Loading...
HomeMy WebLinkAbout04-6155 J 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. 0 1./../ ~ I.JJ v. CUMBERLAND COUNTY DALEW. STAKE ANGIE M. STAKE 101 WEST MAIN STREET NEWBURG, P A 17240 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 INFORMA nON ABOUT AGENCIES THA T 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 #: J 00900 File #: ] 00900 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 OBT AIN 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 THA T TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGA TIONS 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 Plaintiff, is or will be, the owner oflegal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, P A 19044-0969 2. The name(s) and last known addressees) of the Defendant(s) are: DALEW. STAKE ANGIEM. STAKE 101 WEST MAIN STREET NEWBURG, P A 17240 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 03/26/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1858, Page: 4339. By Assignment of Mortgage recorded 3/30/04 the mortgage was Assigned To GMAC BANK which Assignment is recorded in Assignment Of Mortgage Book No. 707, Page 426. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 07/01/2004 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 #: 100900 6. The following amounts are due on the mortgage: Principal Balance Interest 06/01/2004 through 12/07/2004 (Per Diem $14.86) Attorney's Fees Cumulative Late Charges 03/26/2004 to 12/07/2004 Cost of Suit and Title Search Subtotal $81,854.92 2,823.40 1,250.00 71.23 $ 550.00 $ 86,549.55 Escrow Credit Deficit Subtotal 0.00 533.99 $ 533.99 TOTAL $ 87,083.54 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice oflntention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 87,083.54, together with interest from 12/07/2004 at the rate of $14.86 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 PHE!--AN, LLP v_.~,' -:;l~ s: ~~\.''i '- By: / /sIFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 100900 ALL that tract of land situate in the Borough of Newburg, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a railroad spike at the westerly edge of Water Street and the northerly edge of Main Street; thence by said Main Street. South 73 degrees 52 minutes West. 106.12 feet to an iron pin at corner of lands now or fonnerly of Charles Leitzel; thence by said lands now or foonerly of Charles Leitzel, North 16 degrees 49 minutes 16 seconds West. 51_49 feet to an frQn pin at comer of lands now or formerly of Julia V. Bender, thence by ~d lands now or formerly of Julia V. Bender, North 73 degrees 19 minutes Eiit, 106.73 feet to a railroad spike at the edge of Water Street; thence by ~r Street, South 16 degrees 09 minutes East, 52.51 feetto a railroad spike.. the place of beginning. CONTAINING 0.127 acres and being Tract No.2 on a plan prepared by Richard W. Boyer of Boyer-Price Surveying. BEING the same real estate which Richard C. Walker. single person, by deed dated December 15. 1998. and recorded in Cumberland County, Pennsylvania in Deed Book 191, Page 646, conveyed to Edward Lee Feniete, Jr. and Heidi J. Singer, now by maniage known as Heidi J. Fenicle, Grantors herein. SUBJECT. HOWEVER. to the right of the owner of Tract NO.1 on the aforesaid survey to use the walkway between Tracts No. 1 and 2 as shown on said survey, as said right is described In dead from John L. Rine and Ruth M. Rine, his wife, to Julia V. Bender, dated October 11, 1974. PROPERTY BEING: 101 WEST MAIN STREET 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. ~~~~ ;?'~cis S. Hallinan, Esquire ~ Attorney for Plaintiff DATE: /:L/~ ~f\ - ~~ ~\ }... <<) ~ t- 0\\ --6 ~ J ~ \r\ ~ V\ ~ I <\ I~_ ~I 1 (] \~-,-;. < .. /"'-.;) C.::...:> C::.J" .l-- C? F1 c-J I 0:> ~ ,. . o -n -.-1 ~1~; :!1 f. I C...... ~'n \:.r~~ 'r) \r;" ( '.~ (~) . \, -;:) .( _I.~ ~:'~, :..r:: ~_\' n r:? "--. _r:- ~:~ 0'" i.' ) ~'r-', ...V :2. .. ... SHERIFF'S RETURN - REGULAR CASE NO: 2004-06155 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS STAKE DALE W ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE STAKE DALE W DEFENDANT was served upon the at 1337:00 HOURS, on the 27th day of December, 2004 at 101 WEST MAIN STREET NEWBURG, PA 17240 ANGIE STAKE, WIFE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 14.80 .00 10.00 .00 42.80 Sworn and Subscribed to before e me this /0 day of /f ./ (~~AAJ.u7 ~t[)5 A. D. (/l -u- Q~.P'A--' --. 'Jf~rothonotary .~ So Answers: y~ ..~~ ~ 12/28/2004 FEDERMAN & By: Kline PHELAN q~- ~ i- Deputy She iff SHERIFF'S RETURN - REGULAR CASE NO: 2004-06155 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS STAKE DALE W ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to lawf says, the within COMPLAINT - MORT FORE was served upon STAKE ANGIE M the DEFENDANT , at 1337:00 HOURS, on the 27th day of December, 2004 at 101 WEST MAIN STREET NEWBURG, PA 17240 by handing to ANGIE STAKE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 J;/ C4/'~ "~,,,/'-"'~'_~~.~.:r'.-~~t-'~:: .,.J; ,":. ~ -.' ": -., Kline 12/28/2004 FEDERMAN & Sworn and Subscribed to before By: PHELAN } ~~k )ir-j Deputy Sheriff me this /6 it: day of ~1 J{,'V{ A.D. ~tltno{f:/:~I< ~, <+'4 . .. AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY PIT No. 2004-06155 DEFENDANT(S) DALE W. STAKE ANGIE M. STAKE ACCT. #0600960043 SERVE DALE W. STAKE AT 101 WEST MAIN STREET NEWBURG, PA 17240 Type of Action Notice of Sheriff's Sale Sale Date: JUNE 8, 2005 O SERVED rfJ, Served and made known to .. a\e. W I S~i}l<::... ,Defendan~onthe Ii 1 day of )/a({d/\,200.!J at 8.. J!J,o'clockf-m.,at /0/ VU, M"dl/J 5t../ t\klA'i:bu~ ,Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. I . \' f *Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ \IV I E(. Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s) 's office or usual place of business. An officer of said Defendant(s)'s company. htJoj" e ~ I -S~ 1::-~ . ..1 --w J ~'01C.]c l\9\t:. -.! 1/ LV .) 'WC/ ''-- ~ Description: Age;}Q Height~ Weightj2t? Race~Sex F Other fJo "l k::5C 5 d . /... r. '-:r:i'., J I, 17yt.e ~ c~ I '- -:lJ<.. I a competent adul~ being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notie 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. Other: NOTARlAL8EAL I ~'!:!-E H. CARTY, NoIary Nile ~TOI'!Il8hip, FIIIIkIin CcuIlv fo.!1 Exp/III Nov. 10,2OOf Sworn to and suy"Jfbe<il. befo~~s dIi' & of .2005: . . i Nota;':h~dh., '1:/1,;)<.L. By: jJ; PLEASE A TTEMPT SER~E AT LEAST 3 TIMES. INDI ATE OAT ES OF SERVICE ATIEMPTED. NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND became: Moved Unknown No Answer Vacant 1" Attempt: I I Time: 2nd Attempt: I I Time: -~_. 3'd Attempt: I I Time: Sworn to and subscribed before me this _ day of . 200 _' Notary: By: Attoroev for Plaintiff Daniel G. Schmieg, Esquire - 1.0. No. 62205 -------------- ---~-_.----- --- , PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 , . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 2004-06155 DALE W. STAKE ANGIE M. STAKE 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 DALE W. STAKE and ANGIE M. STAKE, 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 1217/04 to 3/1105 TOTAL $87,083.54 $1,263.10 $88,346.64 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~J G .!,.~ DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS TNDICA~D. DATE: fYl';:Mc4 .3 ;;;.coS ~Ad.t4__ f< , PRO PROTHY .~ PHELAN HALLINAN & SCHMIEG, LLP , By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (71') ,1\1-7000 ATTORNEY FOR PLAINTIFF fILE COpy MORTGAGE ELECTRONIC SYSTEMS, INC. REGISTRATION : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY DALE W. STAKE ANGIE M. STAKE : NO. 04-6155 Defendanls TO: DALE W. STAKE 101 WEST MAIN STREET NEWBURG, PA 17240 DATE OF NOTICE: .TANTJARV 25, 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 COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Sclunieg, Esq., Id. No. 62205 Philadelphia, PA 19103 I? 1 ,) '",_7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC SYSTEMS, INe. REGISTRATION : COURT OF COMMON PLEAS Plaintiff : CIVIL DNISION Vs. : CUMBERLAND COUNTY DALE W. STAKE ANGIE M. STAKE : NO. 04-6155 Defendants TO: ANGIE M. STAKE 101 WEST MAIN STREET NEWBURG,PA 17240 DATE OF NOTICE: JANrJARY 2, 200, 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 RECENED 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 DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A mDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR -CASE NO: 2004-06155 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS STAKE DALE W ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STAKE DALE W the DEFENDANT , at 1337:00 HOURS, on the 27th day of December, 2004 at 101 WEST MAIN STREET NEWBURG, PA 17240 by handing to ANGIE STAKE, WIFE a true and attested copy of COMPLAINT - MORT FORE ..together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs, Docketing Service Affidavit Surcharge So Answers: 18.00 14.80 .00 10.00 .00 42.80 /..-;r -,_..;.~.-';;"-:-'. ~,/.,."...-- . ->"1" ;,:J-......,.~.::/.. ;-r ...-:~).,;,;"-'~+1.;.-;"..:.;:c..-;..~-.c t4r~ ,', .. ~,~-'.- ~/ . , R. Thomas Kline 12/28/2004 FEDERMAN & Sworn and Subscribed to before By: ~LM< k gf_ lJ~. . Deputy She iff me this day of A.D. Prothonotary PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 2004-06155 DALE W. STAKE ANGIE M. STAKE Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the P]aintiffin 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 of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DALE W. STAKE is over 18 years of age and resides at , 101 WEST MAIN STREET, NEWBURG, P A 17240 . ( c) that defendant ANGIE M. STAKE is over 18 years of age, and resides at , 101 WEST MAIN STREET, NEWBURG, PA 17240. This statement is made subject to the penalties of]8 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. A..~,;I (, L.L.~ DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT lIact of land situate in the Borough of Newburg. Cumberland County, Penllllylvania, boullcieJ and described as follows: BEGINNING at a railroad spike 81lhe Westerly edge of Water Street and the Northerly edge of Maill Streer; mence by said Main Street. South 73 degrees 52 minutes West, 106.12 feet to all iron pin at comer of lands IlOW or formerly of Charles Leilzcl; thence by said lands now or formerly of Charles Lci17.eI, North 16 degrees 49 mlnures 16 seconds West, 51.49 feet to an iron pin at corner of lands now or formerly of Iulia V, lkrulcr; thence by said lands now Qr fonnerly of Julia V. Bender, North 73 degl1lell 19 minutes East, 106_73 feet to a railroad spike at the edge of Water Slrett; thence by Water Street, South 16 degrees 09 miUUlcs East, 52.51 feet to a railroad spike, the place of beginning. CONT ArNING 0.127 acres and being Tract No, 2 on a plan pcep;.u:ed by Richard W. Boyer of Boyer- Price Surveying, SUBJECl', HOWEVER, to the right of tht owner of Tract No. I on the aforesaid survey to use the walkway between T noels No. 1 and 2 as shown on 8lIid survey. as said right is described in Dted from JoOO L. RiDe and Rt1d1 M. Rine, his wife, ro Julia V. Bender, dated October II, 1974. TITLE TO SAID PREMISES IS VESTED IN Dale W. Stake and Angie M. Stake, husband and wife, by Deed from Edwanl Lee Pemcle Ir. and Heidi 1. r'Cllicle (formerly Heiui 1. Singer), husband and wife, dated 3m!2004 and recorded 3/30/2004 in Deed Book 262, "age 1341. PROPERTY ADDRESS: 101 WEST MAIN STREET, NEWBURG, P A 17240 TAX PARCEL: #24-21-0390-057 . (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. 2004-06155 DALE W. STAKE ANGIE M. STAKE Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on (Yl '::i/Jr L . '{ 200..{ . If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG. ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 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." ~ -<g.. c ;v ---.(J ~ kk B " .....' 0 --- (::::-1 c~'~,) -/1 -t: ,of' ~ -- ~ r'. :T, " ~ :;;.:,;... \:;; :;.....;) ~ I W - w ~ &- ~~ ,..'" .-: ~ (5 \U ~ :"": :::.)\"11 - C?? :;-~ f:" - .~- '~_~J ,,~ .'~.... -< .&;;- ~ ,... PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. No. 2004-06155 DALE W. STAKE ANGIE M. STAKE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $88,346.64 Interest from 3/1/05 to JUNE 8, 2005 (per diem -$14.52) $1,437.48 and Costs TOTAL $89,784.12 k.J G &l~ DANIEL G. SCHMIEG, E QUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property, No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 0;..$ o~ ~? ~~ ~C/1 ZZ o~ ~~~ o~ UZ o;..? 00 U ~~ ?~ 8~ ~(;li< ""'~ ~? U .;;"" ., -' cO c" \ C::::'. ."":~. "",,". .- \.r~ C:::-' .;::;::) c-J l..l~ c::..' -TF- aCt) - -d ~ : (LV, u u~ ... ~ ~~ ~(;li< t~ ~~ (;li<z ~s ~S ~"'" ~6 ~ ~ .. ~~ <t"", ~C/1 ~i (;li<~ ~" ~~ g "'" G ~~ (;li<;::I '" ....0 o~ ~&. :;.. ., ... ';f ~! o;..~ ~'-' o ~ ~ - - ~ '::; - - - ,oG G~ '0)~ - :r 't>r \ \ %B~~ ~ 't) 0:. \6 <J c... <) ::r -- .;j " - .~ .... ~j Q "0 C\ v; - .",..~ ClCl ..,.., ........ ........ ...... <t<t ~~ ~o ?~ ~$ ~~ z~ ~~ "",,,,,, C/1C/1 z~ ~<t ~~ ""'~ C/1(;li< ~~ ...... ClCl ...... - .,; " ~ " ,&J 8' e if> 'oS ~ P- " l ~ .Ja ~ ~ ~ o :r "lli cJ , 1 v, ii -t '2 3 J -ro --t- cJ ~ M ~ ~ ~ (:{ ( - LEGAL DESCRIPTION . ALL THAT tIact of land situate in the Borough of Newburg, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a railroad spike at the Westerly edge of Water Street and the Northerly edge of Main Street; thence by said Main Street, Sooth 7:1 degrees 52 miDUll:S West, 106.12 feel {O all iron piD at corner af lallds now or formerly of Charles Leitzel; thence by said lands I10W or formerly of Charlcs Lcitul, North 16 degf'tt& 49 minutes 16 seconds West, 51.49 feet to all iron pin at comer of lands now or formerly of Jlllia V, Bender; thence by said lards now or formcrly of lnIia V. Render, North 73 degrees 19 minutes East, 106.73 feet [0 a railroad spike atlbe edge of Water Street; thence by Water Street. South 16 degrees ()9 minutes East. 52.51 feet to a railroad spike. the place of llegioning. CONTAINING 0.127 acres and being Tract No.2 on a plan prepared by Richard W. Boyer of Boyer. Price Surveying, SUBJECT. HOWEVER, to the right of !he owner of Tract No. 1 011 the aforesaid survey to use the walkway between Tracts No.1 and 2 as shown on said survey, as said right is described in Dl:Cd from JoOO L. Rine and Rum M. Rine. his wife, to Julia V. 1let1der. dated October 11, 1974. TITLE TO SAID PREMISES IS VESTED IN Dale W. Stake and Angie M. Stake. hU$band and wife. by Deed from Edward I..ee Fenicle If. and Heidi J, r<etUcle (fonnerly Heidi 1. Singer).husband allll wife. dated 3122.12004 and recorded 313012004 in Deed Book 262, Page 1341. PROPERTY ADDRESS: 101 WESTMAlNSTREET,NEWBURG,PA 17240 TAX PARCEL: #24-21-0390-057 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04.6155 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 DALE W. STAKE AND ANGIE M. STAKE (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the 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 (5) 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 $88,346.64 L.L. $.50 Interest FROM 3/1/05 TO 6/8/05 (PER DIEM - $14.52) - $1,437.48 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $140.80 Plaintiff Paid Date: MARCH 3, 2005 Other Costs CURTIS R. LONG (Seal) Prothonotary '-Bv: a ~ 0 _P 7f.M.d.. r- Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 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 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION DALE W. STAKE ANGIE M. STAKE NO. 2004-06155 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. ~ud c w-,..~ DANIEL G. SCHMIEG, ES UIRE Attorney for Plaintiff TI,~ s~ C_,.1 :::;6: :\::,", :;',0 \ 0) .;:;- -I'd Request for Military Status Page I of I Department of Defense Manpower Data Center _ Military Status Report . Pursuant to the Servicemen's Civil Relief Act of2003 MAR-0l-200508:43:54 <Last Name First Middle Begin Date I Active Duty Status I Service/Agency STAKE DALE W. 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. ~Wr)~6-~ Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please fax your response to 703-696-4156 or call 703-696-6762 and further research 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/owafsscra.prc Select 3/112005 Request for Military Status Page I of I Department of Defense Manpower Data Center .. Military Status Report . Pursuant to the Servicemen's Civil Relief Act of 2003 MAR-01-200508:44:35 <Last Name First Middle Begin Date I Active Duty Status f Servicel Agency STAKE ANGIE M. Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks ofthe Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the Military. ~w~~~ Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization ofthe 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. Uyou 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:l/www.dmdc.osd.mil/udpdrilowalsscra.prc _Select 31\/2005 - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION DALE W. STAKE ANGIE M. STAKE NO. 2004-06155 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 101 WEST MAIN STREET. NEWBURG. PA 17240. I. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DALE W. STAKE 101 WEST MAIN STREET NEWBURG, PA 17240 ANGIE M. STAKE 101 WEST MAIN STREET NEWBURG, PA 17240 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 101 WEST MAIN STREET NEWBURG, PA 17240 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 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 ofl8 Pa. e.S. Sec. 4904 relating to unsworn falsification to authorities. March 1. 2005 DATE ~..J G 1rJ."""iourn. DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff l-' (-- ,.., C4 (".::,;:1- -:f' ::r.: .:;? >() \ v:> ---- c<~ .r" s:'. - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, No. 2004-06155 v. DALE W. STAKE ANGIE M. STAKE Defendant(s). March 1,2005 TO: DALE W. STAKE 101 WEST MAIN STREET NEWBURG, PA 17240 ANGIE M. STAKE 101 WEST MAIN STREET NEWBURG, PA 17240 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTlNG TO COLLECT A DEBT AND ANY INFORMA TJON OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSLY RECEfVED 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 ,101 WEST MAIN STREET, NEWBURG, PA 17240, 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 $88,346.64 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: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3, You may also be able to stop the sale through other legal proceedings. 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 if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 '. LEGAL DESCRIPTION ALL THAT lIact of land silUale in l~ Borough of Newburj!. Cumberland County. Pe11llllylvania. bounded and described as follows: BEGINNING at a railroad spike stille Westerly edge of Water SCreet and the Northerly edge of Main Streer; thence by said Main Street, South 73 degrees 52 minutes Wesl. 106.12 feet to an iron pin at corner of lands IIOW or formerly of Charles Leilzcl; thence by said lands now or fonnerly of Charles Lci17.eI, NOrth 16 degrees 49 minutes 16 seconds West, 51.49 feet to an iron pin at comer of lands now or formerly of Julia V. Bender; thence by said lands now or formerly of Julia Y. Bender, North 73 degr~ 19 minutes East. 106.73 feel to a railroad spike at lheedge of Water Street: thence by Water Street, South 16 degrees 09 minutes East, 52.51 feet to a railroad spike. the place of begillniog. CONTAINING 0.127 acres and being Tract No.2 on a plan prepared by Richard W. Boyer of Boyer. Price Survey iog. SUBJECT. HOWEVER, to the right of the owner of Truer No. 1 on tbe aforesaid survey to use the walkway between Tracts No. 1 and 2 as shOwn on said survey. as said right is described in Deed from John L. Rine and Ruth M. Rille, his wife, ro Julia V. Bender, dated October II, 1974. TITLE TO SAID PREMISES IS ',(ESTED IN Dale W. SUlke and Angie M. Slake, husband and wife, by Deed from Edward Lee FeDicle Jr. and Heidi J, Penick: (formerly Heidi J. Singer), Imsband and wife, daled 3n212OO4 and recorded 3/30/2004 in Deed Book 262, I'age 1341. PROPERTY ADDRESS: 101 WEST MAIN STREET, NEWBURG, P A 17240 TAX PARCEL: #24.21-0390-057 ....) C':J ~i.;;~ :::1': :;:::::i"' ::.0 1 "^' N_' -<', (") -n .~ i:4~;:p in ~,:) (") 0) c> ;i'M i ..r.:- J'- .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ) CIVIL ACTION ) vs. DALE W. STAKE ANGIE M. STAKE ) CIVIL DIVISION ) NO. 2004-06155 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. hereby verify that on 3/9/05 true and correct copies of the Notice of Sheriffs sale were served by certificate ofrnailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: AprilS. 2005 '~(}Ji\l' Q ~.3t. ~l\\ 0 Q~'v ANIEL G. SCHMIEG, ESQUIRE (J Attorney for Plaintiff ~ . . \:.O~6~.300~dlZlf'jmHa31I"W . SOOZ 60 d'i~ U\:OO\:17000 006"00 $ 'i~ lO ~:-IMo'dUNlld~~C:' . ;;!J'~' - I' r;t . ,'t' <:i . ~~~ . . ('-""'''0 ~ '; I \\'~~~~ ~ ..,~ <i: <.:5 "". is :::J. ~ ~, ,n' r- <0 N >< o ~ o "" ill ~ ~ e ~ - ~ ....:i .. .g~ 0,,;;1"" l1.l.ov:... ~-g.o~ i;icn;;s~ u~?,<t r./l..p~;; "<l~,g""7 ~ ~..8'8 ~~g~ ~t5< ';;l '5 ~, "J ::au"":E ~%~% .....:lO-l~--o ~.ut-.;s "'8';: ~ '""'t-. p... -- "'" ~ ;~-o '" '" " a -l3,}\ ~~o ti 'i2 \'ii ~ o 'F, ~ :0:: ~ o 7. '" - ;-; r ~ 8 ~ 2 "" . ~ , ~ ~ 0( () . ~ "" 0 0 s Vl .. S ~ = . i;( J ~ . ~ '" . . e () - ~ \'ii ~ 0( "" ~ 0 ~ e 0 . p ~ .. III .c E ::> Z III (j '.e <t ~ ~ ~ s:: "" <<: \> ""- (j ~ ~ ~ r Z ~ Ii ~ ~ . Vl ~ ~ ~ ~ ~ \'ii Vl "" ~ ?; "" S ... - u.. o :0:: ti <<: "" ~ ~ ~ ~ ~ ~ ili r " " ';j N '" <t on - ") <0 r- 00 0< I . o - \ -s ~ ~ ~Q...,!!g ~'2..t\"; g.g ~~. ~'d ~ v %8.5'7], ~~,~ ~ ~,,:-gc E'~ ~ v '" "" '-' ., EO" '" = e . x ~ ~ 8 'G~;; ,g'-;z ~ ~'E ~-~ ";i g~?- ~ "f>~'~ "@sgg- 1l~~-5 '&30~~'~ e 8 ~t: - 9: 0.." ~ "':t' "'. o 0._...... .~~ %'@ 6."~ 1!Z:t:~ .S ~ -~ ~ ~ ~~'~ .g~'; ~ ~~;:l~ o ~ ~ g oj ~ t'1-"_,,,~ Oi F t:A \} = g = , ' 09 .,.- S e.g~~'O 'g.~ g ~'g ~ ~ v o.'c "'.::: p. z>e _ 0 ~ -~ .., oJ;) at::: ,.2 ~ _ ~ co: tg~]8 ~ '0 t:: e;::; .g g.~ giJi e 'P (: ._~ ~g~g,~ ~'82$a; :E~~~d '" .....-.00 t:.s~~~ N ~ "" r ~ ~ 6 , "E ;2 o g b " .. ~ ~ . ~ gS , ~ ~'" , ~ " . . u ~8 \'ii "i{.O ~ - o 8 ?; t.. ,€1U ::l o~ "- ~ -< ]E p ~;}. - - N - '" - <t - on - " OJ " '" ~ ~ 0", "~ 1l;j, ~ .~ ::~ 5 u Q .~ ..... y 1-' c:::, c~~;.I c..J' ?:::. :::J I -. ~< -':\ ~l :C-n \-nf":~':. -(18 :u'1' :.~).C) -~~ ,. )tn -.,.... ~"l o o -, ~.~ Mortgage Electronic Registration Systems Inc. VS Dale W. Stake and Angie M. Stake In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-6155 Civil Term Cpl. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 14, 2005 at 7:21 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 defendants, to wit: Dale W. Stake and Angie M. Stake, by making known unto Dale Stake personally, and husband of Angie M. Stake, at 101 West Main Street, Newburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy ofthe same. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April II, 2005 at I :17 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 Dale W. Stake and Angie M. Stake located at 101 West Main Street, Newburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice ofthe pendency of the action to the within named defendants, to wit: Dale W. Stake and Angie M. Stake, by regular mail to their last known address of 101 West Main Street, Newburg, P A 17240. These letters were mailed under the date of April 18, 2005 and never returned to the Sheriff's 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 Surcharge Poundage Levy Mileage Advertising Posting Handbills Share of Bills 30.00 30.00 11.06 15.00 29.6015.00 15.00 16.47 Law Journal Patriot News Postage Law Library Prothonotary 302.60 97.02 .74 .50 1.00 $ 563.99 S~_~~~~ r _~ - "" This 5 ~ day 0'1'",",--"" R. Thomas Kline, S eriff 2005, A.D. ~:2t'-' f2 '>>1,P~R.-, ,~BY Si',}cr~ !!mu.-IJ" Prot 0 otary Real Estate rgeant Sworn and subscribed to before me I,stl W 5D 0:;.9 ~ . ,(, <t9'1D MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION DALE W. STAKE ANGIEM.STAKE NO. 2004-06155 Defendant(s). AFFIDA VII PURSUANT TO RULE 3129 (Affidavit No.1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1 01 WE~T MAIN STREET, NEWBURG. PA 17240. · I. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DALE W. STAKE 101 WEST MAIN STREET NEWBURG, PA 17240 ANGIE M. STAKE 101 WEST MAIN STREET NEWBURG, PA 17240 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None l ~" , 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, p lease 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 101 WEST MAIN STREET NEWBURG, PA 17240 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrishurg, 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 J, 2005 DATE Ik,.d (, lrkmi DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, No. 2004-06155 v. DALE W. STAKE ANGIE M. STAKE Defendant(s). March 1,2005 TO: DALE W. STAKE 101 WEST MAIN STREET NEWBURG, PA 17240 ANGIE M. STAKE 101 WEST MAIN STREET NEWBURG, PA 17240 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTA1NED WILL BE USED FOR THAT PURPOSE. lF YOU HA VE PREVlOUSLY RECE1VED A DlSCHARGE lN BANKRUPTCY AND THlS 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 AGA1NST PROPERTY" Your house (real estate) at, 101 WEST MAIN STREET, NEWBURG, PA 17240, 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, PA 17013, to enforce the court judgment of $88,346.64 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you, In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 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. 1, If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out 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 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 ASSOCIATION 2 LIBERTY A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION .. ALL THAT tract of land situale in the Borough of Newburg, CumberIend County. Pennsylvania. oouoded aJId <lescribc:d as follows: BEGINNING lit a railroad spike althe Westerly edge of Watet Slrtet aDd the Northerly edge of Main Street; thence by said Main Street, South 73 degrees 52 minulrS West, 106.12 feet to au ROD pin at comer of lands IlOW or formerly of Charles Leitzel; thence by said lands now or formerly of Charles Lci17.eI, Notlb 16 dcgrc:es 49 m10utes 16 seconds West, 51.49 feet to an iron pin at comer or lands IlOW or formeny of lWia V. Bender; lhellc:e by said Ialllls now or formerly of lulla V. Bender. Not1lt 73 degrees 19 minutes ElIst. 106.73 feet to 8 railroad spike at lhe edge of Water Street; thence by Water SIreel, Sooth 16 degrees 09 mi\1lJteS East, 52.51 f<let to a railroad spike. the place ofbeginniug. CON'!' AINlNG 0.127 acres and being Tract No.2 on a plan prepared by Richard W. Boyer of Boyer- Price Surveying. SUBJECT, HOWEVER, to the right of the owner of Tract No. 1 on the aforesaid SUIvey to use the walkway between Tract& No. Ill1ld 2 as shown on mid survey, M said rigbt is described in DeN from 10hn L. Rine and Ruth M. RIDe. bis wife. to Julia V. Bender, daled October 11, 1974, TITLFi TO SAID PREMISES IS v~T1m IN Dale W. Stake iIIIll Angie M. Slake, busband aoo wife, by Deed from Edwanl Lee fcnicle Jr. and Heidi 1. r"Micle (formerly Heidi J. Singer). husband and wife. dated 3122/2004 and recorded 3/3012004 in Deed Book 262, Page 1341. PROPERTY ADDRESS: 101 WEST MAIN STREET, NEWBURG, P A 17240 TAX PARCEL: #24-21-0390-057 WRIT OF EXECUTlON andlor ATTACHMENT COM~iVNWEAL TH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-6155 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATlON SYSTEMS, INC., Plaintiff (s) From DALE W. STAKE AND ANGIE M. STAKE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTlON (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 $88,346.64 L.L. $.50 Interest FROM 3/1105 TO 6/8/05 (PER DIEM - $14.52) - $1,437.48 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $140.80 Other Costs Plaintiff Paid Date: MARCH 3, 2005 CURTlS R. LONG (Seal) Prothonot~ n ~ ~: ith. n.,~ t:... / L /:Jl /2<<<' /" Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATlON 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTlFF Telephone: 215-563-7000 Supreme Court ID No. 62205 lL.05- '-,- ;:;:;'. lu!:- '::=""'- U):: LUiS::' :.c:- ;-. L,. o "-1'- U: t:~ Cl...... <::: ..:::r "" Q ro ,J(eal Estate Sale #33 ~ iG ~On March 09, 2005 the Sherifflevied upon the defendant's interest in the real property situated in Newburg Borough, Cumberland County, PA Known and numbered as 101 West Main Street, Newburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 09, 2005 BY:0D~ SwdL Real Es;a& Deputy ~ ~ %:0 ~ ~=~O-ll THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, iu the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 26th day(s) of April 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Misce ous Book "M", Volume 14, Page 317. COpy S ALE #33 Sworn to and sull 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 97.02 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By......................................................,............. ~~ '""'=' REAL ~ SALE No.. W..No.-..1_ ClvII'I8rm . Me_ .~J flntl'ORlc - -. .1 8pIpf..~ 'Inc. - V . ' DeleW.__' .....-, Atty:....... SCI_1eA llESCIIIP110N t ALL'IlIAT'lIlACI"of__inthe ~ of Nmuq. ~.... CoaoIy. ~.l".......iiIIi_..filIIows: IlIlGINNING at . _ spit< at the W-.Iy ""Fof_ _ IIld the Ncdlody ""F of"""' Sbet: _brAid ",,",_, South73.....SZ.......\\Osf.10li.l2ftct.. .....pin.........of__ctl\Jm1edyof Cbades LoiIzel; """" by Aid _ _ or l\Jm1edy of Cbades Uibol. _ 16 ..... 49 .......16__,SI.49f1el.......pin at comer of_ .... or fonDcrly of luliA V, Beoder;""""byAid_JIOWorl\Jm1edyof 10Iia V,Beoder;NixIh 73 .....19....... Bast, 10li.73feet..._.atthe.ofW..., Sbet: _ by _ s.m. South 16..... 09.......Eost.S25Ifeetlou.iIroad..the place ltllOOlNNJNG. CONTAINING O.l13 "'" IIld bein& Tract No. 2 OIl . plan p<o-pm!I by RidIOld W. Boyer of Boyer-Pri<:e~. SUBlECT, _.ID the ri&bt of the owner ofT"" No. I OIl the a!llIlaaid survey 10 use the walkway b<tweeo 'Il3<Il No~ I and 2 as sbown 00 Aidsurvey... Aid................ inll<tllfrom lOOn L. Rino and 1loih iii, ~ wilt. to luliA V._..laIoUlan U.I974. 'lTILIlTO~ptanitc:Jia_inJlak: W,_IIldADP>M._.bB1baodllldwife. by Il<tlI from Edward Lee Feoi<Ick. and Heidi I. Feok:)c (fonDcrly Heidi I. SiaF). _ and wilt.dao:d 312211004 IIld_ 3_ in lleollloot26;l.PIF 1:J4l. PIlOI'I!Kl'Y_lOl\1iolll,in Slleot.Nmmg.l\\<I,*. TAXPAACELNo.24-11~7. . . . 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, VIZ: 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. , Editor SWORN TO AND SUBSCRIBED before me this 29 day of April ARl SEAL LOIS E. SNYDeR, NotaIy Public CaIIIeIe Boro, CumbeIfand County My Commi88Ion ElqJires Marth 5. 2009 "', ,~ Writ No. 2004-6155 CMI Mortgage Electronic Registration Systems. Inc. vs. Dale W. Stake and Angie M. Stake Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT tract of land situate in the Borough of Newburg. Cumber- land County. Pennsylvania, bound- ed and descrlbed as fonows: BEGINNING at a rallroad spike at the Westerly edge of Water Street and the Northerly edge of Main Street; thence by said Main Street, South 73 degrees 52 minutes West, 106.12 feet to an iron pin at comer of lands now or formerly of Charles Leitzel: thence by said lands now or formerly of Charles Leitzel, North 16 degrees 49 minutes 16 seconds West. 51.49 feet to an iron pin at comer of lands now or formerly of Julia v. Bender: thence by said lands now or formerly of Julia V. Bender. North 73 degrees 19 minutes East, 106.73 feet to a railroad spike at the edge of Water Street; thence by Water Street, South 16 degrees 09 minutes East, 52.51 feet to a rail- road spike, the place of beginning. CONTAINING 0.127 acres and being Tract No.2 on a plan prepared by Richard W. Boyer of Boyer-Plice Surveying. SUBJECT. HOWEVER, to the right of the owner of Tract No.1. on the aforesaid survey to use the walk- way between Tracts No. 1 and 2 as shown on said survey, as said right is described in Deed from John L. Rine and Ruth M. Rine. his wife, to Julia V. Bender, dated October 11, 1974. TITLE TO SAID PREMISES IS VESTED IN Date W, Stake and Angie M. Stake, husband and \Vife, by Deed from Edward Lee Fenicle Jr. and Heidi J. Fenic1e (formerly Heidi J. Singer), husband and wife, dated 3/22/2004 and recorded 3/ 30/2004 in Deed Book 262. Page 1341- PROPER1Y ADDRESS: 101 WEST MAIN STREET. NEWBURG, PA 17240. TAX PARCEL: #24-21.0390-057. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. No. 2004-06155 DALE W. STAKE ANGIE M. STAKE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $88,346.64 Interest from 3/1/05 to DECEMBER 6, 2006 (per diem -$14.52) $9,365.40 and Costs TOTAL $97,712.04 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19l03-1814 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 ~ale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ~~ ~ o~ """" E- ~> . ~ u U r-1....J u~ ~'E' ....J~ """" ~ ~oo. Zoo. SS r-1 a ~i ~~ ~ e E-r-1 o-g ~~~ u~ E-E- ~~ ~~ 00. v: o~ <Ii .:?J UZ r-1z ;;.. ~r-1 ~~ ~~ r-10 ~s ~~ 00 C"""" 01: U ~~ ~~ ~ e ~~ r-16 ~~ ~ e= 8; o~ u ~~ ~ ~~ ~ E-~ ~~ U >: co ~ N \-- 9 ul9 o~::- :c n:Q ..::i: ;,,!.s F~: ..:!" ~,. c,~ @8: N .::r-: . (,'.) =' u.J ::J a~~ U-:J: ..a: }- ...c;) ... .. - LL = ... .. .. ... ... 0 = .. .. c--..: 1;; --d .. ... ... .. ~ .. =: ~ ... - ... r- , , l () , ~ ~ t).. \) ~ <) 0- <J 0 0" ~ a \) r:v ~ . . Y) ~ vi ~ ~ ~ Nl - ....J V) '" ~ ~ v, ~ == ~~ ~~ ~~ << ~~ cig ~~ ~~ ~~ ~~ !~ -d ~ l:t:: ~~ ~ CIl ..... ~~ -a ~ ..... .J:J C':S ~ ...... ~ ~ a '..sa E-~ CIl ~ ~~ ~ ~ p.. 0 ~~ ~ ~ == ~ ~~ ~ CIl 1 CIl i .n o CI -<) <) -r .~ 3 ~~ ,CiJ -.. --.J ~ ~ ......: -et. ~ ~ ~ ~ "tt " WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-6155 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 DALE W. STAKE AND ANGIE M. STAKE (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) 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 $88,346.64 L.L. Interest FROM 3/1/05 TO 12/6/06 (pER DIEM - $14.52) -- $9,365.40 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $717.29 Other Costs Plaintiff Paid Date: AUGUST 24, 2006 (Seal) Prothonotary 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 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 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 DALE W. STAKE ANGIE M. STAKE NO. 2004-06155 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 l8 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff (") ~? rc; ~ -;p>> c:: t7} r-..j J;7 P'" :3t. '2 ~ -\ ::r;,-n n'l- hi ~'d -'-- \ ::) c' -=~~ :f~ ~2B .,<;r_[l\ () __I -55 :..:: r<> c:J) ... ,- MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION DALE W. STAKE ANGIE M. STAKE NO. 2004-06155 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) 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 .101 WEST MAIN STREET. NEWBURG. P A 17240. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DALE W. STAKE 101 WEST MAIN STREET NEWBURG, P A 17240 ANGIE M. STAKE 101 WEST MAIN STREET NEWBURG, P A 17240 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 J - _.. 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 101 WEST MAIN STREET NEWBURG, P A 17240 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. August 22. 2006 DATE DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff o C:. ;:,';<'" _4'~ '" = c= c:r- > c::: G") "', .&:" o -n ~." rn-- -ofT; ,1)C:3 r') T ',,, (1- rl.,.; :S=D =-.~(I /<\1'1 .~:::t )> :n -< ~ :::>;;: <2 N CO .... ...... MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, CUMBERLAND COUNTY No. 2004-06155 v. DALE W. STAKE ANGIE M. STAKE Defendant(s). August 22, 2006 TO: DALE W. STAKE 101 WEST MAIN STREET NEWBURG, P A 17240 ANGIE M. STAKE 101 WEST MAIN STREET NEWBURG, P A 17240 **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 .101 WEST MAIN STREET. NEWBURG. PA 17240. is scheduled to be sold at the Sheriffs Sale on DECEMBER 6. 2006 at lO:OO a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $88.346.64 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 3l29.3. NOTICE OF OWNER'S RIGHTS YOU MA Y BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. ...'~ '- }IJ 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. l. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (7l7) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 A' ". LEGAL DESCRIPTION AIL 111AT tract of land situate in the Borough of Newburg. Cumberland County, Pennsylvania, boU8ded aDd described as follows: BBGINNINO at a raiJJoad spite . die Westerly edge of Water SIrect and the NonhcrJy edge of Main Street; theace b,said Main Street. South 73 degrees 52 minutes West, 106,12 feet to an iro.a pin at comer of IaDds QOW or fonner1y of Charles Leitzel; thence by said lands now or formerly of Charles Lc:kzel. North 16 dqpccs 4-9 I1lim1tH 16 secoods West. 51.49 feet to an iron pin at corner of lands now or fonnedy of lWia V. BcDd.cr; thence by said lands now or formedy of Julia V. Bender, North 73 degIeefJ 19 minutes Eut. 106.13 feet 10 a railraIId !pie at the edge of Water 8m:et: tbeDce by Water Street. Soudl16 degrecs09 minutes Eas4 52.51 ~ to a railroad spike. the place ofbeajnniftg. CONTAINING 0.127 acres and being Tract No. 2 on a plan prepared by Richard W. Boyer of Boyer- Price Surveyiag. SUBJECT. HOWEVER, to the rigbt of 12 owner of Tract No. 1 OIl me aforesaid survey to use the walkway ~ Tncb No. 1 and 2 as shown on Aid BUf'Ve.)', as said right is described inDeed ftom lObn L. Rinc and R\lth M. Rine. his wife, to Julia V. Bender, daIed October 11, 1974. TI1LB TO SAID PREMIStiS IS Vf.S1liD IN Dale W _ Stake and ADgie M. Stake, husband and wife. by Deed from Edward Lee Fenicle Jr. and Heidi J. m..icle (formerly Heidi J. SiDger). husband and wife. dated 312212004 and recorded ~/30nOO4 in Deed Book 262, Page 1341. PROPERTY ADDRESS: 101 WEST MAlN STREET, NEWBURG, P A 17240 TAX PARCEL: #24-21-0390-057 (J ~:; r--..) c::, c-'? 0-" o 11 --4 :::r: rn:n l1hi ~nCJ (~) 1. 'i(_l .~~.~~ :5m ;:;'-1 -,,> :D -< ;po. ,- to?) N ~- ~ o f"..) CO , . - AFFIDAVIT OF SERVICE PLAINTIFF ~IC~GAGE ELECTRONIC ~GlSTRA TION SYSTEMS, INC. DALE W. STAKE ANGIE M. STAKE CUMBERLAND COUNTY CQS No. 2004-06155 DEFENDANT(S) PHS#100900 SERVE: DALE W. STAKE 417 MEADOW DRIVE SIDPPENSBURG, P A 17257 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 6, 2006 SERVED Served and made known to JJ Q l-e w' S IG (c P , Defendant, on the -1 '1 +V\ at '{) S , o'cloCkf}.m., at t./ It .AA ei( ~o<-V Dr. day of S'~p~eW,ber,200~ , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. ( f' V Adult family member with whom Defendant(s) reside(s). Name and Relationship is lrv I e.. Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant( s)'s company. Other: Description: Age ? S; -4 S- Height S-IS 1/ Weight 1 S" J Race ~ Sex -E Other I, -t Qll I' A eobpl'1'J', a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy ofthe Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. - By: J) ~o '-IZd LEASE ATTEMPT S RVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. St.::"\ ~r.::i';i' PA-; f.' , :/.ilS NOT SERVED Commiss;crl j:'''Ji.,O '''~' '16' ')t','Q I '-hr'.) "'..~. 1.1"w ~ '-1.J~'v On the yof ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: / / Time: 2nd Attempt: / / Time: 3rd 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 /~ ?/:L r...:> C:::J c-~ 0-' if) r-r\ -0 o -n .-4 :r:- rl1~ -0 OJ i-:~ ~~ c]. [S (.)In OJ;! :;0 .< 1") '-.0 -0 0;) 1'.) f-.J ,', i . . PLAINTIFF AFFIDAVIT OF SERVICE M~TGAGE ELECTRONIC REti{STRATION SYSTEMS, INC. CUMBERLAND COUNTY CQS No. 2004-06155 DEFENDANT(S) DALE W. STAKE ANGIE M. STAKE PHS#100900 SERVE: ANGIE M. STAKE 417 MEADOW DRIVE SIDPPENSBURG, P A 17257 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 6, 2006 SERVED Served and made known t04 fl9 i e. .All . .sf- q Ie e , Defendant, on the , 200k at 4 '.l)" . o'clock ~.m, at 2..1 It /VI. f 0, ~ O\.J t r . 17 1 i1 day of Se p t ~l'1.loer , Commonwealth of Pennsylvania, in the manner described below: ~fendant 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 ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age "3 S--L( S Height S- 1'5)' , Weight lrr Race ~ Sex Lather I, --b 0 Lt I \ ~ Q6 beJ'f S . 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. Pt", ,," ,,',IS Commission Exp:res June 16, 2008 NOT SERVED On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st 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 - I.D. No. 62205 /~ yeP o c " r...;) C.,--:'I c-::? <:::r- (fJ 0" -'u N U) -c C) -", -...... ::r: -n rn-- .- ~rn -::, c;::, ()b .1 o' ~?5 7~ 6m ...j -.t::-- ~ -=< c.r:; N r,,;; SALE DATE: DECEMBER 6,2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA W MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. No.: 04-6155 vs. "'-, (~-:::::) DALE W. STAKE ANGIE M. STAKE C-) c.;:. AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE C) '':-J Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 101 WEST MAIN STREET, NEWBURG, PA 17240. As required by Pa. R.C.P. 3l29.2(a) Notice of Sale has been given in the manner required byPa. R.C.P. 3l29.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Amended Affidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 38l7) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. 51;-J JiJ~ DANIEL SCHMIEG, ESQ .' Attorney for Plaintiff November 9,2006 f~ ..- il VI ..... ...... .5 ~$I, i [! ~ ~l ~ 12, . ~f ~ ~ if iJi if I g i l i2~1!1f .8 ~f I r !ip; ~ "'p." t ~1:~I'i' B'B'~i~ fUIi ~!iri II~H ...-Un I~.i[ ~J.~[ hi ~ ~ III i, oat! lil.i I f I' j( ~lfi I. i,l:ii fi:~ t;l~ V\.........,IV- ~ ~ t:l ~ 8 CJ ~ ~ ~ ~ ~ i ~~~Otl)~ g ~ ~ i ~ ~ eel: 5!~- ..- ~ 0 0 !. ~. a:.. ~ ~ 'I ~.,8~~~ ~ ~ ~ ~ ~ r g~~. i~i g ~ ~ g ~ ill ~ ~ .~ 8 ~~!~~ > > ~ 0 Z ~ 8 p i .~ ~ ~ ~ ~ ;! ~ ~ i ~ ~ ~ ~~ ~ '-" - - ~ ~ --0- n ~ ~ Q 'l:l . > "tl >- ..... -' . 4;-';'tS~~ : l".n~lIi!~ - i . ':) ~ .....-ptt..f'I jJrwVEJ t 02 1M. $ 01.550 , 000421801 0 ~G 23 2006 _ M,,\LEO fROM ZIP coot: 1 \il' 0:) > w CD z c:: 3 tT . .... 0>...-.1 ...c.." fa-a ~i= ., c.. f~~O'"tl ':::ig ~ .,..."'t"" J~~~ ~~i~. ::O~~2 o~f./'}>' <.,o..l = z ~g'[~ ~ji'o ~ '- [C/'J ! o ~g " ..... ~tt 0 ~ ~ ~t"" ~ ~ f . - 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 Fannie Mae is the grantee the same having been sold to said grantee on the 26 day of December A.D., 2006, under and by virtue of a writ Execution issued on the 24th day of AU{mst, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 6155, at the suit of Mortgage Electronics Registration Systems Inc against Dale W & Angie M Stake is duly recorded in Deed Book No. 278, Page 501. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this .2(, . day of oP-c.. , A.D. 2 n(, ~;Y" RecGldIf 01 Deeda. CwnbefIInd ~. CIdIII. PA My CommlsIIo.. Expm lie FiIt MoRday 01 JIn. 2010 Recorder of Deeds j 't Mortgage Electronic Registration Systems, Inc. VS Dale W. Stake and Angie M. Stake In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-6155 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants, to wit: Dale W. Stake and Angie M. Stake, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania, to serve the within Real Estate Writ, Notice of Sale and Description according to law. Franklin County Return: Edward C. Gebhart, Sr., Deputy Sheriff, of Franklin County, Pennsylvania, who being duly sworn according to law, says, the within Notice of Sheriff Sale was served upon Angie M. Stake, the defendant, at 1607 hrs on the 19th day of October, 2006 at Franklin County Sheriffs Office, Chambersburg, P A 17201 by handing to Angie M. Stake a true and attested copy of Notice of Sheriff Sale and at the same time directing her attention to the contents thereof. Franklin County Return: William M. Kauffman, Deputy Sheriff, of Franklin County, Pennsylvania, who being duly sworn according to law, says, the within Notice of Sheriff Sale was served upon Dale W. Stake, the defendant, at 1546 hrs on the 23rd day of October, 2006 at Franklin County Sheriffs Office, Chambersburg, P A 1720 1 by handing to Angie M. Stake a true and attested copy of Notice of Sheriff Sale and at the same time directing her attention to the contents thereof. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 11,2006 at 1403 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Dale W. Stake and Angie M. Stake located at 18190 Amberson Road, Spring Run, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 6, 2006 at 10:00 o'clock A.M. He sold the same for the sum of$1.00 to attorney Daniel G. Schmieg on behalf of Fannie Mae. It being the highest bid and best price received for the same, Fannie Mae of 1900 Market Street, Suite 800, Philadelphia, PA, 19103 being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$1032.00. Sheriffs Costs: Docketing 30.00 Poundage 20.24 Posting Bills l5.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Prothonotary 1.00 Mileage 17.60 Certified Mail 9.56 Levy 15.00 Surcharge 30.00 Out of County 9.00 Franklin County 72.50 , . Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 365.00 4l1.66 15.94 25.00 39.50 $1032.00 ;::;2~~ R. Thomas Kline, Sheriff Jeed ().&- .i~o.D~ \.0 6 ~6l/16~'1ID c"<.- '* IB'1 111 . , . . . M'oRTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION DALE W. STAKE ANGIE M. STAKE NO. 2004-06155 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) 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 .101 WEST MAIN STREET. NEWBURG. P A 17240. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DALE W. STAKE 101 WEST MAIN STREET NEWBURG, P A 17240 ANGIE M. STAKE 101 WEST MAIN STREET NEWBURG, P A 17240 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None S. 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 101 WEST MAIN STREET NEWBURG, P A 17240 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. August 22. 2006 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff . , . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, CUMBERLAND COUNTY No. 2004-06155 v. DALE W. STAKE ANGIE M. STAKE Defendant(s). August 22,2006 TO: DALE W. STAKE 101 WEST MAIN STREET NEWBURG, PA 17240 ANGIE M. STAKE 101 WEST MAIN STREET NEWBURG, PA 17240 **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 . 101 WEST MAIN STREET. NEWBURG. P A 17240. is scheduled to be sold at the Sheriffs Sale on DECEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA l70l3, to enforce the court judgment of $88.346.64 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 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. l. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the 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. 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 THAT tlacl of land situate in the Borough or Newbur,y Cumberland County. Pennsylvania, bOUIlded aad described as follows: BEGINNING at a railroad spike at the Westerly edge of Water Sm:et and the NonberJy t:dge of Main Street; thence by said Main Street. South 73 degrees 52 minutc:3 West, 106.12 feet 10 au irOl1 pin at oomcr of I.atKk now or fotmedy of Charles Leitzel; thence by said lands now or formerly of Charles Lcit%el. NMI116 dcgICCl4911llnutes 16 secouds W~ Sl.49 feet to an iron pin at comer of lands now or formerly of Julia V. Bcadcr; rhoICie by said Janda now or formedy of Julia V. BeDr, North 73 degIees 19 minutes East. 106.73 feet 10 a .railroad spike at the edge of Water Street: thenf:c by Water Street, Soudl16 degrees 09 minutes East, 52.51 fett to a m1road spike. the J?lace ofbegjnni._ CONTAINING 0.127 aaes and being Tract No. 2 on a plan prepared by Richard W. Boyer of Boyer- Price SurvcyiDg. SUBJECT. HOWEVER, to the right of 1he owner of Tract No. 1 Oll lb.e aforesaid survey to use the walkway between TnctI No. 1 and 2 as shown on Rid 1IUl'\'eY, .. said right is described in Deed from Jobn L. Rinc and Ruth Y. Rine, his wife, to Julia V. Bender. dated October 11. 1974. TITLE 10 VJD PREMISES IS ~TIID TN Dale W - Stake and Angie M. Stakt, busband and wife. by Deed from Edward Lee Fcnicle Jr. and Heidi J. romicJe (formerly Heidi J. SiDger). husband and wife. dated 312212004 and recorded ~/3012004 in Deed Book 262. Page 1341. PROPERTY ADDRESS: 101 WEST MAIN SlREET, NEWBURG, P A 17240 TAX PARCEL: #24-21-0390-057 .. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-6155 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 DALE W. STAKE AND ANGIE M. STAKE (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $88,346.64 L.L. Interest FROM 3/1/05 TO 12/6/06 (pER DIEM - $14.52) -- $9,365.40 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $717.29 Plaintiff Paid Date: AUGUST 24, 2006 Other Costs (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 ~ @B ~ ~ ~ ~ Real Estate Sale # 34 On August 29,2006 the Sheriff levied upon the defendant's interest in the real property situated in Newburg Borough, Cumberland County, P A Known and numbered as 101 West Main Street, Newburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. \ Date: August 29,2006 By: Jo~S~ Real Estate Sergeant cz :[ d 8 , Z 9nv 900l .'-..T r.i\. ~;:" i! iJ '.1, _,-~,! _.,.,J!>J':JI-I$ ~,; ,'".:" '. , J:'i.l:iO . . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever smce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 2006. 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 ofthe facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. ~ PUBLICATION COpy SALE #34 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ... . . . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA SSe COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said CoUnty, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: October 20, October 27 and November 3, 2006 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. SWORN TO AND SUBSCRIBED before me this 3 day of November. 2006 NOTARI SEAl LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland CouAtf My Commission Expires March 5. 2009 REAL ESTATE SALE NO. 34 Writ No. 2004-6155 Civ1l Mortgage Electronic Registration Systems, Inc. vs. Dale W. Stake and Angie M. Stake Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT tract of land situate in the Borough of Newburg, Cum- berland County, Pennsylvania, bounded and described as follows: BEGINNING at a railroad spike at the Westerly edge of Water Street and the Northerly edge of Main Street; thence by said Main Street, South 73 degrees 52 minutes West, 106.12 feet to an iron pin at corner of lands now or formerly of Charles Leitzel; thence by said lands now or formerly of Charles Leitzel, North 16 degrees 49 minutes 16 seconds West, 51.49 feet to an iron pin at corner of lands now or formerly of Julia V. Bender; thence by said lands now or formerly of Julia V. Bender, North 73 degrees 19 min- utes East, 106.73 feet to a railroad spike at the edge of Water Street; thence by Water Street, South 16 degrees 09 minutes East, 52.51 feet to a railroad spike, the place of be- ginning. CONTAINING 0.127 acres and being Tract No.2 on a plan pre- pared by Richard W. Boyer of Boyer- Price Surveying. SUBJECT, HOWEVER, to the right of the owner of Tract No. 1 on the aforesaid survey to use the walk- way between Tracts No.1 and 2 as shown on said survey, as said right is described in Deed from John L. Rille and Ruth M. Rille, his wife, to Julia V. Bender, dated October 11, 1974. TITLE TO SAID PREMISES IS VESTED IN Dale W. Stake and Angie M. Stake, husband and wife, by Deed from Edward Lee Fenicle Jr. and Heidi J. Fenicle (formerly Heidi J. Singer), husband and wife, , dated 3/22/2004 and recorded 3/ 30/2004 in Deed Book 262, Page 1341. PROPERTY ADDRESS: 101 WEST MAIN STREET, NEWBURG, PA 17240. TAX PARCEL: #24-21-0390-057.