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HomeMy WebLinkAbout05-2193PHELAN 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 V. Plaintiff, SUSAN MURPHY LONG STEPHEN MICHAEL LONG Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-2193-CIVIL 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 SUSAN MURPHY LONG and STEPHEN MICHAEL LONG, Defendant(s) for failure to file an Answer to Plaintiffs Amended 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 Amended Complaint $74,232.14 Interest from 4/23/05 to 12/13/05 $3,954.60 TOTAL $78,186.74 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. Ut DANIEL G. SCHMIEG, UIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: bP_ C. 6 0?©0 > PROP OTHY PHELAN HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION : COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff Vs. SUSAN MURPHY LONG STEPHEN MICHAEL LONG Defendants TO: SUSAN MURPHY LONG 142 15TH STREET, UNIT B NEW CUMBERLAND, PA 17070 DATE OF NOTICE: OCTOBER 12 2005 CIVIL DIVISION CUMBERLAND COUNTY NO. 05-2193-CIVIL 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 MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE. CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE A CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET v CARLISLE, PA 17013 (800)990-9108 CC: Kenneth A. Wise, Esquire FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION : COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff Vs. SUSAN MURPHY LONG STEPHEN MICHAEL LONG Defendants TO: STEPHEN MICHAEL LONG 142 15TH STREET, UNIT B NEW CUMBERLAND, PA 17070 DATE OF NOTICE: OCTOBER 12 2005 CIVIL DIVISION CUMBERLAND COUNTY NO. 05-2193-CIVIL 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 MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE A CUMBERLAND COUNTY BAR ASSOCIATION 0 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 cc: Kenneth A. Wise, Esquire ?Rr\ 9? S. HALLINAN, ESQUIRE homeys for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY 8201 GREENSBORO DRIVE, SUITE 350 COURT OF COMMON PLEAS Plaintiff, V. SUSAN MURPHY LONG STEPHEN MICHAEL LONG Defendant(s). CIVIL DIVISION NO. 05-2193-CIVIL Notice is given that a Judgment in the above-captioned matter has been entered against you on Lkz_ I.3 2005. By:- aa A%/ DEPUTY If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, EQQ TIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 Plaintiff, v. SUSAN MURPHY LONG STEPHEN MICHAEL LONG Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-2193-CIVIL 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 SUSAN MURPHY LONG is over 18 years of age and resides at 142 15TH STREET, UNIT B, NEW CUMBERLAND, PA 17070. (c) that defendant STEPHEN MICHAEL LONG is over 18 years of age, and resides at 142 15TH STREET, UNIT B, NEW CUMBERLAND, PA 17070. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DANIEL G. SCHMIEG, ES Attorney for Plaintiff DESCRIPTION ALL THAT CERTAIN unit in the property known, named and identified in the Declaration referred to below as "Cumberland Crossings Condominium" as recorded in Plan Book 55, Page 43, located in the Borough of New Cumberland, Cumberland County, Pennsylvania, which has heretofore been submitted pursuant to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. C.S. 3101 by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration dated March 1, 1988, and recorded March 25, 1988, in Miscellaneous Book 347, Page 1111 and amendments recorded in Miscellaneous Books 348-120, 348-458, and 553-825, as the same shall be amended from time to time, being and designated in such Declaration, as the same is amended from time to time, as Unit No. 2, also known as 142-13, as more fully described in said Declaration, as the same may be amended from time to time, together with a proportionate undivided interest in the Common Elements (as defined in said Declaration) of 12.5%. Francis R. Miller, Jr., and Keith E. Peifer, the developers, reserve the right, in accordance with said Declaration, to reduce and reallocate Grantees' proportionate, undivided interest in the Common Elements as provided in the Declaration, as the same may be amended from time to time. TITLE TO SAID PREMISES IS VESTED IN Stephen Michael Long and Susan Murphy Long, husband and wife by Deed from James T. Mardis and Cora I. Mardis, husband and wife, dated 5/20/02 and recorded 5/24/02, in Deed Book 251, Page 4267. PREMISES BEING: 142 15TH STREET, UNIT B, NEW CUMBERLAND, PA 17070 ?_, __ , ?;?, ?- - ?. - -,C ??._ C-y .. ? ? .? -`C'-' ?_ __ __.._ ,? f- ? v ?? ?? Ly .. ? li ??? +? ? ?_? ?. (. ? . l?` ?^ ? _ ' '?? -?'- 1 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE 1'. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff vs. SUSAN MURPHY LONG STEPHEN MICHAEL LONG 142 15TH STREET, UNIT B NEW CUMBERLAND, PA 17070 Defendants ATTORNEY FOR COURT OF COMMON CIVIL DIVISION TERM NO. l>S - J K3 CUMBERLAND COUNTY 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 at 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 yor fail to do so the case may proceed without you and a judgment may be entered against you by tl court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICI TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 F& 8. 113168 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File# 113[68 Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal 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: EVERHOME MORTGAGE COMPANY 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 2. The name(s) and last known address(es) of the Defendant(s) are: SUSAN MURPHY LONG S'T'EPHEN MICHAEL LONG 142 15TH STREET, UNIT B NEW CUMBERLAND, PA 17070 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 05/20/2002 mortgagor(s) made, executed and delivered a mortgage upon the prer hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1759, Page: 4409. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2004 and each month thereafter are due and unpaid, and by the term: 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. Filc q: (13158 6. The following amounts are due on the mortgage: Principal Balance $68,51&98 Interest 3,954,60 09/01/2004 through 04/22/2005 (Per Diem $16.90) Attorney's Fees 1,250.00 Cumulative Late Charges 56.32 05/20/2002 to 04/22/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 74,329.90 Escrow Credit 97.76 Deficit 0.00 Subtotal $- 97.76 TOTAL $ 74,232.14 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 Sherit Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention 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 t( 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. 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 o1 $ 74,232.14, together with interest from 04/22/2005 at the rate of $16.90 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. PHELAN H _ 5CHMIEG, LLP?0- By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff rile, 113168 ALL TEAT CERTAIN unit in the property known, named and identified n the Declaration referred to below as "Cumberland Crossings Condominium" as recorded in Plan nook 55, Page 43, located in the Borough of New Cumberland, Cumberland County, Pennsylvania, which as heretofore been submitted pursuant to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. C.S. 3101 by the recording in the Office of the Recorder of Deeds of Cumberland Cou y of a Declaration dated March 1, 1988, and recorded March 25, 1988, 'n Miscellaneous nook 341, Page 1111, and amendments recorded in Miscellaneous Books 348-120, 348=458, and 553-825, as the same shal be amended from time to time, being and designated in such Declaration, as the same is amended from time to time, as Unit No. also known as 142-8, as more fully described in said Declaration, a the same may be amended from time to time, together with a proportionate undivided interest in the Common Elements (as defined in said Declaration) of 12.5%. Francis R. Miller, Jr., and Keith E. Peifer, the developers, reserve the right, in accordance with said Declaration, to reduce and reallocate Grantees' proportionate, undivided interest in the Common Elements as provided in the Declaration, as the same may be amended from time to time. BEING the same premises which Thomas F. Lamb and Barbara Lamb, hush and wife, by their deed dated February 28, 1994, and recorded March 1994, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 102, Page 480, granted and conve unto James T. Mardis and Cora I. Mardis, husband and wife, Grantors herein. PROPERTY BEING: 142 15TH STREET UNIT B 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 unworn falsifications to authorities. Francis S. Hallman, Esquire Attorney for Plaintiff DATE: W ?o IZA) .? CIO ?r rat ?, 7,1. ? t.? h G ray N SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-02193 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS LONG SUSAN MURPHY ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT LONG SUSAN MURPHY but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , LONG SUSAN MURPHY 142 15TH STREET UNIT B NEW CUMBERLAND, PA 1707 DEFENDANT IS OWNER, BUT DOES NOT LIVE THERE. HAS A PO BOX IN HARRISBURG. PHONE # 329-6795 AND 612-9613. Sheriff's Costs: So answe.O?-- Docketing 18.00 ' -- Service 13.32 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 46.32 PHELAN HALLINAN SCHMIEG 05/17/2005 Sworn and subscribed to before me 4t this db ? day of yl?a 7vv j A.D. Protnohotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-02193 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS SUSAN MURPHY ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT LONG STEPHEN MICHAEL but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT LONG STEPHEN MICHAEL 142 15TH STREET UNIT B NEW CUMBERLAND, PA 17070 DEFENDANT IS OWNER BUT DOES NOT LIVE THERE. HAS A PO BOX IN HARRISBURG. PHONE # 329-6795 AND 612-9613. Sheriff's Costs: So answers: Docketing 6.00 Service 00 Affidavit 5.00 R. Thomas Kli Surcharge 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 05/17/2005 Sworn and subscribed to before me this w a3 ? day of ?f1t?j A. D. Profhbnotary PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 ATTORNEY FOR PLAINTIFF (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County vs. SUSAN MURPHY LONG STEPHEN MICHAEL LONG No. 05-2193-CIVIL Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN r&DSCHMIIEG, LLP By: FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: June 17.2005 1mmt, Svc Dept. File# 113168 _ t r..__ rTi N ? N '_; C Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Mortgage Electronic Registration Systems, hic. VS. Susan Murphy Long Stephen Michael Long COURT OF COMMON PLEAS CIVIL DIVISION Cumberland COUNTY NO.05 2193-Civil MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, L.L,P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendants, Susan Murphy Long and Stephen Michael Long, by first class mail and certified mail to the last known address and mortgaged premises, located at 142 15th Street, Unit B, New Cumberland, PA 17070, and in support thereof avers the following: 1. Attempts to serve Defendants, Susan Murphy Long and Stephen Michael Long, with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendants at the mortgaged premises, 142 15th Street, Unit B, New Cumberland, PA 17070. As indicated by the Sheriffs Return of Service attached hereto as ]Exhibit "A", defendant does not live at the property anymore, and has a P.O. Box in Harrisburg, PA. The plaintiff also conducted reverse lookups attempting to search the phone numbers provided by the Sheriff, but was unable to come up with any addresses that matched the phone number. 2. The Plaintiff attempted to serve the Defendants at the last known address, 1519 Carlisle Road, Camp Hill, PA 17011. As indicated by the Return of Service attached hereto as Exhibit "B", the defendants have a P.O. Box address in Harrisburg., PA. However, plaintiff has been unable to locate a physical address in Harrisburg, PA. 3.. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendants. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "C". 4. Plaintiff has reviewed its internal records and has not been contacted by the Defendants as of July 13, 2005 to bring loan current. 5. Plaintiff submits that it has made a good faith effort to locate the defendants, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by 1:irst class mail and certified mail. Respectfully submitted, Phelan Hallman & Schmieg, L.L.P. B Daniel G. Schmieg;, Esquire Attorney for Plaintiff Date: July 13, 2005 Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc. COURT OF COMMON PLEAS CIVIL DIVISION VS. Cumberland COUNTY NO. 05-2193 -Civil Susan Murphy Long Stephen Michael Long MEMORANDUM OF LAW Pa. R.C.P. 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method. of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation, which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the corzect address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) exatninations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Return of Service, attached hereto and marked as Exhibit "A" & Exhibit "B", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendants has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "C". WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. B3=+?? Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: July 13, 2005 SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-02193 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS LONG SUSAN MURPHY ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT LONG SUSAN MURPHY but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , LONG SUSAN MURPHY 142 15TH STREET UNIT B NEW CUMBERLAND, PA 17070 DEFENDANT IS OWNER, BUT DOES NOT LIVE THERE. HAS A PO BOX IN HARRISBURG. PHONE # 329-6795 AND 612-9613. Sheriff's Costs: So answe Docketing 18.00 .? -l. Service 13.32 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 46.32 PHELAN HALLINAN SCHMIEG 05/17/2005 Sworn and subscribed to before me this day of A. D. Prothonotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-02193 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS LONG SUSAN MURPHY ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT LONG STEPHEN MICHAEL but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , LONG STEPHEN MICHAEL 142 15TH STREET UNIT B NEW CUMBERLAND, PA 17070 DEFENDANT IS OWNER BUT DOES NOT LIVE THERE. HAS A PO BOX IN HARRISBURG. PHONE # 329-6795 AND 612-9613. Sheriff's Costs: So answers ?. Docketing 6.00 __- Service .00 Affidavit 5.00 R. Thomas Kli Surcharge 10.00 _ Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 05/17/2005 Sworn and subscribed to before me this A. D. day of Prothonotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-02193 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS LONG SUSAN MURPHY ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT LONG SUSAN MURPHY but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , LONG SUSAN MURPHY 1519 CARLISLE ROAD CAMP HILL, PA 17011 PER POST OFFICE. DEFENDANT'S ADDRESS IS PO BOX 10614 HARRISBURG, PA 17105. Sheriff's Costs: So answer- Docketing 1.00 Service 111.10 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 44.10 PHELAN HALLINAN SCHMIEG 06/30/2005 Sworn and subscribed to before me this A. D. day of Prothonotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-02193 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS LONG SUSAN MURPHY ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT LONG STEPHEN MICHAEL but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , LONG STEPHEN MICHAEL 9 CARLISLE ROAD CAMP HILL, PA 170 PER POST OFFICE, DEFENDANT'S ADDRESS IS PO BOX 10614 HARRISBURG, PA 1 Sheriff's Costs: So answ-er-s,: Docketing 6.00 Service .00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 06/30/2005 Sworn and subscribed to before me this A. D. day of Prothonotary FORECLOSURE REVIEW SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 113168 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Susan Murphy Long and Stephen Michael Long Current Address: 14215th Street, Unit B, New Cumberland, PA 17070 Property Address: 14215th Street, Unit B, New Cumberland, PA 17070 Mailing Address: 14215th Street, Unit B, New Cumberland, PA 17070 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Susan Murphy Long - 465-86-1851 Stephen Michael Long - not available B. EMPLOYMENT SEARCH Susan Murphy Long and Stephen Michael Long - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Susan Murphy Long and Stephen Michael Long reside(s) at: 14215th Street, Unit B, New Cumberland, PA 17070. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which indicated that Susan Murphy Long and Stephen Michael Long reside(s) at: 14215th Street, Unit B, New Cumberland, PA 17070. On 3/8/05 our office attempted to make a telephone call to the subject's phone number, however the phone number was unpublished. III. INQUIRY OF NEIGHBORS On 3/8/05 our office attempted to contact Alice Kowatch, at 14415th Street, New Cumberland, PA 17070; spoke with an unidentified female who could not confirm or deny that the subjects reside(s) at 14215th Street, Unit B, New Cumberland, PA 17070. On 3/8/05 our office attempted to contact Michael Dunn, at 143 15th Street, New Cumberland, PA 17070, however the phone number was disconnected. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 3/9/05 we reviewed the National Address database and found the following information: Susan Murphy Long and Stephen Michael Long-14215th Street, Unit B, New Cumberland, PA 17070. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: 1519 Carlisle Road, Camp Hill, PA 17011. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Susan Murphy Long and Stephen Michael Long. VI. OTHER INQUIRIES A. DEATH RECORDS As of 3/9/05 Vital Records and all public databases have no death record on file for Susan Murphy Long and Stephen Michael Long. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Susan Murphy Long and Stephen Michael Long residing a.t: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Susan Murphy Long - 2/1953 Stephen Michael Long - not available * All accessible public databases have been checked and cross-referenced for the above named individual(s). * Please be advised all database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I herby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unworn falsification to authorities. COMMONWEALTH OF PENNSYLVANIA --'NOTARIAL AL SEAL RYAN P GALVIN, Notary Public City of Philadelphia, Phila. County AFFIANT - Brendan Booth My Commission Expires December 21, 2008 Foreclosure Review Services, Inc. Sworn to and subscribed before me this 9tb day of March 2005. The above information is obtained from available public records and we me only liable for the cost of the affidavit. VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. By? - Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: July 13, 2005 t, a a5?? PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County VS. SUSAN MURPHY LONG STEPHEN MICHAEL LONG No. 05-2193-CIVIL Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: July 13, 2005 PHELAN HALLE?IAN & SCHMIEG, LLP r By: FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Jmmt, Svc Dept. File# 113168 ury t?- .-1 {-? y?kTi -Tl " N Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Vs. Susan Murphy Long Stephen Michael Long COURT OF COMMON PLEAS CIVIL DIVISION Cumberland COUNTY NO. 05-2193-Civil CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the foregoing Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individuals as indicated below by first class mail, postage prepaid, on the date listed below. Susan Murphy Long and Stephen Michael Long at: 142 15th Street, Unit B New Cumberland, PA 17070 1519 Carlisle Road Camp Hill, PA 17011 P.O. Box 10614 Harrisburg, PA 17105 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. r By: - Davie c Esquire c_ Attorney for Plaintiff Date: July 13, 2005 Attorney for Plaintiff c 1 rG. W SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-02193 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS LONG SUSAN MURPHY ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT LONG SUSAN MURPHY but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT LONG SUSAN MURPHY 1519 CARLISLE ROAD CAMP HILL, PA 17011 PER POST OFFICE, DEFENDANT'S ADDRESS IS PO BOX 10614 HARRISBURG, PA 17105. Sheriff's Costs: Docketing 18.00 Service 11.10 Not Found 5.00 Surcharge 10.00 .00 44.10 So answer -- R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 06/30/2005 Sworn and subscribed to before me this ?a = day of S A. D. u A41 P o honotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-02193 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS LONG SUSAN MURPHY ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT LONG STEPHEN MICHAEL but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT LONG STEPHEN MICHAEL 1519 CARLISLE ROAD CAMP HILL, PA 17011 PER POST OFFICE, DEFENDANT'S ADDRESS IS PO BOX 10614 HARRISBURG, PA 17105 Sheriff's Costs: So answer _ Docketing 6 .00 Service .00 Not Found 5 .00 R. Thomas Kline Surcharge 10 .00 Sheriff of Cumberland County .00 21 .00 PHELAN 14ALLINAN SCHMIEG 06/30/2005 Sworn and subscribed to before me this day of ? / --cud, A.D. Pro h notary 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 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff VS. SUSAN MURPHY LONG STEPHEN MICHAEL LONG Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO.05-2193-CTV L AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDVR I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons SUSAN MURPHY LONG and STEPHEN MICHAEL LONG at 142 15TH STREET, UNIT B, NEW CUMBERLAND, PA 17070,1519 CARLISLE ROAD, CAMP HILL, PA 17011 & P.O. BOX 10614, HARRISBURG, PA 17105 on 8/16/2005, in accordance with the Order of Court dated 7/25/2005. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: August 10, ?005 FRANCIS S. HAI LINAN, ESQUIRE Attorney for Plaintiff ?REEEIVED JUL 19 M IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA Mortgage Electronic Registration Systems, Inc. VS. Susan Murphy Long Stephen Michael Long COURT OF COMMON PLEAS CIVIL DIVISION Cumberland COUNTY NO. 05-2193-Civil ORDER AND NOW, this Z,? ` day of(?4- , 2005, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on the above captioned Defendants, Susan Murphy Long and Stephen Michael Long, by: 1. First class mail to Susan Murphy Long and Stephen Michael Long at the last known addresses, 1519 Carlisle Road, Camp Hill, PA 17011, P.O. Box 10614, Harrisburg, PA 17105 and the mortgaged premises located at 142 15th Street, Unit B, New Cumberland, PA 17070; and 2. Certified mail to Susan Murphy Long and Stephen Michael Long at the last known addresses of 1519 Carlisle Road, P.O. Box 10614, Harrisburg, PA 17105 Camp Hill, PA 17011 and the mortgaged premises located at 142 15th Street, Unit B, New Cumberland, PA 17070. TRUE COPY FROM RECORD in Tos*mq whereof. I hwe unto set my hand and the of saW C"a A Carlisle, Pa. ihk_.a?? 'ftn e BY THE COURT: J. I -Sj? 7 -""? _ ?Yr ? ?} mfr KENNETH A. WISE, ESQUIRE Attorney I. D. No. 16142 Graybill & Wise, P.C. 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 238-3838 Attorney for Defendants Mortgage Electronic Registration Systems, Inc. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY V. Susan Murphy Long And Stephen Michael Long No. 05-2193-Civil Defendants PRELIMINARY OBJECTIONS TO COMPLAINT IN MORTGAGE FORECLOSURE 1. Movants herein are Defendants. 2. Respondent herein is Plaintiff. 3. This pleading is preliminary objections to the Complaint in Mortgage Foreclosure. COUNTI MOTION TO STRIKE 4. Paragraphs 1 through 3 above are incorporated by reference herein. 5. This action is an action in mortgage foreclosure based on a writing, to wit the mortgage. 6. A copy of the mortgage is not attached as part of the pleading. 7. PARCP Rule 1019(h) states that any suit based on a writing must have a copy of that writing attached or an explanation given as to why such is unavailable. 8. In paragraph 5 of Plaintiffs Complaint, it alleges the right to call the entire principal balance and all interest due, "upon failure of mortgage or to make such payments after a date specified by written notice sent to mortgagor". 9. To prevail, plaintiff must establish that it sent such a Notice. 10. The Complaint does not describe any such written notice or attach any such notice. 11. Plaintiffs right to claim a default and claim a balance due must be based on a writing, to wit, a written notice of default. 12. No such writing is attached. WHEREFORE, Defendants, as Movants respectfully request that this Court strike off Plaintiffs Complaint as being not in compliance with rules of Court. COUNT II DEMURS 13. Paragraphs 1 through 12 above are incorporated by reference herein. 14. Plaintiff is seeking to call the balance of the payments due together with interest and penalties. 15. As Plaintiff pleads in Paragraph 5 of its Complaint, it can only claim that right upon nonpayment after the date specified by written notice sent to the Defendants as mortgagors. 2 16. Because there is no such writing either described or attached to the Complaint and incorporated by reference therein, Plaintiff has failed to state a claim upon which relief can be granted. WHEREFORE, Defendants, as Movants, respectfully request that this action be dismissed. Respectfully submitted, Date KEPdNEiH A. WISE, ESQUIRE Attorney I.D. No. 16142 Graaybill & Wise, P.C. 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 238-3838 Attorney for Defendants CERTIFICATION OF SERVICE I hereby certify that I am this day serving a true and correct copy of the attached Preliminary Objections to Complaint in Mortgage Foreclosure on the following individual(s) by First Class U.S. Mail addressed as follows: Francis S. Hallinan, Esquire Phelan Hallinan & Schmieg, LLP One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 Date: Kenneth A. Wise, Esquire Id. No. 16142 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 238-3838 Attorney for Defendants C'J hi i7 (_' ? ?ii +.. ? <_ ? ??1 <A l?i s? ri ? .j R1 W,rf ?' (. _? -? N :< F PHELAN HALLINAN & SCHMIEG, 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff VS. SUSAN MURPHY LONG STEPHEN MICHAEL LONG 142 15TH STREET, UNIT B NEW CUMBERLAND, PA 17070 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 05-2193-CIVIL CUMBERLAND COUNTY AMENDED CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 113168 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 113168 Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN. VA 22102 Plaintiff, is or will be, the owner of legal 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: EVERHOME MORTGAGE COMPANY 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 2. The names and last known address of the Defendants are: SUSAN MURPHY LONG STEPHEN MICHAEL LONG 142 15TH STREET, UNIT B NEW CUMBERLAND, PA 17070 who are the mortgagors and real owners of the property hereinafter described. 3. On 05/20/2002 mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1759, Page: 4409. True and correct copies of the Mortgage and Note are attached hereto, made part hereof, and marked as Exhibits A and B, respectively. 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 10/01/2004 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 #' 113169 6. The following amounts are due on the mortgage: Principal Balance $68,518.98 Interest 3,954.60 09/01/2004 through 04/22/2005 (Per Diem $16.90) Attorney's Fees 1,250.00 Cumulative Late Charges 56.32 05/20/2002 to 04/22/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 74,329.90 Escrow Credit 97.76 Deficit 0.00 Subtotal $- 97.76 TOTAL $ 74,232.14 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. Plaintiff has complied with Act 6 of 1974, 41 P.S. §403(a) and Act 91 of 1983, 35 P.S. § 1680.401c by sending the Combined Notice provided for under Act 91 on March 18, 2005. A true and correct copy of the Combined Notice is attached hereto, made part hereof, and marked as Exhibit C. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has termiated because Defendants have failed to meet with a credit counseling agency in accordance with Plaintiff's written notice to Defendants. 11. Defendants were advised that they could cure the default within thirty three (33) days of March 18, 2005 by paying the total amount due to Plaintiff. Defendants failed to do so, therefore Plaintiff proceeded with foreclosure. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendants in the sum of $74,232.14, together with interest from 04/22/2005 at the rate of $16.90 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. PHEL j HALLINAN & S?HMIIEG, LLP //? t %' `-G , By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 113168 a09 ?. ?I-GLEP, r,r 0EEDJ ?liil ;?Y-"rA '02 (ANY 24 Phi 1 51 Prepared By: TRACY COLES Parcel Number: 26 23 0541 218B Return To: SIB MORTGAGE CORP. 1250 ROUTE 28, BRANCHBURG, NJ 08876 Above This Line For Recording Data] MORTGAGE MIN 1000273-1000115248-7 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated May 20, 2002 together with all Riders to this document. (B) "Borrower" is SUSAN MURPHY LONG and STEPHEN MICHAEL LCM, HUSBADID AMID WIFE Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint MI 48501-2026, tel. (888) 679-MERS. LON01000115248 1000115248 0 PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3039 1/01 -6A(PA) (0202) / MW o of 16 l.t al Page 1VMP MORTGAGE FORMS - 1800)521-7291 (' / t 11111111 HE 111111111 IN (D) "Lender" is SIB MORTGAGE CORP. Lender is a A NEW JERSEY CORPORATION organized and existing under the laws of THE STATE OF NEW JERSEY Lender's address is 1250 ROUTE 28, BRANCHBURG, NJ 08876 (E) "Note" means the promissory note signed by Borrower and dated May 20, 2002 The Note states that Borrower owes Lender Seventy Thousand and no/100 Dollars (U.S. $70, 000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than June 1, 2032 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable]: El Adjustable Rate Rider OX Condominium Rider 0 Second Home Rider ? Balloon Rider ? Planned Unit Development Rider a 1-4 Family Rider EJ VA Rider El Biweekly Payment Rider 0 Other(s) [specify] (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (( hat have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (I.) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (I) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. LCM1000115248 1000115248 vln? 1 (M -6A(PA) (ozoz) Page 2 of 16 Form 3039 1/01 Us/ t r ) (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As use([ in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note: and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the COUNTY [Type of Recording Jurisdiction) of CUMBERLAND [Name of Recording Jurisdiction): SEE LEGAL DESCRIPTION ATTACHED which currently has the address of 142 15TH STREET UPIIT B NEW MT IBERLAM ("Property Address"): [Street) [Cityl, Pennsylvania 17070 [Zip Codel TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the properly. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property: and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. LCDU1000115248 (0-6A(PA) (0202) B 1000115248 Page 3 "r 16 Intials:J f9(v Form 3039 1101 nil 1 - ' BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered. except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment LQNG1000115248 1000115248 ol6ai (0 -6A(PA) (0202) Page4 of 16 Form 3039 1/01 m can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a tender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest LCIC1000115248 1000115248 0 Initia -6A(PA) (=2) Page 5 of 16 niti / Forth 3039 1/01 SKI -r shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. LCDG1000115248 1000115248 If`GLL 0 $A(PA) tozozl Page 6 of 16 Initials: Foml 3039 1/01 4 4 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower. Borrower's equity in the Property, or the contents of the Property, against any risk. hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. LCM1000115248 1000115248 ma+al:. J/vL -6A(PA) (0202) Page ) o116 Form 3039 1/01 BX f 7 -15 ?' 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy (lie Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. LCM1000115248 1000115248 6A(PA) (0202) Page 8 or 16 0 Form 3039 1101 Elt 17 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. LCM1000115248 1000115248 Imcials (0-6A(PA) (0202) Page 9 of 16 Form 3039 1/01 m SKI755 'a'-.4i7 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. ll. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be LCM1000115248 1000115248 L i kba: NA(PA) (ozoz) Page 10 of 16 Form 3039 1/01 m _ E;i i8 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the lime for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to LaI 61000115248 1000115248 0 Initials,)/w// /f? / (0 -6A(PA) (0202) Page 11 of 16 Farm 3039 1/01 V ) ..+ = 1 n n have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with (his Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by (his Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of (his Security Instrument discontinued at any lime prior to the earliest of. (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or LCM1000115248 1000115248 (n_? wtiais: ?J//[ -6A(PA) (0202) Page 120116 Forth 3039 1/01 n agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for [tie purpose of protecting Lender's interest in the Property and rights under this Security Instrument: and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash: (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that (he other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and (he notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. LCM1000115248 1000115248 Initials: -6A(PA) (0202) Page 13 of 16 form 3039 1101 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as speed may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited t% attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. LCM1000115248 1000115248 Initials. (M $A(PA) (0202) Page 14 or 15 Form 3039 1101 ?l BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower (Seal) )orrower _ (Seal) -Borrower _ (Seal) -Borrower - (Seal) -Borrower LUU1000115248 1000115248 0 (M-6A(PA) (ozoz) Page 15.f rc Form 3039 1101 ejfjL?J/ (Seal) SUSAN MURPHY L!Il -Borrower rar - - " OA I ?? is :41j Certificate of Residence 1, RICHARD PAYNE do hereby certify that the correct address of the within-named Lender is 1250 ROUTE 28, BRANCHBURG, NJ 08876 Witness my hand this 20th day of May, 2002 RICHARD PAYNE Agent of Lender COMMONWEALTH OF PENNSYLVANIA, County ss: On this, the 20th day of May, 2002 , before me, the undersigned officer, personally appeared SUSAN MURPHY LaU and STEPHEN MICHAEL LONG known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: } L=1000115248 -6A(PA) (ozoz) Title of Officer NOTARIAL SEAL PATRICHIA L. YOTER, Nolary Public New Cumberland 8aro. Cumberland Co. My Commission ExpAes Nov. 18, 2002 1000115248 Im[ia1Y.? Page 16 or 16 Forrn 3039 1 /01 r? 1 _ ---='-.`T =TAlM Unit in the property known, named and Ldesttfied in the Declaration r.-. to beIw at -Cumberland Crossings Coudoeisies- es recorded in- flan look 33, .'gc 43, located in the Borough of New Cumberland, Cumberland County, Pennsylvania, t which has heretofore been submitted perweast to the provisions of the feonsylvaula Oalfore CooJealOtua Act, 48 fa, C,l. 3101 by the recording is the Office of the ",atorear of Deeds of Cumberland County of a Declaration dated Worth 1, 1988 and =corded on March 23, 1988 to Miscellaneous look ta7 , Pap iiii , as the saw shall -y*nded from tine to tine, being and destpiated in such Declaration, as the sere is :wended free tins co time, as Unit Re. 2, also knows as 142-1; an more folly 4estribe4 I 1s said Declaration, as the same may be aneudad from ties to ties, togetgir wtth ¦ ii proportionate undivided interest in the Cewou 8lerents (a 4o:Rsad in uid - "elaration) of 12.5%. Trascis t. Miller, Jr. and Keith 8. Pj4fer, the•developere, teaarve the right, is accordance with said Deelarstloa, to v.:are and reallocate Orataa' proportionate, =divided interest in the Carew Rle 4rta as prowtdad In the Occlaratlon, as the saes say be sounded from time to time. +KIMC the same promises which Francis 2. Miller, Jr. sad Keith a. fatfsr, by dead aped June 30, 1988 and recorded lm the Cumberland County Recorder's Office in Deed hook 73-K. Papa 1030, granted and conveyed onto the Creators herein. BEING THE SAME PREMISES which James T. Mardis and Cora I. Mardis, h/w, by their deed dated May a_o_, 2002, and about to be recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Stephen Long and Susan Long, h/w, Mortgagors herein. (,,-j: "v this to he recorded "u.nbcdand County PA Recorder of Deeds r U11 NOTE May 20, 2002 [Date] NEW CUMBERLAND Icityl 142 15TH STREET' UNIT B, NEW CUMBERLAND, PA 17070 [Property Addressl Pennsylvania [Slatel OrIGINAL 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. S 70, 000.00 (this amount is called "Principal"), plus interest, to the order of the Lender- The Lender is SIB MORTGP.GE CORP. , A NEW JERSEY CORPORATION I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 9.0000 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(13) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on July 1, 2002 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on Jum 1, 2032 I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 1250 ROUTE 28, BRANCHBURG, NJ 08876 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 563.24 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. L=1000115248 1000115248 MULTISTATE FIXED RATE NOTE-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT (M -5N (ooos) Mw osroo Form 3200 1/01 m VW MORTGAGE FORMS - (800)521-7291 Page i or 3 Inaials: 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or odler loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal. the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar clays after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.0000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the dale it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. LCM1000115248 1000115248 Form 3200 11Q1 , -5N (oons) paq 2 or 3 imams: 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to die protections given to the Note Holder under this Nate, a Mortgage, Deed of Trust, or Security Deed (the "Securi(y Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent. Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. \?f C/Y /C 22:?z (Seal) MURPHY C11 V -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower [Sign Original Only] PAY TO THE ORDER OF SIB MCOGA,GE CORP. BY: LCNG100o115248 1000115248 EVP -5N (ooos) Page 3 of 3 Form 3200 1101 ID ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE DATE: March 18, 2005 TO: Stephen Michael Long Susan Murphy Long 142 15th Street, Unit B 142 15th Street, Unit B New Cumberland, PA 17070 New Cumberland, PA 17070 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEM AP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS FROM THE DATE OF THIS NOTICE. Take this Notice with you when you meet the Counseling A eg ncy. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUEDE AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY HOMEOWNER'S NAME(S): Stephen Michael Long and Susan Murphy Long PROPERTY ADDRESS: 142 15th Street, Unit B, New Cumberland, PA 17070 LOAN ACCT. NO.: 9000084959 ORIGINAL LENDER: Mortgage Electronic Registration Systems, Inc. CURRENT LENDER/SERVICER: Everhome Mortgage Company HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty three (33) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice the lender may NOT take action against you for thirty three(33) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions and Phelan Hallman & Schmieg's PHFA department. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in a default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty three (33) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankrupts you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 142 15th Street, Unit B, New Cumberland, PA 17070 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: 10/01/04 through 3/01/05 at 2 @ 727.50; 4 @ 717.49 per month. Monthly Payments Plus Late Charges Accrued NSF: Inspections: Other - Inspection: (Suspense): Total amount to cure default $4,381.28 $0.00 $30.00 $45.00 $0_00 $4,456.28 ' See paragraph below headed "HOW TO CURE THE DEFAULT" B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not applicable): N/A * HOW TO CURE THE DEFAULT-You may cure the default within THIRTY THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,456.28, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY THREE (33) DAY PERIOD. As of the date of this letter, you owe the amount specified above. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day that you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (215) 563-7000 and ask for the Reinstatement Department. Payments must be made either by cash, cashier's check, certified check or money order made Payable and sent to: PHELAN HALLINAN & SCHMIEG, LLP, One Penn Center at Suburban Station, 1617 John F. Kennedy Boulevard, Suite 1400, Philadelphia, PA 19103-1814, Attn: Reinstatement Department. You can cure any other default by taking the following action within THIRTY THREE (33) DAYS of the date of this letter. (Do not use if not applicable.) N/A. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY THREE (33) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the morteage debt. The means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY THREE (33) DAYS, the lender also intends to instruct its attorney to start legal action to foreclosure upon your mortgage property. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY THREE (33) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY THREE (33) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paving the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attention: Reinstatement Department EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You may orX_may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED If this is the first notice that you have received from this office, be advised that: You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days from receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise the debt will be assumed to be valid. Likewise if requested within thirty (30) days from receipt of this letter, the firm will send you the name and address of the original creditor if different from above. Very truly yours, PHELAN HALLINAN & SCHMIEG, LLP Cc: Everhome Mortgage Company Attn: Karen Cogbum Account No.: 9000084959 FH/mas Mailed by 1" Class Mail and by Certified Mail Nos: 7004 1160 0006 0238 5010/5027 ALL THAT CERTAIN unit in the property known, named and identified in the Declaration referred to below as "Cumberland Crossings Condominium" as recorded in Plan Book 55, Page 43, located in the Borough of New Cumberland, Cumberland County, Pennsylvania, which has heretofore been submitted pursuant to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. C.S. 3101 by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration dated March 1, 1988, and recorded March 25, 1988, in Miscellaneous Book 347, Page 1111, and amendments recorded in Miscellaneous Books 348-120, 348=458, and 553-825, as the same shall be amended from time to time, being and designated in such Declaration, as the same is amended from time to time, as Unit No. 2, also known as 142-B, as more fully described in said Declaration, as 'the same may be amended from time to time, together with a (proportionate undivided interest in the Common Elements (as defined in isaid Declaration) of 12.5%. Francis R_ Miller, Jr., and Keith E. 'Peifer, the developers, reserve the right, in accordance with said Declaration, to reduce and reallocate Grantees' proportionate, iundivided interest in the Common Elements as provided in the Declaration, as the same may be amended from time to time. BEING the same premises which Thomas F. Lamb and Barbara Lamb, husband and wife, by their deed dated February 28, 1994, and recorded March 8, 1994, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 102, Page 480, granted and conveyed unto James T. Mardis and Cora I. Mardis, husband and wife, Grantors herein. PROPERTY BEING: 142 15TH STREET lUft f'-B 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 Pr e?vJct? 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 unswom falsifications to authorities. Francis S. Halhnan, Esquire Attorney for Plaintiff DATE: 113 ei 17 ? t-, ro ? a .zl c n; y ? c,n w PHELAN HALLINAN & SCHMIEG, 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff Vs. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 05-2193-CIVIL CUMBERLAND COUNTY SUSAN MURPHY LONG STEPHEN MICHAEL LONG 142 15TH STREET, UNIT B NEW CUMBERLAND, PA 17070 Defendants CERTIFICATION OF SERVICE I hereby certify a true and correct copy of Plaintiff's Amended Civil Action Complaint was served by regular and certified mail on the following on the date listed below: Kenneth A. Wise, Esquire Graybill & Wise, P.C. 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 Susan Murphy Long Stephen Michael Long 142 15th Street, Unit B New Cumberland, PA 17070 DATE: Je ' e R. Davey, Esquire Attorney for Plaintiff h> It ? rn? N w = T ?] . T7% '-pry' e C"-' PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. No. 05-2193-CIVIL SUSAN MURPHY LONG STEPHEN MICHAEL LONG Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 12/13/05 to JUNE 07, 2006 (per diem -$12.85) $78,186.74 ./ $ 2,274.45 and Costs TOTAL $80,461.19 DANIEL G. SCHMIEG,1IItE One Penn Center at Suburb tation 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. O w ~ a ? ?+ m O ? ? c 4Ta N i ODA W ? WU, + ? W Ow o ov dew a H? O O r o o r., dd 0+ p" ? U U W ? r N ? W ? ? WWW H W N ? O N ? v w 45 d Is t? N ?r P A N 3 =v If ALL THAT CERTAIN unit in the property known, named and identified in the Declaration referred to below as "Cumberland Crossings Condominium" as recorded in Plan Book 55, Page 43, located in the Borough of New Cumberland, Cumberland County, Pennsylvania, which has heretofore been submitted pursuant to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. C.S. 3101 by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration dated March 1, 1988, and recorded March 25, 1988, in Miscellaneous Book 347, Page 1111 and amendments recorded in Miscellaneous Books 348-120, 348-458, and 553-825, as the same shall be amended from time to time, being and designated in such Declaration, as the same is amended from time to time, as Unit No. 2, also known as 142-B, as more fully described in said Declaration, as the same may be amended from time to time, together with a proportionate undivided interest in the Common Elements (as defined in said Declaration) of 12.5%. Francis R. Miller, Jr., and Keith E. Peifer, the developers, reserve the right, in accordance with said Declaration, to reduce and reallocate Grantees' proportionate, undivided interest in the Common Elements as provided in the Declaration, as the same may be amended from time to time. Being known as: 142 15TH STREET, UNIT B, NEW CUMBERLAND, PA 17070 Tax Parcel: 26-23-0541-218A TITLE TO SAID PREMISES IS VESTED IN Stephen Michael Long and Susan Murphy Long, husband and wife by Deed from James T. Mardis and Cora I. Mardis, husband and wife, dated 5/20/02 and recorded 5/24/02, in Deed Book 251, Page 4267. n i Q ST T f,f' ? itl ? ? ; 1 ZU 1 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. SUSAN MURPHY LONG STEPHEN MICHAEL LONG Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-2193-CIVIL 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 ,142 15TH STREET, UNIT B, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SUSAN MURPHY LONG STEPHEN MICHAEL LONG 142 15TH STREET, UNIT B NEW CUMBERLAND, PA 17070 142 15TH STREET, UNIT B NEW CUMBERLAND, PA 17070 2. Name and address of Defendant(s) in the judgment: Same as above property to be sold: Name and last known address of everyjudgment creditor whose judgment is a record lien on the real Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CARRIE LEVANS AND TIM WELDON 112 WEST MAIN STREET, APT./STE. 4 MECHANICSBURG, PA 17055 1 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 142 15TH STREET, UNIT B NEW CUMBERLAND, PA 17070 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 15, 2005 . DATE DANIEL G. SCHMIEG, UIRE Attorney for Plaintiff N u? 'rl h T!'i n tTi (7y 7 CJ c. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. SUSAN MURPHY LONG STEPHEN MICHAEL LONG Defendant(s). TO: SUSAN MURPHY LONG 142 15TH STREET, UNIT B NEW CUMBERLAND, PA 17070 CUMBERLAND COUNTY No. 05-2193-CIVIL December 15, 2005 STEPHEN MICHAEL LONG 142 15TH STREET, UNIT B NEW CUMBERLAND, PA 17070 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA 7TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 142 15TH STREET, UNIT B, NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriffs Sale on JUNE 07, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $78,186.74 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: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer 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 ALL THAT CERTAIN unit in the property known, named and identified in the Declaration referred to below as "Cumberland Crossings Condominium" as recorded in Plan Book 55, Page 43, located in the Borough of New Cumberland, Cumberland County, Pennsylvania, which has heretofore been submitted pursuant to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. C.S. 3101 by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration dated March 1, 1988, and recorded March 25, 1988, in Miscellaneous Book 347, Page 1111 and amendments recorded in Miscellaneous Books 348-120, 348-458, and 553-825, as the same shall be amended from time to time, being and designated in such Declaration, as the same is amended from time to time, as Unit No. 2, also known as 142-B, as more fully described in said Declaration, as the same may be amended from time to time, together with a proportionate undivided interest in the Common Elements (as defined in said Declaration) of 12.5%. Francis R. Miller, Jr., and Keith E. Peifer, the developers, reserve the right, in accordance with said Declaration, to reduce and reallocate Grantees' proportionate, undivided interest in the Common Elements as provided in the Declaration, as the same may be amended from time to time. Being known as: 142 15TH STREET, UNIT B, NEW CUMBERLAND, PA 17070 Tax Parcel: 26-23-0541-218A TITLE TO SAID PREMISES IS VESTED IN Stephen Michael Long and Susan Murphy Long, husband and wife by Deed from James T. Mardis and Cora I. Mardis, husband and wife, dated 5/20/02 and recorded 5/24/02, in Deed Book 251, Page 4267. C7 ? ? ? fa`1 T? rl r1l ?Vfl c kO ! 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. V. Plaintiff, SUSAN MURPHY LONG STEPHEN MICHAEL LONG Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-2193-CIVIL 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 unswom falsification to authorities. DANIEL G. SCHMIEG, UIRE Attorney for Plaintiff i C) t t t ?.;.' -n IT: mot? l i..? rti R a? WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-2193 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 SUSAN MURPHY LONG AND STEPHEN MICHAEL LONG, 14215 TI STREET, UNIT B, NEW CUMBERLAND PA 17070. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 142 15T" STREET, UNIT B, NEW CUMBERLAND PA 17070 (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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $78,186.74 L.L. $.50 Interest FROM 12113/05 TO 617106 @ $12.85 PER DIEM = $2,274.45 Arty's Comm % Any Paid $214.42 Plaintiff Paid Date: DECEMBER 16,,2005 (Seal) Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ. Address: ONE PENN CENTER @ SUBURBAN STATION 1617 JFK BLVD., SUITE 1400, PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, LLP By: Daniel G. SCHMIEG, Esquire Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Attorney for Plaintiff Philadelphia, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. SUSAN MURPHY LONG STEPHEN MICHAEL LONG CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-2193-CIVIL Defendant(s). AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 DANIEL G. SCHMIEG, ESQUIRE, Attorney for Plaintiff, hereby certifies that service of the Notice of Sheriffs Sale was made by sending a true and correct copy by certified mail and regular mail to Defendants SUSAN MURPHY LONG and STEPHEN MICHAEL LONG on 12/29/05 at 1519 CARLISLE ROAD, CAMP HILL, PA 17011 and P.O. BOX 10614, HARRISBURG, PA 17105 and 14215TH STREET, UNIT B, NEW CUMBERLAND, PA 17070 in accordance with the Order dated 07/25/05. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S.4904 relating to the unsworn falsification to authorities. PHELAN H L & SCHMIEG, LLP By: DANIEL G. SCHMIEG, Esq. Dated: January 3, 2006 YWFIVED JUL 19 2005 IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA Mortgage Electronic Registration Systems, Inc. vs. Susan Murphy Long Stephen Michael Long COURT OF COMMON PLEAS CIVIL DIVISION Cumberland COUNTY NO. 05-2193-Civil ORDER AND NOW, this ;Z5 day of 2005, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on the above captioned Defendants, Susan Murphy Long and Stephen Michael Long, by: 1. First class mail to Susan Murphy Long and Stephen Michael Long at the last known addresses, 1519 Carlisle Road, Camp Hill, PA 17011, P.O. Box 10614, Harrisburg, PA 17105 and the mortgaged premises located at 142 15th Street, Unit B, New Cumberland, PA 17070; and 2. Certified mail to Susan Murphy Long and Stephen Michael Long at the last known addresses of 1519 Carlisle Road, P.O. Box 10614, Harrisburg, PA 17105 Camp Hill, PA 17011 and the mortgaged premises located at 142 15th Street, Unit B, New Cumberland, PA 17070. TRUE COPY FROM RECORD In Teetk" udweol, I hers unto set my hand and the eeei a< saki u at Carlisle, Pa. I . s Oy . ProtnonoeuvY''`? BY THE COURT: IS(Q. " J. I 7160 3901 9849 3119 0706 TO: SUSAN MURPHY LONG 142 15TH STREET, UNIT B NEW CUMBERLAND, PA 17070 SENDER: RETURN RECEIPT SERVICE 1eenA# ?' NJD 113168 - LONG Total Postage & Fees 1 2.6' { US Postal Service POSTMAR( OR DATE Receipt for Certified Mail No Insuranoe Cmmge Provided 1 Do Not Use for International Mai 7160 3901 9849 3119 0768 TO: STEPHEN MICHAEL LONG 1519 CARLISLE ROAD CAMP HILL, PA 17011 --vm-k4 `1 SENDER: NID REFERENCE: 113168 -LONG RETURN trosagl RECEIPT Certified Fee SERVICE Return Receipt Fee Total Postage & Fees 11 7 1 US Postal Service PO§TMAR OR DATE. Receipt for I{? Certified Mail No Insurance Covera98 Ptwfded y „ Do Not Use for International Mai _ 7160 3901 9849 3119 0720 TO: STEPHEN MICHAEL LONG 142 15TH STREET, UNIT B NEW CUMBERLAND, PA 17070 SENDER: ?G(tr+?-1 NIT) 113168 - LONG RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mad POSTMARK OR DA 41 7160 3901 9849 3119 0744 TO: SUSAN MURPHY LONG 1519 CARLISLE ROAD CAMP HILL, PA 17011 SENDER: NJD T?bM* N REFERENCE: 113168 -LONG RETURN RECEIPT SERVICE Fee Total Postage & Fees US Postal Servica Receipt for POSTMARK OR DATE / Certified Mail No Insurance Covera P ' V ge rovyed Do Not Use for International Mad 7160 3901 9849 3119 0782 TO: SUSAN MURPHY LONG P.O. BOX 10614 HARRISBURG. PA 17105 \P.Ma? y SENDER: NIT) neconeunm. 113168 - LONG j RETURN Postage .37 i RECEIPT Certified Fee 2.30 SERVICE Return Receipt Fee 0.00 Restricted Delivery 0.00 Total Postage & Fees 2.47 US Postal Service J POSTMARK OR DATV& 6 NV f Receipt for G , Certified Mail No Insurance Coverage Provided Do Not Use for International Mal ------------------------------------------ -------------------------------------------- 7160 3901 9849 3119 0713 TO: SUSAN MURPHY LONG 142 15TH STREET, UNIT B NEW CUMBERLAND, PA 17070 I ItAAA411 SENDER: NIT I I 113168 - LONG REFERENCE: RETURN LRRetum tage RECEIPT tified Fee SERVICE Receipt Fee stricted Delivery s Postage & Fees US Postal Service i Receipt for Certified Mail No Insurance Coverage Provided i Do Not Use for International MaN 7160 3901 9849 3119 0805 TO: STEPHEN MICHAEL LONG P.O. BOX 10614 HARRISBURG, PA 17105 - VP .t444 SENDER: NJD REFERENCE: 113168 - LONG RETURN Postage 37 RECEIPT Certified Fee 2.30 SERVICE Return Receipt Fee 0.00 Restricted Delivery 0.00 j Total Postage & Fees 2.67 US Postal Service POSTMARK OR DATE Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for Intemational Mail ------------------------------------------- - 7160 3901 9849 3119 0737 TO: STEPHEN MICHAEL LONG 142 15TH STREET, UNIT B NEW CUMBERLAND, PA 17070 SENDER: TeaM? NJD REFERENCE: 113168-LONG 2.30 srage ertified Fee eturn Receipt Fee estdcted Delivery otalPostage & Fees ORb1it POSTI l Service j ipt for ed Mail overage Provided Internet.. Mel 1ntemafionW +1 i w0 7160 3901 9849 3119 0775 TO: STEPHEN MICHAEL LONG 1519 CARLISLE ROAD CAMP HILL, PA 17011 --eAj+ -gL( SENDER: NJD REFERENCE: 113168-LONG j RETURN Postage RECEIPT Certified Fee j SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal SBNiCe POST DATE Receipt for h Certified Mail No Insurance Coverage Provided Do Not Use for International Mail ------------- ----- ----- ------------------------------- ------------- 7160 3901 9849 3119 --- 0799 TO: SUSAN MURPHY LONG P.O. BOX 10614 HARRISBURG, PA 17105 SENDER: NJD neconnunn. 113168- LONG RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mall 7160 3901 9849 3119 0751 TO: SUSAN MURPHY LONG 1519 CARLISLE ROAD CAMP HILL, PA 17011 4-OA a - SENDER: NJD REFERENCE: 113168- LONG s RETURN Postage I RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery 0 00 Total Postage d Fees r `b I US Postal Sel RK OR'OATE PO?' Receipt for ,, Certified Mail j No Insurance Coverage Provided Do Not Use for International Mail 7160 3901 9849 3119 0812 TO. STEPHEN MICHAEL LONG P.O. BOX 10614 HARRISBURG, PA 17105 ??LA SENDER: NJD REFERENCE: 113168- LONG 37 RETURN Postage 2.30 RECEIPT SERVICE Certifietl Fee I.75 Return Receipt Fee 0.00 Restricted Delivery . 4.42 Total Postage & Fees I R ATE US Postal SeMCe PO Okk h Receipt for Certified Mail I No Insurance Coverage Proviied ----------------------- Do Not Use for International Mail r-a Cl r-' ?: i r - i ?? f' C..» - ? r? '' w r,_, . ?: Mortgage Electronic Registration Systems, Inc VS Susan Murphy Long and Stephen Michael Long In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-2193 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Surcharge 30.00 Prothonotary 1.00 Law Library .50 Poundage 18.62 Advertising 15.00 Levy 15.00 Posting Handbills 15.00 Postpone Sale 20.00 Certified Mail 3.09 Mileage 29.92 Share of Bills 19.57 Patriot News 369.20 Law Journal 383.00 $ 949.90 ? 9/J+/0(, 1;-- So Answers: R. Thomas Kline, Sherif B ReY 0 C?VI al Estate Sergeant J,SU ck s 3'? ??. r MORTGAGE ELECTRONIC y REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION SUSAN MURPHY LONG STEPHEN MICHAEL LONG NO. 05-2193-CIVIL 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 ,142 15TH STREET, UNIT B, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SUSAN MURPHY LONG STEPHEN MICHAEL LONG 142 15TH STREET, UNIT B NEW CUMBERLAND, PA 17070 142 15TH STREET, UNIT B NEW CUMBERLAND, PA 17070 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CARRIE LEVANS AND TIM WELDON 112 WEST MAIN STREET, APT./STE. 4 MECHANICSBURG, PA 17055 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 142 15TH STREET, UNIT B NEW CUMBERLAND, PA 17070 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 15, 2005 b.J A I"- - DATE DANIEL G. SCHMIEG, UIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. SUSAN MURPHY LONG STEPHEN MICHAEL LONG Defendant(s). CUMBERLAND COUNTY No. 05-2193-CIVIL December 15, 2005 TO: SUSAN MURPHY LONG 142 15TH STREET, UNIT B NEW CUMBERLAND, PA 17070 STEPHEN MICHAEL LONG 142 15TH STREET, UNIT B NEW CUMBERLAND, PA 17070 **THIS FIRMISA DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND 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, 142 15TH STREET, UNIT B, NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriffs Sale on JUNE 07, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $78,186.74 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: 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 maybe 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.) 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer 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 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 ALL THAT CERTAIN unit in the property known, named and identified in the Declaration referred to below as "Cumberland Crossings Condominium" as recorded in Plan Book 55, Page 43, located in the Borough of New Cumberland, Cumberland County, Pennsylvania, which has heretofore been submitted pursuant to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. C. S. 3101 by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration dated March 1, 1988, and recorded March 25, 1988, in Miscellaneous Book 347, Page 1111 and amendments recorded in Miscellaneous Books 348-120, 348-458, and 553-825, as the same shall be amended from time to time, being and designated in such Declaration, as the same is amended from time to time, as Unit No. 2, also known as 142-13, as more fully described in said Declaration, as the same may be amended from time to time, together with a proportionate undivided interest in the Common Elements (as defined in said Declaration) of 12.5%. Francis R. Miller, Jr., and Keith E. Peifer, the developers, reserve the right, in accordance with said Declaration, to reduce and reallocate Grantees' proportionate, undivided interest in the Common Elements as provided in the Declaration, as the same may be amended from time to time. Being known as: 142 15TH STREET, UNIT B, NEW CUMBERLAND, PA 17070 Tax Parcel: 26-23-0541-218A TITLE TO SAID PREMISES IS VESTED IN Stephen Michael Long and Susan Murphy Long, husband and wife by Deed from James T. Mardis and Cora 1. Mardis, husband and wife, dated 5/20/02 and recorded 5/24/02, in Deed Book 251, Page 4267. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-2193 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 SUSAN MURPHY LONG AND STEPHEN MICHAEL LONG, 142 15TH STREET, UNIT B, NEW CUMBERLAND PA 17070. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 142 15TH STREET, UNIT B, NEW CUMBERLAND PA 17070 (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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $78,186.74 L.L. $.50 Interest FROM 12/13/05 TO 6/7/06 @ $12.85 PER DIEM = $2,274.45 Atty's Comm % Atty Paid $214.42 Plaintiff Paid Date: DECEMBER 16,,2005 Due Prothy $ 1.00 Other Costs CURTIS RZO G Prothonotary (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ. Address: ONE PENN CENTER @ SUBURBAN STATION 1617 JFK BLVD., SUITE 1400, PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 By: Deputy Real Estate Sale # 26 On February 13, 2006 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 142 15th Street, Unit B, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 13, 2006 By: \j I q J?U?, Real Estate Sergeant 91 -Z CJ Oz 330 E601 -43 83HS AJ 20 1djdWQ 331_4.j() PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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 7, 14, 21, 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. LLis Marie Coyne, Ed/or SWORN TO AND SUBSCRIBED before me this 21 day of April, 2006 Lrro " ?r?f N13,iUry P -Nic • i t r ? 4' REAL ESTATE SALE NO. 26 Writ No. 2005-2193 Civil Mortgage Electronic Registration Systems, Inc. VS. Susan Murphy Long and Stephen Michael Long Atty.: Daniel Schmieg ALL THAT CERTAIN unit in the property known, named and identi- fied in the Declaration referred to below as "Cumberland Crossings Condominium" as recorded in Plan Book 55, Page 43, located in the Borough of New Cumberland, Cumberland County, Pennsylvania, which has heretofore been submit- ted pursuant to the provisions of the Pennsylvania Uniform Condo- minium Act, 68 Pa. C.S. 3101 by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration dated March 1, 1988, and recorded March 25, 1988, in Miscellaneous Book 347, Page 1111 and amendments re- corded in Miscellaneous Books 348- 120, 348-458, and 553-825, as the same shall be amended from time to time, being and designated in such Declaration, as the same is amended from time to time, as Unit No. 2, also known as 142-13, as more fully described in said Decla- ration, as the same may be amended from time to time, together with a proportionate undivided interest in the Common Elements (as defined in said Declaration) of 12.5%. Francis R. Miller, Jr., and Keith E. Peifer, the developers, reserve the right, in accordance with said Dec- laration, to reduce and reallocate Grantees' proportionate, undivided interest in the Common Elements as provided in the Declaration, as the same may be amended from time to time. Being known as: 142 15TH STREET, UNIT B, NEW CUMBER- LAND, PA 17070. Tax Parcel: 26-23-0541-218A TITLE TO SAID PREMISES IS VESTED IN Stephen Michael Long and Susan Murphy Long, husband and wife by Deed from James T. Mardis and Cora I. Mardis, husband and wife, dated 5/20/02 and re- corded 5/24/02, in Deed Book 251, Page 4267. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of April and the 3rd day(s) of May 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 of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#26 ....................... ......................... Sworn to and subW'd e me this 18th day of May 2006. A.D. AIl1TA (11A1 rrw. L. Russell, Notary Public 6, NOTAIW PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 D ALL IW CUM" D!K it *e psVM rdwd to beiod i?HaotSS, !'ire cmdMWO6 43, +y ba Mpg 1?,, ; :3t by do of Do* of 'gout 3+?. 1 lilt mod. s ?,. ;. e?rfeaer Hoch be tb?e, *eft _d 400*0 is wcb C?1t ?s:?? ]mow t as a* ? defied in aid x*CA" ° dot eiiiF?ld:???' :?cae?`.fio`;d? ? ww,•? DerleallPr?; ? ?,?+a?Mv a. New a rvw 1r218A -A-wfY\'e is vow in vonfism 4247. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. SUSAN MURPHY LONG STEPHEN MICHAEL LONG Defendant(s). No. 05-2193-CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 12/13/05 to SEPTEMBER 5, 2007 (per diem -$12.85) $78,186.74 $ 8.121.20 and Costs TOTAL $92,090.90 ANIEL MIEG QUIRE One Penn Center at Sub an 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. d W a U ,? pO t Od ?4? ? ?v o H U So w.. O ? H? o W W 00 U T o Y 47 a ?b O O r O O r.. r r,, ? d da a A z v? 3w w N CIA d tw 1?+ 'bo 10 00 \IAN V9_ \ 1 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Stephen M Long Susan M Long Debtor(s) Chapter 13 Case No.: 1:06-bk-01109 ORDER DISMISSING CASE Upon consideration of Motion to Dismiss Case upon the basis that the plan is unconfirmable, and it having been determined that this case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. By tile COMI, Bang rup y Judge (BR) This document is electronically signed and filed on the same date. Date: March 8, 2007 MOPA-018MISS2MPT REV 6105 #ECEIVED JUL 19 100 IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA Mortgage Electronic Registration Systems, Inc. vs. Susan Murphy Long Stephen Michael Long COURT OF COMMON PLEAS CIVIL DIVISION Cumberland COUN'T'Y NO. 05-2193-Civil ORDER AND NOW, this a S' day of , 2005, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on the above captioned Defendants, Susan Murphy Long and Stephen Michael Long, by: 1. First class mail to Susan Murphy Long and Stephen Michael Long at the last known addresses, 1519 Carlisle Road, Camp Hill, PA 17011, P.O. Box 10614, Harrisburg, PA 17105 and the mortgaged premises located at 142 15th Street, Unit B, New Cumberland, PA 17070; and 2. Certified mail to Susan Murphy Long and Stephen Michael Long at the last known addresses of 1519 Carlisle Road, P.O. Box 10614, Harrisburg, PA 17105 Camp Hill, PA 17011 and the mortgaged premises located at 142 15th Street, Unit B, New Cumberland, PA 17070. TRUE COPY FROM RECORv in Todbrmy wtweat, l lws uoW set al hand Md the pet of said W at Carlisle, Pa. fhTt .? _5 a _=rr 8ll," ?ftsl BY THE COURT: J. ALL THAT CERTAIN unit in the property known, named and identified in the Declaration referred to below as "Cumberland Crossings Condominium" as recorded in Plan Book 55, Page 43, located in the Borough of New Cumberland, Cumberland County, Pennsylvania, which has heretofore been submitted pursuant to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. C. S. 3101 by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration dated March 1, 1988, and recorded March 25, 1988, in Miscellaneous Book 347, Page 1111 and amendments recorded in Miscellaneous Books 348-120, 348-458, and 553-825, as the same shall be amended from time to time, being and designated in such Declaration, as the same is amended from time to time, as Unit No. 2, also known as 142-B, as more fully described in said Declaration, as the same may be amended from time to time, together with a proportionate undivided interest in the Common Elements (as defined in said Declaration) of 12.5%. Francis R. Miller, Jr., and Keith E. Peifer, the developers, reserve the right, in accordance with said Declaration, to reduce and reallocate Grantees' proportionate, undivided interest in the Common Elements as provided in the Declaration, as the same may be amended from time to time. Being known as: 142 15TH STREET, UNIT B, NEW CUMBERLAND, PA 17070 Tax Parcel: 26-23-0541-218A TITLE TO SAID PREMISES IS VESTED IN Stephen Michael Long and Susan Murphy Long, husband and wife by Deed from James T. Mardis and Cora I. Mardis, husband and wife, dated 5/20/02 and recorded 5/24/02, in Deed Book 251, Page 4267. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. SUSAN MURPHY LONG STEPHEN MICHAEL LONG Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-2193-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 14215TH STREET, UNIT B, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SUSAN MURPHY LONG STEPHEN MICHAEL LONG 142 15TH STREET, UNIT B NEW CUMBERLAND, PA 17070 14215TH STREET, UNIT B NEW CUMBERLAND, PA 17070 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CARRIE LEVANS AND TIM WELDON 112 WEST MAIN STREET, APT./STE. 4 MECHANICSBURG, PA 17055 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare KENNETH A. WISE, ESQUIRE 14215TH STREET, UNIT B NEW CUMBERLAND, PA 17070 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 126 LOCUST ST HARRISBURG, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. April 5, 2007 Z444 DATE D KIEL G. SCH G, ESQUIRE Attorney for Plaintiff G. N C=D '"- _.._ _ cC.) c:D 5a .< 1 T' "? 1 e 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. V. Plaintiff, SUSAN MURPHY LONG STEPHEN MICHAEL LONG Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-2193-CIVIL 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 A ( ) 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. AXIIJ I 'rn - DANIEL G. CHMIE ESQUIRE Attorney for Plaintiff C? c ? a r 1 ...' 1. ..... '_,} Fri C 3 G'A ?} I . C D . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. SUSAN MURPHY LONG STEPHEN MICHAEL LONG Defendant(s). TO: SUSAN MURPHY LONG April 5, 2007 14215TH STREET, UNIT B NEW CUMBERLAND, PA 17070 CUMBERLAND COUNTY No. 05-2193-CIVIL STEPHEN MICHAEL LONG 142 15TH STREET, UNIT B NEW CUMBERLAND, PA 17070 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at 142 15TH STREET, UNIT B, NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $78,186.74 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: 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.) f YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer 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 ALL THAT CERTAIN unit in the property known, named and identified in the Declaration referred to below as "Cumberland Crossings Condominium" as recorded in Plan Book 55, Page 43, located in the Borough of New Cumberland, Cumberland County, Pennsylvania, which has heretofore been submitted pursuant to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. C.S. 3101 by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration dated March 1, 1988, and recorded March 25, 1988, in Miscellaneous Book 347, Page 1111 and amendments recorded in Miscellaneous Books 348-120, 348-458, and 553-825, as the same shall be amended from time to time, being and designated in such Declaration, as the same is amended from time to time, as Unit No. 2, also known as 142-B, as more fully described in said Declaration, as the same may be amended from time to time, together with a proportionate undivided interest in the Common Elements (as defined in said Declaration) of 12.5%. Francis R. Miller, Jr., and Keith E. Peifer, the developers, reserve the right, in accordance with said Declaration, to reduce and reallocate Grantees' proportionate, undivided interest in the Common Elements as provided in the Declaration, as the same may be amended from time to time. Being known as: 142 15TH STREET, UNIT B, NEW CUMBERLAND, PA 17070 Tax Parcel: 26-23-0541-218A TITLE TO SAID PREMISES IS VESTED IN Stephen Michael Long and Susan Murphy Long, husband and wife by Deed from James T. Mardis and Cora I. Mardis, husband and wife, dated 5/20/02 and recorded 5/24/02, in Deed Book 251, Page 4267. Oo T: jai WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-2193 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 SUSAN MURPHY LONG AND STEPHEN MICHAEL LONG (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$78,186.74 L.L. Interest FROM 12/13/05 TO SEPTEMBER 5, 2007 (PER DIEM - $12.85) - $8,121.20 AND COSTS Atty's Comm % Atty Paid $1,185.82 Due Prothy $2.00 Other Costs Plaintiff Paid Date: APRIL 11, 2007 (Seal) l/ Corti . Long, P to By: 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 Deputy Supreme Court ID No. 62205 Mortgage Electronic Registration Systems, Inc. In The Court of Common Pleas of VS Cumberland County, Pennsylvania Susan Murphy Long and Stephen Michael Long Writ No. 2005-2193 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff s Costs: Docketing $30.00 Poundage 1.81 Levy 15.00 Mileage 13.44 Prothonotary 2.00 Surcharge 30.00 G f z8 f ?? `? $92.25 ? R. Thomas Kline, Sheriff BYS? Real Estate ergeant .2. L10 s°f ) gy 4'" / #q-f4 f • MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. . CIVIL DIVISION SUSAN MURPHY LONG STEPHEN MICHAEL LONG NO. 05-2193-CIVIL 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 ,14215TH STREET, UNIT B, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SUSAN MURPHY LONG STEPHEN MICHAEL LONG 142 15TH STREET, UNIT B NEW CUMBERLAND, PA 17070 142 15TH STREET, UNIT B NEW CUMBERLAND, PA 17070 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CARRIE LEVANS AND TIM WELDON 112 WEST MAIN STREET, APT./STE. 4 MECHANICSBURG, PA 17055 r` ' 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare KENNETH A. WISE, ESQUIRE 142 15TH STREET, UNIT B NEW CUMBERLAND, PA 17070 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 126 LOCUST ST HARRISBURG, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. April 5, 2007 -- AAJJ4,? ?, DATE D IEL G. SC G, ESQUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. SUSAN MURPHY LONG STEPHEN MICHAEL LONG Defendant(s). CUMBERLAND COUNTY No. 05-2193-CIVIL April 5, 2007 TO: SUSAN MURPHY LONG 14215TH STREET, UNIT B NEW CUMBERLAND, PA 17070 STEPHEN MICHAEL LONG 14215TH STREET, UNIT B NEW CUMBERLAND, PA 17070 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA 7TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 142 15TH STREET, UNIT B, NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $78,186.74 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: 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) 3-7000. 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 I ALL THAT CERTAIN unit in the property known, named and identified in the Declaration referred to below as "Cumberland Crossings Condominium" as recorded in Plan Book 55, Page 43, located in the Borough of New Cumberland, Cumberland County, Pennsylvania, which has heretofore been submitted pursuant to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. C.S. 3101 by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration dated March 1, 1988, and recorded March 25, 1988, in Miscellaneous Book 347, Page 1111 and amendments recorded in Miscellaneous Books 348-120, 348-458, and 553-825, as the same shall be amended from time to time, being and designated in such Declaration, as the same is amended from time to time, as Unit No. 2, also known as 142-B, as more fully described in said Declaration, as the same may be amended from time to time, together with a proportionate undivided interest in the Common Elements (as defined in said Declaration) of 12.5%. Francis R. Miller, Jr., and Keith E. Peifer, the developers, reserve the right, in accordance with said Declaration, to reduce and reallocate Grantees' proportionate, undivided interest in the Common Elements as provided in the Declaration, as the same may be amended from time to time. . Being known as: 142 15TH STREET, UNIT B, NEW CUMBERLAND, PA 17070 Tax Parcel: 26-23-0541-218A TITLE TO SAID PREMISES IS VESTED IN Stephen Michael Long and Susan Murphy Long, husband and wife by Deed from James T. Mardis and Cora I. Mardis, husband and wife, dated 5/20/02 and recorded 5/24/02, in Deed Book 251, Page 4267. r_ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-2193 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 SUSAN MURPHY LONG AND STEPHEN MICHAEL LONG (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$78,186.74 L.L. Interest FROM 12/13/05 TO SEPTEMBER 5, 2007 (PER DIEM - $12.85) - $8,121.20 AND COSTS Atty's Comm % Atty Paid $1,185.82 Plaintiff Paid Date: APRIL 11, 2007 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Due Prothy $2.00 Other Costs ?' ?-iM4.v Curd'sR. Lo onot By: Deputy 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 ? 3 Real Estate Sale # 10 On April 13, 2007 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 142 15th Street, Unit B, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: April 13, 2007 By: v O Real Estate Sergeant z ` i PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. No. 05-2193-CIVIL SUSAN MURPHY LONG STEPHEN MICHAEL LONG Defendant(s). Amount Due Interest from 12/13/2005 - 12/10/2008 (per diem -$12.85) Add'1 Costs TOTAL $78,186.74 $14,057.90 and Costs $8,854.72 $101,099.36 f-?? ?J. SJAL4,? DANIEL G. SCHMIEG, ESQUIU/ One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: 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. 1131683 0 d H P U ? a a? as a ? a c,? rn w LW7 a+-+ ? ? W ° H U L7 ?,??„ a'' x' U G ? r Q o t... as ?v 3w H WW o ? C/1 N tw d M a f r LEGAT, DESCRIPTION ALL C .'_unit.in the property known' named and identified in the Declaration referred to below as "Cumberland crossings Condominium" as recorded in Plan Book 55, Page 43, located in .the Borough of New Cumberland, Cumberland County, Pennsylvania, which has heretofore been submitted pursuant to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. C.s. 3101 by the recording in the Office of the Recorder o Deeds of Cumberland. County of a Declaration dated March 1,. 1988, and recorded March_25,.1988, in ;Miscellaneous Book 341, Page 1111, and amendments recorded in ,Miscellaneous Books 348-120, 348=458, and 553-82S, as the same shall be amended from time to time, being and designated in such ;Declaration, as the same is amended from time to time, as Unit No. 2, also known as 142-B, as more fully described in said Declaration, as )the same may be amended from time to time, together with a -proportionate undivided interest in the Common Elements (as defined in )said Declaration) of 12.5%. Francis R_ Miller, Jr., and Keith E. aPeifer, the developers, reserve the right, in accordance with said Declaration, to reduce and reallocate Granteesf proportionate, undivided interest in the Common Elements as provided in the .Declaration, as the sage may be amended from time to time. BEING the same premises which Thomas F. Lamb and Barbara Laub, husband and wife, by their deed dated February 28, 1994, and recorded March 8, 1994, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 102, Page 480, granted and conveyed unto James T. Mardis and Cora I. Mardis, husband and wife, Grantors herein. PROPERTY BEING: I'° 15TH STREET difffTB BEING THE SAME PREMISES VESTED IN Stephen Michael Long and Susan Murphy Long, husband and wife by Deed from James T. Mardis and Cora I. Mardis, husband and wife, dated 5/20/02 and recorded 5/24/02, in Deed Book 251, Page 4267. PREMISES BEING: 142 15TH STREET, UNIT B, NEW CUMBERLAND, PA 17070 PARCEL NO. 26-23-0541-218A ? c vti ? -c 71 1 rx %JD v) a MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. SUSAN MURPHY LONG STEPHEN MICHAEL LONG Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-2193-CIVIL 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 ,142 15TH STREET, UNIT B, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SUSAN MURPHY LONG STEPHEN MICHAEL LONG 14215TH STREET, UNIT B NEW CUMBERLAND, PA 17070 14215TH STREET, UNIT B NEW CUMBERLAND, PA 17070 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Carrie Levans and Tim Weldon 112 West Main St. Apt/Ste 4 Mechanicsburg, PA 17055 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) New Cumberland Boro 1120 Market Street, P.O. Box 220 New Cumberland, PA 17070 Township of Hampden 230 S. Sporting Hill Road Mechanicsburg, PA 17055 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Kenneth A. Wise, Esq. Cumberland Crossings Condominium Association Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Last Known Address (if address cannot be reasonably ascertained, please indicate) 126 Locust Street Harrisburg, PA 17108 1 LONGSDORF WAY CARLISLE, PA 17015-7623 14215TH STREET, UNIT B NEW CUMBERLAND, PA 17070 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6"' Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. July 1, 2008 DATE DANIEL G. SCHMIEG, ESQL I Attorney for Plaintiff tom' ,?.,. ?? ,? ? ? C c? 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. SUSAN MURPHY LONG . STEPHEN MICHAEL LONG . Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-2193-CIVIL 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: 0 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. DANIEL G. SCH IEG, ESQUIF?Ej Attorney for Plaintiff ®r--, t MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. SUSAN MURPHY LONG STEPHEN MICHAEL LONG Defendant(s). CUMBERLAND COUNTY No. 05-2193-CIVIL July 1, 2008 TO: SUSAN MURPHY LONG 14215TH STREET, UNIT B NEW CUMBERLAND, PA 17070 STEPHEN MICHAEL LONG 14215TH STREET, UNIT B NEW CUMBERLAND, PA 17070 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. ** Your house (real estate) at, 142 15TH STREET, UNIT B. NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $78,186.74 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: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer 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 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 i L EG AL DESCRIPTION ALL -IHAT CR= '.,unit. in the property :known; named- and identified in the Declaration referred. to below as "Cumberland Crossings Condominitam'w 4s .recorded' in Plan 'Hook 55, Page 43, located. in. the Borough of New Cumberland, -Cumberland County, Pennsylvania, which has heretofore been submitted pursuant to the provisions of the- Pennsylvania Uniform Condominium Act, 68; Pa_ C.S. 3101 by the recording in the Office of the Recorder V Deeds of Cumberland..Cownty of a Declaration dated March 1,. 1988, and recorded March 25,,1988, in Miscellaneous Book 347, Wage 1111, and amendments recorded in '-Miscellaneous Books 348-120, 348-458, and 553-82S, as the same shall be amended from time to time., being and designated in such ..Declaration, as the same is amended from time to time, as Unit No..2, also known as 142-B, as more fully described in said Declaration, as Ithe same may be amended from time to time, together with a 1proportionate undivided interest in the Common Elements (as defined in isaid Declaration) of 12.5%, Francis R_ Miller, Jr., .and Keith E. iPeifer, the developers, reserve the right, in accordance with said Declaration, to reduce and reallocate .Grantees' proportionate, undivided interest in the Common Elements as provided in the Declaration, as the same may be amended from time to time- BEING the same premises which Thomas F. Lamb and Barbara Lamb, husband and wife, by their deed dated February 28, 1394, and recorded March 6, 1994, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 102, Page 4801 granted and conveyed unto James T. Mardis and Cora 1. Mardis, husband and wife, Grantors herein. PROPERTY BEING- 1 ZSTH STZEET i f•=B BEING THE SAME PREMISES VESTED IN Stephen Michael Long and Susan Murphy Long, husband and wife by Deed from James T. Mardis and Cora I. Mardis, husband and wife, dated 5/20/02 and recorded 5/24/02, in Deed Book 251, Page 4267. PREMISES BEING: 142 15TH STREET, UNIT B, NEW CUMBERLAND, PA 17070 PARCEL NO. 26-23-0541-218A r Case 1:07-bk-01793-RNO Doc 60 Filed 06/13/08 Entered 06/13/08 15:20:53 Desc Main Document Page 1 of 1 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: STEPHEN M LONG SUSAN M LONG Chapter 13 Case No.: 1:07-bk-01793 RNO Debtor(s) ORDER DISMISSING CASE Upon consideration of Trustee's Certification of Default on the Stipulation regarding Motion to Dismiss Case for Material Default and hearing held on June 12, 2008, and it having been determined that this case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. Dated: June 13, 2008 6LA u, ?? 1,r RoWrt N. Opel, U, BuldWtcy Jvdp This document is elecpvnicaay signed and Aled on the same date. MDPA-DISMISS2MPT REV 04108 w -? .C ? '? ? ?+ IREcEivEO JUL ism IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA Mortgage Electronic Registration Systems, Inc. vs. Susan Murphy Long Stephen Michael Long COURT OF COMMON PLEAS CIVIL DIVISION Cumberland COUNTY NO. 05-2193-Civil ORDER AND NOW, this ?S &-- day of UA- , 2005, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on the above captioned Defendants, Susan Murphy Long and Stephen Michael Long, by: 1. First class mail to Susan Murphy Long and Stephen Michael Long at the last known addresses, 1519 Carlisle Road, Camp Hill, PA 17011, P.O. Box 10614, Harrisburg, PA 17105 and the mortgaged premises located at 142 15th Street, Unit B, New Cumberland, PA 17070; and 2. Certified mail to Susan Murphy Long and Stephen Michael Long at the last known addresses of 1519 Carlisle Road, P.O. Box 10614, Harrisburg, PA 17105 Camp Hill, PA 17011 and the mortgaged premises located at 142 15th Street, Unit B, New Cumberland, PA 17070. BY THE COURT: TRADE COPY FROM RECOIW in Todkmy wtlereot,l two uata set al hand VW rd so of Saw Cp? a Cal*, Pa. l -A '-ftsJ ,vr,a . tda J. 0 ?- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-2193 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 SUSAN MURPHY LONG STEPHEN MICHAEL LONG 142 15TH STREET UNTI B NEW CUMBERLAND PA 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $78,186.74 L.L. Interest FROM 12/13/05-12/10/08 (PER DIEM-$12.85) $14,057.90 Atty's Comm % Due Prothy $2.00 Atty Paid $1,302.07 Plaintiff Paid Other Costs $8,854.72 Date: July 3, 2008 (Seal) REQUESTING PARTY: Name DANIEL G SCHMIEG, ESQ Address: ONE PENN CENTER AT SUBURBAN STATION Deputy 1617 JOHN F KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 S Y (iii 2. DX6 L?ktis R. Long, Prothonotar?J By: Supreme Court ID No. 62205 . ?t A. Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. SUSAN MURPHY LONG STEPHEN MICHAEL LONG Defendant(s). Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-2193-CIVIL Sale Date: DECEMBER 10, 2008 AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 Daniel G. Schmieg, Esquire, Attorney for Plaintiff, hereby certifies that service of the Notice of Sheriff's Sale was made by sending a true and correct copy by regular mail to KENNETH A. WISE, ESQ., Attorney of Record for Defendant(s), SUSAN MURPHY LONG & STEPHEN MICHAEL LONG at 126 LOCUST STREET, HARRISBURG, PA 17108 on JULY 9, 2008. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification to authorities. : SCHMIEG, LLP By: Dated: July 11, 2008 ESQUIRE •"V ? a C o? p.; o u C7 0 `? •? b ? rz ? a as U y o Q ^ ao °? ? L C 'A C ? •a PC CA cc do £0 L6 L 3000 diZ wosi amivvY 8002 60inr 0WS w 00 " ? . o t+O $ 09ti ? sMIM ' c yT7 0 O ?1 A s y E ._ h U y N _ N y O E ? .C N V O O r v d .IJ. ? N ? _ 6 E m ? a 5 Q x F? u qw• v ? ? w g •ao h m •? ? O'er O ? C C) ? ? M CO it u ° o •ti. o H - o w w0=w 0-- ? ' a5 'O ' C •U .? ,? ? O ? 0 A J . td V m v?oxu? 00 C3 ~ w l?') O O y O p' vi C4 y„Q ?a 3 wa a (41 o C) a ¢ '?? w v x > x a o a y (au . .--i i ? U U U u d 7 ¢ > ? 00 ^o 0 ^ w ?LI), o ' ?~ Y L" y .b N (? ¢ c (V cq N r. ?. 00 d o f a w w w zH? as c ?a ' 0 3 oV C7 x O , owl ? ?' A, N 4) c? o o w 0 ? CL o U `, ? z O w a? a E . (s1 z o U w 3 ? ¢ 4, 00 ° ? ? ? U ?a 00 co fl ~U" a?"" W j Np0 O? o ?i o k Q y Y c fl? a i G 0 Nom? 9A ?C7 z ?a i6 z 3 . 3 30 a r z U O a0 A o z? CN W ? U ? ?o N ?N C-4 U u o d Ha 4 U a U - z ?o a L ? o Z v y ° as N M v1 r 00 ° a LS, i E 5'A US Bank NA In The Court of Common Pleas of VS Cumberland County, Pennsylvania Stephen Michael Long and Susan Murphy Long Writ No. 2005-2193 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriffs Costs: Docketing Poundage Advertising Posting Handbills Prothonotary Levy Mileage Certified Mail Surcharge Patriot News Share of Bills So Answers: R. Thomas Kline, Sheriff Bj Real Estat Sergeant 30.00 6.35 15.00 15.00 2.00 15.00 17.00 34.26 30.00 144.29 14.92 $323.82 -7 f MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. SUSAN MURPHY LONG STEPHEN MICHAEL LONG Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-2193-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 14215TH S'T'REET, UNIT B, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SUSAN MURPHY LONG STEPHEN MICHAEL LONG 142 15TH STREET, UNIT B NEW CUMBERLAND, PA 17070 142 15TH STREET, UNIT B NEW CUMBERLAND, PA 17070 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Carrie Levans and Tim Weldon 112 West Main St. Apt/Ste 4 Mechanicsburg, PA 17055 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) New Cumberland Boro 1120 Market Street, P.O. Box 220 New Cumberland, PA 17070 M Township of Hampden 230 S. Sporting Hill Road Mechanicsburg, PA 17055 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) Kenneth A. Wise, Esq. Cumberland Crossings Condominium Association Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 126 Locust Street Harrisburg, PA 17108 1 LONGSDORF WAY CARLISLE, PA 17015-7623 142 15TH STREET, UNIT B NEW CUMBERLAND, PA 17070 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6t" Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. 1 1, July 1, 2008 DATE DANIEL G. SCHMIEG, ESQ I Attorney for Plaintiff it MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. SUSAN MURPHY LONG STEPHEN MICHAEL LONG Defendant(s). CUMBERLAND COUNTY No. 05-2193-CIVIL July 1, 2008 TO: SUSAN MURPHY LONG 142 15TH STREET, UNIT B NEW CUMBERLAND, PA 17070 STEPHEN MICHAEL LONG 14215TH STREET, UNIT B NEW CUMBERLAND, PA 17070 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 142 15TH STREET, UNIT B. NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriff s Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $78,186.74 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: 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. i You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the 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 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 M LEGAL DESCRIPTION ALL 'TW GERTAW -unit. in the property :known, named and identified in the Declaration referred to below as "Cumberland Crossings Condominium' as recorded in plan Book 55, Page 43, located. in the Borough of New Cumberland, Cumberland County, Pennsylvania, which has heretofore been submitted pursuant to the provisions of the Pennsylvania Uniform Condoadnium Act, 68; Pa. C.S. 3141 by the recording in the Office of the Recorder oL.Deeds of Cumberland.. County of a Declaratian dated March 1,. 1988, and recorded March 25, 1988, in Miscellaneous Book 347, Page 1111, and amendments recorded in Miscellaneous Books 348-120, 348=458, and 553--825, as the same shall be amended from time to time, being and designated in such :Declaration, as the same is amended from time to time, as Unit No.,2, also known as 142-B, as more fully described in said Declaration, as 'the same may be amended from time-to time, together with a -yproportionate undivided interest in the Common Elements (as defined gin:. jsaid Declaration) of 12.5%. Francis'R_ Miller, Jr., and Keith E. 'Peifer, the developers, reserve the right, in accordance with said Declaration, to reduce and reallocate Grantees' proportionate, ;undivided interest in the Common Elements as provided in the ,Declaration, as the same may be amended from time to time. BEI-N(; the same premises which Thomas F. Lamb and Barbara Lamb, husband and wife, by their deed dated February 28, 1994, and recorded March 8, 1994, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 102, Page 480, granted and conveyed unto James T. Mardis and Cora 1. Mardis, husband and wife, Grantors herein. PROPERTY BEING- 1 151H STiZEET Oft B BEING THE SAME PREMISES VESTED IN Stephen Michael Long and Susan Murphy Long, husband and wife by Deed from James T. Mardis and Cora I. Mardis, husband and wife, dated 5/20/02 and recorded 5/24/02, in Deed Book 251, Page 4267. PREMISES BEING: 142 15TH STREET, UNIT B, NEW CUMBERLAND, PA 17070 PARCEL NO. 26-23-0541-218A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-2193 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 SUSAN MURPHY LONG STEPHEN MICHAEL LONG 142 15TH STREET UNTI B NEW CUMBERLAND PA 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $78,186.74 L.L. Interest FROM 12/13/05-12/10/08 (PER DIEM-$12.85) $14,057.90 Atty's Comm % Due Prothy $2.00 Atty Paid $1,302.07 Other Costs $8,854.72 Plaintiff Paid Date: July 3, 2008 (Seal) REQUESTING PARTY: Name DANIEL G SCHMIEG, ESQ Address: 'ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 s is R. Long, Prothonotary By: Deputy Real Estate Sale #26 On August 18, 2008 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 142 15th Street, Unit B, New Cumberland more fully described on Exhibit "A" CUO filed with this writ and by this reference cCal_...s- incorporated herein. Date: August 18, 2008 By: 1 CJ Real Est Sergeant The Patriot-News Co. ` 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c?he ?lahiot•News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid, that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/29/08 Sworn to and subscribed before me this 25 day of November, 2008 A.D. Notary Public S&IJeioN P u0+1e1009sy elueAlAsuued 'aegwaW '9t N seuisbc3 uws+?uauoJ AN FTWO 0ul4 dnea'Fyrtgs!+,eHlO40 oilQnd &MON `s USN -181L84S ieaS fePelON VIN` A-IASNN3d d0 HEIV3 Real Estate Sale No. 26 Writ No. 2005-2193 Civil Term Mortgage Electronic Registration Systems, Inc. VS Susan Murphy Long and Stephen Michael Long Attorney Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN unit in the propert known, names and identified in the Declaration referred to below as "Cumberland Crossings Condominium" as recorded in Plan Book 55 Page 43, located in the Borough of New Cumberland„ Cumberland County, Pennsylvania, which was heretofore been submitted pursuant to tire-provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. C.S. 3101 by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration dated March 1, 1988, and recorded March 25, 1988, in Miscellaneous Book 347, Page 1111, anti amendments recorded in Miscellaneous Books, 348-120, 348458, and 553-825, as the same shall be amended from time to time, being and designated in such Declaration, as the same is amended from time to time, as Unit No. 2, also known as 142-B, as more fully described in said Declaration, as the same may be amended from time to time, together with a proportionate undivided interest in the Common Elements (as defined in said Declaration) of 12,5%. Francis R. Miller, Jr., and Keith E: Peifer. the developers, reserve the right, in accordance with said Declaration, to reduce and reallocate Grantees' proportionate, undivided interest in the Common Elements as provided in the Declaration, as the same may be amended from time to time. BEING the same premises which Thomas F. Lamb and Barbara Lamb, husband and wife, by their deed dated February 28, 1994. and recorded March 8, 1994, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 102, Page 480, granted and conveyed unto James T Mardis and Cora 1. Mardis, husband and wife, Grantors herein. PROPERTY BEING: 14215th Street Unit B BEING THE SAME PREMISES VESTED IN Stephen Michael Long and Susan Murphy Long. husband and wife by Deed from James T. Mardis and Cora I. Mardis, husband and wife. dated 5/20102 and recorded 5124/02, in Deed Book 251, Page 4267. PREMISES BEING: 14215TH STREET, UN 1`r B. NEW CUMBERLAND, PA 17070 1 ARCEL NO. 26-23-054 1 ? 18 .A Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff Mortgage Electronic Registration Systems, Inc. Plaintiff vs Susan M. Long Stephen M. Long Defendant TO THE PROTHONOTARY: Court of Common Pleas : I Civil Division : I Cumberland County : I No. 05-2193-CIVIL PHS# 113168 PR AECTPE Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. X Please mark judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: August 12, 2009 PHELAN HALLINAN & SCHMIEG, LLP By: La rence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779' Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff OF THE t?? t ;v . ?,;??4FY 2009 AUG 18 FM 12= 0 7