HomeMy WebLinkAbout04-5937
FEDERMAN PHELAN, LLP
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S, HALLINAN, ESQ., Id. No. 62695
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000
ATTORNEY FOR PLAINTIFF
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INe.
8201 GREENSBORO DRIVE, SUITE 350
MCLEAN, VA 22102
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff
TERM
No.CY-I-S1131 C~;L~~
CUMBERLAND COUNTY
v.
TERRENCE LEE MCBRIDE
DOUGLAS T. MCBRIDE
212-216 CREEK ROAD
CAMPHll.,L, PA 17011
Defendants
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGffiLE 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
File #: 100078
File #: 100078
IF THIS IS THE FIRST NOTICE THAT YOU HAVE
RECEIVED FROM THIS OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION
PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977),
DEFENDANT(S) MAY DISPUTE THE VALIDITY OF
THE DEBT OR ANY PORTION THEREOF. IF
DEFENDANT(S) DO SO IN WRITING WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL
OBTAIN AND PROVIDE DEFENDANT(S) WITH
WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO
BE VALID. LIKEWISE, IF REQUESTED WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL
SEND DEFENDANT(S) THE NAME AND ADDRESS
OF THE ORIGINAL CREDITOR, IF DIFFERENT
FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT
UNTIL THE END OF THE THIRTY (30) DAY
PERIOD FOLLOWING FIRST CONTACT WITH
YOU BEFORE SUING YOU TO COLLECT THIS
DEBT. EVEN THOUGH THE LAW PROVIDES
THAT YOUR ANSWER TO THIS COMPLAINT IS
TO BE FILED IN THIS ACTION WITHIN TWENTY
(20) DAYS, YOU MAY OBTAIN AN EXTENSION OF
THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A
JUDGMENT UNTIL THE EXPIRATION OF THIRTY
(30) DAYS AFTER YOU HAVE RECEIVED THIS
COMPLAINT. HOWEVER, IF YOU REQUEST
PROOF OF THE DEBT OR THE NAME AND
ADDRESS OF THE ORIGINAL CREDITOR WITHIN
THE THIRTY (30) DAY PERIOD THAT BEGINS
UPON YOUR RECEIPT OF THIS COMPLAINT,
THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR
OTHERWISE) TO COLLECT THE DEBT UNTIL
WE MAIL THE REQUESTED INFORMATION TO
YOU. YOU SHOULD CONSULT AN ATTORNEY
FOR ADVICE CONCERNING YOUR RIGHTS AND
OBLIGATIONS IN THIS SUIT.
IF YOU HAVE FILED BANKRUPTCY AND
RECEIVED A DISCHARGE, THIS IS NOT AN
A TTEMPT TO COLLECT A DEBT. IT IS AN
ACTION TO ENFORCE A LIEN ON REAL EST ATE.
1. 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:
TERRENCE LEE MCBRIDE
DOUGLAS T. MCBRIDE
212-216 CREEK ROAD
CAMPHILL, P A 17011
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3. On 03/30/1998 TERRENCE LEE MCBRIDE made, executed and delivered a mortgage
upon the premises hereinafter described to SOVEREIGN BANK which mortgage is
recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book
No. Book: 1441, Page: 857. By Assignment of Mortgage recorded 3/4/02 the mortgage
was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage
Book No. 685, Page 795.
4. The premises subject to said mortgage is described as attached,
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 06/01/2004 and each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of mortgagor to make such payments after a date specified
by written notice sent to Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith.
File #: 100078
6. The following amounts are due on the mortgage:
Principal Balance
Interest
05/01/2004 through 11/24/2004
(Per Diem $15.11)
Attorney's Fees
Cumulative Late Charges
03/30/1998 to 11/24/2004
Cost of Suit and Title Search
Subtotal
$83,267.79
3,142,88
1,225.00
116.40
$ 550.00
$ 88,302.07
Escrow
Credit
Deficit
Subtotal
0.00
865.91
$ 865.91
TOTAL
$ 89,167,98
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. The mortgage premises are vacant and abandoned.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of
$ 89,167,98, together with interest from 11/24/2004 at the rate of $15.11 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.
FEDERMAN PHELAN, LLP ~ ....
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By: /sIFrancis S. Hallinan
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S, HALLINAN, ESQUIRE
Attorneys for Plaintiff
File #: 100078
ALL THAT CERTAIN tract or Parcel of land 8I1d premi~ si~ lying and being in the
Township of Lower Allen in the County ofCumbe:rlaud and Commonwealth of Pennsylvania,
more particularly described as follows:
BEGINNING at an iron pin on the center of Legislative Route 21023. locally known as Creek
R.oad, at the westerly line oflands now OJ:' late of James 1. Christ and Thc:tesa Christ, his wife;
thence westwardly along said center line, 25 feet to a point; thence south 82 degrees S3 minutes
west, still along said center line and along lauds now or late ofHempt Bros., Inc., 69.43 feet to a.
brad at line ofland now or late of Alice Zimmerman; theace along said land now or late of
Zimmerman, North 05 degrees 41 tninut~ West, 146.31 feet to a stake at line ofland now or late
of Elwood Sutton; thence along the latter lands north 78 degrees IS min1Jtes east, S2.5 feet to a
stake at a. cotnet; thence by lands now or late ofJames L. Christ, south 38 degrees 49 minutes
. east, S6 feet to an iron pin; thence by the same, south 12 degrees 15 minutes east, 100 feet to a
point in the center of Legislative Route 21023, the place ofBEGlNNING.
HAVING mBREON ERECTED two 2~ story frame dwelling houses.
UNDER AND SUBJECf, NEVERTHELESS, to restrictions, easements, ~f.way and
conditions of prior record, including ~ right to use a 10 foot dri~eway aloo.g the western line of
the tract described hetein, in common with the owners and occupiers of the properties abutting
thereon.
BElNG THE SAME PRBMlSES WHlCH
V. Maurer~ Jr. by deed dated Dada Danner. now known as Dada Maurer and John
412, in the Officc Ofchcaecon1~i~~~ a: r::~=O~ 1998: Book 17~. page
granted and conveyod Ullto TCErCnce Lee McBride, single individual County, amsylvania.
PREMISES BEING: 212-216 CREEK ROAD.
VERIFICATION
FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for
Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the
verification could not be obtained within the time allowed for the filing of the pleading,
that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that
the statements made in the foregoing Civil Action in Mortgage Foreclosure are based
upon information supplied by Plaintiff and are true and correct to the best of its
knowledge, information and belief. Furthermore, it is counsel's intention to substitute a
verification from Plaintiff as soon as it is received by counsel.
The undersigned understands that this statement is made subject to the penalties of 18 Pa.
c. S. Sec. 4904 relating to unsworn falsifications to authorities.
~ffi <;; #
Francis S. Hallinan, Esquire
Attorney for Plaintiff
DATE:! !-2il-6<;J
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SHERIFF]S RETURN - REGULAR
CASE NO: 2004-05937 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MORTGAGE ELECTRONIC REGISTRAT
VS
MCBRIDE TERRENCE LEE ET AL
DAVID MCKINNEY
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
MCBRIDE TERRENCE LEE
the
DEFENDANT
, at 1240:00 HOURS, on the 8th day of December, 2004
at 26 ORANGE STREET
MT HOLLY SPRINGS, PA 17065
by handing to
TERRENCE LEE MCBRIDE
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Additional Comments
CREEK ROAD ADDRESS IS VACANT.
Sheriff]s Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
17.76
.00
10.00
.00
45.76
R. Thomas Kline
12/27/2004
FEDERMAN & PHELAN
Sworn and Subscribed to before
By:
,t? -#/%;-?1~'iA'/7
Deputy Sheriff
, /JC7
me thls (, '-. day of
(~l '1 / AD
Jr-Y(.A.U ..0 7 c/ 0-0' J . .
fI
~.Jl Q 1n"f!"I.n__ ~
P othonotary /
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-05937 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MORTGAGE ELECTRONIC REGISTRAT
VS
MCBRIDE TERRENCE LEE ET AL
VALERIE WEARY
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
MCBRIDE DOUGLAS T
the
DEFENDANT
, at 1810:00 HOURS, on the 22nd day of December I 2004
at 324 REAR SOUTH ENOLA DRIVE
ENOLA, PA 17025
by handing to
REBECCA MCBRIDE, SPOUSE
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Additional Comments
CREEK ROAD ADDRESS IS VACANT.
Sheriff]s Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
11.10
.00
10.00
.00
27.10
._ ~':":~ .:':' ,I .'"
II"
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R. Thomas Kline
12/27/2004
FEDERMAN & PHELAN
Sworn and Subscribed to before
JJ... t; /
Deputy Sheri~f
By:
t::I
me this /., '--' day of
C1, 4 d . "1 d-v-v SA. D .
f () I~ Q lvi...i€f. 'tAflrUi,
I~thonotary -=-r f
III
.
AFFIDAVIT OF SERVICE
CUMBERLAND COUNTY
PLAINTIFF
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.
TERRENCE LEE MCBRIDE
DOUGLAS T. MCBRIDE
PJT
No, 2004-05937
DEFENDANT(S)
ACCT, #8432492943
SERVE DOUGLAS T. MCBRIDE AT
324 SOUTH ENOLA DRIVE
ENOLA, P A 17025
Type of Action
Notice of Sheriff's Sale
Sale Date: JUNE 8, 2005
SERVE~
0")),, I",~ T 11,1 ,12.,<(, ~
Served and made known to ' v l,.. ,....) if J , I ~ C V-"J' . Defendant, on the
,200,.2,.t I/- i o..ro'c1ock f-_m., at j ;;..;/- '3 I FfJul'd 0 v<. I )
/;.JL day of
. F oVO I J.
tU Jo{CC l(
I Commonwealth of Pennsylvania, in the manner described below:
'X. Defendant personally served.
Adult family member with whom Defendant(s) reside(s). Name and Relationship is
Adult in charge of Defendant{ s}'s residence who refused to give name orTelationship.
Manager/Clerk of place of lodging in which Defendant{ s) reside( s).
Agent or person in charge of Defendant(s)'s office or usual place of business.
An officer of said Defendant(s)'s company.
Other:
- - I 1/ hz- 'r' gttJr::"'~ (:t)1~ Ie
DescjPtion: Age~ Height~ Weight~ Race~sex 14 Other -- h"'l r'-
I, C/d-ILe\.,:>c "'- ~ I Gll.fy, a-r~~tent adult, being duly swomaccording to law, depose and state that I
personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the
captioned case on the da.te and at the address indicated above.
Sworn to and snb~cribed LUCIUE ~= PubIlc
hefore me this l2:t!l day ~' ~ I..eIallfennvT~. F CculIy
of'-Y'/1(j"r'I' ,,200d,-" . .. /' /.,) ~~" MyQ...~IEJrpIIw~10._
Notary: '---f .. -- 'J i .{ "'~'-I By: M. c-/..,
Df.M_,,-.LLL.- r-- ~ " ~ 7j.
PLEASE AITEMPT SERVICE AT LEAS 3 TIMES. ICA DAT E;OFSERVICE
ATTEMPTED.
NOT SERVED
On the day of
.200~at
o'clock _.m., Defendant NOT FOUND hecause:
Moved Unknown
No Answer
Vacant
1 st Attempt:
/
/
Time:
2nd Attempt:
/
I
Time:
3'" Attempt:
/
I
Time:
Sworn to and subscribed
before me this _ day
of ,200 _'
Notary:
By:
Attornev for Plaintiff
Daniel G. Schmieg, Esquire - I.D. No. 62205
---
,"
',"'"
-
"
.'
AFFIDAVIT OF SERVICE
PLAINTIFF
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INe.
TERRENCE LEE MCBRIDE
DOUGLAS T. MCBRIDE
CUMBERLAND COUNTY
PJT
No. 20114-65937
DEFENDANT(S)
ACCT. #8432492943
SERVE TERRENCE LEE MCBRIDE AT
26 ORANGE STREET
MT. BOLLY SPRINGS, P A 17065
Type of Action
Notice of Sheriff's Sale
Sale Date: JUNE 8, 2005
SERVED J. dh / j
Servedandmadeknownl~7ellVt'tJC.~ le~ Md0~~efen~t,Onthe If dayof f'\:1t~ck ,200S
at 7//0 .0'Clock{2.m,at c;c ~IJ)~_ 9!J-, j ;i1rf, ({Clllt 9fl/;Kjfonunonweallh
of Pennsylvania, in the manner described below:
),( Defendant personally served.
Adult tinnily member with whom Defendant(s) reside(s). Name and Relationship is
Adult in charge of Defendant(s)'s residence who refused to give name or relationship.
Manager/Clerk of place of lodging in which Defendant(s) resider s).
Agent or person in charge of Defendant(s) 's office or usual place of business.
An officer of said Defendant( s)'s company.
Oilier: I ,
I II . gV"'-j "11>1 rc.
Description: Age;?'D Height~ weightJft2 Race Jill.Sex.li Oilier }JO:> \asseS'
I, d.B"e~c. ~ 'h, C~'lL~1 -:x: 't,ompetent adul~ being duly sworn according to law, depose and state that I personally handed
a true and correct copy of ilie Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the dale and at
the address indicated above.
Sworn to and su~s.cP~
befo~'s-J..!P!~ ~.
of 200"
NO~~ '~tdIGf!.,J{;Z4 ,BY' cf2
PLEASE ATTEMPT SERVICE~T LEA 3 lMES.INDICATE DA
NOT SERVED
NOTARIAL SEAL
lUClll..E H, CARTY, NoIt.ry PubBc I,
~Townshlp, FrriIIn ColIlly i
My Cornrni&Ilcl!l Exp/re8 Nov. 10. 2007 '
Es OF SERVICE ATTEMPTED.
On the day of ,200_, at o'clock _.m, Defendant NOT FOUND because:
Moved Unknown No Answer Vacant
1 st Attempt: / / Time: 2nd Attempt: / / Time:
3'd Attempt: / / Time:
-
Sworn to and subscribed
before me this _ day
of , 200 _'
Notary:
By:
Attornev for Plaintiff
Daniel G. SchmIeg, Esquire -I,D. No. 62205
\,"
.-----
-
-
PHELAN HALLINAN & SCHMIEG, L.L.P.
By: DANIEL G. SCHMIEG
. Identification No. 62205
Attorney for Plaintiff
ONE PENN CENTER AT SUBURBAN ST AnON
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215\ 563-7000
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS,INC.
8201 GREENSBORO DRIVE, SUITE 350
MCLEAN, VA 22102
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff,
v.
NO. 2004-05937
TERRENCE LEE MCBRIDE
DOUGLAS T. MCBRIDE
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 TERRENCE LEE
MCBRIDE and DOUGLAS T. MCBRIDE, Defendant(s) for failure to file an Answer to Plaintiff's
Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises,
and assess Plaintiff's damages as follows:
As set forth in Complaint
Interest from 11/24/04 to 3/1/05
TOTAL
$89,167.98
$1,480.78
$90,648.76
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.
~fG .
DANIEL G. SCHM~QUIRE
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICAT.
DATE: (Yl'::VJr ~.J / :l{)~
PHELAN, HALLINAN AND SCHMIEG
By: Lawreuce T. Phelan, Esq., Id, No. 32227
Francis S. Hallinan, Esq" Id. No. 62695
Daniel G. Sclunieg, Esq., Id. No. 62205
One Penn Center Plaza, Suite 1400
Philadelphia, PA 19103
(215\ 563-7000
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.
ATTORNEY FOR PLAINTIFF
: COURT OF COMMON PLEAS
Plaintiff
: CIVIL DIVISION
Vs.
: CUMBERLAND COUNTY
TERRENCE LEE MCBRIDE
DOUGLAS T. MCBRIDE
Defendants
: NO, 04-5937-CIVIL
TO: TERRENCE LEE MCBRIDE
26 ORANGE STREET
MT, HOLLY SPRINGS, PA 17065
DATE OF NOTICE: JANUARY 26.2005
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO
YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY
INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.lF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS
ENFORCEMENT OF LIEN AGAINST PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSON ALL Y OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTIl AGAINST YOU. UNLESS YOU ACT WITHIN TEN DA YS FROM THE
DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MA Y LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO lllRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH
INFORMA nON 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 ASSOCIA nON
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(800)990-9108
FRANClS S IlAI.L1N'\'I, ESQUIRE
Attorneys for Plainttff
PHELAN, HALLINAN AND SCHMIEG
By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF
Francis S. Hallinan, Esq., Id. No, 62695
Daniel G. Schmieg, Esq., Id. No. 62205
One Penn Center Plaza, Suite 1400
Philadelphia, PAl 91 03
(215) 563-7000
MORTGAGE ELECTRONIC REGlSTRA TION : COURT OF COMMON PLEAS
SYSTEMS, INC.
Plaintiff
: CIVIL DIVISION
Vs.
: CUMBERLAND COUNTY
TERRENCE LEE MCBRIDE
DOUGLAS T. MCBRIDE
Defendants
: NO. 04-5937.CIVIL
TO: DOUGLAS T. MCBRIDE
324 SOUTH ENOLA DRIVE
ENOLA, P A 17025
DATE OF NOTICE: JANUARY 26, 2005
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO
YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY
INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECI' A DEBT, BUT ONLY AS
ENFORCEMENT OF LIEN AGAINST PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALL Y OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM
THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND
YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU
WITH INFORMATION ABOUT HIRING A LAWYER
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU
WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT
A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(800)990-9108
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintirr
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-05937 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MORTGAGE ELECTRONIC REGISTRAT
VS
MCBRIDE TERRENCE LEE ET AL
DAVID MCKINNEY
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
MCBRIDE TERRENCE LEE
the
DEFENDANT
at 1240:00 HOURS, on the 8th day of December, 2004
at 26 ORANGE STREET
MT HOLLY SPRINGS, PA 17065
by handing to
TERRENCE LEE MCBRIDE
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Additional Comments
CREEK ROAD ADDRESS IS VACANT.
Sheriff's Costs:
Docket:ing
Service
Affidavit
Surcharge
So Ans.vJers:
18.00
17.76
.00
10.00
:00
45.76
R. Thomas Kline
12/27/2004
FEDERMAN & PHELAN
Sworn and Subscribed to before
By:
~/,?/
//// //,- , '
t?~;/ij/ )fiY:Y}//_L"</
Deputy Sheriff'/
me this
day of
A.D.
:? :_-:J:::: hene t a rjr
SHERIFF'S RETURN - REGULAR
.
CASE NO: 2004-05937 P
COMMONWEALTH OF PEtJNSYLVANIA:
COUNTY OF CUMBERLAND
MORTGAGE ELECTRONIC REGISTRAT
VS
MCBRIDE TERRENCE LEE ET AL
VALERIE WEARY
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
MCBRIDE DOUGLAS T
the
DEFENDANT
, at 1810:00 HOURS, on the 22nd day of December, 2004
at 324 REAR SOUTH ENOLA DRIVE
ENOLA, PA 17025
by handing to
REBECCA MCBRIDE, SPOUSE
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing Her attention to the concents chereof.
Additional Comments
CREEK ROAD ADDRESS IS VACANT.
Sheriff's Cost:s:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
11.10
.00
10.00
.00
27.10
"
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R. Thomas Kline
17/7,7 /2004
FEDERMAN & PHELAN
Sworn and Subscribed to before
By:
JJ.; !J /
Deputy Sheri~f
me this
day of
A.D.
ProthC:H10Cd.i:.-Y
PHELAN HALLINAN & SCHMIEG, L,L.P.
. By: DANIEL G. SCHMIEG
Identification No. 62205
ONE PENN CENTER AT SUBURBAN STATION
1617 JOlIN F, KENNEDY BLVD., SUITE 1400
PffiLADELPffiA, PA 19103-1814
(215) 563-7000
ATTORNEY FOR PLAINTIFF
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS,INC.
8201 GREENSBORO DRIVE, SUITE 350
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff,
v.
NO. 2004-05937
TERRENCE LEE MCBRIDE
DOUGLAS T. MCBRIDE
Defendant(s),
VERIFICATION OF NON-MILITARY SERVICE
DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attomey for the Plaintiff in
the above-captioned matter, and that on information and belief, he has knowledge ofthe following facts,
to wit:
(a) that the defendant(s) is/are not in the Military or Naval Service ofthe 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 TERRENCE LEE MCBRIDE is over 18 years of age and resides at
26 ORANGE STREET, MT. HOLLY SPRINGS, PA 17065.
(c) that defendant DOUGLAS T. MCBRIDE is over 18 years of age, and resides at,
324 SOUTH ENOLA DRIVE, ENOLA, P A 17025.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
lu,~o G lr 1.,.~~
DANIEL G. SCHMIEG, E QUIRE
Attorney for Plaintiff
LEGAL DESCRIPTION
AU. THAT CERTA[N tract or parcel of land and premises, situate, lying and being in the Township
of Lower Allen, County of Cumberland, and Commonwealth of Pennsylvania, llIore particularly
dC$Cribed lIl> follows:
BEGINNING at an iron pin on the center line of Legislative Route 2123. locally known lIl> Creel:: Road,
at r:l1e Westerly line of lands now 01' lare of Jame8 L Christ, and Theresa ChriSt, his wire; (henee
Westwardly along saW cemer line, 25 feet to a point; Ihente South 52 degrees 53 minutes West, still
along saW o:nteI: line aDd along lands lIOw or late of Hempt Bros., 111<;" 89.43 feet(o a brad at line of
!aDd I\()W or late of Alice Zimmerman: thence along said land now or Iat.e of Zimmel11lllI1, North 05
degrees 41 milUlteS West, 146.3] feet to a stake at line of land now or late of Elwood Sutlon; thence
along die latter land, North 78 degrees [5 minutes &st, 52.5 feet to a stake at a comer; thence by lands
now or late of James L. Christ, South 38 degrees 49 minutes East, 56 feet to an iron pin; thence by the
same. SOuth 12 degrees 15 minutes East, 100 ft:et to a point in tlte ceoler of legislative Route 21023,
the place of beginning.
TITLE TO SAID PREMISES [S VESTED IN TerrlUl<:C Lee McBride, a single person by reason of
the following:
BErNG THE SAME premlse9 which Oarhl Danner allda Daria Maurer and John V, Maurer, Jr. b)'
Dcod dated 3/3011998 and recorded 3/30/1998 In the County of Cumberland in Deed Book 174,
Pa~ 41Z conveyed unto Terrence Lee McBride. single person_
AND BEING the same premises wbicb Terrance Lee McBride, single person by Deed tJate<!
4J291l999 and recorded 5/5/1999 in the Cowlty of Cumberland in Deed Book 198 Page 1037
conveyed IIIltO Douglas T. McBride, single pcrsotI,
AND ALSO BEING the same premises wbich Dougllll> T- McBride, a singk: person by Deed dated
413012000 and recorded 5/19/2000 in the County of Cumberland in Deed Book. 221 page 655
conveyed unto Terraru:e lee McBride, a single person.
PROPERTY ADDRESS: 212-216 CREEK ROAD, CAMPHILL, PA 17011
TAX PARCEL: # 13-24-0805-024
.
(Rule of Civil Procedure No. 236) - Revised
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS,INC.
8201 GREENSBORO DRIVE, SUITE 350
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff,
v,
NO. 2004-05937
TERRENCE LEE MCBRIDE
DOUGLAS T. MCBRIDE
Defendant(s).
Notice is given that a Judgment in the above-captioned matter has been entered against you on
~.~ 20~.
~~o~p- Q7f~
DEPUTY
If you have any questions concerning this matter, please contact:
DANIEL G. SCHMIEG. ESOUIRE
Attomey for Plaintiff
ONE PENN CENTER AT SUBURBAN ST AnON
1617 JOHNF. KENNEDY BLVD.. SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD
NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN
AGAINST PROPERTY."
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PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS,INC.
Plaintiff,
v,
No. 2004-05937
TERRENCE LEE MCBRIDE
DOUGLAS T. MCBRIDE
Defendant(s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
$90,648.76
Interest from 3/1/05 to JUNE 8, 2005
(per diem -$14.90)
$1,475.10 and Costs
TOTAL
$92,123.86
~c..l.tl,~
DANIEL G. SCHMIEG, E UIRE
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
Attorney for Plaintiff
Note: Please attach description of property.No.
IMPORTANT NOTICE: This property is sold at the direction of the
plaintiff. It may not be sold in the absence of a representative of
the plaintiff at the Sheriff's Sale. The sale must be postponed or
stayed in the event that a representative of the plaintiff is not
present at the sale.
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LEGAL DESCRIPTION
.
ALL THA l' CERTA IN tract or parcel of land and premises, .itWlte, lying and being in the Township
of Lower Allen. Coumy of Cumberland, and Commonwealth of Pennsylvania, mQre particularly
de.'\Cribed as follows:
BEGINNING at an iron pin on me ~nter line of Ulgi.lative Route 2123. locally known as Creek Road.
al the Wesrerly line of lands MW or late of lame':! L. Christ. and Theresa Christ, his wife; [hence
Westwardly along sald center line. 25 feet to a poiot; theuct: South 52 deg.-ees 53 minutes West, srill
alOllg said center line lilld along lands now or late of Hemp! Bro.., Inc., 89.43 feet to a brad at Iioe of
land now or late of Alice Zimmerman: thence along said land now or late of ZimmclTI1un. North 05
degrees 41 miDDIeS West, 146.31 feet to a stake at line of land now Or late of Elwood Sullon; theocc
along the larter 11iod, North 78 degrees 15 minutes Easl, 52.5 reet to a stake al a comer; then~ by lands
now or late of James L. Chrisl, SOIllh 38 degrees 49 minules East, 56 feel to an iron pin; thence by the
same, South 12 degrees 15 minutes East, 100 feet to a poinl in the center of Legislative Route 21023.
the place of beginning.
TITLE TO SAID PREMISES IS VESTED IN TerrllllCC Lee McBride. a single person by reason of
tbe following:
BEING TIlE SAME premises which Daria Danner allda Daria Maurer and John V, Maurer, If. b)'
Deed dated 3/3011998 and recorded 3/30/1998 in the Counly of Cumberlaod in Deed Book 174,
Page 412 conveyed unto Terrence Lee McBride, single person,
AND BEING the same premises which Terrance Ule McBride, single person by Deed dated
4129/1999 and recorded 51511999 in the County of Cumberland in Deed Book \98 Page 1037
conveyed IJl1(() Douglas 1'. McBride, sinf!lc person.
AND ALSO BEING the same premises which Douglas 1. McBride, a single person by Deed dated
4130/2000 and recorded 5/19/2000 in the County of Comberland in Deed Book. 221 page 655
conveyed unto Terrance Lee McBride, a single person.
PROPERTY ADDRESS: 212-216 CREEK ROAD, CAMPHILL, PA 17011
TAX PARCEL: # 13-24-0805-024
WRIT OF EXECUTION andlor ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04.5937 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 TERRENCE LEE MCBRIDE AND DOUGLAS T. MCBRIDE
(I ) You are directed to levy upon the property of the defendaot (s)and to sell SEE LEGAL
DESCRIPTION
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a
garnishee and is enjoined as above stated.
Amount Due $90,648.76
LL $.50
Interest FROM 3/1105 TO 6/8/05 (PER DIEM. $14.901- $1,475.10 AND COSTS
Atty's Comm % Due Prothy $1.00
Ally Paid $154.86 Other Costs
Plaintiffpaid
Date: MARCH 3, 2005
CURTIS R. LONG
(Seal)
Prothonotary
~~t'l.,,,_p 71LozJ?/t, r
Deputy
REQUESTING PARTY:
Name DANIEL G. SCHMIEG, ESQUIRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEY ARD, SUITE 1400
PHILADELPHIA, PA 19103.1814
Attorney for: PLAINTIFF
Telephone: 215.563-7000
Supreme Court ID No, 62205
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.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
v.
CIVIL DIVISION
TERRENCE LEE MCBRIDE
DOUGLAS T. MCBRIDE
NO. 2004-05937
Defendaot(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.
~j (, !lrL....~~
DANIEL G. SCHMIEG, E QUIRE
Attorney for Plaintiff
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Request for Military Status
Page I of I
Department of Defense Manpower Data Center MAR-01-20051O:27:15
_ Military Status Report
.. Pursuant to the Servicemen's Civil Relief Act of 2003
<Last Name First Middle Begin Date I Active Duty Status 1 Service/Agency
MCBRIDE TERRENCE LEE
Currently not on Active Military Duty, based on the Social Security Number and last name
provided.
Upon searching the information data banks of the Department of Defense Manpower Data Center. the
above is the current status of the Defendant(s), per the Information provided, as to all branches of the
Military.
'l2?w~~~
Robert J. Brandewie, Director
Department of Defense - Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, V A 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that
maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the
official source of data on eligibility for military medical care and other eligibility systems.
If you have information that makes you feel that the DMDC response is not correct, please fax
your response to 703-696-4156 or call 703-696-6762 and further research will be done. For
personal privacy reasons, SSNs are not available on this printed results page. Requesters
submitting a SSN only receive verification that the SSN they submitted is a match or non-
match.
https:/ /www.dmdc.osd.mil/udpdri/owa/sscra.prc _Select
3/1/2005
- MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.
CUMBERLAND COUNTY
Plaintiff,
COURT OF COMMON PLEAS
v.
CIVIL DIVISION
TERRENCE LEE MCBRIDE
DOUGLAS T. MCBRIDE
NO. 2004-05937
Defeodant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. I)
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by
its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of
Execution was filed the following information concerning the real property located at 212-216 CREEK
ROAD, CAMPHILL. PA 17011.
1. Name and address ofOwner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
TERRENCE LEE MCBRIDE
26 ORANGE STREET
MT. HOLLY SPRINGS, PA 17065
DOUGLAS T. MCBRIDE
324 SOUTH ENOLA DRIVE
ENOLA, PA 17025
2. Name and address ofDefendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
y
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
212-216 CREEK ROAD
CAMPHILL, P A 17011
Domestic Relations of Cumberland County
13 North Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
March L 2005
DATE
~J (. .w_~
DANIEL G. SCHMIEG, QUIRE
Attorney for Plaintiff
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MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.
CUMBERLAND COUNTY
Plaintiff,
No. 2004-05937
v.
TERRENCE LEE MCBRIDE
DOUGLAS T. MCBRIDE
Defeodant(s).
March 1,2005
TO: TERRENCE LEE MCBRIDE
26 ORANGE STREET
MT. HOLLY SPRINGS, PA 17065
DOUGLAS T. MCBRIDE
324 SOUTH ENOLA DRIVE
ENOLA, PA 17025
* * THIS FIRM IS A DEBT COLLECTOR A TTEMPTING 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, 212-216 CREEK ROAD, CAMPHILL, PA 17011, is scheduled to
be sold at the Sheriffs Sale on JUNE 8, 2005 at 10:00 a.m. in the Cumberland County Courthouse.
South Hanover Street, Carlisle, PA 17013. to enforce the court judgment of $90,648.76 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 MAYBE 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 thc Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
j'
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to 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.
I. If the Sheriffs Sale is not stopped, your property win 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 fun amount due in the sale. To
find out if this has happened, you may can (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 fun amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share ofthe money which was paid for your house. A schedule of
distribution ofthe 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 ASSOCIA nON
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
LEGAL DESCRIPTION
ALL THAi CERTAIN tract or parcel oflanll and premises, situate, lying and being io the Township
of Lower Allen. Coaacy of Cwnberlaod, and Commonwealth of Pennsylvania, more particularly
described as folloWll:
BEGINNING alan iron pin on me ~nter line of Legislative Route 2123. locally known as Creek Road.
al !be Wesrerly line of lands now or late of lames L. Christ. and Theresa Christ, his wife; tlieru:e
WestWardly along said cemer line. 25 feet ~ a poillt; Ibenee Soulb 52 degrees 53 minutes West, still
along said CUller lilIe llIld along lands now or late of Hemp! Bros., loe.. 89,43 feel 10 a om at JiBe of
land now or late of Alice Zimmerman; thence along said land now or late of Ziromc:rman, North 05
de&rees 41 miDDIeS West, 14631 feet ~ a stake at line of Jaod now or late of Elwood Snlloo; thence
along die latter land, North 18 degrees IS millUtes Illast. 52.5 feet to a stake at a corner; thence by lands
now or late of James L. Christ, Soulh 38 degrees 49 minutes East, 56 feet to an iron pin; lheocc by the
same. South 12 degrees IS miootes!!aU, 100 ftct 10 a point in the center of legislative Route 21023,
the place of beginning.
TITLE TO SAID PREMISES IS VESTED IN TerrDDCe L::.!: McBride, a single peroon by reason of
the fullowiog;
BEING TIlE SAME premises whiclt Daria Danner a1kfa Daria Maurer and John V. Maurer, Jr. by
IJe((I dated 3/3011998 and rccordelJ 3/301199810 the County of Cumberland in Deed Book 174.
Page 412 COl'Iveyed \lnto Terrence Lee McBride, single pefson.
AND BEING the same premises which Terrance Lee McBride. single person by Deed dated
4129/1999 and recorded 5/5/1999 in the County of Cumberland in Deed BooIi: 198 Page 1037
conveyed \IJlt() Douglas T, McBride, single person.
AND ALSO BEING the same premises whicb Douglllll T. McBridr. a single person hy Deed dated
413012000 aad recorded 5/19/2000 in the County of Cumberland in Deed Book. 221 page 65.5
cooveyed un!o Terrance Lee McBride, a single person.
PROPERTY ADDRESS: 212-216 CREEK ROAD, CAMPHILL, PA H011
TAX PARCEL: # 13-24-0805-024
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Mortgage Electronic Registration
Systems, Inc.
VS
Terrence Lee McBride and Douglas
T. McBride
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2004-5937 Civil Term
Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states
that on April 01, 2005 at 7:54 o'clock PM, he served a true copy of the within Real Estate
Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the
within named defendant, to wit: Terrence Lee McBride, by making known unto Terrence
McBride, personally, at 26 Orange Street, Mt. Holly Springs, Cumberland County,
Pennsylvania, its contents and at the same time handing to him personally the said true
and correct copy of the same.
Cpl. Michael Barrick, Deputy Sheriff, who being duly sworn according to law,
states that on April II, 2005 at 5:37 o'clock PM, he served a true copy of the within Real
Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon
the within named defendant, to wit: Douglas T. McBride, by making known unto
Douglas McBride, personally, at 324 South Enola Drive, Enola, Cumberland County,
Pennsylvania, its contents and at the same time handing to him personally the said true
and correct copy ofthe same.
Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states
that on April 13, 2005 at 5:37 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 Terrence Lee McBride and Douglas T. McBride located at 212-216 Creek
Road, Camp Hill, Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to the within named
defendant, to wit: Terrence Lee McBride, by regular mail to his last known address of26
Orange Street, Mt. Holly Springs, PA 17065. This letter was mailed under the date of
April 18, 2005 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to the within named
defendant, to wit: Douglas T. McBride, by regular mail to his last known address of 324
South Enola Drive, Enola, PA 17025. This letter was mailed under the date of April 18,
2005 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED per instructions from Attorney Daniel Schmieg.
Sheriffs Costs:
Docketing 30.00
Poundage 17.21
Posting Handbills 15.00
Advertising 15.00
Law Library
Prothonotary
Mileage
Certified Mail
Levy
Surcharge
Postpone Sale
Postage
Law Journal
Patriot News
Share of Bills
.50
1.00
27.38
4.70
15.00
30.00
20.00
.74
367.70
336.82
16.47
$ 897.52
Sworn and subscribed to before me
This ne- day of
I
2005, A.D.
Pr thonotaJ:r.
So Answers.:
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R. i5mas me, 6'~
BY ",loci ~\wJ.-t~
Real Est e Deputy
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IS
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MORTGAGE ELECTRONIC ID1GISTRATION
SYSTEMS, INC.
CUMBERLAND COUNTY
Plaintiff,
COURT OF COMMON PLEAS
v.
CIVIL DIVISION
TERRENCE LEE MCBRIDE
DOUGLAS T. MCBRIDE
NO. 2004-05937
Defeodant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. I)
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC.. Plaintiff in the above action, by
its attorney, DANIEL G. SCHMIEG, ESQUIRE. sets forth as of the date the Praecipe for the Writ of
Execution was filed the following information concerning the real property located at 212-216 CREEK
ROAD. CAMPHILL. PA 17011 .
I. Name and address ofOwner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
TERRENCE LEE MCBRIDE
26 ORANGE STREET
MT. HOLLY SPRINGS, PA 17065
DOUGLAS T. MCBRIDE
324 SOUTH ENOLA DRIVE
ENOLA, PA 17025
2. Name and address ofDefendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
4. Name and address 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
212-216 CREEK ROAD
CAMPHILL, P A 17011
Domestic Relations of Cumberland County
13 Nortb Hanover Street
Carlisle, P A 17013
Commonwealtb of Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
March I. 2005
DATE
A.un;'j f. jrJ.~~
DANIEL G. SCHMIEG, QUIRE
Attorney for Plaintiff
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.
CUMBERLAND COUNTY
Plaintiff,
No. 2004-05937
v.
TERRENCE LEE MCBRIDE
DOUGLAS T. MCBRIDE
Defendant(s).
March 1, 2005
TO: TERRENCE LEE MCBRIDE
26 ORANGE STREET
MT. HOLLY SPRINGS, PA 17065
DOUGLAS T. MCBRIDE
324 SOUTH ENOLA DRIVE
ENOLA, PA 17025
"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, 212-216 CREEK ROAD, CAMPHILL, PA 17011, is scheduled to
be sold at the Sheriff's Sale on JUNE 8, 2005 at 10:00 a.m. in the Cumberland County Courthouse.
South Hanover Street, Carlisle, P A 17013. to enforce the court judgment of $90,648.76 obtained by
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In
the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P.,
Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action:
L 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.
I. 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. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share ofthe money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days ofthe sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold
in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
LEGAL DESCRIPTION
ALL THA"r CERTAIN tract or parcel of land and premises, situate, lying and being in the Towosbip
of Lower Allen. COUllly of Cuntbetland, and COmrnonwealtll of Pennsylvania, more particularly
described as follows:
BEGINNING at an iroo pin on rhe ~nfer line of Legislative Route 2123. locally known as Creek Road,
at tile Wesrerly line of landJi nmv or late of larne!l L. Christ. and Theresa Christ, his wife; thence
Westwardly along said CClIIeI: lille, 25 feet to a point; dieuct: South 52 deg.-ees 53 minutes West, still
a1011g said center line lU1d along lands now Of late ofHempl Bros.. Inc., 89,43 feel 10 a brad altilte of
land now or late of Alice Zimmerman: thence along said Iaod now or late of Zimmcnnan. North 05
dej:.recs 41 minutes West, 1463] feet to a stake at line of land now or late of Elwood SUtloo; thence
along the latter land, North 78 degrees 15 minutes East, 52.5 feel to a Slake at a corner; thence by lands
now or late of James L. Chrisl:, Solllh 38 degrees 49 minules East, 56 feet to an iron pin; thence by the
same. South 12 degrees 15 minutes East. 100 feet to a point in the center of Legislative Ro\lle 21023,
the place of beginning.
TITLE TO SAID PREMISES IS VESTED IN TerrllllCC Ule McBride, a single pel'llOD by rCllSOD of
tbe following:
BEING THE SAME premlse5 which DarIa Danner a/kla DarIa Maurer and Jolin V. Maurer, Jr. by
Deed dated 3/30/1998 and recorded 3/30/1998 in lhe County of Cuml:ierlaDd in Deed Boot 174,
Page 412 conveyed unlO Terrence Lee McBride. single penon.
AND BEING lhe same premises wblcb Terrance UlC McBride. single penon by Deed dated
4/29/1999 and recorded 51511999 in the County of Curnllerland in Deed Boot 198 Page 1037
conveyed unto Douglas T. McBride. single person,
AND ALSO BEING the same premises wbicb Douglas T. McBride. a single person by Deed dated
4130/2000 and recorded 5/19/2000 in lhe County of Cumberlaod in Deed Book 221 page 655
conveyed unto Terrance Lee McBride, a single person.
PROPERTY ADDRESS: 212-216 CREEK ROAD, CAMPHILL, PA 17011
TAX PARCEL: # 13-24-0805-024
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYL VANIA)
COUNTY OF CUMBERLAND)
NO 04-5937 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC., Plaiotiff (8)
From TERRENCE LEE MCBRIDE AND DOUGLAS T. MCBRIDE
(1) You are directed to levy upon the property of the defeodaot (s)and to sell SEE LEGAL
DESCRIPTION
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the 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 himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $90,648.76
L.L. $.50
interest FROM 3/1105 TO 6/8/05 (PER DIEM - $14.90) - $1,475.10 AND COSTS
Atty's Comm % Due Prothy $1.00
Atty Paid $154.86
Plaintiff Paid
Other Costs
Date: MARCH 3, 2005
CURTIS R. LONG
(Seal)
ProthO~
~y: <?~
'2. t7 ~/Y16;-
Deputy
REQUESTING PARTY:
Name DANIEL G. SCHMIEG, ESQUIRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 62205
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Real Estate Sale #32
On March 09,2005 the Sherifflevied upon the
defendant's interest in the real property situated in
Lower Allen Township, Cumberland County, PA
Known and numbered as 212-216 Creek Road,
Camp Hill, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
N
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'l'>ate: March 09,2005
(L
@/J/J/JIQ
By00 rlJ 1. JwJrh
Real Est;t~ Deputy
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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 Wlder 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, COWlty of Dauphio, 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, COWlty and State aforesaid; that The Patriot-News and The SWlday Patriot-News were established
March 4th, 1854, and September 18th, 1949, respectively. and all have been continuously published ever since;
That the prioted 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 26th day(s) of April and the 3rd aod lOth
day(s) of May 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 re.olution Wlanimously passed
and adopted severally by the stockholders and board of directors of the said Company aod subsequeotly duly
recorded in the office for the Recording of Deeds in and for said COWlty of Dauphin in Miscellaneous Book "M",
Volume 14. Page 317.
COpy
S ALE #32
Sworn to and
PUBLICATION
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
336.82
Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The SWlday Patriot-News, newspapers of general
circulation. hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the sarne have
been duly paid.
By....................................................................
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DESCRlPTION
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aud .-...., _, IJW aud beiBg in !he
1OwaIIoip..l.oMir AIIca,c-y ofom..1aDd,
aud c.mm.o-Jlb of PamIylvuIia, ....
(lOItioubIIy-..lbIIows:
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78 des=< 15...... East,525 feet 10 a_II
acomcr;lheoa:by__..!aIl:oI_L.
Cbrist, Soudt 38 des=< 49 miD.... East, 56 feet
10 an iron pin; Iheoa: by Ihe same, Soudt 12
des=< 15 -!iaIl, lIlO feet to a poim in Ihe
_ of Lc:iisIati.. _ 21023. die place of
BEGINNING.
1TlU! 11) :WI> .-.... ia vested in
~ I.., MdIiido,.a.. """,by twOIt
oflhefollowjos:
BElNGTIIIl SAME pIWiaes _ DarIa
IJaJmor aNa Doda _IIIlIJGla V,Maurer,!r.
by Deed _ 3iJ(!Il!l98111l1 tan1Icd 313011998
inlhe~~iD__174,
Page 412 """""" _ T_ Lee_,
..........
AND BI!ING 'lhc ..... pre-miaes wbicb
_ I..,)llcBride, .........' by Deed
_ 4129/1999 aud t><:Oided 515/1999 in the
~ oIl'mn1w1.... iD Deed _ 198 Page
1037 """"J<d_IlGOgIasTfMoBrlde,sing1e
.......
AND AlSO BEING Ihe .... (l<IrIiaes
_ Doug1as T. lIdIRde,a,"-,,""'" by
Deed _ 41;ll1/lOOl1lllil tlI<:ColOI5Il9lJlOO in
Ihe Caoaly ofOlm-l1colaod in _ _ 221
P'F 655"""""" _ _ Lee McBride,a
sUp....... I. .
PROPI!IITY ADllRESS:21~216 a..t
_,CallpHII,W.4'JeU.
TA1UI.I'1I;1Io.1321_1Z4.
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2.1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2,1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
V1Z:
April 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.
-
S N TO AND SUBSCRIBED before me this
29 day of April
IAL SEAL
LOIS E. SNYDER, Notary Public
Carlisle BolO, Cumberland County
My Commission Elcpires March 5, 2009
REAL ESTATE SALE NO. 32
Writ No. 2004-5937 Civil
Mortgage Electronic Registration
Systems, Inc.
VS.
Terrence Lee McBIide and
Douglas T. McBride
Atty.: Daniel SchmJeg
LEGAL DESCRIPTION
ALL THAT CERTAIN tract or par-
cel of land and premises. situate,
lying and being in tbe Township of
Lower Allen, County of Cumberland.
and Commonwealth of Pennsylva-
nia, more particularly described as
follows:
BEGINNING at an iron pin on the
center line of Legislative Route
2123, locally known as Creek Road,
at the Westerly line of lands now or
late of James L. Christ. and Theresa
Christ, his wife; thence Westwardly
along said center line. 25 feet to a
point; thence South 52 degrees 53
minutes West, still along said cen-
ter line and along lands now or late
of Hempt Bros., Inc., 89.43 feet to
a brad at line of land now or late of
Alice Zimmerman: thence along said
land now or late of Zimmerman,
North 05 degrees 41 minutes West.
146.31 feet to a stake at line ofIand
now or late of Elwood Sutton; thence
along the latter land, North 78 de-
grees 15 minutes East, 52.5 feet to
a stake at a corner: thence by lands
now or late of James L. Christ, South
38 degrees 49 minutes East, 56 feet
to an iron pin: thence by the same,
South 12 degrees 15 minutes East.
100 feet to a point in the center of
Legislative Route 21023, the place
of beginning.
TlTLE TO SAlD PREMISES IS
VESTED IN Terrance Lee McBride,
a single person by reason of the fol-
lowing:
BEING THE SAME premises
which Darla Danner a/k/ a Daria
Maurer and John V. Maurer, Jr. by
Deed dated 3/30/1998 and record~
ed 3(30(1998 in the County of
Cumberland in Deed Book 174. Page
412 conveyed unto Terrence Lee
McBride, single person.
AND BEING the same premises
which Terrance Lee McBride, single
person by Deed dated 4/29/1999
and recorded 5/5/1999 in the Coun-
ty of Cumberland in Deed Book 198
Page 1037 conveyed unto Douglas
T. McBride, single parson.
AND ALSO BEING the same prem-
ises which Douglas T. McBride, a sin-
gle person by Deed dated 4(30(
2000 and recorded 5/19/2000 in
the County of Cumberland in Deed
Book 221 page 655 conveyed unto
Terrance Lee McBride, a single per-
son.
PROPERTY ADDRESS: 212-216
CREEK ROAD, CAMPHlLL, PA 17011.
TAX PARCEL: #13-24-0805-024.
. ""
(717) 249-3166
(800) 990-9108
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.
Plaintiff,
v.
No. 2004-05937
TERRENCE LEE MCBRIDE
DOUGLAS T. MCBRIDE
Defendant(s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
$90,648.76
Interest from 3/1/05 to MARCH 8, 2006
(per diem -$14.90)
$5,542.80 and Costs
TOTAL
$96,191.56
ATTORNEY FEES AND COSTS
$2.751.50
fJ~J1 i~
DANIEL G. SCHMIEG, ES
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard. Suite 1400
Philadelphia, PA 19103-1814
Attorney for Plaintiff
Note: Please attach description of property.No.
IMPORTANT NOTICE: This property is sold at the direction of the
plaintiff. It may not be sold in the absence of a representative of
the plaintiff at the Sheriff's Sale. The sale must be postponed or
stayed in the event that a representative of the plaintiff is not
present at the sale.
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DESCRIPTION
ALL THAT CERTAtN lrael or parcel 01 land and premi><o. silwrtc. lying and being in \be Township
of LowCT Allen, Counly 01 Cumberland. and Commonwealth 01 PellIl8ylvsnia, lrJ.<m: particulllIly
described llll follows:
BEGINNING at an iron pin on the ccnrer line 01 Legislalive RDute 2123. locally known as Creet Road.
at the Westerly line of lands now or we of J~ L. CItrisl, and There!.:! CIlrlst. his wife; thenee
Westwardly along said center lille. 2S fecI to a point; Ul= Sou1h 52 dcgrc<:s 53 minul'" WCSl. .till
along said center line and along lands now or late of Hempt 8<0$., tne.. 89.43 feel tG a bead at tllle Gf
Imd now or late of Alice Zimmerman; thence atong said land now or !ale of Zimmerman. North 05
degrees 41 minotes West. 146.31 feet to a stake at tine of land now or late of Etwood SUllOD; thence
along thellltter land. North 18 degrees 15 millUles East. 52.5 feet to a slake at a corner; thence by lands
now or late of James L. Cbrisl. SootIl38 de@tees 49 minute. East. 56 feet tD an iron pin; thence by the
same. South 12 degrees t5 minurcs East, 100 feet (D a point in the OOlter of Legislallve Route 21023,
the place of beginning.
HA VINO thereoD erected ,wo 2 tn lllory dwelting hou....
Tax Parcel #13-24'()805'()24
RECORD OWNER
TITLE TO SAID PR,EMISES IS VESTED IN Terrance Lee McBride. a single person by reason of
llle following:
BEING THE SAME premises whi<:b Darla Damlcr sltla Daria Maurer and John V. Maurer, Jr. by
Deed dated 3/3011998 and recorded. 3/30/l998 in the County of Cwnbcrllllld ill Deed &01< 174.
Page 412 conveyed unto Terrence Lee McBride, single peCSOfl.
AND BEING the same premises which TClTlUtOO Le<> McBride. single person by Deed dated
4129/1999 and recorded 51511999 in the County of Cwnberlan4 in Deed Boolc 19& Page 1037
conveyed Wlto Dooglas T, McBride, single person,
AND ALSO BEING r.he same premises wWch Douglas T, McBride, a single person by Deed dated
4/3012000 and rccoo.led 5/19/2000 in the County of Cumberland in Deed Book 221 page 655
conveyed unto Terrance Lee McBride. a single person.
PREMISES BEING: 212-216 CREEK ROAD. CAMPHILL. PA 17011
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-5937 Civil
CIVIL ACTION - LA W
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTSRATION
SYSTEMS, INC., Plaintiff (s)
From TERRENCE LEE MCBRIDE AND DOUGLAS T. MCBRIDE
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNlSHEE(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 $90,648.76
LL
Interest FROM 311105 TO 318106 (PER DIEM - $14.90) - $5,542.80 AND COSTS
Atty's Comm % Due Prothy $1.00
Arty Paid $1064.88
Plaintiff Paid
Date: DECEMBER 5, 2005
Other Costs
(Seal)
By:
Deputy
REQUESTING PARTY:
Name DANIEL G. SCHMIEG, ESQUIRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19102-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court 10 No, 62205
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
IN RE:
Terrence L. McBride
Chapter No. 13
Bk. No. 1 05-bk-037ll
Debtor
Mortgage Electronic Registration
Systems, Inc.
Movant
11 U.S.C. 1;362
v.
Terrence L. McBride
a/k/a Terrence Lee McBride
Charles J. DeHart, III, Trustee
Respondent
ORDER MODIFYING 1;362 AUTOMATIC STAY
Upon consideration of Motion of Mortgage Electronic Registration
Systems, Inc. (Movant), it is:
ORDERED that the Automatic Stay of all proceedings, as provided
under 362 of the Bankruptcy Code 11 U.S.C. 5362 is modified with respect
to premises 212-216 Creek Road, Camp Hill, PA 17011, as more fully set
forth in the legal description attached to said mortgage, as to allow the
Movant to foreclose on its mortgage and allow the purchaser of said
premises at Sheriff's Sale (or purchaser's assignee) to take any legal or
consensual action for enforcement of its right to possession of, or title
to, said premises; and it is further
ORDERED that Rule 4001 (a) (3) is not applicable and Mortgage Electronic
Registration Systems, Inc. may immediately enforce and implement this Order
granting relief from the automatic stay.
Bv tilt" C0101.
..
?1~~~~!;;
This electronic order is signed and filed on the same date.
Dated: October 12, 2005
')~L
PHELAN HALLINAN AND 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.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
v.
CIVIL DIVISION
TERRENCE LEE MCBRIDE
DOUGLAS T. MCBRIDE
NO. 2004-05937
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.
jJ~j/~, ~.
DANIEL G. SCHMIEG, ES~IRE
Attorney for Plaintiff
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MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.
CUMBERLAND COUNTY
Plaintiff,
COURT OF COMMON PLEAS
v.
CIVIL DIVISION
TERRENCE LEE MCBRIDE
DOUGLAS T. MCBRIDE
NO. 2004-05937
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. I)
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by
its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of
Execution was filed the following information concerning the real property located at ,212-216 CREEK
ROAD, CAMPHILL, P A 17011 .
1. Name and address ofOwner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
TERRENCE LEE MCBRIDE
26 ORANGE STREET
MT. HOLLY SPRINGS, PA 17065
DOUGLAS T. MCBRIDE
324 SOUTH ENOLA DRIVE
ENOLA, PA 17025
2. Name and address ofDefendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
W ACHOVIA BANK
7960 ARLINGTON EXPRESSWAY, 4TH FLOOR
JACKSONVILLE, FL 32211
MEMBERBS FIRST FEDERAL
CREDIT UNION
5000 LOUISE DRIVE, P,O. BOX 40
MECHANICSBURG, PA 17055
W ASIDNGTON MUTUAL BANK FA
11200 WEST P ARKLAND AVENUE
MILWAUKEE, WI 53224
.
~.
4. Name and address oflast recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occnpant
212-216 CREEK ROAD
CAMPHILL, P A 17011
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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
November 29,2005
DATE
~~J!-/&l",w~
DANIEL G. SCHMIEG, E~QUIRE
Attorney for Plaintiff
--
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MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS,INC.
CUMBERLAND COUNTY
Plaiotiff,
No. 2004-05937
v.
TERRENCE LEE MCBRIDE
DOUGLAS T. MCBRIDE
Defendant(s).
November 29,2005
TO: TERRENCE LEE MCBRIDE
26 ORANGE STREET
MT. HOLLY SPRINGS, PA 17065
DOUGLAS T. MCBRIDE
324 SOUTH ENOLA DRIVE
ENOLA, PA 17025
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THA T PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY **
Your house (real estate) at, 212-216 CREEK ROAD, CAMPHILL. P A 17011, is scheduled to
be sold at the Sheriffs Sale on MARCH 8, 2006 at 10:00 a.m. in the Cumberland County Courthouse,
South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of$90,648.76 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.RC.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:
l. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, ifthe judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
I
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE,
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale 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 ifthis has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution ofthe money bid for your house will be filed by the Sheriffwithin 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7 . You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORT ANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold
in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIA nON
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
r
DESCRIPTION
AlL THAT CERTAIN tract or parcel of land and promi.... sil...",. lying IIJ1d being in the Township
of Lower Allen. County of Cumberland. and Commonwealth of Pennsylvania, Jl1Ot1: particularly
described as follows:
BEGINNING at an iron pin on tbe C<<Iter Ii... of !Agislalive Route 2123. locally known as Creek Road.
at tile Westerly line of lands now or lale of James L. Christ. and Thelesa ChrIst, his wife; thence
Westwardly along saki center line. 25 fcellO a poinl; th= South 52 deg=s 53 millUtc:s West, still
along said center line and along lands now or laic of Hempl BI'O$., Ine.. 89.43 fcel to a brad alline of
land now or late of Alice Zimmerman; thence along saki land now or late of Zimmerman, North 05
degrees 41 minules West, 146.31 feet to a me a[ line of land now or lale of Elwood Sullon; thence
along the latter land, North 78 degtee$ 15 minutes East, 52.5 feel to a slake at a comer; thence by Iaods
now or Inte of James L. Christ, Sou1h 3g degrees 49 minutes East, 56 fcellO an iron pin; thence by the
same, South 12 degrees 15 minutes East, 100 feet 10 a poilll in the center of LegJ,laUve ROUle 21023,
the place of beginning.
HA VINO thereon erected two 2 1/2 ..ory dwelling llouses.
Tax Parcel #13-24'()805'{)24
RECORD OWNER
TITLE TO SAID PREMISES IS VESTED IN Terrance Lee McBride, a single person by rcastln of
lbe following:
BEING mE SAME preJlIlses wIIid1 Daria Daooer aJl:la Darin Maurer and John V. Maurer. lr. by
Deed dated 3/3OI199lllllld recorded 3/30/1998 in tile County of Ctnnbcrland in Deed Book 174,
Page 412 conveyed unto Terrence Lee McBride, single person.
AND BEING tile same premises which Terrance Lee McBride. single person by Deed dated
4/29/1999 and recorded 5/5/1999 in the County of Cwnbedaod in Deed Book 198 Page 1037
conveyed unto Douglas T. McBride. single person.
AND ALSO BEING the same premises whlch Douglas T. McBride, a single perroo by Deed dated
413012000 llIld recorded 5/19/2000 in ibe Connty of Cumberland in Deed Book 221 page 655
conveyed unto Terrance Lee McBride, . single person.
PREMISES BEING: 212-216 CREEK ROAD, CAMPHILL, PA 17011
c, .[
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AFFIDAVIT OF SERVICE
PLAINTIFF
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.
CUMBERLAND COUNTY
PMB
No. 2004-05937
DEFENDANT(S)
TERRENCE LEE MCBRIDE
DOUGLAS T. MCBRIDE
ACCT. #8432492943
SERVE TERRENCE LEE MCBRIDE AT
26 ORANGE STREET
MT. HOLLY SPRINGS, P A 17065
Type of Action
- Notice of Sheriff's Sale
Sale Date: MARCH 8, 2006
Served and made known to'I-cJlIUM.i<!-t: L,"
SERVED
JVlc e,a,'Io,2
, Defendant, on the
t (
/Ju.
day of
:r
,200._,
/1' ,~
at .
, o'clock A.m, at 2-<;' () ~t 5....
, Conunonwealth
of Pennsylvania, in the manner described below:
>Z Defendant personally served.
Adult family member with whom Defendant(s) reside(s). Name and Relationship is
Adult in charge of Defendant(s)'s residence who refused to give name or relationship.
Manager/Clerk of place oflodging in which Defendant(s) reside(s).
Agent or person in charge of Defendant(s)'s office or usual place of business.
an officer of said Defendant(s)'s company.
Other:
Description:
Age to
roo'.. 1'(
Height~ Weight 2",,7 Race Lt...- Sex "",,- Other
1, t~!lf I f-l<WlJl-C~ , a competent adult, being duly sworn according to law, depose and state that I personally handed
a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at
the address indicated above.
~/~7
NOT SERVED
On the day of
,200_, at
0' clock _.m., Defendant NOT FOUND because:
Moved Unknown
No Answer
Vaeant
1 ,t Attempt:
I
I
Time:
2nd Attempt:
I
I
Time:
3rd Attempt:
I
I
Time:
Sworn to and subscribed
before me this _ day
of , 200 _'
Notary:
By:
Attornev for Plaintiff
Daniel G. Schmieg, Esquire - LD. No. 62205
5
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"
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PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire
Atty. LD. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
Mortgage Electronic Registration Systems, Inc.
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Plaintiff
Civil Division
vs.
Cumberland County
Terrence Lee McBride
Douglas T. McBride
No. 2004-05937
Defendants
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 thi. matter, and in support thereof avers the following:
1. Plaintiff commenced this foreclosure action by filing a Complaint on November 26, 2004, a
true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "An.
2. ludgment was entered on March 3, 2005 in the amount of $90,648.76. A true and correct copy
of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B".
3. A Sheriff's Sale of the mortgaged property at 212-216 Creek Road, Camphill, PA 17011
(hereinafter the "Property") was postponed or stayed for the following reasons:
a) The Defendants filed a Chapter 13 Bankruptcy at docket number 1-05-03711 on lune
2,2005. The Bankruptcy was dismissed by order of court dated October 12, 2005. A true and correct
copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C".
4. The Property is listed for Sheriff's Sale on March 8, 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.
5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint
was filed and Defendants have 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 3/8/06
Per Diem $15.11
Late Charges
Legal fees
Cost of Suit and Title
Sheriffs Sale Costs
Property Inspections
Appraisal/BPO
MIP/PMI
NSF
SuspenselMisc. Credit.
Escrow Deficit
83,267.79
10,219.42
523.80
1,925.00
1,592.00
2,397.52
133.50
0.00
0.00
0.00
0.00
3.875.11
TOTAL
$103,934.14
6. The judgment formerly entered is insufficient to satisfY the amounts due on the Mortgage.
7. 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 Defendants.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as
requested.
Phelan Hallinan & Schmieg, LLP
Date: ,;;?;; /0 c:,
/
By:/,Yl-kCL.nJ ~
Michele M. Bradford, Esquire
Attorney for Plaintiff
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire
Atty. LD. No. 69849
One Penn Center, Suite 1400
1617 JohnF. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
Mortgage Electronic Registration Systems, Inc.
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Plaintiff
Civil Division
vs.
Cumberland County
Terrence Lee McBride
Douglas T. McBride
No. 2004-05937
Defendants
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
I. BACKGROUND OF CASE
Defendants 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 212-216 Creek Road, Camphill, PA 17011. The
Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary .ums,
including taxes, insurance, and other items, in order to protect the security of the Mortgage.
In the instant case, Defendants 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. ludgment 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 Sheriff's 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 Defendants credit for monthly payments tendered through bankruptcy, if any.
II. INTEREST
The Mortgage clearly requires that the Defendants 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 .atisfied. Specifically, interest from 30 days prior to the date of default through
the date of the impending Sheriffs sale has been requested.
m. 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 terms 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, 51 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 (Pa. Super. 1979). Recently, the
Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in
mortgage foreclosure action was reasonable. Citicoro v. Morrisville Hampton ReallY, 662 A.2d 1120 (pa.
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 relief until that judgment is satisfied. 20 P.L.E., ludgments S 191.
Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958), Chase Home Mort!!a!!e Corporation of
the Southwest v. Good, 537 A.2d 22,24 (Pa.Super. 1988).
The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank. 445 Pa. 117, 282
A,2d 335 (1971), 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. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment 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 Companv v. Bums, 414 Pa. 495, 200 A,2d 335 (1971). Plaintiff submits that ifit 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 Defendants as it imputes no personal
liability.
In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court
has the inherent power to correct a judgment to conform to the facts ofa 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 Defendants' 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 mortgagors are also required to remit to the mortgagee sufficient sums to pay montWy
mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property.
The mortgagors have breached the terms 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 terms 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: ~//Oc;,
By:
77J.L-CL >>1' e~
Michele M. Bradford, Esquire
Attorney for Plaintiff
Exhibit "A"
FEDERMAN PHELAN, LLP
LA WRENCE T. PHELAN, ESQ., ld. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000
A TroRNEY FOR PLAINTIFF
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS. INC
8201 GREENSBORO DRIVE, SUITE 350
MCLEAN, VA 22102
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
Plaintiff
v.
NO.
CUMBERLAND COUNTY
TERRENCE LEE MCBRIDE
DOUGLAS 1'. MCBRIDE
212-216 CREEK ROAD
CAMPHILL, P A 17011
Defendants
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800)990-9108
File #: 100078
Fi\e #: \00073
IF THIS IS THE FIRST NOTICE THAT VOl) HAVE
RECEIVED FROM THIS OJ<'FICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION
PRACTICES ACT, 15 U.S.c. ~ 1692 et scq. (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 FOLI,OWING 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, INC.
8201 GREENSBORO DRIVE, SUITE 350
MCLEAN. VA 22102
2. The name(s) and la.t known address(es) of the Defendant(s) are:
TERRENCE LEE MCBRIDE
DOUGLAS 1'. MCBRIDE
212-216 CREEK ROAD
CAMPHILL, PA 17011
who islare the mortgagor(s) and real owner(s) of the property hereinafter described.
3. On 03130/1998 TERRENCE LEE MCBRIDE made, executed and delivered a mortgage
upon the premises hereinafter described to SOVEREIGN BANK which mortgage is
recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book
No. Book: 1441. Page: 857. By Assignment of Mortgage recorded 314102 the mortgage
was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage
Book No. 685. Page 795.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 06/0112004 and each month thereafter are due and unpaid. and by the terms
of said mortgage, upon failure of mortgagor to make such payments after a date specified
by written notice sent to Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith.
File #: 1O(}()7S
6. Thc following amounts are duc on thc mortgage:
Principal Balance
Interest
05/0 [/2004 through 11/24/2004
(Per Diem $15.11)
Attorney's Fees
Cumulative Late Chargcs
0313011998 10 11/24/2004
Cost of Suit and Title Search
Subtotal
$83,267.79
3,142.88
1,225.00
116.40
$ 550.00
$ 88,302.07
Escrow
Credit
Deficit
Subtotal
0.00
865.91
$ 865.91
TOTAL
$ 89,167.98
7. The attorney's fees set forrh above are in conformity with the mortgage documents and
Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs
Sale. Ifthc Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be
charged.
8. The mortgage premises are vacant and abandoned.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of
$ 89,167.98, together with interest from 11/24/2004 at the rate of$15.11 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.
FEDERMAN PHELAN, LLP _ ..
~Z~
By: IslFrancis S. Hallinan
LAWRENCE T. PHELAN, ESQillRE
FRANCIS S. HALLINAN, ESQillRE
Attorneys for Plaintiff
File#: 100078
. ....
ALL THAT CERTAIN tract or PQrCCI ofland and premises, situate, lying and being in the
Township of Lower Allen in the County of Cumbedand and C'QIl1Ill00.wea1th ofPellIlSylvania,
Illore particularly described as follows:
BEGINNING at an iron pin on tile center of Legislative Route 21023, locally Jcnown as Creek
Road, at the westerly line oflands now or late ofJam.es L. Clnist and Thctesa Christ. his wire;
thence westwsrdly along said center line. 2S feet to a paint; thence south 82 degl'ees 53 minutes
west. still along said CCDtcr line and along lands now or late ofHempt Bros., me" 69.43 feet to a
brad at line ofland now or late of Alice Zimmerman; thence along said land now or Iatc of
Zimmflfll18B, North 05 degrees 41 minutes West, 146.31 feet to utalce at line ofland now or late
of Elwood Sutton; thence along the latter land. north 78 degJees 15 minutes east, 52.5 feet to a
stake at a comer; thew:O by lands now or late of James L. Christ, south 38 degtees 49 minutes
east, S6 feet to an iron pin; thence by the same, south 12 degrees 15 minutes east, 100 feet to a
point in the centerofLegislalive Route 21023, lhe place of BEGINNING.
HAVING THEREON ERECTED two 2~ story frame dwelling houses.
UNDER AND SUBJECf, NEVERlHELESS, to restrictions, easanc:nl:S, rights-of-way and
conditions ofpriot record, including the right to use a 10 foot driveway along the westem line of
lhe tract described herein, in conunon with the owners and occupiers of the propanes 8butling
thereon.
BEJNG TIm SAME PREMIsES WHICH
V. Maurer,Ir. by deed dated MaTch 1 Dada Danner, now known as Do Maurer and John
412, in the Office oftheRecorderoi~~ ~~~o. 1998 ~Boolc 17~,page
gJllt'tted and ronvcyed unto Tecrcnce Lee McBride, single individual. County, cnnsy1vania,
PREMISES BEING: 212-216 CREEK ROAD.
VERIFICATION
FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for
Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the
verification could not be obtained within the time allowed for the filing of the pleading,
that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that
the statements made in the foregoing Civil Action in Mortgage Foreclosure are based
upon information supplied by Plaintiff and are true and correct to the best of its
knowledge, information and belief. Furthennore, it is counsel's intention to substitute a
verification from Plaintiff as soon as it is received by counseL
The undersigned understands that this statement is made subject to the penalties of 18 Pa.
c. S. Sec. 4904 relating to unsworn falsifications to authorities.
~/YV'~ ~ ~
Francis S. Hallinan, Esquire
Attorney for Plaintiff
DATE:/ /211-15<;1
Exhibit "B"
"
PHELAN HALLINAN & SCHMIEG, L.L.P.
By: DANIEL G. SCHMIEG
Identification No. 62205
Attorney for Plainliff
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
MORTGAGE ELECfRONIC REGISTRA nON
SYSTEMS, INe.
8201 GREENSBORO DRIVE, SUITE 350
MCLEAN, V A 22102
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff,
v.
NO. 2004-05937
TERRENCE LEE MCBRIDE
DOUGLAS T. MCBRIDE
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 TERRENCE LEE
MCBRIDE and DOUGLAS T. MCBRIDE, 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 11/24/04 to 3/1/05
TOTAL
$89,167.98
$1,480.78
$90,648.76
I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and
(2) that notice has been given in accordance with Rule 237.1, copy attached.
~G~~
DANIEL G. SCHMIEG, QUIRE
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE:
PRO PROTHY
. .' .
Exhibit "C"
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
IN RE:
Terrence L. McBride
Chapter No. 13
Bk. No. 1 05-bk-03111
Debtor
Mortgage Electronic Registration
Systems, Inc.
Movant
11 U.S.C. S362
v.
Terrence L. McBride
a/k/a Terrence Lee McBride
Charles J. DeHart, III, Trustee
Respondent
ORDER MODIFYING S362 AUTOMATIC STAY
Upon consideration of Motion of Mortgage Electronic Registration
Systems, Inc. (Movant), it is:
ORDERED that the Automatic Stay of all proceedings, as provided
under 362 of the Bankruptcy Code 11 D.S.C. ~362 is modified with respect
to premises 212-216 Creek Road, Camp Hill, PA 11011, as more fully set
forth in the legal description attached to said mortgage, as to allow the
Movant to foreclose on its mortgage and allow the purchaser of said
premises at Sheriff's Sale (or purchaser's assignee) to take any legal or
consensual action for enforcement of its right to possession of, or title
to, said premises; and it is further
ORDERED that Rule 4001 (a) (3) is not applicable and Mortgage Electronic
Registration Systems, Inc. may immediately enforce and implement this Order
granting relief from the automatic stay.
By tile Comt,
~~~
This electronic order is signed and filed on the same date.
Dated: October 12, 2005
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 Reas.ess
Damages are true and correct to the best of her knowledge, information and belief. The undersigned
understands that this statement herein is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn
falsification to authorities.
Phelan Hallinan & Schmieg, LLP
DATE: d !/OC
/
By:
77/~;??;l.Ci3~
Michele M. Bradford, Esquire
Attorney for Plaintiff
PHELAN HALLINAN & SCHMIEG, LLP
by: Michele M. Bradford, Esquire
Atty. LD. No. 69849
One Penn Center, Suite 1400
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
Mortgage Electronic Registration Systems, Inc.
ATTORNEY FORPLAINTITF
Court of Common Pleas
Plaintiff
Civil Division
vs.
Cumberland County
Terrence Lee McBride
Douglas T. McBride
No. 2004-05937
Defendants
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 individuals on the date indicated below.
Terrence Lee McBride
Douglas T. McBride
212-216 Creek Road
Camphill, P A 17011
Terrence Lee McBride
Douglas T. McBride
26 Orange Street
Mount Holly Springs P A 17065
Terrence Lee McBride
Douglas T. McBride
324 South Enola Drive
Enola, PA 17025
Phelan Hallinan & Schmieg, LLP
DATE:
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By:
7YJ~/?10~
Michele M. Bradford, Esquire .
Attorney for Plaintiff
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AFFIDAVIT OF SERVICE
Plaintiff: MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.
SXM
CUMBERLAND County
No 2004-05937
PHS# 100078
Defendant(s): DOUGLAS T. MCBRIDE
Please serve npon: DOUGLAS T. MCBRIDE
Type of Action
- Notice of Sheriff's Sale
Sale Date: 3 fed {J t
Address: 15 THOMAS DRIVE
MEVHANICSBURG, PA 17050
Served and made known to .D " ~j I q 5
I~ 1("(1 P
,2oo1vdt~, o'clock _.m., at
SERVED
Irnch,;d--C. ,Defendant,onthe~~dayof f~b(J';/'I
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. Commonwealth
of Pennsylvania, in the manner described below:
X Defendant personally served.
Adult family member with whom Defendant(s) reside(s). Relationship is
Adult in charge ofDefendant(s)'s residence who refused to give name or relationship.
Manager/Clerk of place oflodging in which Defendant(s) reside(s).
Agent or person in charge ofDefendant(s)'s office or usual place of business.
an officer of said Defendant(s)'s company.
Other:
Description: Aged).,)') Height ,,- ''I " WeightLZL Race ~ Sex ~ Other
I, _.. .J. s',~'1 E JI'- f ,a competent adult, being duly sworn according to law, depose and state that I personally handed
a true and correct copy of the N.o.ti.c.enfShPTiff'<;;. S:'llp. in the manner as set forth herein, issued in the captioned case on the date and at
the address indicated above.
Sw~ and subscrg.<;J!
b"lQle~ethis.-LdaY ~ ~
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. ~iN8Wj€rSey NOT SERVED
, PATRICIAE HJARRI;6 2608** ^ TT"UDT ""D\1rr>" "TT T TUD"" (~\
Commission Expires une ,
On the
_ Moved
day of ,2002_, at
~ Unknown ~ No Answer
o'clock _.m., Defendant NOT FOUND because:
_ Vacant
}Slattempt
date & time
Comment:
2nd attempt
date & time
3rd attempt
date & time
Sworn to and subscribed
before me this ~ day
of , 2002.
Notary; By:
Attorney for PI~intifr
Daniel G. Schmieg, Esquire - J.D. No. 62205
One Penn Center Plaza, Suite 1400
Philadelphia, P A 19103
(215) 563-7000
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MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
TERRENCE LEE MCBRIDE
DOUGLAS T. MCBRIDE
DEFENDANTS
04-05937 CIVIL
ORDER OF COURT
AND NOW, this 10th day of February, 2006, upon consideration of the
foregoing petition, IT IS HEREBY ORDERED that:
(1) A rule is issued upon the defendants to show cause why the plaintiff is not
entitled to the relief requested;
(2) The defendants shall file an answer to the petition within twenty days of
service upon the defendants;
(3) The petition shall be decided under Pa.R.CP. No. 206.7;
(4) An evidentiary hearing on disputed issues of material fact shall be held on
the 1 st day of March, 2006, at 9:30 a.m. in Courtroom NO.5 of the Cumberland County
Courthouse.
By the Court,
Michele M. Bradford, Esquire
Attorney for Plaintiff
M~bt~ ~
Terrence Lee McBride
Douglas T. McBride
Defendants
212-216 Creek Road
Camp Hill, PA 17011
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
PHELAN HALLINAN & SCHMIEG
by: MICHELE M. BRADFORD, Esquire
Atty. J.D. No. 69849
One Penn Center Plaza, Suite 1400
Philadelphia, P A 19102-1799
(215) 563-7000
ATTORNEY FOR PLAINTIFF
Mortgage Electronic Registration Systems, Inc.
Court of Common Pleas
Civil Division
vs.
Cumberland County
Terrence Lee McBride
Douglas T. McBride
No. 2004-05937
CERTIFICATION OF SERVICE
I, MICHELE M. BRADFORD, Esquire, hereby certify that a true and correct copy of our
Motion to Reassess Damages noting a Rule Return date of March 1,2006 has been served upon
the following persons:
Terrence Lee McBride
Douglas T. McBride
212-216 Creek Road
Camphill, PA 17011
Terrence Lee McBride
Douglas T. McBride
26 Orange Street
Mount Holly Springs P A 17065
Terrence Lee McBride
Douglas T. McBride
324 South Enola Drive
Enola, PA 17025
SCHMIEG, LLP
By:
~
".
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
TERRENCE LEE MCBRIDE
DOUGLAS T. MCBRIDE
DEFENDANTS
04-05937 CIVIL
ORDER OF COURT
AND NOW, this 10th day of February, 2006, upon consideration of the
foregoing petition, IT IS HEREBY ORDERED that:
(1) A rule is issued upon the defendants to show cause why the plaintiff is not
entitled to the relief requested;
(2) The defendanls shall file an answer to the petition within lwenty days of
service upon the defendants;
(3) The petition shall be decided under Pa.R.C.P. No. 206.7;
(4) An evidentiary hearing on disputed issues of material fact shall be held on
the 1 st day of March, 2006, at 9:30 a.m. in Courtroom NO.5 of the Cumberland County
Courthouse.
By the Court.
Michele M. Bradford, Esquire
Attorney for Plaintiff
M~bt~ ~
Terrence Lee McBride
Douglas T. McBride
Defendants .
212-216 Creek Road
dmpHilf, PA 17011
rn "fRtJE COPVFROM RECORD
aJl;;j~ whereof, I here unto set my hancI
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
Mortgage Electronic Registration Systems, Inc.
Court of Common Pleas
Plaintiff
Civil Division
vs.
Cumberland County
Terrence Lee McBride
Douglas T. McBride
No. 2004-05937
Defendants
ORDER
AND NOW, this IS l' day of tv\ 0." c.. '"
, 2006 the Prothonotary is ORDERED to amend
the judgment in this case as follows:
Principal Balance
Interest Through 3/8/06
Per Diem $15.11
Late Charges
Legal fees
Cost of Suit and Title
Sheriff's Sale Costs
Property Inspections
Appraisal/BPO
MIP/PMI
NSF
Suspense/Misc. Credits
Escrow Deficit
83,267.79
10,219.42
523.80
1,925.00
1,592.00
2,397.52
133.50
0.00
0.00
0.00
0.00
3,875.11
TOTAL
$103,934.14
Plus interest from 3/8/06 through the date of sale at six percent per annum.
Note: The above figure is not a payoff quote. Sheriff's commission is not included in the above figure.
BY THE COURT
~i~6
10007S
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND } SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriffs Deed in which Federal Home Loan Mtg Corp is the grantee the same having been sold to
said grantee on the 8th day of March A.D., 2006, under and by virtue of a writ Execution issued on the
5th day of Dee, A.D., 2005, out ofthe Court of Common Pleas of said County as of Civil Term, 2004
Number 5937, at the suit of Mortgage Electronic Reg Systems Inc against Terrence Lee Mcbride &
Douglas T McBride is duly recorded in Deed Book No. 274, Page 3665.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this r-::J fa -zt..
,A.D. 02(}-()~
day of
Mortgage Electronic Registration
Systems, Inc.
VS
Terrence Lee McBride and
Douglas T. McBride
The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2004-5937 Civil Term
Robert Bitner, Deputy Sheriff, who being du1y sworn according to law, states that
on January 12,2006 at 7:00 o'clock PM, he served a true copy of the within Real Estate
Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the
within named defendant, to wit: Terrence Lee McBride, by making known unto Terrence
McBride, personally, at 26 Orange Street, Mt. Holly Springs, Cumberland County,
Pennsylvania, its contents and at the same time handing to him personally the said true
and correct copy of the same.
Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states
that on January 31, 2006 at 8:59 o'clock PM, he served a true copy of the within Real
Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon
the within named defendant, to wit: Douglas T. McBride, by making known unto Becky
McBride, wife of defendant, at 15 Thomas Drive, Mechanicsburg, Cumberland County,
Pennsylvania, its contents and at the same time handing to her personally the said true
and correct copy of the same.
Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that
on January 10,2006 at 7:42 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
Christopher J. Brutko, located at 137 East Pomfret Street, Carlisle, Pennsylvania,
according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to the within named
defendant, to wit: Christopher J. Brutko, by regular mail to his last known address of9
West Butler Street, Mt. Holly Springs, P A 17065. This letter was mailed under the date
of January 10, 2006 and never returned to the Sheriff's Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, he exposed the within
described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland
County, Pennsylvania on March 08, 2006 at 10:00 o'clock A.M. He sold the same for the
sum of $1.00 to Attorney Daniel Schmieg for Federal Home Loan Mortgage Corporation.
It being the highest bid and best price received for the same, Federal Home Loan
Mortgage Corporation of Foreclosure Unit, Mail Stop 61, P.O. Box 5000, Vienna, VA
22183-5000, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum
of$I,133.20.
Sheriff's Costs:
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
Law Library
Prothonotary
Mileage
Certified Mail
Levy
Surcharge
Postage
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriff's Deed
$30.00
22.22
15.00
15.00
30.00
10.00
1.00
26.40
3.66
15.00
30.00
1.17
479.00
369.20
21.05
25.00
39.50
$1,133.20
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R. Thomas Kline, Sheriff
ByJC!d4~fh
Real Estate Sergeant
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10"
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MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.
CUMBERLAND COUNTY
Plaintiff,
COURT OF COMMON PLEAS
v,
CIVIL DIVISION
TERRENCE LEE MCBRIDE
DOUGLAS T. MCBRIDE
NO. 2004-05937
Defendant(s),
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. I)
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by
its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of
Execution was filed the following information concerning the real property located at .212-216 CREEK
ROAD. CAMPHILL. PA 17011 .
1. Name and address ofOwner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
TERRENCE LEE MCBRIDE
26 ORANGE STREET
MT. HOLLY SPRINGS, PA 17065
DOUGLAS T. MCBRIDE
324 SOUTH ENOLA DRIVE
ENOLA, PA 17025
2. Name and address ofDefendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
W ACHOVIA BANK
7960 ARLINGTON EXPRESSWAY, 4TH FLOOR
JACKSONVILLE, FL 32211
MEMBERBS FIRST FEDERAL
CREDIT UNION
5000 LOUISE DRIVE, P.O. BOX 40
MECHANICSBURG, PA 17055
WASHINGTON MUTUAL BANK FA
11200 WEST PARKLAND AVENUE
MILWAUKEE, WI 53224
,
4. Name and address ofIast 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
212-216 CREEK ROAD
CAMPHILL, P A 17011
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 ofI8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
November 29. 2005
DATE
'iJ~J!~~
DANIEL G. SCHMIEG, E UIRE
Attorney for Plaintiff
.
,}
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.
CUMBERLAND COUNTY
Plainiiff,
No. 2004-05937
v.
TERRENCE LEE MCBRIDE
DOUGLAS T. MCBRIDE
Defendant(s).
November 29, 2005
TO: TERRENCE LEE MCBRIDE
26 ORANGE STREET
MT. HOLLY SPRINGS, PA 17065
DOUGLAS T. MCBRIDE
324 SOUTH ENOLA DRIVE
ENOLA, PA 17025
"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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE
AN ATTEMPT TO COllECT A DEBT. BUT ONLY ENFORCEMENT OF A UEN AGAINST PROPERTY."
Your house (real estate) at, 212-216 CREEK ROAD. CAMPmLL. P A 17011. is scheduled to
be sold at the Sheriff's Sale on MARCH 8. 2006 at 10:00 a.m. in the Cumberland County Courthouse,
South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $90.648. 76 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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action:
I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attomey'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 fuII amount due in the sale. To
find out if this has happened, you may calI (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav "at be sold
in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LmERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
~
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DFSCRlPTION
AlL THAT CERTAIN tract or perce! of \and aud promi&e8, .siIuote, lyin& aad beiDg in the Towosbip
of Lower AJ1cp, COWIIy of CIImbet\and, aud Commonwealth of Pl!IIIIIylvania, """" particularly
descriIled u IoIIowa:
BOOINNING II an irou pin on !be _line of Le&islalive Rnwe U23, locally kDGWn as Cleek Road,
at tile Westerly Iiae of Jands now or ~ of l_ 1. ChriBl, and Theresa OIrisl, bJ& wife: Ibence
W~ly alOng raid eearer 1ilIe, 2.5 feet 10 a poilll; tbeace Soulh 52 ~ S3 miIlDIta West, stUI
aloog sald _ line aud along lands now or laIe of Hempt Bros.. IllC,. 89..3 reet co a bllld Illlllle of
laud IIDW or /ale of Allee ZImmermall: dleooe aIoo& said lalId now or IaI& of Zimmmnao, Not1h 05
dqn:cs .1 minutes West, 146.31 feet to a Slake 8I1llle of laud 1IO'N or late of Elwood SulloU; ........
a\oag the Jatta laud, North 78 .grees IS mi_ EMl, S2.S feet 10 a stake at a eorDer; lbeDte by IaDils
. now or lale of J_ L Cbdal, SOIllh 38 ~ 49 mInutea But. 56 feet 10 an irou pin; tbeocc by the
same. South 12 depea 15 m1_ SIst, 100 reet 10 a poill( in the _ of L.qislatlve RolIle 21023,
lIIe phl:e ofbePm/Dl,
HAVING thenlon eretIlld two 2 1/2 story dweUiDa l1ouoea.
Tax ~ 113.24.()8()5.()24
RI!ICORD OWN1m
TlTlB TO SAID PRtlMlSES IS vesTED IN Ternnce Lee McBrIde, a slogle pllnon by _ of
lIIe following:
BEING TIm SANE ptCl,1Ibea w\Iidl Dub. DaaaI:r lItIa 0IrIa Mil1m' llIlII JoIl. V. MaureI-, J,. b)'
Deed dIted 3130119981111d tet:onled 313011998 iIIlhe Cllunty ofCumbcrlaml in Deed BooJ: 11..
... 412 c:oaveyed 11IllO Te~ Lee Mdlride, siDgIe pllOOll.
AND BEINC tile _ premlses which Temoce La McBride, .. penon by Deed cIalecI
Am/l999 8Dd reconIIld SlSII999 in !he CouIIty of ClIlIIberIaIIlIla Deed Book 198 PI,e 1031
conveyed UIIlo Dou8W T. McfJrlde, slagle pllIlIOII.
AND ALSO BEING die SIIIIC premises whic1l DoocJas T. McBride>, a siRglc (lCllllID by Deed dallld
olI3Of2ooo IUId rerorded SfI!l/2000 In Ibe County of CombcorIamI in o...d Book 211 ~ 6SS
conveyed 1IIl1D Te.muu:e Lee McBride, a I. pmoa.
PREMISES BEING: 212-216 CREEK ROAD, CAMPHll.L, P A 17011
WRIT OF EXECUTION and/or A TT ACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-5937 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTSRATlON
SYSTEMS,INC., Plaiotiff (s)
From TERRENCE LEE MCBRIDE AND DOUGLAS T. MCBRIDE
(I) You are directed to levy upon the property ofthe defeodant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon iu the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) thst: (a) an attachmeot 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 aoy property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachmeot is found in the possession
of anyone other than a named garnishee, you are directed to ootify himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $90,648.76
L.L.
Interest FROM 3/1105 TO 3/8/06 (PER DIEM - $14.90) - $5,542.80 AND COSTS
Arty's Comm % Due Prothy $1.00
Atty Paid $1064.88 Other Costs
Plaintiff Paid
Date: DECEMBER 5, 2005
~~
Prothooo
(Seal)
By:
Deputy
REQUESTING PARTY:
Name DANIEL G. SCHMIEG, ESQUIRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19102-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 62205
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Real Estate Sale # 34
On December 13,2005 the Sherifflevied upon the
defendant's interest in the real property situated in
Lower Allen Township, Cumberland County, P A
Known and numbered as 212-216 Creek Road,
Camp Hill, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: December 13,2005
BY:,--1rL-C ~
- (']:'
Real Estate Sergeant
.1 O'V Q-:l30.'
Y1iliiJ1I100 OH'r11138WnO
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PROOF OF PUBLICATION OF "iOnCE
11\ t 'UMBERLAND LAW JOURNAL
(Under Acl \0. 587, approved May 16,1<)29), P. L.1784
STATEOFPENNSYLVANI.\ :
ss.
COUNTY OF CUMBERLAf\ lJ :
Lisa Marie Coyne, Esqilire, Editor or the Cumberland Law Journal, of the County and
State aforesaid, being duly S\\OIli. according to law, deposes and says that the Cumberland Law
Journal, a legal periodical publi,iled in the Borough of Carli sic in the County and State aforesaid,
was established January 2, I 'h2, and designated by the local courts as the official legal
periodical for the publication 01 ,ill legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said COLlIII)', and that the printed notice or publication attached hereto is
exactly the same as was printed in the regLllar editions and issues of the said Cumberland Law
Journal on the following dates.
V1Z:
January 20, 27. lcbruary 3,2006
Affiant further dcposes illat he is authorized to veri ry this statement by the Cumberland
Law Journal, a legal periodic"l ,,t. general circulation, and thai he is not interested in the subject
matter of the aforesaid notic.,. or advertisement, and that all allegations in the foregoing
statements as to time, place and .Ilaracter of [111blication are Irlle.
SWO TO AND SUBSCRIBED before me this
_.-.Lday of _February, 2006
~<''')~~Il/J
, Not~!'T':, - ,-, ~ i
" , -," - '~~I'~'i ~'11 ~Cj' II'
1\1 ,'I(r"l,~r, '110 ....-')1 ., J
',.. '~ ,r.; 'Il\\:;'
-. B8TATE lIAUI: NO. S4
Writ No. 2004-5937 Civil
Mortgage Electronic Registration
Systems, Inc.
vs.
Terrence Lee McBrIde and
Douglas T. McBride
Atty.: Daniel Schmieg
DESCRIPTION
ALL THAT CERTAIN tract or par-
cel of land and premises. situate,
lylng and being in the Township of
Lower Allen. County of Cumberland,
and Commonwealth of Pennsylva-
nia, more particularly described as
follows:
BEGINNING at an iron pin on the
centerline of legislative Route 2123,
locally known as Creek Road. at the
Westerly line of lands now or late of
James L. Christ. and Theresa
Christ, his wife; thence Westwardly
along sald center line. 25 feet to a
point; thence South 52 degrees 53
minutes West. stlll along said cen-
ter line and along lands now or late
of Hempt Bros.. Inc., 89.43 feet to
a brad at line of land now or late of
Alice Zimmerman: thence along said
land now or late of Zimmerman.
North 05 degrees 41 minutes West.
146.31 feet to a stake at Une ofland
now or late of Elwood Sutton; thence
along the latter land, North 78 de-
grees 15 minutes East, 52.5 feet to
a stake at a corner; thence by lands
now or late of James L. Christ. South
38 degrees 49 minutes East, 56 Ieet
to an tron pin: thence by the same,
South 12 degrees 15 mlnutes East,
100 feet to a point in the center of
Legislative Route 21023, the place
of beginning.
HAVING thereon erected two 2
1/2 story dwelling houses.
Tax Parcel #13-24-0805-024,
RECORD OWNER
TITLE TO SAID PREMISES IS
VESTED IN Terrance Lee McBride,
a single person by reason of the fol-
loWing:
BEING THE SAME premises
which Darta Danner a/k/ a Daria
Maurer and John V. Maurer, Jr. by
Deed dated 3/30/1998 and re-
corded 3/30/1998 In the County
of Cumberland in Deed Book 174,
Page 412 conveyed unto Terrence
Lee McBride, single person.
AND BEING the same premises
which Terrance Lee McBride, slngle
person by Deed dated 4/29/1999
and recorded 5/5/1999 In the
County of Cumberland in Deed Book
198 Page 1037 conveyed unto Dong-
las T. McBride, single person.
AND ALSO BEING tbe same
premises which Douglas T. Mc-
Bride, a single person by Deed
dated 4/30/2000 and recorded 5/
19/2000 in the County of Cumber-
land In Deed Book 221 page 655
conveyed unto Terrance Lee Mc-
Blide, a single person.
PREMISES BEING: 212-216
CREEK ROAD. CAMP HH.T Of.
,... 'l
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
Michael Morrow, being duly sworn according to law, deposes and says:
That he is the 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 meir regular daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and
the 7th day(s) of February 2006. That neither he nor said Company is interested in the subject matter ofsaid
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
statemeot on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolutioo 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.
PUBLICATION
COPY
S ALE #34
Sworn to and subscribed be or .D.
NOT Y PUBLIC
My commission expires June 6, 2006
.
.
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTIIOUSE
CARLISLE, PA. 17013
..
. .