The URL can be used to link to this page

Home My WebLink About05-1353 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T, PHELAN, ESQ" Id No, 32227 FRANCIS S, HALLINAN, ESQ" (d, No, 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (2]5) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, V A 22102 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO, DS -IJf;..:J, CI0J;-T~ v. CUMBERLAND COUNTY GREGORY A ROWE 447 3RD STREET WEST FAIR VIEW, P A ] 7025 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days afier 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 HA VE 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 TIlA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED fEE OR NO FEE Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 file#: 113350 Fi\e#: 113350 IF THIS IS THE FIRST NOTICE TIlA T YOU HAVE RECEIVED FROM TIIIS OFFICE, BE ADVISED THA T: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 ct scq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE V ALtD. 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 OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. ], Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of leg a] 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: COUNTRYWIDE HOME LOANS, INC. 7]05 CORPORATE DRIVE PLANO, TX 75024 2, The name(s) and last known address(es) of the Defendant(s) are: GREGORY A, ROWE 447 3RD STREET WEST FAIR VIEW, P A 17025 who islare the mortgagor(s) and real owner(s) of the property hereinafter described. 3, On 0311812004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF whieh mortgage is recorded in the Offiee of the Recorder of CUMBERLAND County, in Mortgage Book No. ] 866, Page: 598. 4, The premises subjeet to said mortgage is described as attaehed, 5, The mortgage is in default because monthly payments of principal and interest upon said mortgage due 1110]12004 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 eollectible forthwith, Fik'4: 11335n 6, The following amounts are due on the mortgage: Principal Balance Interest 10/01/2004 through 03/15/2005 (Per Diem $14.10) Attorney's Fees Cumulative Late Charges 0311 8/2004 to 03115/2005 Cost of Sui I and Title Search Subtotal $59,698,29 2,340,60 1,250,00 92,28 $ 550,00 $ 63,93l.J 7 Escrow Credit Defieit Subtotal 0,00 0,00 $ 0,00 TOTAL $ 63,93 t.J 7 7, The attorney's fees set forth above are in eonformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purehaser at Sheriffs Sale, If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be eharged, 8. Notice of Intention to Foreclose as set forth in Act 6 of] 974, Notice of Homeowner's Emergency Assistance Program pursuant to Aet 91 of 1983, as amended in 1998, andlor Notice of Default as required by the mortgage doeument, 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 eonsumer credit counseling agency, or haslhave been denied assistanee 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 $ 63,93 l.l 7, together with interest from 03115/2005 at the rate of $ 14,10 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the m0!1gaged property, PHELAN HALLINAN & SCHMIEG, LLP -:~~ f /~ By: ~s/FranclS So Hallman LAWRENCE T. PHELAN, ESQUIRE FRANCtS S. HALliNAN, ESQUIRE Attorneys lor Plaintiff file #: 113350 LEGAL DESCRIPTION All thaf certain lot or piece of ground with the building and improvements thereon erected, being known as (447 3RD STREET, WEST FAIRVIEW, PA. 17025), being further deseribed on thaf certain Deed dated 03/18/2004 and recorded OS/] 8/2004 in the office of the Recorder of Deeds in CUMBERLAND County in Deed Book No, 263, Page 287, BEING known as 447 3RD 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, infornlation 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, q--~ ~; 7~' Francis S, Hallinan, Esquire Attorney for Plaintiff DATE:~ o ~ ~~~ _ -t:: \) ~ :z. __l ~ W f\v \)' CY ( ~ ::D +- r- - ---- 1~~ ..--' .,><~ +.(;-::) ~-"". '1 ""'< ..."" ,...- cr- c'~ \ ',,) ~ - SHERIFF'S RETURN - REGULAR CASE NO: 2005-01353 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS ROWE GREGORY A GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROWE GREGORY A t e DEFENDANT , at 1950:00 HOURS, on the 17th day of March 2005 at 447 3RD STREET WEST FAIRVIEW, PA 17025 by handing to GREGORY A ROWE a true and attested copy of COMPLAINT - MORT FORE together ith and at the same time directing His attention to the contents th reof, Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 11,10 ,00 10.00 .00 39,10 dL ~l'~ R. Thomas Kline 03/18/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: of me this .. PIlELAN 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 REGISTRA nON SYSTEMS, INC. 8201 GREENSBORO DRIVE, SillTE 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-1353 GREGORY A. ROWE 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 GREGORY A. ROWE and, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 3/16/05 to 5/5/05 TOTAL $63,931.17 $719,10 $64,650.27 I hereby certify that (I) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached, 1J~)j. .xl ~ DANIEL G, SCHMIEG, ESQU~ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED, DATE: 11(';:17 W,,lCDS . PHELAN HALLINAN & SCIlMIEG, LLP By: Lawrence T, Phelan, Esq" Id, No, 32227 Francis S, Hallinan, Esq" Id, No, 62695 Daniel G, Sclunieg, Esq" Id, No, 62205 Phiiadeiphia, PA 19103 (? 1 'i) )(',-7000 ATTORNEY FOR PLAINTlFE FILE COpy MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs, : CUMBERLAND COUNTY GREGORY A. ROWE Defendants : NO, 05-1353 CIVIL TERM TO: GREGORY A. ROWE 447 3RD STREET WEST FAlRVIEW, PA 17025 DATE OF NOTICE: APRH 7 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 EROM 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 DEEENSES OR OBJECTIONS TO THE CLAIMS SET FORTIl AGAINST YOU, UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS, YOU SIlOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IE YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET EORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AEFORD TO HIRE A LAWYER, THIS OEFICE MAYBE ABLE TO PROVIDE YOU WITH INEORMATiON ABOUT AGENCIES THAT MAY OEEER 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 Piaintiff 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. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-1353 GREGORY A. ROWE Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G, SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended, (b) that defendant GREGORY A. ROWE is over 18 years of age and resides at, 447 3RD STREET, WEST FAIRVIEW PA, 17025. This statement is made subject to the penalties of 18 Pa, C,S, Section 4904 relating to unsworn falsification to authorities, Jr~fi- J~ DANIEL G, SCHMIEG, ES IRE Attorney for Plaintiff t )::J 0 .Jt:;}. ..a ?f- ~ ~ () - 0 f\ ~ ..c C) r-' 0 r ~ = ~::~ c;;.:> ..., <;'..J"~ ~ -- -' ~ ~. ;1: :T1 ~ :;)'" ,ne'- (/'( .......c. ~?!\S \lJ --.:( ~ 0 ,)Ci ~ (}J 'j:"5;.; r---' ~ ?;:.":: '~?-V~!\ ~ ~\'.' .~ x r;? '-.._J -'"'"~ ";~ 0' . (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, 05-1353 GREGORY A. ROWE Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 , By: DEPUTY If you have any questions concerning this matter, please contact: ~~Jd,~~ Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST AnON 1617 JOHN F, KENNEDY BLVD" SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INEORMA nON OBTAINED WILL BE USED EOR THAT PURPOSE, IE YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAfEIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENEORCEMENT OF A LIEN AGAINST PROPERTY," , " (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3I83 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. Plaintiff, v. No. 05-1353 GREGORY A. ROWE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $64,650,27 Interest from 5/5/05 to SEPTEMBER 7, 2005 (per diem -$10,63) $1,328,02 and Costs TOTAL $65,979,02 ;fJ~-1J'A~ DANIEL G, SCHMIEG, ESQ One Penn Center at Suburban Station 1617 John F, Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach deseription 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. I() "" o t"- .... ~ ~ ~ ~ ~ ~ ~ 00 ~~ ~ "-< . ,~ ~ "'a I-'l ',g ~ C:xJ ~ ~ '\:B rJ1 ~i ~ '\ 0 t"- ~I~ : '\ ~ ~ ;g -<t: Z S ~ ;;;l U I-'l-a; X... I-'l a ~-% o " ~ ... ~~ ~~ ,,~ O'g ~ 1-'l6 e: u ~ ~ < ~.... O~ ~~ ~?;; ~z Zz o~ ~;; O~ uZ ~S Ou ~~ ;;;l~ 8; ~I-'l =~ ~~ Z;;J ....u i3 t '" '" .D 1;- S u u~ .... . Zoo ~~ ~~ ut; ~?;; ~z tSS ~~ ~~ o~ ~o ~ ~ ~ ~ ~ ~ o o ~ o '" il g. p. '" il ~ ,;, ;> --d 1 D -t 'CJ. 3 uJ -n ~ i 0L -d '" - ii: ~ '::: - - - - "t, - .:: :::. .j ()- - Q-1 c)' r+- I I \ ~ ..{ ~ () () ';j ~ () () '0 0 l/l -- - lJ) (j ~ ~& \l - lrlo- ~ . -- --('I) --- ~ ~ """?- -C.a- \..0' b; ~ 4. (}o l';-~ J-... M "- <:' :::r- If) IU" co fV) ~~ ~& u ._,T \/2 ~;~_, ~ f!'~_'t_'; C),(;. ,.i.C-- ;:d,;"'>'- :::'.:: \tl}~ \=- ~, c;::::.> u- c;;:> o 0;,;....... o - .;.') [J 1 ... l..e281 DeKMOtlon: tAli :Iohowa on MOI'11m2e) ALL THAT CERTAIN LOT OR PIECE OF GROUND SITliA TE IN THE BOROIIGH OF WEST FAIRV/EW, NOW TilE TOWNSHfP OF EAST PENNSBORO. cur,mERLANI> COUNTY. P!\NNSYLV ANlA. BOUNDED AND DESCRIBED IN ACCORDANCE WITH A SURVEY AND PLAN THEREOF MADE BY ERNEST J, WALKER. PROFESSIONAL ENGINEER, DATED JUL \' 11, 196i, AS FOLLOWS, BEGINNING AT TIfE INTERSECTION Of THE I'ORTIlEASTERN LINE OF TlURl} STREET AND TilE SOVTIJEASTERN LlNI: OF LOCUST STREIT; THENCE ALONG LOCUST STREET NORTH liS D"GIlEES 55 MINUTES EAST 116 FIlET TO TIlll smJTHWESTERN LINK OF AN ALLEV, THENCE ALONG SAID ALLEY SOlrrH 34 DEGREES 55 MINUTES EAST 32.13 FEET '10 A POST AT A CORNER OF LAND NOW 011 LA 1ll OF FRAIIK WAGNER, TIIENCE ALONG SAID LAND SOUTlI 51 DEGREES WF.8T t" FEET TO AN IRON PIN ON TIJE NORTHEASTERN LINE OF THIRD STREET, THENCE ALONG TIlE SAME NORTH 33 DEGREES WEST:RJ FEET TO TIfE POINT AND PLACE OF BEGINNING. VKtinQ lnlorm.at.lon: Vested by: Admlnl$trator's Warrant)" lJc'ed dated 3/18104 , given by Janice P. Homer, Admioi$tnurU of Oat Elt.te or Vlralnla C. Rowe alkJil Vif-tinlii Ro\o\o"'e to Greg A. Ro,,"e reeorOOd S/18lO4 in Book: 163 Page 281 PREMISES BEING: 447 3RD STREET, WEST FAIRVIEW, PA 17025 WRIT OF EXECUTION and/or ATTACIlMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1353 Civil CIVIL ACTION - LAW TO THE SHERIFf OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC., Plaintiff (,) From GREGORY A. ROWE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to allach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: Ca) an allachment 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 ievied upon an subject to allachment 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 $64,650.27 L.L. $.50 Interest FROM 5/5/05 TO 9/7/05 (PER DIEM - $10.63) - $1,328.02 AND COSTS Ally's Comm % Due Prothy $1.00 Ally Paid $121.10 Plaintiff Paid Date: MAY 10, 2005 Other Costs CURTIS R. LONG (Seal) ProthA: p ~ --..13v: IV>J' , '1?/7/'[~ Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPIlIA, PA 19103-1814 A llorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No, 62205 .,. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION GREGORY A. ROWE NO. 05-1353 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No, 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., Plaintiff in the above action, by its attorney, DANIEL G, SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following infol1l1ation concerning the real property located at .447 3RD STREET. WEST FAIRVIEW, PA 17025. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GREGORY A. ROWE 447 3RD STREET WEST FAlRVIEW PA, 17025 2, Name and address of Defendant(s) in the judgment: Same as above 3, Name and last known address of every judgment creditor whose judgment is a record lien 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 indieate) 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 447 3RD STREET WEST FAIRVIEW, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of18 Pa, C.S, Sec, 4904 relating to unsworn falsifieation to authorities, Mav 5,2005 DATE DANIEL G, SCHMIEG, ES DIRE Attorney for Plaintiff (") c~ ....> = (:'::~, c.n o 'T1 --1 :;r:-n \11 ~"~ :~;;~ :::~~. tr1 o ~'~ en -",.) 0' ,cD :...:~ PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION GREGORY A. ROWE NO. 05-1353 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: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certifieation is made subject to the penalties of 18 Pa, C.S, Section 4904 relating to unsworn falsi fication to authorities, r~jJJ1(~ DANIEL G, SCHMIEG, ES UIRE Attorney for Plaintiff ~ c::> C,,-l - s:'~_ -'., ." -) ~ 9...,...\ \'i'E, ~\~ \':1 --,)'-:- .::::,(") .".", .-1"": ;~~<\ '.---'; o (';" '" ~:?3.:, .- CJ'" -------- , ELECTRONIC REGISTRATION ')c. CUMBERLAND COUNTY Plaintiff, No. 05-1353 \, ROWE Defendant(s). May 5, 2005 j,;GORY A. ROWE ',I 3RD STREET ,FST FAIRVIEW PA, 17025 .' 'S FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION 'II BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN " AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ." 7'0 COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** I IT house (real estate) at, 447 3RD STREET, WEST FAIRVIEW, PA 17025, is scheduled " the Sheriffs Sale on SEPTEMBER 7, 2005 at 10:00 a,m, in the Cumberland County South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $64,650.27 \-IORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, (the mortgagee) In the event the sale is continued, an announcement will be made at said sale in compliance , "f C.P" Rule 3129.3, NOTICE OF OWNER'S RIGHTS , , , QE ABLE TO PREVENT THIS SHERIFF'S SALE prevent this Sheriff's Sale, you must take immediate action: 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. ) You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if Ihe judgmenl was improperly entered, You may also ask the Court to postpone the sale for good eause, 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 obtam an attorney,) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERlFF'S SALE DOES TAKE PLACE. I, If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000, 2, You may be able to petilion 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, Ifthe amount due from Ihe 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 ALA WYER 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 sole 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 / t 1..e2al De5ttipDon: (AI show. on. MOI'1U2~_~ ALL THAT CERTAIN LOT OR PIECE OF GROUND SlTIlATE IN TIIJ! BQROUGH OF WEST FAIRVIEW. NOW THE TOWNSHIl' OF EAST PENNSBORO, CUl\IIlERLAND COUNTY. PENNSYLVA.iIlIA. "OUNDW AND Dl!:SCRIUED IN ACCORDANCE WITII A SURVEY A"D PLA.~ THEREOF MADE BY ERNEST J, WALKER. PROFESSIONAL F.NCINJlI!R, DA TED JULY 11, 1%8, AS FOnOWS, BEGINNING AT TIfE II'ITERSECTlON OF THE NORTHEASTERN LINE OF TalRD STREET AND TRE SOUTlIEASTERN LINE OF LOCUST STREET, TJlENCE ALONG LOCUST STREET NORTH .5 DEGREES 55 MINUTES EAST 116 FEEl' TO 'fHE SOUTllWESTERN LlNI!: OF AN ALLEY; TIIVICE ALONG SAID ALLEY SmITH 34 DEGREES 55 MII'UTES EAST 3],13 FEET TO A POST AT A CORNER OF LAND NOW OR LATE OF FRANK WAGNER; TIIENCE ALONG SAID LAND SOunl 51 DEGREES WEST U1 FEn TO AN IRON PIN 0:>1 TilE NORTHEASTERN UNE OF THIRD STREET, TIIENCE ALONG THE SAME NORTII )J DEGREES WEST 10 nET TO THE POINT ANn PLACE OF llEGINl<ING, VMtmo Informadoh: Vested by: AdnllnlstrJtor', Warnmy Drec.t dated3/18104 ~ given by Jan~ P. HulDt'l', Adumlstra.ru oftke Elta" of Vlrtinla C. Rowt' alkll\ Virginia Row't 10 Grrog A. Rowe- rttordcd 5""l/04 in Book; U3 Page 2:Il7 PREMISES BEING: 447 3RD STREET, WEST F AIRVIEW, P A 17025 ,,' ~:::s t;J1 - ~"",.." - o ? ~ :.\';: o -n ---\ *T:-n r~,1 f~~ -':1''-'1 '~.;l'S~ ~\il\ :3: <;? 0' . AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY PIT No. 05- 1353 DEFENDANT(S) GREGORY A. ROWE ACCT. #51302809 SERVE GREGORY A. ROWE AT 447 3RD STREET WEST FAIRVIEW PA, 17025 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 7,2005 Served and made known toC-.e~{(..1 at7'fl ,o'clockfm,at 117 SERVED Ii ~, ~ w ..... , Defendant, on the / / ;3.....l. 5\!-. Wes~ Fa:qtlli.,v.:> day of jV( ~f ,200_4 I , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served, ( \ =::.t=Aduit famiiy member with whom Defendant(s) reside(s), Name and Relationship is <:. '0 Uj lA~~ IC- . Aduit in charge of Defendant(s)'s residence who refused to give name or relationship, I ' to J. s ~1 Kow ~ Manager/Clerk of place ofIodging in which Defendant(s) reside(s), ;-1 Agent or person in charge ofDefendant(s)'s office or usual place of business, an officer of said Defendant(s)'s company, '''5 10, 1 I' ~, { C 'fJ..; ....\~s(":5 Description: Age -I-f-L Height ~ Weight (" () Race w,^ Sex ~ Other J I, C\ ""~....c-..... \...' C?1l.~(, ?:~ompetent aduit, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Other: Sworn to and subscriQ~d before me this ~ t'a9 of v.~ Nota;y: . W-Q,d;,. --(j ,:t(;t'" . PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE D ~ EsJ TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of ,200_, at o'clock _,m" Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - J.D. No. 62205 ---'"- - ~, ,\ . , c~; - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ) CIVIL ACTION ) vs, GREGORY A, ROWE ) CIVIL DIVISION ) NO, 05-1353 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. hereby verify that on 5/6/05 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "An attached hereto, DATE: August 2. 2005 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION GREGORY A. ROWE NO. 05-1353 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 ,447 3RD STREET, WEST FAIRVIEW, PA 17025. L Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably asceltained, please indicate) GREGORY A. ROWE 447 3RD STREET WEST FAlRVIEW PA, 17025 2, Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien 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 plaintiJIhas knowledge who has any interest in the property which may be affected by the sale: Name Last Known JI,ddress (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 447 3RD STREET WEST FAIRVIEW, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commouwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, I'A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief, I understand that false statements herein are made subjeet to the penalties ofl8 Pa, C.S, Sec, 4904 relating to unsworn falsification to authorities. May 5. 200S DATE 1Y~JI~~ DANIEL G. SCHMIEG, ES UIRE Attorney for Plaintiff ~" ~' E- o z ~\ ll.. ~8., If " ~ - <ft - .... '!I" gE <'z ;~ 6'~ o 0 o~. ~a . 0 ~ (;1 o ~ ?> '6 ~ tTi ,iil' i5'~ '!~ ~ z ~ '< ~ . s:. ~ '" ~ e;....g..5"'""' 8g'tl.~ ~ , '-log '" VlS"Ol=: ~ ~ ~ go ~il,,~~ ~)<i.a O".;! ~ ;' g g. N ......,0:::1 _ _,.... -. 0 :;;l'v>;:l ...., ~~gg~ ;r~i<J! \1 E<q 'is 0 ..-. ~."tl"& ~~ o ~ ~_.<:l. ~ ~ g ~~. ~ti"~g~ ~:';ii~g ;Jt->n;:le. "'i~ii S'~.~ " "a a mo' ~'li a ~ S'~ $" Cl-o.~~ '2 n !!!. G _. B ;: ,::. ~." g g g"" ~ '" ii~~. 'S-n-riff ~ggz. nit o g oj ~ ~~.,.- g~!i il . ~ ~ ~. ~~~.~. n~~ Hd ~~ 8'\l ~~~~ ~ur'l:;l ~ ~ .... e. g ~ '{"~~ "'J il,~ "~~9._'~ t", ". '. \"~~'!'" . '-. - w - N - - - o '" '>' ---! '" <ft .... v.> N - ,- ~. g ~ cr iO z c: 3 cr (II ~ ~ 2 g I ~ 6 ~ ~ ~ ~ ~ t :>> @ ~ ~ ~ ~ ~ ~ Tn ! .;.. '"tl ,,~ ~ ~ ~ ~ i J ~ ~ \ m ~ ~ i ~ ~ ~ ~ 8 ~ ~ ~ ;$ !Q .:< ~ "4 :;:; . 0 'Z "" '" 0 :>> ~ ~ :::4 \'l :0:: S ~ ~ <ft ~ 0 "" ;a ~ ';d ~ ~ ~ ~ ~ ~ '" '" Ol t;; ~ """ .P )> "" )> ::; - o <ft o:>>'Z ...,1>-'" \{'~~ = ~ '" ~~=' .. I>- >-0_0>-0 ;r.~1l::I: [-1.-of!l i~g~ "'>-rjn~ . ' g >-0:>::- :>>gg,- c.::. S '" !OJ _(Il'-+z. o~~~ !~'[?r ~g.~tJ) ...~::> n ~2\W~ 5.. p.. ::to .. 0 .. '" '" Cl ~" " \J.....' - 8 ~ ~ "" _ ,- ~ J::>. i-d .. g , ; - ---! o - w .. ~ "jl~'i': .' :.;.r,i,,,'tv~ ,.:jJ r:.~'i p ~;~.r """L~""t4U~ ~...' '7.l'.~ ........J.WJ':I'..~~ ., or. p: ~l ~.::;,.t.: c j?l.:- t$-~POs~ r;,"" ."'" lif;,/,; .~~ I :i ~~roftl:'1~ 02 1A $ 00.900 ll0043003 11 MAY 06 2005 MAILED FROM ZIP CODE 1 91 03 (") ,..", <= ~ C <::> :;:'"10" "'" -C} (,G - :i' ~(r; c:: C") ~~ ~;~ I ~. \0 ,<::G ~~::l{ .;e;c, ::> zc' :x 0- 2:0 ~c ()m Z ..-< =< <J1 ~ N -< : . 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 Cwabs 2004- Tr is the grantee the same having been sold to said grantee on the 7th day of Sept AD" 2005, under and by virtue of a writ Execution issued on the 10th day of May, A.D" 2005, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 1353, at the suit of Mortgage Elec Reg Systems Inc against Gregory A Rowe is duly recorded in Sheriffs Deed Book No, 271, Page 2964, IN TESTIMONY WHEREOF, I have hereunto set my hand .---#! and seal of said office this , II v day of (ydiu. wd", /'lc0 ' i . Recorder of Deeds - "'DoedI,~COUl\lY,CoI\IOIo,"" ccmmIBIIan Elqllroo Ihe FlIIl Mondilr of Jln.1lllOI . Mortgage Electronic Registration Systems, Inc, VS Gregory A Rowe The Court of Common Pleas of Cumberland County, Pennsylvania Writ No, 2005-1353 Civil Term Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on May 19,2005 at 6:13 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Gregory A, Rowe, by making known unto Gregory Rowe, personally, at 447 3rd Street, West Fairview, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same, Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on July 13,2005 at 4:09 o'clock P,M., he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Gregory A Rowe, located at 447 3rd Street, West Fairview, Pennsylvania, according to law, R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Gregory A Rowe, by regular mail to his last known address of 447 3rd Street, West Fairview, P A 17025, This letter was mailed under the date of July 05, 2005 and never returned to the Sheriffs Office, R, Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 7, 2005 at 10:00 o'clock AM, He sold the same for the sum of $1.00 to Attorney Daniel Schmieg for Bank of New York, as Trustee for the Certificate Holders ofCW ABS 2004-5, It being the highest bid and best price received for the same, Bank of New York, as Trustee for the Certificate Holders of CW ABS 2004- 5 of7105 Corporate Drive, Piano, TX 75024, being the buyer in this execution, paid to SheriffR, Thomas Kline the sum of$826,76, Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary $30,00 16.21 15,00 15,00 30,00 10.00 ,50 1.00 . Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $ 24,00 2,12 15,00 20,00 305,00 258,23 18.20 25,00 41.50 826,76 Sworn and subscribed to before me This L day of ~.L.-. 2005, AD. ~~ ,/ Proth p~~ R. Thomas Kline, Sheriff BY jo~~Stv\.d .~ Real Estate ergeant I"-"V Lru {,Ptc J01 1i~1:> ~ 1'-. . ~)I.sn J~' 1'707:31 -# . ELECTRONIC REGISTRATION i''''iC. CUMBERLAND COUNTY Plaintiff, r COURT OF COMMON PLEAS CIVIL DIVISION . ROWE NO. 05-1353 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No, 1) \,iE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, t DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the dafe the Praecipe for the Writ of 'as filed the following information concerning the real property located at ,447 3RD WEST FAIRVIEW, PA 17025. "C address ofOwner(s) or reputed Owner(s): ~ Last Known Address (if address cannot be reasonably ascertained, please indicate) c ,rr:v A. ROWE 447 3RD STREET WEST F AIRVIEW P A, 17025 2 ',nd address of Defendant(s) in the judgment: S. . ,'bove "'111 3 pt 'nd last known address of every judgment creditor whose judgment is a record lien o' " i be sold: 1\ Last Known Address (if address cann, reasonably ascertained, please indice en , , .. '~~' ( ',' ofJ N \ - ,!QQJ. j ,- , .: address of last recorded holder of every mortgage of record: , Last Known Address (if address cannot be reasonably ascertained, please indicate) 1 address of every other person who has any record lien on the property: Last Known Address (if address cannot be reasonably ascertained, please indicate) ,,:ld address of every other person who has any record interest in the property and whose .. he affected by the sale, Last Known Address (if address cannot be reasonably ascertained, please indicate) , and address of every other person of whom the plaintiff has knowledge who has any interest in "fly which may be affected by the sale: Last Known Address (if address cannot be reasonably ascertained, please indicate) II J;'j:upant 447 3RD STREET WEST FAIRVIEW, PA 17025 .' Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 'n.; wealth of Pennsylvania ; '-'cnt of Welfare PO Box 2675 Harrisburg, PA 17105 crify that the statements made in this affidavit are true and correct to the best of my personal , : '. ',; or information and belief. I understand that false statements herein are made subject to the " of 18 Pa, C,S, Sec, 4904 relating to unsworn falsification to authorities, " ,,(L05 ~~Jj.~r~ DANIEL G, SCHMIE~~ Attorney for Plaintiff , , MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, No. 05-1353 v. GREGORY A. ROWE Defendant( s). May 5, 2005 TO: GREGORY A. ROWE 447 3RD STREET WEST FAIRVIEW PA, 17025 **THIS FIRM IS A DEBT COLLECTOR A TTEMPTlNG TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THA T PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY ** Your house (real estate) at, 447 3RD STREET, WEST FAIRVIEW, PA 17025, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7,2005 at 10:00 a,m, in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $64,650.27 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa,Rc'P" Rule 3129.3, NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: L The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due, To find out how much you must pay, you may call: (215) 563-7000. 2, You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, ifthejudgment was improperly entered, You may also ask the Court to postpone the sale for good cause, 3, You may also be able to stop the sale through other legal proceedings, .' ,. You may need an attorney to assert your rights, The sooner you contact one, the more chance you will have of stopping the sale, (See notice on page two on how to obtain an attorney,) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I, Ifthe 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 sehedule 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 baek, if you act immediately after the sale, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER 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 , .'p..ftOn: cAs showw-nl\. Mortft1!r\ CERTAIN LOT OR PIECE OF GROUND SITUATE IN THE BOROUGH OF WEST FAIRVILW, NOW THE OF EAST PENNSBORO, CUMBERLAND COUNTY, Pr.NNSYLVAl'ilA, BOUNDED AND IlIiSCRIBEll IN .,'CE WITII A SURVE" MID PLN~ THEREOF MAIlt; BY ERNEST J. WALKER, PROFESSIONAL "", DATED JULY 11,1%1, AS roLLOWS: .r; AT TIfE INTI!RSECTlON OF TIlE NORTHEASTERN LINE OF TIjIHO STREET AND THE , >'TERN LINE OF LOCUST STREET, TDENCE ALONG LOCUST STREET NORTH 65 D"GlIEES 55 ,. ,AST J 16 FEET TO TOE SOU'J'I/WESTERN LINE OF AN ALLEY, T!lENCE ALONG SAID ALLEY SOurH "I.'S 55 MINUTES EAST ~2.l3 FEET 1'0 A POST AT A CORNER OF LAND NOW OR LATE OF FRANK x, n1ENCE ALONG SAID LAND SOUTll 57 DEGREES WEST 117 FEET TO AN IRON PIN ON TIlE ': \SIERN LINE OF TIIlRDSTREET, TIIENCE A~G TIlE SAME NORTlI13 DEGnnS WEST 30 FEET TO T AND PLACE OF 8WII'NING. .n !Jlormllltlon: 1 : Adnt!nIlCreter" Warn.ncy Dud dated 3/1&104 ~ gWen by Jn~ P. Homer~ MnUoistrahi~ or flat ElI.,e of Vlralnla " :llkllI Virginia Rowe \0 Gng A. ROl\'r recorded 5111Y04 in Book; 263 Page U1 :lSES BEING: 447 3RD STREET, WEST FAlRVIEW, PA 17025 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) , NO 05-1353 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 GREGORY A. ROWE (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 ofthe 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 helshe has been added as a garnishee and is enjoined as above stated, Amount Due $64,650.27 1. 1. $.50 Interest FROM 515/05 TO 9/7/05 (PER DIEM - $10.63) - $1,328.02 AND COSTS Atty's Comrn % Due Prothy $1.00 Atty Paid $121.10 Other Costs Plaintiff Paid Date: MAY 10, 2005 CURTIS R. LONG (Seal) prothoz Z@ .. ~y: rJ/1 '" _ p' , /?/2/L / 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 Real Estate Sale #41 On May 16, 2005 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, P A Known and numbered as 447 3rd Street, West Fairview, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 16,2005 By: Ju d-LvJ wu...tL- Real Estafe Deputy ~ c~-;;j ":::.J iJ j1}.,j~~7 Z \ :[ CI U \ \ :.' :i\ /, .' THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No, 587, Approved May 16, 1929 Commonwealth ofPennsyivania, County of Dauphin} 5S 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 Commonweaith of Pennsylvania, with its principal office and piace 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 8 I 8 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their reguiar daily and/or Sunday/ Metro editions which appeared on the 19th and 26th day(s) of Juiy and the 2nd day(s) of August 2005, That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and PUBLICATION COPY SALE #41 NOTARY PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFES 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 258,23 REAL ESTATE SALE No. 41 _ No. 2005-1353 CtvllTenn Mortgage ElocIn>nlc Regl_ Sy_. Inc. Va Gregory A. Rowe Atty: Daniel Sclunleg DESCRIPTION AIL TIIAT CERTAIN lot '" piece of ground __indleJlorou!hofY/<stFairview,nowllle ~~~~~ r ..' ...... ....... .. ..\......., ..,.-- .., _I, -"'-IlIIP-.- lu\Y22, 1968,asfuU""" , JlEGlNNlNG at \he inter.section of ~ Northeastern line of Third Street and * _lineofLocostS_dlenooaloog Locust Street Nocth 65 ~ ss _ East 1I6 f<<t to die SOUlbwesrem !ine of an alley; thence along said alley. South 34 degrees .55 minutes East 32.13 feet to a po& at a corner of JandnowOl'lateofFtankWagoer;dlenooaloog laid land Soo1h 51 ~Wesll11 feet to an iron pin on the Southeastern line,of Third Street; llIe... along the ..... NIX1h 33 degreos _ 3Q feet to \be point andp\ace ofBEGJNNlN(), v_ by:_'. WamoJIy Deeddaled 311&1)4, give. by Janice p, Hamer,Ad-miuimatix of the Estate of Vl1'gi1Ua C. :Rowe aNa Vqinla Rowe to Greg A, R.owe recorded 5/J8,.{)4 in Book 26J Page 287, PREMISES being: 447 Third Street, Wesl FainIiew,PAl7I)25. . '" . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No, 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Joumal on the following dates, VIZ: July IS, 22, 29, 2005 Affiant further deposes that he is authorized to verify this statement by the Curnberland 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, i IU~ ditor o AND SUBSCRIBED before me this day of Julv, 2005 sw NOTARI L SEAL LOIS E. SNYDER, Notary Public Carlisle BolO, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO, 41 Writ No. 2005-1315 Civil Mortgage Electronic Registration Systems. Inc. VS, Gregory A. Rowe Aity,: Daniel Schmieg Legal Description: (As shown on Mortgage) ALL TI-lAT CERTAIN lot or piece of ground situate in the Borough of West Fa1rview. now the Township of East Pennsboro. Cumberland County, Pennsylvania. bounded and described in accordance with a sur~ vcy and plan thereof made by Emest J. Walker, Professional Engineer. dated July 22, 1968, as follows: BEGINNING at the intersection of the northeastern line of Third Street and the southeastem line of Locust Street; thence along Locust Street North 65 degrees 55 minutes East 116 feet to the southwestern line of an alley; thence along said alley South 34 degrees 55 minutes East 32.13 feet to a post at a cor~ ner of land now or late of Frank Wagner; thence along said land South 57 degrees West 117 feet to an iron pin on the northeastem line of Third Street; thence along the same North 33 degrees West 30 feet to the point and place of beginning. Vesting Information: Vested by: Administrator's War- ranty Deed dated 3/18/04. given by Janice P. Homer. Administratrix of the Estate of Virginia C. Rowe. a/k/a VIrginia Rowe to Greg A. Rowe recorded 5/18/04 in Book: 263, Page 287, PREMISES BEING: 447 3RD STREET, WEST FAIRVIEW, PA 17025,