: CIVIL DIVISION Plaintiff, v. Kindly enter an in rem judgment in favor ofthe Plaintiff and against PATRICIA A. SMITH, 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 10/12/04 to 5/3/05 TOTAL $65,573.06 $2,937.60 $68,510.66 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. ~ ~ ~rfr ~tJ ~~ ~~ D~~ ARE HEREBY ASSESSED AS INDICATED. DA~i: ....--------.- ~ rt ~~ .<- " PRO PROTHY VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, infonnation and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. DATE: / ~9 /oe, , By: Phelan Hallinan & Schmieg, LLP 77JAd 7J/ 0'~ Michele M. Bradford, Esquire Attorney for Plaintiff 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. ATTORNEY FORPLAlNTITF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Patricia Srnith No. 04-5135 Civil Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. Patricia Smith 221 Market Street New Curnberland, P A 17070 Phelan Hallinan & Schmieg, LLP DATE: ;//9/0e. By: 77JA-C/.m43~ Michele M. Bradford, Esquire Attorney for Plaintiff . , , ":.-;-\ --::" e -",) c.;. ,. 02/01/06 WED 09:00 FAX 2155633826 PHELA." HALLI~AN &SCHMIEG 141002 PHELAN HALLINAN & SCHMIEG, LLP By: NUCHELEBRADFORD,ESQUTRE IDENTIFICATION NO. 69849 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. A TIORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DMSION vs. PATRICIA A. SMITH CUMBERLAND COUNTY No.: 04-5135 CIVil.. MOTION FOR POSTPONEMENT OF SHERIFF'S SALE Plaintiff, by its counsel, PHELAN HALLINAN & SCHMIEG, LLP, petitions this Honorable Court for a postponement of its Sheriffs Sale scheduled in the above captioned matter and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for FebnLary 1. 2006. 2. The mortgage relative to this matter is insured by the Secretary of V eterans Affairs. 3. The Secretary of Velerans Affairs is responsible for issuing the bid price of the property to the PlaintiffprioT to the Sheriff's Sale. An appraisal of the property must bc completed prior to the issuance of this bid. 4. A one month postponement of the Sheriff's Sale will enable the Plaintiffto have the required appraisal completed and the Secretary of Veterans Affairs to issue a bid price ofthe property. WHEREFORE, Plaintiff respectfully requests that the Sheriffs Sale of the mortgaged premises be continued to March 8. 2006. PHELAN HALLINAN & SCHMIEG ., fJC?v {~< j .p- /1~lde. tz,,41A C LE BRADFO D, ESQUIRE ATTORNEYFO~PL~ITF 02/01/06 fl~D 09:00 FAX 2155633826 PHELAN HALLINAN &SCHMIEG I4J003 PHELAN BALLINAN & SCHMIEG, LLP By; MICHELE BRADFORD, ESQUIRE IDENTIFTCATIONNO.62205 ONE PENN CENTER AT SUBURBAN ST ATlON 1617 JOHNF. KENNEDY BLVD., SUlTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEYFORP~WF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, We. COURT OF COMMON PLEAS CIVIL DIVISION vs. P ATRIeTA A. SMITH CUMBERLAND COUNTY No.: 04--5135 CIVIL PLAINTIFF'S MEMORANDUM OF LAW Pennsylvania Rule of Civil Proccdure 3129.3 provides for the postponement of a Sheriff's Sale of real property by special Order of Court. In the case sub judicia, a Sheri ff' s Sale of the mortgaged premiscs has been scheduled for February I. 2006. However a postponement of the Sheriff's Sale is required to enable the Plaintiff to perform an appraisal of the property. The appraisal is needed by the Secretary of Vetcran's Affairs in order to calculate an accurate bid price of the mortgaged premises for the Sheriffs Sale. Inasmuch as the postponement will inure to the benefit of the Defendant, Defendant will not be injured by the granting of the relief requested. Accordingly, Pl aintiff respectfully requests a postponement of the Sheriffs Sale of the mortgaged premises to the March 8. 2006 sale. RESPECTFlIT..L Y SUBMITTED: PHELAN HALLINAN & SCHMIEG ~./ IMcXe..l/~c;~d CH LE BRADFO , ESQUIRE ATTORNEYFORPLAlN~ 02/01/06 WED 09:00 FAX 2155633826 PHELAN HALL1N~~ &SCa~IEG Ii!J 004 VERIFICATION MICHELE BRADFORD, Esquire, hereby states that she is the attorney for the plaintiff in this action, that she is authorized to take this verification, an,d that the statements made in the foregoing Motion for Postponement of Sheriff's Sale are true and correct to the best of her knowledge, information and belief. The tUldersigned also understands that this statement herein is made subject to the penalties of 18 Pa_ Sec. 4904 relating to unsworn falsification to authorities. Date: January 31. 2006 02/01/06 WED 09:00 FAX 2155633826 PHELAN HALLINAN &SCHMIEG I4i 005 PHELAN HALLINAN & SCHMlEG, LLP By: MICHELE BRADFORD, ESQUlRE IDENTIFICATION NO. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHll..ADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVILDMSION vs. PATRICIA A. SMITH CUMBERLAND COUNTY No.: 04-5135 CIVIL CERTIFICATION OF SERVICE I, MICHELE BRADFORD, hereby certify that a copy of the Motion for Postponement of Sheriffs Sale has been sent to the individuals indicated below on January 31. 2006. PATRICIA A. SMITH 221~KETSTREET NEW CUMBERLAND, P A 17070 PHELAN HALLINAN & SCHMIEG , -14 I. ~~ :fUO)dl%t.#J . BRADFO , ESQUlRE ATTORNEY FOR PLAINTIFF o (- / ,--, = ~..) c'-, o "T1 ...... ~:c -n ~;~ ~~J :'--'I,.L .~'!_ \~ t:', >~~-1~ ~ ::\ 'n =-< -r'\ fTl C.:J I ::r;'~ -",-- ~". ...-:? en c:: 02/01/06 WED 08:59 FAX 2155633826 PHELAN HALLINAN &~CHMI~~ l0 UUl. , MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, IN'C. COURT OF COMMON PLEAS CIVIL DIVISION F'::) (\ , , vs. f' PATRICIA^- SMITH CUMBERLAND COUNTY No.: 04-5135 CNIL ORDER AND NOW. this Ldayof I" e.'t.'\'0' Il.\f'i , 2006, after consideration of Plaintiff's Motion to Postpone Sheriff's Sale of the mortgaged property, it is hereby ORDERED that the said sale is extended to the regularly scheduled CUMBERLAND County Sheriff's Sale dated March 8, 2006. No further advertising or additional notice to lienholders or defendant is required. BYTHE(:t' ~h COfr {nAIl~ 1# PM4/>. ~1d9~~ ctScJ'~'LJ Cdf; 1'1~)~J Iblru..", 'S~,fJ .-.> C;::' coo (:.."'i.... "'"' G \ - S?t -' -:l."'-' rn?: _'n~ "i'J~r' :),() -y~_ :I;.\ f"'''") :?~~\ S, ~ ."., ~ ..>>- o ,- o 1':"" . . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. PATRICIA SMITH : NO. 2004 - 5135 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of FEBRUARY, 2006, a Rule is issued upon Plaintiffto Show Cause why the Defendant's Motion to Reassess Damages should not be granted. Rule returnable twenty (20) days after service. Edward E. Guido, J. Michele M. Bradford, Esquire One Penn Center at Suburban Station 1617 JFK Blvd., Suite 1400 Phila., Pa. 19103-9897 Patricia Srnith 221 Market Street New Cumberland, Pa. 17070 ~ .-'}'Yt..-tt..<'/(.! .:J .c{,.at, C)..., :sld ',!-,'t"i'J " \ _I \ uti ~ .. - I ~'~; Q _ 0':14 Gij'Un .J \,,':1.,.. J 1..1 AtJ\/L();',Lj, 'lJ_',,~:'U:J 3\-\1 dO 3~);:"j~Ci-J3-11~ . 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 Sheriff's Deed in which Secretary of Veterans Affairs is the grantee the same having been sold to said grantee on the 8th day of March AD., 2006, under and by virtue of a writ Execution issued on the 3rd day of May. AD., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2004 1'M Number 'ft35, at the suit of Mortgage Electronic Reg Systems Inc against Patricia A Smith is duly recorded in Deed Book No. 273, Page 3655. IN TESTIMONY WHEREOF, I have hereunto set my hand rl9-ti. and seal of said office this day of ~ ,A.D. doof ~o rofDeeds, .,' of Cluly, -. M ' My COmmIIIIon' lhI FlIII MonlIIr ol..... ~.J<<l' ".. Mortgage Electronic Registration Systems, Inc. VS Patricia A Smith The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-5135 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice of Sale and Description in the following manner: The Sheriff mailed notice of the action by certified mail, return receipt requested, restricted delivery, deliver to addressee only, to the within named defendant, to wit: Patricia A. Smith at her last known address of 221 Market Street, New Cumberland, PA 17070. This letter was mailed under the date of May 5, 2005. The unopened letter was returned to the Sheriffs Office on May 31, 2005 marked "Unclaimed." Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on July 07,2005 at 4:27 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 A. Smith, located at 221 Market Street, New Cumberland, Pennsylvania, according to law. 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 March 8, 2006 at 10:00 o'clock AM. He sold the same for the sum of$1.00 to Attorney Daniel Schmieg for Secretary of Veterans Affairs, an Officer of the United States of America. It being the highest bid and best price received for the same, Secretary of Veterans Affairs, an Officer of the United States of America of 1000 Liberty Avenue, Pittsburgh, PA 15222 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $891.30. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Postpone Sale $30.00 16.69 15.00 15.00 30.00 10.00 .50 1.00 13.60 5.87 15.00 40.00 Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 20.00 317.00 277.94 18.20 25.00 40.50 $ 891.30 Sworn and subscribed to before me 2006, A.D. S~~~~ R. Thomas Kline, Sheriff By\J~~ \~ Real Estat ergeant ~~ 30.OU p-V '3331 ck.. I> ;...,. /'1'1'7.1-;"- - , . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS.INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION PATRICIAA. SMITH NO. 04-5135 CIVIL 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 ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .221 MARKET STREET. NEW CUMBERLAND. PA 17070. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PATRICIA A. SMITH 221 MARKET STREET NEW CUMBERLAND. P A 17070 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) DSI FUNDING LLC 2425 COMMERCE AVENUE BUILDING 2100, SUITE 100 DELUTH, GA 30096 ;: f 4. Name and address oflast recorded holde~ 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) TenantJOccupant 221 MARKET STREET NEW CUMBERLAND, P A 17070 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. -- . April 29. 2005 DATE . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 04-5135 CIVIL v. PATRICIAA. SMITH Defendant(s). April 29, 2005 TO: PATRICIA A. SMITH 221 MARKET STREET NEW CUMBERLAND, P A 17070 "THIS FIRM IS A DEBT COLLECTOR AITEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN AITEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at. 221 MARKET STREET. NEW CUMBERLAND. PA 17070. is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7. 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $68.510.66 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 PaRC.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 ifthe 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. Ifthe 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 mav not be sold in the absence of a reoresentative of the olaintiff 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. CUMBERI-AND COUNTY ATTORNEY REFERRAL CUMBERI-AND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERI-AND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 DEllCRIPnON ALL THAT CERTAIN piece or 1"'=1 orland situare in \be Borough of New Ctlmberlalld, Cumberland CowUy, Pcnnsylvlmia, more particularly ""'....... aad dllllCl'illcd 1lS follows, to wit: BBOINNINO at a pollll. dIC: Nollheasl: C01'IlIlI' of Second alley and Market Street; tlIeooo NOl'lheastwardly IIloDg Second Alley. II distance of IeVeDly (70) feet to II point at bud IlOW or fmID.e1y of S. 8. MaI1<s Company; thoace by said Mub LaIld, NordtwoolwlInUy parallcl wiIb Market Street, a dlslDnce oftwenly-three and DOC bundrodlbS (D.OI) feet to a poiat; 1IIencc SoutIIwestwardly lIIoag aIIII through the center line of a 00ublc frlIIIle dwelling hOlIte klIown tl$ 221 IIId 223 Marl<d Stm!l, a distan4;e of seventy (70) feet to Market Street; tbeace aoulh.a.nwanlly alOlll MarRt Street. a distaIoce of lWetII.y-lIIree aIIII 011O bundRdtlul (23.01) feet to Second Alley, dle pJacc of beginnlng. HA VfNO mE'REON ERBCTIID a three story dwelIiag house ~nowA aud IIIIIIIbeRd .. 221 Market Street. New Cumbcrlallll, Peuusyl\lllnia. TIX Pan:eI 125-25-0006-319 'f1TI..E TO S{\JD PRBMlSES IS VESTED IN Patricia A. Smidl, singh: WOIlW\, Oy Deed from Sherry L. Zeigler, single W()l1I8J1, dared 1013111996 and rccotded 111111996 in Dc:cd Book 148, Page 533. Premises: 221 Market Street, New Cumberland, P A 17070 WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5135 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 A. SMITH (I) You are directed to levy upon the property of the defendant (o)and to sell SEE LEGAL DESCRITPION (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 $68,510.66 L.L. $.50 Interest FROM 5/3/05 TO 9/7/05 (PER DIEM - $11.26) - $1,430.02 AND COSTS Atty's Corom % Due Prothy $1.00 Atty Paid $187.96 Other Costs Plaintiff Paid Date: MAY 3, 2005 CURTIS R. LONG (Seal) Prothonotary ~. .1Z n-. 4 2 .7?:/l /M- r. r-- Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHlLADELPHlA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No. 62205 Real Estate Sale # 18 On May 05, 200S the Sherifflevied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 221 Market Street, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 05, 200S By:J()~~ Real Estate Deputy ~ ~ ~ ~ ez :f: d 11- AYH SOUl Ifd 'A1HflO:J ml'rJi:J38Wn:J ~.:j)~3HS 3Hl .:10 3:JU.:I0 ,-" ::-.r--;-;-:;~-~~-;.~;; j ., t\ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania. County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth 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 19th and 26th day(s) of July and the 2nd day( s) of August 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 "M", Volume 14, Page 317. COPY SALE #18 Sworn to and NOT Y PUBLIC My connnission expires June 6, 2006 PUBLICATION 4 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE 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 277.94 .: I: t" " . PROOF OF PUBLICATION OF NOTICE INCUMBERI-AND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERI-AND 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 of the said Cumberland Law Journal on the following dates, VIZ: July 15, 22, 29, 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. , SWO TO AND SUBSCRIBED before me this 29 day of Julv. 2005 NOTARiAl SEAL LOIS E. SNYDER. Notary Public Carisle BolO. Cumberland County My Commission Expires March 5. 2009 II&tL .-TAD UL& 110. 18 Wrtt No. 2004-5135 CMf Mortgage Electronic Registration Systems. Inc. vs. Patrtcia A. SmJth Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN piece or par- cel oftand situate in the Borough of New Cumberland. Cumberland Coun- ty., PennsylvanJa. more particularly bounded and described as follows. to wit: BEGINNING at a point. the North. east corner of Second Alley and Market Street. thence Northeastward- lyalong Second AIley. a distance of seventy (70) feet to a point at land now or formerly of S. B. Marks Com- pany; thence by said Marks Land. Northwestwardly parallel with Mar- k.ct stn:et.. !:Io "'.~D""","", nf ....~...,~'ribme and.... lna>dJ..dth. {2~1.01J reet to a point; thence Southwestwardly along and through the center line of a dou- ble frame dwellIng house known as 221 and 223 Market Street a dis- tance of seventy (70) feet to Market Street; thence southeastwardly along Market Street. a dIstance of twenty- three and one hundredths (23.01) feet to Second Alley the place of be- ginning. HAVING THEREON ERECfED a three story dwelling house known and numbered as 221 Market Street New Cumberland. Pennsylvania. Tax Parcel #25-25-0006-319. TITLE TO SAID PREMISES IS VESTED IN Patricia A. Smith. single woman, by Deed from Sherry L. Zeigler. single woman. dated 10/311 1996 and recorded 1I/1/1996 In Deed Book 148. Page 533. Premises: 221 Market Street. New Cumberland. PA 17070.