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HomeMy WebLinkAbout05-2505PHELAN IIALLINAN & SCHMIEG, LLP LAWRENCE. T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPFIIA,PA 19103 X51 563.7000_ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff V. NANCY M. SHEARER 153 SOUTHSIDE DRIVE NEWVILLE, PA 17241 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. aCr?? o?JZI?C???/ 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 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 0: 116418 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 ct 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 d: 116418 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: PHH MORTGAGE CORPORATION F/K/A CENDANT 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: NANCY M. SHEARER 153 SOUTHSIDE DRIVE NEWVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 10/01/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CENDANT MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1883, Page: 774 PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01 /01 /2005 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. Flte4: 116418 6. The following amounts are due on the mortgage: Principal Balance $101,834.58 Interest 2,204.16 12/01/2004 through 0511312005 (Per Diem $13.44) Attorney's Fees 1,250.00 Cumulative Late Charges 85.20 10/01/2004 to 05/13/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 105,923.94 Escrow Credit -254.29 Deficit 0.00 Subtotal $ 25429 TOTAL S 105,669.65 8. 9. 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured- WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 105,669.65, together with interest from 05/13/2005 at the rate of $13.44 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 HAL-LjINNAN & SCHMIEG, LLP By: 7s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Filets. [164[8 LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected, situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a spike in the center of Township Road No. 349 on the dividing line between Lots Nos. 14 and 15 on the hereinafter mentioned Plan of Lots; thence by said dividing line, South 00 degrees 10 minutes East 200 feet to an iron pin; thence North 84 degrees 26 minutes 20 seconds West 100 feet to an iron pin; thence by the Eastern side of a proposed street 50 feet wide, North 00 degrees 10 minutes West 200 feet to a spike in the center of Township Road 349 aforesaid; thence by the center of said Road, South 84 degrees 26 minutes 20 seconds Fast 100 feet to the place of BEGINNING. BEING Lot No. 14 on the Subdivision Plan of Lots of Thomas E. Meals, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 30, Page 27; and being improved with a dwelling house formerly known as R.D. 1, Box 606, Newville, PA 17241, now known as 153 Southside Drive, Newville, PA 17241. BEING the same premises which Gregory L. Burd and Cathy L. Burd, his wife, by their Deed dated April 18, 1988, and recorded April 20, 1988, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 3311, Page 181, granted and conveyed unto Craig A. Peters and Dixie A. Peters, his wife, Grantors herein. PREMISES: 153 SOUTHSIDE DRIVE File 8: 116418 MARC J. HINKLE hereby states that he/she is V.P. of CENDANT MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: 4? h1- - V ?O -c:)k s. 4> s SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-02505 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS SHEARER NANCY M 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 SHEARER NANCY M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to , SHEARER NANCY M the within named DEFENDANT 2199 PINE NEWVILLE DEFENDANT NO LONGER OWNS THIS PROPERTY. So answer R. Thomas Thomas Klin& Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 06/03/2005 Sheriff's Costs: Docketing 6.00 Service 8.88 Not Found 5.00 Surcharge 10.00 .00 29.88 Sworn and subscribed to before me this /y day of c? Jan A.D. ProNhdnotary f SHERIFF'S RETURN - REGULAR CASE NO: 2005-02505 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS SHEARER NANCY M BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHEARER NANCY M the DEFENDANT , at 1915:00 HOURS, on the 2nd day of June , 2005 at 153 SOUTHSIDE DRIVE NEWVILLE, PA 17241 by handing to NANCY SHEARER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.88 Affidavit .00 Surcharge 10.00 .00 36.88 Sworn and subscribed to before me this ;y day of 11(f Lx- A.D. rothonotary So Answers: R. Thomas Kline 06/03/2005 PHELAN HALLINAN SCHM?IE?G By. 0°l( ep ty Sheriff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 V. Plaintiff, NANCY M. SHEARER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2005-2505 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 NANCY M. SHEARER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 5/14/05 to 7/12/05 TOTAL $105,669.65 $ 806.40 $106,746.05 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. ?ZAN?E-t G. SCHMII Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS DATE:. 14- 1 t-ll ?60's INDICAT PRO PROTHY =0-7 (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. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. NANCY M. SHEARER Defendant(s). CIVIL DIVISION NO. 2005-2505 Notice is given that a Judgment in the above-captioned matter has been entered against you on 200.5. 13X ?A o O DEPUTY If you have any questions concerning this matter, please contact: - ` (kUWv ?? E E - - CH G QUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN A ION 1617 JOHN F. KENNEDY BLVD., SU E 00 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 AND SCHMIEG By: Francis S. Hallman, Esq., Id. No. 62695 ATTORNEY FOR PLAINTIFF One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 MORTGAGE ELECTRONIC REGISTRATION COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY NANCY M. SHEARER Defendants TO: NANCY M. SHEARER 153 SOUTHSIDE DRIVE NEWVILLE,PA 17241 DATE OF NOTICE: Di. NF. 23 2005 NO. 2005-2505 CIVIL r ^N 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 CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. NANCY M. SHEARER Defendant(s). NO. 2005-2505 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: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant () 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. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION D_fN1E4?G. SCHMII Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 ATTORNEY FOR PLAINTIFF (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. NANCY M. SHEARER Defendant(s). CIVIL DIVISION NO. 2005-2505 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 NANCY M. SHEARER is over 18 years of age and resides at, 153 SOUTHSIDE DRIVE, NEWVILLE, PA 17241. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. l (k G. SCHMII for Plaintiff V of _'?`. VV ? ?> o U ;i t to (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. No. 2005-2505 NANCY M. SHEARER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 7/12/05 to DECEMBER 7, 2005 (per diem -$17.50) $106,746.05 $2,590.00 and Costs TOTAL C ? Glk] $109,066.05 nNIEL G. SCHM1E,b, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Su 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. N a o `? wz ? a o ? v ,., .. w x ? O w ?+ H x ? w O n ? a U ?n ? C> ? tIl N \...r OE+ ??' ° ? Ct+ oA y ^ ? 1. W 'j, v? F? O V ? p O OU ?`? F d w ? ? P a? 'Z' ? ??.,? d 1 O O ? ? ,wt? ?? ?? H '? U r- ? T,, ?" ? ? i Ls r -.- ? 1 x CT' ^-? '< ? ? ? y ? ?; ? ? .? ??. ^•'? 3 ? t ii- _L- =-a .. t C? ?bt- ? ? ? ?- ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-2505 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 Nancy M. Shearer (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) (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 $106,746.05 L.L.$.50 Interest FROM 7/12/05 TO December 7, 2005 (per diem-$17.50) $2,590.00 and costs Any's Comm % Any Paid $148.76 Other Costs Plaintiff Paid Due Prothy $1.00 Date: JULY 14, 2005 CURTIS R. LONG Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name Daniel G. Schmieg, Esq. Address: One Penn Center at Suburban Station 1716 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff TRUE Cy^Py Fr,,'?M RECORD Telephone: 215-563-7000 It Testimony ?.h- r of, I h, re unto set my hand Supreme Court ID No. 62205 vnd the seal cf said Court at Carlisle, Pa. ihic ... . ....... day ofG? ......_, Prothonotary ALL that certain tract of land with the improvements thereon erected, situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a spike in the center of Township Road No. 349 on the dividing line between Lots Nos. 14 and 15 on hereinafter mentioned Plans of Lots; thence by said dividing line, South 00 degrees 14 minutes East 200 feet to an iron pin; thence North 84 degrees 26 minutes 20 seconds West 100 feet to an iron pin; thence by the Eastern side of a proposed street 50 feet wide, North 00 degrees 10 minutes West 200 feet to a spike in the center of Township Road 349 aforesaid; thence by the center of said Road, South 84 degrees 26 minutes 20 seconds East 100 feet to the place of BEGINNING. BEING Lot No. 14 on Subdivision Plan of Lots of Thomas E. Meals, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan }look 30, Page 27; and being improved with a dwelling house formerly known as R.D. 1, Box 606, Newville, PA 17241, now known as 1536 Southside Drive, Newville, PA 17241. BEING the same premises which Gregory L. Burd and Cathy L. Burd, his wife, by their Deed dated April 18, 1988, and recorded April 20, 1988, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 331L Page 181, granted and conveyed unto Craig A. Peters and Dixie A. Peters, his wife, Grantors herein. Parcel Number: 31-13-0112-469 TID F TO SAID PREMISES IS_VC•'S„TED M Nancy M. Shearer, single, by Deed from Craig A. Peters and Dixie A. Peters, his wife, dated 10-1-04 and recorded 10-5-04, in Deed 13twk 265, Page 3002. Premises: 153 Southside Drive, Newville, PA 17241 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. NANCY M. SHEARER Defendant(s). NO. 2005-2505 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 ,153 SOUTHSIDE DRIVE, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) NANCY M. SHEARER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION 153 SOUTHSIDE DRIVE NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please 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 153 SOUTHSIDE DRIVE NEWVILLE, PA 17241 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 unworn falsification to authorities. July 12, 2005 L L DATE DANTVL G. SCHMI Attorney for Plaintiff ?t3 - v, 4:- 0 T -? m "j in ;27 MORTGAGE ELECTRONIC REGISTRATION CUMBERLAND COUNTY SYSTEMS, INC. Plaintiff, No. 2005-2505 V. NANCY M. SHEARER Defendant(s). July 12, 2005 TO: NANCY M. SHEARER 153 SOUTHSIDE DRIVE NEWVILLE, PA 17241 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIYED 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 A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 153 SOUTHSIDE DRIVE, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on DECEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $106,746.05 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. 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 DESCRIYTI4N ALL that certain tract of land with the improvements thereon erected, situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows. BEGINNING at a spike in the center of Township Road No. 349 on the dividing tine between Lots Nos. 14 and 15 on hereinafter mentioned Plans of Lots; thence by said dividing line, South 00 degrees 10 minutes East 200 feet to an iron pin; thence North 84 degrees 26 minutes 20 seconds West 100 feet to an iron pin; thence by the Eastern side of a proposed street 50 feet wide, North 00 degrees 10 minutes West 200 feet to a spike in the center of Township Road 349 aforesaid; thence by the center of said Road, South 84 degrees 26 minutes 20 seconds East 100 feet to the place of BEGINNING. BEING Lot No. 14 on Subdivision Plan of Lots of Thomas E. Meals, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 30, Page 27; and being improved with a dwelling house formerly known as R.D. 1, Box 606, Newwille, PA 17241, now known as 1536 Soutbside Drive, Newville, PA 17241. BEING the same premises which Gregory L, Burd and Cathy L. Surd, his wife, by their Deed dated April 18, 1988, and recorded April 20, 1988, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 33H, Page 181, granted and conveyed unto Craig A. Peters and Dixie A. Peters, his wife, Grantors herein. Parcel Number: 31-13-0112-069 TfIJ TO SAID PREMISES IS VESTED 1N Nancy M. Shearer, single, by Devi from Craig A. Peters and Dixie A. Peters, his wife, dated 10-1-04 and recorded 10.5-04, in Deed Book 265, Page 3002. Premises: 153 Southside Drive, Newville, PA 17241 C7 ?' O C ?? -n c? 5 C1 i' ? CJ -,, _ c7 : y n ? C'' _„ y2 < AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DEFENDANT(S) NANCY M. SHEARER SERVE NANCY M. SHEARER AT 153 SOUTHSIDE DRIVE NEWVILLE, PA 17241 CUMBERLAND COUNTY SMC No. 2005-2505 ACCT. #0028994531 Type of Action - Notice of Sheriffs Sate Sale Date: DECEMBER 7, 2005 SERVED r (s Served and made known to ?8N t Y A, eaYC e Defendant, on the 13f day of, 2003 e W V i e Commonwealth at R: 41 , o'clock at / _>3 So 5 0'r, of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other. Description: Age -J _ Height SC Weight /Sv Race U)N Sex ? Other ?Jp ?,asSe S I Wave n?cc ?atC?/, , a competent adult, being duly swom according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn and subs J'bed %'^?"' ? '" before m me this da Lwow= 10 Of J ( 200 Notary. G? 0 By: PLEASE ATTEMPT SERVI AT LEAST 3 TIMES. INDICATE DA MES OF SERVICE ATTEMPTED, NOTSERVED On the day of , 200. at o'clock _.m., Defendant NOT FOUND because: Moved _ Unknown _ No Answer Vacant Ist Attempt: ! 1 Time: 2"d Attempt: Time: 3rd Attempt: 1 1 Time: Sworn to and subscribed before me this day of , 200 - Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 , n q ? a- M r ? ? h N t> L`. Cl) N { C+ V\ Mortgage Electronic Registration Systems, Inc. VS Nancy M. Shearer The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-2505 Civil Term Cpl. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on September 15, 2005 at 7:05 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Nancy M. Shearer, by making known unto Nancy Shearer, personally, at 153 Southside Drive, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on October 13, 2005 at 6:25 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Nancy M. Shearer located at 153 Southside Drive, Newville, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Nancy M. Shearer, by regular mail to her last known address of 153 Southside Drive, Newville, PA 17241. This letter was mailed under the date of October 06, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 17.86 Advertising 15.00 Posting Handbills 15.00 Law Library Prothonotary 1.00 Mileage 20.32 Certified Mail 3.10 Levy 15.00 Surcharge 20.00 Postage .74 Law Journal 395.00 Patriot News 356.78 Share of Bills 20.89 $910.69 Sworn and subscribed to before me This Y day 2005, A.D. ?IC)a CkA 5aa?--7 So Answers R. Thomas Kline, Sheriff BY_F Real V'state Sergeant R ' VO 3 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. NANCY M. SHEARER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2005-2505 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 ,153 SOUTHSIDE DRIVE, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name NANCY M. SHEARER Last Known Address (if address cannot be reasonably ascertained, please indicate) 153 SOUTHSIDE DRIVE NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: Same as above Name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 153 SOUTHSIDE DRIVE NEWVILLE, PA 17241 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 unswom falsification to authorities. July 12, 2005 DATE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION CUMBERLAND COUNTY SYSTEMS, INC. Plaintiff, No. 2005-2505 V. NANCY M. SHEARER Defendant(s). July 12, 2005 TO: NANCY M. SHEARER 153 SOUTHSIDE DRIVE NEWVILLE, PA 17241 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE 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 ONLYENFORCEMENT OFA LIENA GAINSTPROPERTY. * * Your house (real estate) at, 153 SOUTHSIDE DRIVE, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on DECEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $106,746.05 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 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-2505 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 Nancy M. Shearer (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) (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 gamishee(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 fmmd 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 $106,746.05 L.L.$.50 Interest FROM 7/12/05 TO December 7, 2005 (per diem-$17.50) $2,590.00 and costs Arty's Comm % Arty Paid $148.76 Other Costs Plaintiff Paid Due Prothy $1.00 Date: JULY 14, 2005 CURTIS R. LONG Prothonotary (Seal) By: . Deputy REQUESTING PARTY: Name Daniel G. Schmieg, Esq. Address: One Penn Center at Suburban Station 1716 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 62205 CUD Real Estate Sale #07 On August 31,2005 the Sheriff levied upon the defendant's interest in the real property situated in Penn Township, Cumberland County, PA Known and numbered as 153 Southside Drive, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 31, 2005 By: jo66? ? ,?nlcct/l Real Esta{e Sergeant S ? ? 11 '? 51 ?,?f 4001. 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 swom, 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, October 14, 21, 28, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, X6Z>, I'O AND SUBSCRI43ED before me this 28 day of October, 2005 NOr I3FA1 SEAL .015 F. SNYDER, Notary i 3f6It. 90ap fnLedaM6 Cr1'- REAL ESTATE SALE NO. 7 Writ No. 2005-2505 Civil Mortgage Electronic Registration Systems, Inc. vs. Nancy M. Shearer Atty.: Daniel Schmieg DESCRIPTION ALL that certain tract of land with the improvements thereon erected, situate in Penn Township, Cumber- land County, Pennsylvania, bound- ed and described as follows. BEGINNING at a spike in the center of Township Road No. 349 on the dividing line between Lots Nos. 14 and 15 on hereinafter men- tioned Plans of Lots; thence by said dividing line, South 00 degrees 10 minutes East 200 feet to an iron pin; thence North 84 degrees 26 minutes 20 seconds West 100 feet to an iron pin; thence by the East- em side of a proposed street 50 feet wide, North 00 degrees 10 minutes West 200 feet to a spike in the cen- ter of Township Road 349 aforesaid; thence by the center of said Road, South 84 degrees 26 minutes 20 seconds East 100 feet to the place of BEGINNING. BEING Lot No. 14 on Subdivi- sion Plan of Lots of Thomas E. Meals, as recorded in the Office of the Recorder of Deeds for Cumber- land County in Plan Book 30, Page 27; and being improved with a dwelling house formerly known as R.D. 1, Box 606, Newville, PA 17241, now known as 1536 Southside Drive, Newville, PA 17241. BEING the same premises which Gregory L. Burd and Cathy L. Burd, his wife, by their Deed dated April 18, 1988, and recorded April 20, 1988, in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 33H, Page 181, granted and con- veyed unto Craig A. Peters and Dixie A. Peters, his wife, Grantors herein. Parcel Number: 31-13-0112- 069. TITLE TO SAID PREMISES IS VESTED IN Nancy M. Shearer, sin- gle, by Deed from Craig A. Peters and Dixie A. Peters, his wife, dated 10-1-04 and recorded 10-5-04, in Deed Book 265, Page 3002. Premises: 153 Southside Drive, Newville, PA 17241. G 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 25" day(s) of October and the I" and 8a' day(s) of November 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY Sworn to and subscrib f e A NO ARIAL SEAL Terry L. Russell, Notary Public City of Harrisburg, Dauphin County ]?My Commission Expires June 6. 2006 NOTARY PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 REAL ESTATE SALE No. 07 Writ No. 2006.2505 CWOTWM Mortgage Electronic Regiatratlon Systems, Inc. Va Nancy M. Sheerer Atty: Daniel Scitmleg DESCRIPTION ALL THAT CERPAB4?raret of land with the improvemena thereon erected, siWale in Penn Township, Cumberlmd' County, Pennsylvania, bounded and described as follows: BEGIIJNMG at a spike in the center of Township Road No. 349 on the dividing line between Lots Nos. 14 and 15 on hereinafter warnoved Plas of Lots: thence by said dividing line, South 00 degrees 10 minutes Fast 200 feet to an irrm pin; thence North 84 degrees 26 minutes 20 seconds West 100 feet to an iron pin; thence by the Bump side of a proposed street 50 fed wide, North 00 degrees 10 minuets West 290 feet to a spike in the center of Township Road 349 s[eaer# dmw y ds cuaw of se d RUad. SwW f4eapr,7tisrsffiseeds6sa Wrenn dwitb aefaeo! rim. VW dae No. 14 as SAdiawen Plas of tuts of Thomas E. Meals, as recorded in the afte of the Recorder of Deeds for Cum6erlaad Casey io Pow Book 30, Page 27; and being improved with a dwelling be= fomcerly known as RD. 1, Box 606, Newville, PA 17241, now known as 1536 SoutbsideDriYe,Nrwville,PA 17741. BEING the same pryate es which Gregory L. Bucd and Cathy L. Bard, his wife, by their Deed datedW 18, 1988, and Mounded April 2U, 1998, in the Mine of the Records of Deeds in and for Cumhedand County, Pennsylvania, to Deed Book 33H, Page 181, gained and conveyed unto Craig A. Pems and Dixie A. Peters, his wife, t norms berein. Parcel f31-13-0112-069. MU TO SAID PREMSFS is vested m Nancy M. Sheere, single, by Deed from Craig A. Peters and Dixie A. Peters, his wife, dared 10.1-04 and recorded 10-5-04, in Deed Book 765, Page 3002. Remises: 153 Smnhside Drive, Newville, PA 17241. 41 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. No. 2005-2505 NANCY M. SHEARER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Add'1 cost ?Xq Interest from to JUNE 13, 2007 (per diem -$17.50) TOTAL $106,746.05 $12,267.50 and Costs $122,966.15 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. T-4 'IT N r a w a a w? z zz OW x wo w ?a HH w O '? A >, ?' w x H o o x ? Qz w? ?w ' H E..,U ?Fo U O t M G4 Az G,7 ? ? w ° ? ? ? E* z pd G U? U 45 ( _ vY r ALL that certain tract of land with the improvements thereon erected, situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows. BEGINNING at a spike in the center of Township Road No. 349 on the dividing line between Lots Nos. 14 and 15 on he inaffer mentioned Plans of Lots, thence by said dividing line, South 00 degrees 10 minutes HaA 200 feet to an iron pin; thence North. 84 degrees 26 minutes 20 seconds West 100 feet to an iron pin; thence by the Eastern side of a proposed street 50 feet wide, North 00 degrees 10 minutes West 200 feet to a spike in the center of Township Road 349 aforesaid; thence by the center of said Road, South 84 degrees 26 minutes 20 seconds East 100 feet to the place of BEGINNING. BEING Lot No. 14 on Subdivision Plan of Lots of Thomas E. Meals, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 30, Page 27; and being unproved with a dwelling house formerly known as RD. 1, Box 606, Newville, PA 1724 1, now known as 1536 Southside Drive, Newville, PA 17241. BEING the same premises which. Gregory L. Burd and Cathy L. Buxd, his N6fe, by their Teed dated April 18, 1988, and recorded April 20, 1988, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 33H, Page 181, granted and conveyed unto Craig A, Peters and Dixie A. Peters, his wife, Grantors herein. Parcel Number-. 31-13-0112-069 T1Tl& 10 SAID PREMISES INS YI=D IN Nancy M. Shearer, singie, by Deed front Craig A. Peters and Dixie A. Peters, his wife, dated 10-I -04 and recorded 10-5-04, i Deed Book 265, Page 3002. Premises: 153 Southside Drive, Newville, PA 17241 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-2505 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 NANCY M. SHEARER (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 $106,746.05 L.L. Interest FROM 1/8/07 TO 6/13/07 (PER DIEM - $17.50) - $12,267.50 AND COSTS Atty's Comm % Atty Paid $1071.95 Plaintiff Paid Date: JANUARY 11, 2007 (Seal) 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 Due Prothy $1.00 Other Costs ., FULy Supreme Court ID No. 62205 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CHAPTER 13 (Converted to Chapter 7) NANCY M. SHEARER, CASE NO: 1-05-bk-08284 MDF Debtor MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Movant v. 11 U.S.C. §362 NANCY M. SHEARER A/K/A NANCY SHEARER, Respondent Upon Consideration of the Motion of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 U.S.C. 362 is modified with respect to premises, 153 SOUTHSIDE DRIVE, NEWVILLE, PA 17241, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises'at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED AND DECREED THAT: Rule 4001(a)(3) is not applicable and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. may immediately enforce and implement this Order granting Relief from the Automatic Stay. By the C'owt, 71 Dated: December 22, 2006 im-n" autlge This document is electronically signed and filed on the same date. 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. Plaintiff, V. NANCY M. SHEARER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2005-2505 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: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant () 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. SCHMIEG, ESQUIRE Attorney for Plaintiff C7 ?Y N t. 3 ? "?? ?? ? t Z"" -?+ -J^' "T? t n+ ?'? r ? -? , ("', t .,,,,,,,, ? -"T 1 ' s .t.. ?_ K MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. ° NANCY M. SHEARER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2005-2505 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 ,153 SOUTHSIDE DRIVE, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name NANCY M. SHEARER Last Known Address (if address cannot be reasonably ascertained, please indicate) 153 SOUTHSIDE DRIVE NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None ./. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please 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 153 SOUTHSIDE DRIVE NEWVILLE, PA 17241 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. January 10, 2007 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff 1-n a MORTGAGE ELECTRONIC REGISTRATION CUMBERLAND COUNTY SYSTEMS, INC. Plaintiff, No. 2005-2505 V. NANCY M. SHEARER Defendant(s). January 10, 2007 TO: NANCY M. SHEARER 153 SOUTHSIDE DRIVE NEWVILLE, PA 17241 * *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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY" Your house (real estate) at, 153 SOUTHSIDE DRIVE, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $106,746.05 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 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 a-MA 114 li f?I ALL that certain tract of land with the improvements thereon meted, situate in Penn Township, Cumberland. County, Pennsylvania, bounded and described as follows: BEG'UINING at a spike in the center of Township Road No. 349 on the dividing line between Lots Nos. 14 and 15 on hereinafter mentioned. Plans of Lots; thence by said dividing line, South 00 degrees 10 minutes East 200 feet to an iron pin; thence North 84 degrees 26 minutes 20 seconds West 100 feet to an iron pin, thence by the Easter side of a proposed street 50 feet wide, North 00 degrees 10 minutes Nest 200 feet to a spike in the center of Township Road 349 aforesaid; thence by the center of said Road, South 84 degrees 26 minutes 20 seconds East 100 feet to the place of BEGINNING. BEING Lot No. 14 on Subdivision Plan of Lots of Thomas E. Meals, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 30, Page 27; and being improved with a dwelling house formerly known as R.D. 1, Box 606, Newvlle, PA 17241, now known as 1536 Southside Drive, Newv lle, PA 17241. BEING the same premises which Gregory L. Burd and Cathy L. Burd, his -Mfe, by their Deed elated April 18, 1988, and recorded April 20, 1988, in the Office of the Reorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 331-1, Page 18 1, granted and conveyed unto Craig A. Peters and Dixie A. Peters, his wife, Grantors herein. Parcel Number: 31-13-0112-069 TIM TO SAID PRE14 IM 1S VESTED IN Nancy M. Sher, single, by Dee -4 froni Craig A. Peters and Dixie A. Peters, his wife, dated: 10-1-04 and recorded 10-5-04, in Deed Book 265, Page 3002. Premises: 153 Southside Drive, Newville, PA 17241 N J 1 ? 3 jtf r+ 1 i? Fq, 1 AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DEFENDANT(S) NANCY M. SHEARER SERVE NANCY M. SHEARER AT 153 SOUTHSIDE DRIVE NEWVILLE, PA 17241 SERVED CUMBERLAND COUNTY CQS No. 2005-2505 %*r_ 1101t ACCT. #0028994531 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 13, 2007 Served nd a made known to N 4. A C V /? • She e t Def endant, on the day of ? 2001 ( / r? at -1 L1 , o'clock at I S 3 Sou f? S i E fe ' 4) f`. Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 'YO " s Height ? l " Weight US9 1 Race W Sex F Other I, I ?l R 0 A go be' 4 -5. a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. S rn to and sub cr o 's y of 00? _ o _ By: Cab/ A SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. State cl' Mew Jersey PATRCCIA E. HARRIS NOT SERVED Commission Expires June 16, 2008 On the day of , 200_, at o'clock Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: Time: 2°d Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of 200 _. Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 33 C o O ` 1Ti; ; ""C7 CO M. h r. t .... ..tiy -r C.v of 'I Chi (,ns` '-C PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Court of Common Pleas vs. Nancy M. Shearer Plaintiff : Civil Division : Cumberland County : No. 2005-2505 Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on May 16, 2005, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on July 14, 2005 in the amount of $106,746.05. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 153 Southside Drive, Newville, PA 17241 (hereinafter the 'Property") was postponed or stayed for the following reasons: a) The Defendant filed a Chapter 7 Bankruptcy at docket number 05-08284 on October 13, 2005. Plaintiff obtained relief from the bankruptcy to proceed with foreclosure by order of court dated December 22, 2006. A true and correct copy of the Relief Order is attached hereto, made part hereof, and marked as Exhibit "C". 5. The Property is listed for Sheriffs Sale on June 13, 2007. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 6. Additional sums have been incurred or expended on Defendant' behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $1011444.62 Interest Through 06/13/07 125926.85 Per Diem $18.76 Late Charges 85.20 Legal fees 2,250.00 Cost of Suit and Title 1,499.50 Sheriff s Sale Costs 910.69 Property Inspections 0.00 Appraisal/Brokers Price Opinion 0.00 Mortgage Ins. Premium/Private 769.83 Mortgage Insurance NSF (Non-Sufficient Funds charge) 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 2,483.70 TOTAL $1229370.39 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as is addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on April 25, 2007 and requested the Defendant's concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit "D". 11. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: 41?51R Phelan Hallinan &? ieg, LLP 0 r` By: (Mich filek ra squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Plaintiff vs. Nancy M. Shearer Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County : No. 2005-2505 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendant executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 153 Southside Drive, Newville, PA 17241. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriff s Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriff s Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieiz, L DATE: 4, ?51 t4 By: Michele M. 8ra'dfo: Attorney for Plainti Exhibit "A" 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 V. NANCY M. SHEARER 153 SOUTHSIDE DRIVE NEWVILLE, PA 17241 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 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 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 #. 116418 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 #: 116418 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: PHH MORTGAGE CORPORATION F/K/A CENDANT 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: NANCY M. SHEARER 153 SOUTHSIDE DRIVE NEVWILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/01/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CENDANT MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1883, Page: 774. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2005 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 #: 116418 6. The following amounts are due on the mortgage: Principal Balance $101,834.58 Interest 2,204.16 12/01/2004 through 05/13/2005 (Per Diem $13.44) Attorney's Fees 1,250.00 Cumulative Late Charges 85.20 10/01/2004 to 05/13/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 105,923.94 Escrow Credit -254.29 Deficit 0.00 Subtotal $- 254.29 TOTAL $ 105,669.65 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 105,669.65, together with interest from 05/13/2005 at the rate of $13.44 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 HALLINAN & SCHMIEG, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 116418 LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected, situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a spike in the center of Township Road No. 349 on the dividing line between Lots Nos. 14 and 15 on the hereinafter mentioned Plan of Lots; thence by said dividing line, South 00 degrees 10 minutes East 200 feet to an iron pin; thence North 84 degrees 26 minutes 20 seconds West 100 feet to an iron pin; thence by the Eastern side of a proposed street 50 feet wide, North 00 degrees 10 minutes West 200 feet to a spike in the center of Township Road 349 aforesaid; thence by the center of said Road, South 84 degrees 26 minutes 20 seconds East 100 feet to the place of BEGINNING. BEING Lot No. 14 on the Subdivision Plan of Lots of Thomas E. Meals, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 30, Page 27; and being improved with a dwelling house formerly known as R.D. 1, Box 606, Newville, PA 17241, now known as 153 Southside Drive, Newville, PA 17241. BEING the same premises which Gregory L. Burd and Cathy L. Burd, his wife, by their Deed dated April 18, 1988, and recorded April 20, 1988, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 33H, Page 181, granted and conveyed unto Craig A. Peters and Dixie A. Peters, his wife, Grantors herein. PREMISES: 153 SOUTHSIDE DRIVE File #: 116418 MARC J. HINKLE hereby states that he/she is V.P. of CENDANT MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa_ C.S. Sec. 4904 relating to unsworn falsification to authorities. - ka-- )41 / DATE: Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. N By: DANIEL G. SCHMIEG n -T1 Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION' 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 - F' (215) 563-7000 = c? - t-r-+ L? j MORTGAGE ELECTRONIC REGISTRATION -? SYSTEMS, INC. CUMBERLAND COUNTY 8201 GREENSBORO DRIVE, SUITE 350 COURT OF COMMON PLEAS MCLEAN, VA 22102 CIVIL DIVISION Plaintiff, :j- NO. 2005-2505 NA4N AHEARER ?O Defendant(s). ?Q+ ?Al 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 NANCY M. SHEARER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 5/14/05 to 7/12/05 TOTAL $105,669.65 $ 806.40 $106,746.05 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. z,,`J ?- Attorney for Plaintiff Q Q- D?S ARE HEREBY ASSESSED AS INDICA Q 1 DAT ?btSLS' PRO PROTHY Exhibit "C" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CHAPTER 13 (Converted to Chapter 7) NANCY M. SHEARER, CASE NO: 1-05-bk-08284 MDF Debtor MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Movant v. 11 U.S.C. §362 NANCY M. SHEARER AWA NANCY SHEARER, Respondent Upon Consideration of the Motion of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 U.S.C. 362 is modified with respect to premises, 153 SOUTHSIDE DRIVE, NEWVILLE, PA 17241, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED AND DECREED THAT: Rule 4001(a)(3) is not applicable and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. may immediately enforce and implement this Order granting Relief from the Automatic Stay. By the Cowt, -ILL Dated: December 22, 2006 Ban rup Jwje PN) This document is electronically signed and filed on the same date. Exhibit "D" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire April 25, 2007 Representing Lenders in Pennsylvania and New Jersey Nancy M. Shearer 153 Southside Drive Newville, PA 17241 RE: Mortgage Electronic Registration Systems, Inc. vs. Nancy M. Shearer Premises Address: 153 Southside Drive, Newville, PA 17241 Cumberland County CCP, No. 2005-2505 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by Monday, April 30, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. V truly your&orduire x Mi hel M. BraFor Phelan Hallinan & Schmieg, LLP Enclosure EO l6 G1311diN 3Co- tN08:1 O LOS tiZvoo o06-0 O s ?® , tS 8 P4 CIA aa. ? • ?i i r O S c y z to ,d R 0 a ' r c " w N m tr) U° d N N H d !? f? VI a °y' P• V I co a R to ` x0 a ? z a :r a ?C ? s a w ? N ol d ? 25 w J T ¢ ? N C5 G ? ? Q w° pNUry ? N U W o , 0,15 ? ? ? O on O 7 ? ? U ?? O T O rz .o • ? N O'015 4H F ? ? ? f?4. '?G G'it G N ? C .i t U O a H r N T a N V 41+ Q 4 p ?a u V O o? N " xN .CT N '? f F a M o ono ? cn NO VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: r? P a a* a Schmie , L By: chel M. Bradfor , ire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Plaintiff vs. Nancy M. Shearer Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County No. 2005-2505 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. Nancy M. Shearer 153 Southside Drive Newville, PA 17241 DATE: 41 'i,%? i Nancy M. Shearer 2199 Pine Road Newville, PA 17241 H 1' n & Sc ?g, LLP By: Mic el M. Bradfo uire Attorney for Plaintiff " Ttie ! $.? _ _ ?S'1 ._ .a ---t i ? ,?? _. L.:. :: '?`_ MAY 0 T 2DDZP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Mortgage Electronic Registration Systems, Inc. Plaintiff vs. Nancy M. Shearer Defendant : Court of Common Pleas : Civil Division : Cumberland County : No. 2005-2505 ll RULE AND NOW, this day of W1 2007, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. ty d?-?s z cs Rule Returnable ci?r---- ef ourtroom o t e er an o . Ro?'c BY THE OURT, J. 116418 r cl-i Ala 0 - y j ?? t e vr• - ? Ca N CJ PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Court of Common Pleas Plaintiff : Civil Division vs. Nancy M. Shearer : Cumberland County : No. 2005-2505 Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of May 23, 2007 was sent to the following individual on the date indicated below. Nancy M. Shearer 153 Southside Drive Newville, PA 17241 DATE: SAP; 6)- Nancy M. Shearer 2199 Pine Road Newville, PA 17241 Dichefe Hallinan & c ieg, LLP By 0 [ WM. Bradfor , Esquire Attorney for Plaintiff o flf f? rte" -- co - G PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Plaintiff VS. Nancy M. Shearer Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division Cumberland County : No. 2005-2505 MOTION TO MAKE RULE ABSOLUTE Mortgage Electronic Registration Systems, Inc., by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on May 4, 2007. 3. A Rule was entered by the Court on or about May 9, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on May 15, 2007, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". Defendant failed to respond or otherwise plead by the Rule Returnable date of May 23, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP O Date rVicc le . Brad or ire Attorney for the Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Plaintiff vs. Nancy M. Shearer Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on May 4, 2007. A Rule was entered by the Court on or about May 9, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on May 15, 2007 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 23, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. lichele LL CHMIEG, LLP 36 Date M. Bradford, E ire Attorney for the Plaintiff Exhibit "A" MAY o7 20D7 of 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Mortgage Electronic Registration Systems, Inc. Plaintiff vs. Nancy M. Shearer : Court of Common Pleas : Civil Division : Cumberland County : No. 2005-2505 Defendant RULE AND NOW, this T7& day of 2007, a Rule is entered upon the Defendant to show cause why an Order should not b tered granting Plaintiffs Motion to Reassess Damages. r '}e OT ?'??S ? a d s o raeR. Rule Returnable BY THE C , 116418- TRUE COPY FROM RECORD In Testimon-. f ' ,j^to set-my Exhibit "B" ? c PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard N VN\ Philadelphia, PA 19103-1814 C?A :? (215) 563-7000 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration S'?stems, Inc. : Court of Common Pleas Plaintiff : Civil Division vs. : Cumberland County Nancy M. Shearer : No. 2005-2505 Defendant CEIIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of May 23, 2007 was sent to the following individual on the date indicated below. Nancy M. Shearer 153 Southside Drive Newville, PA 17241 DATE: S V -1 Nancy M. Shearer 2199 Pi Road i A 17241 ? Ph an Hallinan & c ieg, LLP By cheie M. Bradfor , Esquire Attorney for Plaintiff VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S b Date §4904 relatin t unsworn falsificat' of authorities. Michele . B adf rd, sq ire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Plaintiff VS. Nancy M. Shearer Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County . No. CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. Nancy M. Shearer 153 Southside Drive Newville, PA 17241 DATE: Nancy M. Shearer 2199 Pine Road Newville, PA 17241 Phelan Hallinan & Schmieg, Micliele M. B4 adford! Esquire Attorney for Plaintiff r? ? c__? --?-? _ !' - -?, ?: , cgs.. ,, 1 r ' S'`'1 ?? . w. (.?.? 64- SALE DATE: JUNE 13, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. No.: 2005-2505 VS. NANCY M. SHEARER AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 153 SOUTHSIDE DRIVE, NEWVILLE, PA 17241. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCHMIEG, ES Attorney for Plaintiff L?W June 1, 2007 £0 L6 L 300odl-z w0a4 o311,40 Mr. L08 LZtb000 10NOC WL ZO° g .? L7 lsoas'? ? ^ s a° a. ke) V o a I pp o W o r ?:W o w?g5w O owe ? '. N a a .?s g 1 z O a a M en z o0 0 ° Q a c? U v w1 ?u o 04 10 s t U u Z3 b z z Ha o w w ??? a o a o a z r:4 U H z d Z d V w T r O L b 00 cl, Q (U ell C"? N C7 d 2r? ?7 I.nN 0 42007 1A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Mortgage Electronic Registration Systems, Inc. Plaintiff vs. Nancy M. Shearer Defendants Court of Common Pleas Civil Division : Cumberland County No. 2005-2505 ORDER AND NOW, this day of 3 "--I c_ , 2007, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $101,444.62 Interest Through 06/13/07 12,926.85 Per Diem $18.76 Late Charges 85.20 Legal fees 2,250.00 Cost of Suit and Title 1,499.50 Sheriffs Sale Costs 910.69 Property Inspections 0.00 Appraisal/Brokers Price Opinion 0.00 Mortgage Ins. Premium/Private 769.83 Mortgage Ins. NSF (Non-Sufficient Funds charge) 0.00 fY L L-q -t; ,j © J C-4 Suspense/Misc. Credits Escrow Deficit TOTAL Plus interest from 06/13/07 through the date of sale at six percent per annum. 0.00 2,483.70 $122,370.39 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE CO T: tl ? c,?l J. Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford(c)fedphe.com Nancy M. Shearer 153 Southside Drive Newville, PA 17241 Nancy M. Shearer 2199 Pine Road Newville, PA 17241 116418 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. 8201 Greensboro Drive, Suite 350 McLean, VA 22102 VS. Nancy M. Shearer 153 Southside Drive Newville, PA 17241 Plaintiff Defendant Court of Common Pleas Civil Division : Cumberland County No. 2005-2505 Civil MOTION FOR EQUITABLE CONVERSION TO REAL PROPERTY AND NOW, COMES PLAINTIFF, Mortgage Electronic Registration Systems, Inc., by its attorneys, Phelan Hallinan & Schmieg, LLP, and presents this Motion for Equitable Conversion to Real Property, and in support thereof, avers the following: 1. On or about October 1, 2004, Defendant Nancy M. Shearer made, executed and delivered a mortgage to Cendant Mortgage Corporation in the principal sum of $102,092.00 for the property at 153 Southside Drive, Newville, PA 17241, which mortgage was recorded on October 5, 2004 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1883, Page 774. A true and correct copy of the mortgage is attached hereto, made part hereof, and marked as Exhibit "A". 2. PHH Mortgage Corporation, ffkla Cendant Mortgage Corporation delivered an Assignment of Mortgage to Plaintiff, which assignment was recorded on September 28, 2005 in the Office of the Recorder of Deeds of Cumberland County in Book 721, Page 1033. A true and correct copy of the Assignment of Mortgage is attached hereto, made part hereof, and marked as Exhibit "A1". 3. Defendant defaulted on the mortgage payments, and remains due and owing to Plaintiff for the January 1, 2005 payment and each payment thereafter. 4. On or about May 16, 2005, Plaintiff filed a complaint in mortgage foreclosure. A true and correct copy of the complaint is attached hereto, made part hereof, and marked as Exhibit "B". 5. Defendant Nancy M. Shearer was served with the complaint on June 2, 2005. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof, and marked as Exhibit "C". 6. Plaintiff filed a default judgment against Defendant on July 14, 2005, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "D". 7. The property had been assessed in part for "land value", and in part for "building value", under a tax parcel I.D. number of 31-13-0112-069. Based on the Cumberland County assessment ratio of 1. 14, the fair market value of the property is $48,404.40. A true and correct copy of the tax assessment record is attached hereto, made part hereof, and marked as Exhibit «E„ 8. On August 4, 2004, the property was appraised at $104,000.00 for the land and house together. The appraiser noted that the house is a manufactured home. A true and correct copy of the appraisal is attached hereto, made part hereof, and marked as Exhibit "P. 9. It was clearly the intention of the parties that the $102,092.00 loan be secured by a mortgage on both the land and the house. 10. Plaintiff obtained photographs of the house which reflect front and back porches, an awning, landscaping, permanent utility hookups, and a pool which show the home's permanent affixation to the land. Attached hereto, made part hereof, and marked as Exhibit "G" are true and correct copies of the photographs of the subject property. 11. In addition, Plaintiff inquired of the Pennsylvania Department of Transportation ("Penndot") and was informed that there is no mobile home registered in the Defendant's name. This is further evidence that the home is not mobile and that the Defendant intends the home to be permanently affixed to the land. A true and correct copy of Penndot's letter is attached hereto, made part hereof, and marked as Exhibit "H". 12. There is no statutory basis in the Commonwealth of Pennsylvania for court declaration that a mobile home has been converted to realty and affixed as part of the land. 13. Pennsylvania is rife with common law that personal property or chattel be considered a fixture and as such, part of the real estate, when it is deemed to have been permanently affixed to the land. 14. Because the property is clearly attached via foundation to the land, it was clearly the intent of the parties that this home be made permanent at its site and that the mortgage cover such home as security interest for the loan. 15. Principles of equity dictate that the intent of the parties should govern. 16. Plaintiff is requesting the entry of a court order declaring the house as realty, so that the buyer of the property at Sheriff s Sale will acquire clear title to the house and land. If the requested relief is not granted, Plaintiff may not get the full benefit of the collateral for the loan, as the parties intended. 17. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion for Equitable Conversion and proposed order to the Defendant on July 18, 2007 and requested the Defendant's concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit: "I". 18. The Honorable Wesley J. Oler, Jr. has previously entered a ruling in this case. WHEREFORE, Plaintiff Mortgage Electronic Registration Systems, Inc. respectfully requests that this Honorable Court enter an Order on this motion, that the property at 153 Southside Drive, Newville, PA 17241 with a tax parcel I.D. number of 31-13-0112-069, be equitably converted to real estate by way of this motion, and not subject to separation from land. PHELAN Date: -I 13 O7 By: & SCHMIEG, LLP PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. 8201 Greensboro Drive, Suite 350 McLean, VA 22102 Plaintiff vs. Nancy M. Shearer 153 Southside Drive Newville, PA 17241 Defendant Court of Common Pleas Civil Division : Cumberland County : No. 2005-2505 Civil BRIEF IN SUPPORT OF PLAINTIFF'S MOTION FOR EQUITABLE CONVERSION TO REAL PROPERTY 1. PROCEDURAL HISTORY On October 1, 2004, Nancy M. Shearer made, executed and delivered a mortgage on the Property to Cendant Mortgage Corporation in the principal amount of $102,092.00. PHH Mortgage Corporation, fWa Cendant Mortgage Corporation delivered an Assignment of the Mortgage to Plaintiff. Defendant defaulted in payments on the mortgage, and remains due and owing to Plaintiff for the January 1, 2005 payment and each payment thereafter. On or about May 16, 2005, Plaintiff filed a complaint in mortgage foreclosure, and Nancy M. Shearer was served with the complaint on June 2, 2005. Plaintiff filed a default judgment against Defendant on July 14, 2005. The property had been assessed in part for "land value", and in part for "building value", under a tax parcel I.D. number of 31-13-0112-069. Further investigation of the property was obtained by way of an appraisal report, and photographs were taken of the property, to ascertain the status of the real estate improvement. Plaintiff also obtained a report from Penndot. Since the house is a manufactured home, potential third party purchasers of the property may not be able to obtain insurable title. The fact that the house is a manufactured home is a cloud on title. Plaintiff is requesting the entry of a Court Order declaring the house as realty, so that the buyer of the property at Sheriff's sale will acquire clear title to the house and land, and will be able to obtain an owner's policy of title insurance. If the requested relief is not granted, Plaintiff may not get the full benefit of the collateral for the loan, as the parties intended. II. LEGAL ARGUMENT A. Conversion to Realty Clearly it was the intent of the mortgagors that the home be used as security for the loan made by Cendant Mortgage Corporation and not raw land alone. It was certainly Cendant Mortgage Corporation's intent that the mortgage cover the dwelling. In Pennsylvania, the intent of the parties is a key consideration in determining whether or not a chattel becomes a fixture. In re Appeal of Sheetz, Inc, 657 A.2d 1011 (1995). There are at least three considerations to be made in making this determination: (1) the manner in which it is physically attached or installed, (2) the extent to which it is essential to the permanent use of the building or other improvement and (3) the intention of the parties who attached or installed it. Id. At 1013, citing, McCloskey, 101 Pa. Commonwealth Court at 113-4,515 A.2d at 644 citing, Clothier, the Law of Fixtures in Pennsylvania, 32 Pa. B.Q. 66, 66-67 (1960-61). Plaintiff submits that when these factors are considered, it is evident that the home is affixed to the land. The parties did not sit down at the closing table with the intent to mortgage raw land. If this home was ever mobile, it is not now, being firmly founded without any trace of mobility. Neither is the home convertible back to a mobile status. The Sheetz case goes on to cite the Superior Court case of Streyle v. Board of Property Assessment, 173 Pa. Superior Court 324, 98 A.2d 410 (1953) which held that "[h]ouse trailers, so long as they remain mobile, i.e., equipped with wheels, are personal property and not subject to taxation as real estate". Id. at 327, 328, 98 A.2d at 412. It would stand to reason that once the wheels are removed, permanent affixation is evident, the property should be taxable as real estate. Clanton v. Lienhard, 312 Pa.433, 167 A.321 (1933) is still the lead case cited for determining what category "chattels" fall under in connection with real estate. There is that which is clearly furniture and will always remain personalty, that which is clearly affixed and cannot be removed without injury to the real estate or the fixture itself, and that under which mobile homes fall: physically connected to the real estate, but removable without destroying the mobile home or the real estate. Plaintiff submits that the home at 153 Southside Drive, Newville, PA 17241 falls under the second classification. However, were the court to find that it was a "mobile home" under the Cla on definition, it would still need to find the home to be real estate, due to the determining factor that is the intent of the parties at the time of annexation Id. At 436, 322 (emphasis added). The Boyd Appeal case heard in Beaver County, Pennsylvania held that a "mobile home" which had its mobility removed was no longer a "mobile home" for zoning purposes, but should be deemed a single-family dwelling. It further distinguished between trailers (with wheels) and mobile homes, indicating that "the structural construction of th[is] home differs from that of a conventional home only to the extent that it is of a smaller scale. The degree of difficulty in physically moving the structure is the same". Boyd Appeal, 67 Pa. D. & C. 2d1, 1974 WL 15624 (Pa.Com.Pl) (1974). In defining the structure, the Court set forth a plethora of factors that it found to separate such a permanent home from that of a trailer, such as the foundation itself, the building materials, the water, sewer and electricity utilities, telephone service, septic tank and fuel oil heating unit. Id. at 15. Further, counsel for Plaintiff in prior cases with very similar fact patterns has had relief granted in its favor in several Pennsylvania counties. In the instant case, Nancy M. Shearer has clearly evidenced similar manifestations of intent to have this dwelling be permanently affixed to the land. It is clear from the photographs attached hereto that there is utility hookup, a porch, and a permanent foundation, and the interior of the dwelling is replete with the amenities of any other home. Further, as evidenced by the Cumberland County Tax Assessment documents attached to Plaintiff s instant motion, this property has been assessed as improved property for real estate tax purposes. Surely, logic dictates that if this type of improvement would be considered a home for zoning reasons, and the very county in which it sits has assessed it as real estate for tax purposes, the property should be deemed realty. A Lancaster County, Pennsylvania Court used the Cla on standard to hold that a mobile home constituted real estate under Pennsylvania law when the wheels of the home had been removed, the home remained in place for seven years, water, sewer, electricity and telephone were connected, and the owners paid real estate taxes to Lancaster County. Fromm v. Frankhouser, 7Pa. D. & C. 3d 560, 566-567, 1977 WL 269 (Pa.Comm. PI) (1977). The same conclusion should be reached in Cumberland County in the instant case. B. Relief in Aid of Execution Pa.R.C.P. 3118 is designed to give the court "broad discretion to provide relief in aid of execution". National Recovery Systems v. Pinto, 18 D. & C. 3d 684, 686 (Pa.Comp.Pl 1981). Specifically, the rule provides, inter alia: (a) On petition of the plaintiff, after notice and hearing, the court in which a judgment has been entered may, before or after the issuance of a writ of execution, enter an order against any party or person... (3) directing the defendant or any other party or person to take such action as the court may direct to preserve collateral security for property of the defendant levied upon or attached, or any security interest levied upon or attached; ... (6) granting such other relief as may be deemed necessary and appropriate. Pa.R.C.P.3118(a). The predicates for a petitioner to obtain supplementary relief in aid of execution of a judgment are (1) the existence of an underlying judgment; and (2) property of the debtor subject to execution. Kaplan v. I. Kaplan Inc., 422 Pa. Super. 215, 619 A.2d 322 (1993). In this case, there is no question that an underlying judgment was entered in favor of the Plaintiff and against the Defendant. (See Exhibit "D"). Moreover, it is also clear that the mortgaged property at 153 Southside Drive, Newville, PA 17241, is property of the Defendant and is subject to attachment and execution. Therefore, the creditor is entitled to invoke Rule 3118 for its motion to aid in the execution of the property and the court has jurisdiction over this matter. C. Plaintiffs Motion to Equitably Convert Should Be Granted Pursuant to Rule 126 In Livingston v. Unis, 659 A.2d 606 (Pa. Cmwlth. 1995), although the Commonwealth Court found the Common Pleas Court exceeded the scope of Rule 3118 by making a determination of which creditor had priority to the debtor's lottery winnings, the court nonetheless refused to remand the case for a separate hearing. Id. at 612. In so finding the court stated "it would be judicially inefficient to remand this matter to the trial court when all of the necessary parties were able to participate in the matter before the Court of Common Pleas. " Id. at 609. In support of its ruling, the Livingston court cited Pa. R.C.P. 126, which provides that civil procedure "rules shall be liberally construed to secure the just, speedy and inexpensive determination of every action or proceeding to which they are applicable." Pa. R.C.P. 126. In the present case, the Defendant at all times was aware of all proceedings and was able to fully participate. However, the Defendant has not contested any of the proceedings. Requiring a separate action to quiet title would cause undue delay and additional cost to Plaintiff. D. Quiet Title and Foreclosure Claims May Be Joined Under Meara Even if the Motion to Equitably Convert to Real Property were deemed to be a quiet title action, such an action may be properly joined with a foreclosure action under Meara v. Hewitt, 455 PA 132 (1974). Under the Pennsylvania Rules of Civil Procedure, a plaintiff in an action of mortgage foreclosure may state in his or her complaint two or more grounds for foreclosure, but may not state more than one cause of action. Pa. R.C.P. 1146. Thus, an action in equity may be joined with an action to quiet title and an action of mortgage foreclosure, where all three actions turn on the same legal question of the validity of a mortgage. Goodrich Amram 2d § 1146:1. E. Declaratory Relief Pennsylvania Rule of Civil Procedure 1602 titled "Declaratory Judgment as Ancillary Relief' states that a party may include a prayer for declaratory relief in any action at law or in equity. Consistent with the law cited above, this rule permits Plaintiff's requested relief in a mortgage foreclosure action. The Declaratory Judgments Act states, "Courts of record, within their respective jurisdictions, shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed...." 42 Pa. C.S.A. §7532. In the instant case, Plaintiff is seeking an order declaring the status of the house as realty. Section 7532 gives the Court the authority to make this declaration. The Pennsylvania Superior Court has held that the Declaratory Judgments Act is to be liberally construed. Doe v. Johns-Manville Corp., 471 A.2d 1252, 324 Pa. Super. 469 (Pa. Super. 1984). In addition, the Declaratory Judgments Act is intended to provide relief from uncertainty. Curtis v. Cleland, 552 A.2d 316, 122 Pa. Cmwlth. 328 (1988). Accordingly, Plaintiff submits that the Declaratory Judgments Act provides the Court with jurisdiction to declare Nancy M. Shearer's house as realty, to provide relief to the Plaintiff from the uncertainty associated with selling a mobile home or manufactured home to a third party. F. Equitable Principles Plaintiff is without an adequate remedy at law and will suffer irreparable harm unless the requested relief is granted. This Court has plenary power to administer equity according to well- settled principals of equity jurisprudence in cases under its jurisdiction. Cheval v. City of Philadelphia, 176 A. 779, 116 Pa. Super. 101 (1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them instead of encouraging technical niceties in the modes of procedure and forms of pleading. Gunnet v. Trout, 380 Pa. 504, 112 A.2d 333 (1955). This is certainly a case where the exercise of this Court's equity powers is appropriate and necessary. Plaintiff is requesting the entry of a court order declaring the house as realty, so that the buyer of the property at Sheriff's Sale will acquire clear title to the house and land. If the requested relief is not granted, Plaintiff may not get the full benefit of the collateral for the loan, as the parties intended. WHEREFORE, Plaintiff Mortgage Electronic Registration Systems, Inc. respectfully requests that this Honorable Court enter an Order on this motion, that the property at 153 Southside Drive, Newville, PA 17241 with a tax parcel I.D. number of 31-13-0112-069, be equitably converted to real estate by way of this motion, and not subject to separation from land. Date: 1 11Y101 Respectfully submitted: PHELAN HALL & SCHMIEG, LLP By: Mi e radford, squire Attorney for Plaintiff EXHIBIT A r Prepared By: Rene Lockhart, Corporation 3000 Leadenhall NJ 08054 Parcel Number: Cendant Mortgage Road Mount Laurel, Commonwealth of Pennsylvania :; U? i"IfD 1 ROf (:ci:'t Return To: Cendant Mortgage Corporation 2001 Bishops Gate Blvd. Mount Laurel, NJ 08054 [Space Above Tbb Wne For Recording Data ' FKA Case No. MORTGAGE 441-7570434-yes-?a? /J Loan #: 0028994531 THIS MORTGAGE ("Security Instrument") is given on October 1, 2004 The Mortgagor is NANCY M. SHEARER, AN UNMARRI ED WOMAN ("Borrower"). This Security Instrument is given to Cendant Mortgage Corporation which is organized and odsting under the laws of New Jersey , and whose address is 3000 Leadenha 1 I Road Mount Laure I , NJ 08054 ("Lender"). Borrower owes Lender the principal sum of One Hundred Two Thousand Ninety-Two Dollars and Zero Cents ?J Dollars (U.S. $102,092 . 00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument which-provides for monthly payments, with the full debt, if not paid earlier, due and payable on October 1st, 2034 . This Security Instrument secures to Lender. (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the FHA Praosy)vaoia Mortgage - 41% WRIPA) toii.ci VYP V"Als SoWeMl (1001121•12et P8061010 WWM:, &-5- Olt AG O r r r?4,iil,?lly A-. Original Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) 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 the Lender the following described property located in CUMBERLAND County, Pennsylvania: See Preliminary Title Report Being the same premises conveyed to the mortgagors herein by deed being recorded simultaneously herewith; this being a purchase money mortgage given to secure the purchase price of the above described premises. r which has the address of 153 SOUTHS I DE DRIVE (street] N EWV I LLE Pennsylvania 17241 [Zip Code] ("Property Address"); 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 property. 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 COVENANTS that Borrower is lawfully seized 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. Borrwher and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary'. or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: ([) a sum for the -4R(PA) 443e53.01 Pais Z at I C. f,_.. WNW - S_ `J original annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, In a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow lams" and the sums paid to Lender are called "Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1474,12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, bender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender. Borrowers account shall be credited with any balance remaining for all installments for items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs I and 2 shall be applied by Lender as follows: First to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; >`h'rr to interest due under the Note; ou , to amortization of the principal of the Note; and M to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 4R(PA) lojesr.or P.s. of ?t'! j?+ 1 f1 Iw: 0 A Tr Original In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. S. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continua to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lander determines that requirement will cause undue hardship for Borrower. or unless extonuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantialty change rho Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and pieserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger In writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, am hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lander shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, far condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights In the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, of the Note rate, and at the option of Lender, shall be immediately due and payable. 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; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures 0-41R(PA) lwos)m Palo 4of 1 C0/7%e- giy Of kiww: NS .0? 4 O ?,,,? ,?,;,Orig121al 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 may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving ofrwtice. & Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by wiling to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. , (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of the darn-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701 j-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, Is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof. Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding thecommencement of a current foreclosure gyp, 6,1f i:^ Maim: •4R(PA) (mil m Original 1 "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environments) protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Leader gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the'Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lendees written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice ofbreach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure. It Lender requires immediate payment in full ander paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided In this paragraph 18, including, but not limited to, attorneys' few and costs of title evidence. If the Lender's Interest In this Security Instrument is held by the Secretary and the Secretary requires immediate payment In full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act'") (12 U.S.C. 3751 el seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the property as provided in the Act. Nothing In the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law. 19. Release. Upon payment of all sums secured by this Security lnstrumenk this Security Instrument and the estate conveyed shalt terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 20. 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 attachtment, levy and sale, and homestead exemptiom. 21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument 22. 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. 23. 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. LYS -4RIPA) losst.or Palo r.r I v % NOW n .???a` 41- Original proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Leader shall not be required to commence proceedings against any successor in interest or 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 Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower'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 may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law,, Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. 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. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. 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. Borrower shall promptly give Lender written notice of 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. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions an accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances 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. As used in this paragraph 16, UM lososjm ti ru..oro ??,, V . 040 n _ --/Original 24. Riders to this Security Instrument. if one or more riders are executed by Borrower and recorded together with this Security Instrument; the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)]. ? Condominium Rider Growing Equity Rider ® Other [specify] CJ Planned Unit Development Rider LJ Graduated Payment Rider Adjustable Rate Rider Y SIGNING BELOW, Borr r accepts and agrees to the terms contained in this Security Ins th?men! and in an rider(s) by Borrower and recorded with it w {Sealy NANCY SHEARER •8ortawv _ (Sao -Borrower (Seal) (Seal) -Borraww -Borrower (Seal) (Seal) -Borrower -Borrower -_ (Seal) (Seal) -Borrower -Borrower 4R(PA) (msy.at Page 6of3 Lrr?7r,' Original Certificate of Residence f, Rene Lockhart , do hereby certify that the correct ddress of the within-named Lender is 3000 Leadenha 1 S Road Mount Laur e l , NJ 08054 Witness my hand this 01 St day of October ?, 4 r Agent of Lendef COMMOZVwEALTB OF PENNSYLVAMA, CUMBERLAND County ss: On this, 01 St day of October , 2004 , before me, the undersigned officer, personally appeared , NANCY M. SHEARER (mown to me (or satisfactorily proven) to be the person(s) whose name is/are subscribed to the within instrument and acknowledged that he/shelthey executed the same for the purposes herein contained. IN WrMSS WHEREOF, F hereunto set my hand and official seal. My Commission Expires: a^a,(R. (0< `Y ?? CO ONW TH 0 PE VAPt1 Title of Officer NotViSISesl Amanda L. Fisher, Nomr? Public Carlistegoro,C+uotkri County M Commission CSA Noter6 MAO (n r. PaM90Nent a Aaaodeduti -4R{PA) tosesf.o+ J10006049 bwW: /14S Original Loan li: 0028994531 441-7 THIS ADJUSTABLE RATE RIDER is made this 01 st day of October 2004 , and is incorporated into and shall be deemed to amend and supplement the Deed of Trust or Security Deed ("Security Instrument") of the same date given by the u ("Borrower") to secure Borrower's Note ("Note') to Cendant Mortgage Corporation e "Lender') of the same date and covering the Property described in the SecuriW Instrument and 153 SOUTHSIDE DRIVE, NEWVILLE, PA 17241 (Property AW"I THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S. INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDTITONAL COVENANTS. In addition to the covenants and agreements made in the Securit; ^ument, Borrower and Lender further covenant and agree as follows: 'EREST RATE AND 114014 MY PAYMENT CHANGES (A) Change Date The interest rate may change on the first day of January , 2006 , and of day of each succeeding year. "Change Date" means each date on which the interest rate could change. (B) The Index Beginning with the fast Change Date, the interest rate will be based on an Index. "Index" means th, kly average yield on United States Treasury Securities adjusted to a constant maturity of one year, a le available by the Federal Reserve Board. "Current Index" means the most recent index figur lable 30 days before the Change Date. If the Index (as defined above) is no longer available, Lende use as a new Index any index prescribed by the Secretary. As used in this Rider, "Secretary means th retary of Housing and Urban Development or his or her designee." Lender will give Borrower notic x new Index. Mrlthfate ARM Rider. 30193 891U (9708).02 jt of 3 - INtlals:At;_ ' MORTGAGE FORMS - (800)521=1291 (C) Calculation of Interest Rate Changes Before each Change Date, Lender will calculate a new interest rate by adding a margin o Two and Seventy-F Ive / Hundredths percentage points 2.7500 °/,) to the Current Index and rounding the sum to the nearest one-eighth of an ercentage point (0.125%). Subject to the limits stated in paragraph (D) of this Rider, this rounde amount will be the new interest rate until the next Change Date. (D) Limits on Interest Rate Changes The existing interest rate will never increase or decrease by more than one percentage point (1.00/0) o ny single Change Date. The interest rate will never be more than five percentage points (5.096) higher o lower than the initial interest rate, as stated in Paragraph 2 of the Note. (E) Calculation of Payment Change If the interest rate changes on a Change Date, Lender will calculate the amount of monthly paymen )f principal and interest which would be necessary to repay the unpaid principal balance in thll at th aturiry Date at the new interest rate through substantially equal payments. In making such calculation ender will use the unpaid principal balance which would be owed on the Change Date if there had bee to default In payment on the Note, reduced by the amount of any prepayments to principal. The result o is calculation will be the amount of the new monthly payment of principal and interest. (F) Notice of Changes Lender will give notice to Borrower of any change in the interest rate and monthly payment amour he notice must be given at least 25 days before the now monthly payment amount is due, and must se girth (i) the date of the notice, (ii) the Change Date, (iii) the old interest rate, (iv) the, new interest rate, (v c new monthly payment amount, (vi) the Current Index and the data it was published, (vii) the method o alculating the change In monthly payinent amount, and (viii) any other information which may b equired by law from time to time. (G) Effective Date of Changes A new interest rate calculated in accordance with paragraphs (C) and (D) of this Rider will becom ffective on the Change Date. Borrower shall make a payment in the new monthly amount beginning o ,he first payment date which occurs at least 25 days after Lender has given Borrower the notice of Chang equired by paragraph (F) of this Rider. Borrower shall have no obligation to pay any increase in th onthly payment amount calculated In accordance with paragraph (E) of this Rider for any payment dat ccurring less than 25 days after Lender has given the required notice. If the monthly payment amoun alculated in accordance with paragraph (E) of this Rider decreased, but Lender failed to give timely notic f the decrease and Borrower made any monthly payment amounts exceeding the payment amount whi hould have been stated in a timely notice, then Borrower has the option to either (i) demand the return t orrower of any excess payment, with interest thereon at the Note rate (a rate equal to the interest rat hick should have been stated in a timely notice), or (ii) request that any excess payment, with interes hereon at the Note raie, be applied as payment of principal. Lenders obligation to return any excess ayment with interest on demand is not assignable even if the Note is otherwise assigned before the demand for return is made. ? L_'1091tf (9705).02 Page 2 of 3 WON: A.5 - y ALL that certain tract of land with the improvements thereon erected, situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a spike in the center of Township Road No. 349 on the dividing line between Lots Nos. 14 and 15 on the hereinafter mentioned Plan of Lots; thence by said dividing line, South 00 degrees 10 minutes East, 200 feet to an iron pin; thence North 84 degrees 26 minutes 20 seconds West, 1000 feet to an iron pin; thence by the eastern side of a proposed street 50 feet wide, North 00 degrees 10 minutes West, 200 feet to a spike in the center of Township Road No. 349 aforesaid; thence by the center of said Road, South 84 degrees 26 minutes 20 seconds East, 100 feet to the Place of BEGINNING. BEING Lot No. 14 on the Subdivision Plan of Lots of Thomas E. Meals, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 30, Page 27; and being improved with a dwelling known and numbered as 153 Southside Drive, Newville, Pennsylvania 17241. BEING the same premises which Craig A. Peters and Dixie A. Peters, by Deed dated and recorded even date herewith, granted and conveyed unto Nancy M. Shearer, Mortgagor herein. E?xT Al 05/15/2007 17:14 TEL 7175997794 J CONRAD 0 028 A,SSXGNMENT OF?MOR_TCAGE KNOW ALL MEN BY THESE PRESENTS that "FHB Mortgage Corporation, f/lda Cendant Mortgage Corporation' hereiaatter "Asdpor" the bolder of the Mmtgage bereimf3er mentioned, far and in ca usidawtion of the sum of ONE DOLLAR ($1.00) lawful money into it in hand paid by Mortgage Electronic Registration Systems Inc, "Assignee" at the time of execution hereof sell, assign, transfer and act over unto the said Assigns, the receiptwbereof is hereby acknowledged, does hereby grant, bargain, its successors and assigM ALL THAT CERTAIN indenture of Mortgage given and executed by Nancy lit. Shearer to Cendant Mortgage Corporation, bearing dwdate 10/1104, in the amount of $102,1192.00, together with the Note and indebtedness therein mentioned, said Mortg/ap being recorded on 10/5/04 in the County of Cumberland, Commouweahb of Pennsylvsoia, in Mortgage Boole 1883 Page 774,. Being Known as Premises: 153 Soutbalde Drive, Newvide, PA 17241 Parcel No: 31-13-0112.064 Also the Bond or Obligation in the said Indenture of Mortgage recited, and all Moneys, Principal and Interest, due and to grow due thereon, with the Warmt ofAttorney to the said Obligation annexed. Together with all Fights, Remedies and incidents terounto belonging. And all its Right, Title, Interest, Property, Claim and Demand, in and to 1& same: TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the hereditaatents and Premises hereby granxd and zmped, armentioned and intended so to be, with the oppurkames unto Assignee, its sttecdssors sad A'mVK to and for its only proper use, benefit and behoof lix wer subject, nevertheless, to the equity ofredemption of said Mortgagor in the said indenture of Mortgage named, and histbattimir heirs and assigns therein. IN WITNESS WEEREOF, the said "Assignor" bas caused its Co to Seal to be herein off red and these presents to be duly executed by its proper officers dbis ''1??1_1R? day of , 20?(- 0-1 P>SH Mortgage Corporation, f/lt/ a Corporation ROBERT P. 21MER By. ? Jason sus vice Pttrsident Sealed and Delivered c C p u DEEDS in the presence of us; ;1. C p `! 4 T Y ° i 05 SEP 28 AM 1144 Attest: State of Florida ss. County of larval on this i day of . 2OZbbefm me, the sabscribws personally appeared Jason Brady who acknowledged him/hcrwlf to be the Assistant Vice President of PM Mortgage Corporation, Vida Cendaat Mortgage Cagwration, and that biWdw, as such Assistant Vice President, being auffiwized to do so, wwcuoed the foregoing inoMmm rat for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and o al seal- t; ae StaIIV/SlSI' • r?. INYGareemiWOnl70J131s4 Notary Public T1oo?za N?1* CO the .No ?v t sy EVYaa " ab. 2008 Boar. 721 PAGE.IU 33 T.--.... - __ . 05/15/2007 17:15 TEL 7175997794 J CONRAD T1029 Laud Sa wises of PA 40 FOOMWX"4 SL*e 250 Mt. Lei NJ *M$4 (8m6) 793jw Fa3 (856) 7P"291 Issue Dtc: 09121/05 Effective Date: 5.2-05 L.J Order Nunn. PA32279 I rti a: f t }? i to L)- rC.CQ t , d Service< 1IH l?attgagie Cocpcaa F/K/A un f?eri ?,t ; ty ?t13 ty PA Cliwt Number: 116418 premises: 153 SoUthside Drive. NevMft PA 1 J-iw Cu mberland Comity Peaa9ylvank Recorder of Deeds Bond the from of evidawo in the Vp Wi&W puWr- records, CatapatrY artffcs that.tht: pnmim a0wed hereon are soot to the Has, rams ood cwmdm to title 1 +0i . Ut forth. no CaScate dose not owada a We iuso awe, bmbOq heroin is am=W by the 0M"" Sokly iR its aapx1W as an ab*=W for its ne 0rucc, mistakes or ontisdM in 9 sm no to e=eed Two Thousand Dollars. ALL that cx Wn tract of land with the improves thearean a vctA .situate in Palm Township, Cumberland County, PemM ivatua, botaoded w4 de='W as follows: BEGIN MG at a sp7ce in the ce tar of Town tip Road No. 349 on the dividing lino between Lots Nos. 14 and 15 on hereiaat w mendoead Plans of Lots; t by said dividing line, South 00 degrees 10 minutes Last 200 fat to an iron pin; dzenoe Nticth 84 degrees 26 mined a 20 awAn ds Went 100 feet to an icon pin; dmw by the EmAwn side of a proposed street 50 fxt wide, North 00 dogrm 10 mina is Wort 200 feet to a spUm in the center of Townabip Road 349 afamm4; ftm by the ceat r of said Road, South 84 degrees 26 mi nom 20 seconds Est 100 fiat to the place of BF.(IMMO. BEING LotNo.14 an Subdivision Plan of Lots of Th mas B. Mools, as reco ded iu the Office of the Recorder ofDeeds for Cmaberland County in Plan Book 30, Paco 27; and being improved with a dwdthlg house fomerly mown as RD. 1, Box 606, Nawvfila, PA 17241, now known as IS36 SoudWde Drive, Newvilte, PA 17241. (BEING the acme pwun m which Gregory L. Bunt and Cathy Lr Burd, his wife, by their Dad da0ed AprH 18, 1988, and rdeae+deri Aptil 20,1988, in the Office of ft Ram4w of eou 721 Pw I034 EXHIBIT B 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 V. NANCY M. SHEARER 153 SOUTHSIDE DRIVE NEWVILLE, PA 17241 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. "57- o`OSCt v1 CUMBERLAND COUNTY 0 r=ig rte---- CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE c?? iT? C-n 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 We hereby certify the wlthlin to t)e a true aM correct copy at the Original Mad of ra%cord °EDERMAN AND PHELAN tak; File k 116418 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 #: 116418 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: PHH MORTGAGE CORPORATION F/K/A CENDANT 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: NANCY M. SHEARER 153 SOUTHSIDE DRIVE NEWVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/01/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CENDANT MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1883, Page: 774. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2005 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 #: 116418 6. The following amounts are due on the mortgage: Principal Balance $101,834.58 Interest 2,204.16 12/01/2004 through 05/13/2005 (Per Diem $13.44) Attorney's Fees 1,250.00 Cumulative Late Charges 85.20 10/01/2004 to 05/13/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 105,923.94 Escrow Credit -254.29 Deficit 0.00 Subtotal $- 254.29 TOTAL $ 105,669.65 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 105,669.65, together with interest from 05%13/2005 at the rate of $13.44 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 HALLINAN & SCHMIEG, LLP By: /s/Francis S. Hallman LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 116418 LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected, situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a spike in the center of Township Road No. 349 on the dividing line between Lots Nos. 14 and 15 on the hereinafter mentioned Plan of Lots; thence by said dividing line, South 00 degrees 10 minutes East 200 feet to an iron pin; thence North 84 degrees 26 minutes 20 seconds West 100 feet to an iron pin; thence by the Eastern side of a proposed street 50 feet wide, North 00 degrees 10 minutes West 200 feet to a spike in the center of Township Road 349 aforesaid; thence by the center of said Road, South 84 degrees 26 minutes 20 seconds East 100 feet to the place of BEGINNING. BEING Lot No. 14 on the Subdivision Plan of Lots of Thomas E. Meals, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 30, Page 27; and being improved with a dwelling house formerly known as R.D. 1, Box 606, Newville, PA 17241, now known as 153 Southside Drive, Newville, PA 17241. BEING the same premises which Gregory L. Burd and Cathy L. Burd, his wife, by their Deed dated April 18, 1988, and recorded April 20, 1988, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 33H, Page 181, granted and conveyed unto Craig A. Peters and Dixie A. Peters, his wife, Grantors herein. PREMISES: 153 SOUTHSIDE DRIVE Re M 116418 MARC J. HINKLE hereby states that he/she is V.P. of CENDANT MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: ?51 I t [5-- EXHIBIT C SHERIFF'S RETURN - REGULAR CASE NO: 2005-02505 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS SHEARER NANCY M BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE SHEARER NANCY M was served upon the DEFENDANT , at 1915:00 HOURS, on the 2nd day of June , 2005 at 153 SOUTHSIDE DRIVE NEWVILLE, PA 17241 ATT7. Ov CWVADVD by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.88 Affidavit .00 Surcharge 10.00 .00 36.88 Sworn and Subscribed to before me this day of A. D. So Answers: R. Thomas Kline 06/03/2005 PHELAN HALLINAN SCHMIEG L?' l( By: ep ty Sheriff Prothonotary PHELAN HALLINAN & SCHMIEG, L.L.P. n n 0 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 z~' " c ' rn (215) 563-7000 Fn .I=' r . tQ j c' - MORTGAGE ELECTRONIC REGISTRATION " c SYSTEMS, INC. CUMBERLAND COUNTY 8201 GREENSBORO DRIVE, SUITE 350 COURT OF COMMON PLEAS MCLEAN, VA 22102 CIVIL DMSION cLk Plaintiff, NO. 2005-2505 y NAryHEARER •?Q??? Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against NANCY M. SHEARER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 5/14/05 to 7/12/05 TOTAL $105,669.65 $ 806.40 $106,746.05 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. L'v ?-? Attorney for Plaintiff Q D4WS ARE HEREBY ASSESSED AS INDICA IT jj-&? D AT : ?bS PRO PROTHY EXHIBIT E TaxDB Result Details Page 1 of 1 Detailed Results for Parcel 31-13-0112-069. in the 2004 Tax Assessment Database DistrictNo 31 Parcel ID 31-13-0112-069. MapSuffix HouseNo 153 Direction Street SOUTH SIDE DRIVE Ownerl SHEARER, NANCY M C/O PropType RT PropDesc LivArea 1035 CurLandVal 31000 CurImpVal 11460 CurTotVal 42460 CurPrefVal Acreage .46 CIGrnStat TaxEx 1 SaleAmt 102900 SaleMo 10 SaleDa 05 SaleCe 20 SaleYr 04 DeedBkPage 00265-03002 YearBlt 1979 HF File Date HF Approval_Status http://taxdb.ccpa.net/details.asp?id=31-13-0112-069.&dbselect=l 6/ 1 /2007 EXHIBIT F i S. W. BARRETT REAL ESTATE & APPRAISAL SERVICES 441.7570434 ?^ c Fife No. 04-0586 I I ? I +I I I I - I I i I i APPRAISAL OF i ? I i I i I I I I j ? j A ? x I k s.?•: ?I I I i I ? LOCATED AT: 163 South Slde Drive Newvills, PA 17241 I i. FOR: ? HomeSale Mortgage Services ISO FerminEton Lane Lancaster, PA 17801 i BORROWER: SHEARER, Nancy I I AS OF: I I August 24, 2004 i BY: I Stan A. Skowronsk Certified Residential Appraiser 124-126 NORTH HANOVER STREET, CARLISLE, PA 17013, 717.243-6646, FAX 717-243-8627 NI8 N0. i I I j I HomSole Mortgage Services 150 IFannington Lane Lancaster, PA 17501 File Number: 04-0386 I i j i, In accordance with your request, I have personally inspected and appraised the real property at. j 152 South Side Drive Nswville, PA 17241 The purpose of this appraisal is to estimate the market value of the subject property, as improved. The property rights appraised are the fee simple interest in the site and improvements. i ?j In my opinion, the estimated market value of the property as of August 24, 2004 is: $104,000 One Hundred Four Thousand Dollaaa j The attached report contains the description, analysis and supportive data for the conclusions, final estimate of value, descriptive photographs, limiting conditions and appropriate certifications. S. W. BARRETi 7 REAL ESTATE 3 APPRAISAL SERVICES ?^^ tee Vm7n.eaA / /.?d.? GENERAL DESCRIPTION No, of Units 1 EXTERIOR DESCRIPTION Foundation Cone. Block FOUNDATION Slab None BASEMENT Area Sq.Ft None INSULATION Roof No. of Stories 1 Exterior Walls Vin Cra+lSpece Full % Finished NIA Ceiling Type (DetJAtt.) Detached Roof Surface Fibe rglass Basement None Ceiling NIA Walls S ?? Design (Style) Dblewide Gutters & Dwnspts. Aluminum Sump Pimp NIA Walls N/A Floor L Existing/Proposed IExistin Window Type Casement Dampness NIA Floor NIA None ? Age (Yrs.) 25 StormtScreens Settlement None ®toe. Outside Entry NIA U.- Effective Ace Yrs. 5-10 Manufactured Ho 6a Infestation Novo Obs. . • ROOMS Fo er Livin Dinin Kitchen Den Family Rm. Rec. Rm. Bedrooms r Baths Laundry Other Area S .Ft. Basement Levels t area 1 3 2 1,035 ° Level2 Finished area aibov rade contains: S Rooms: 3 Bedi'DOM s : 2 Baths ; 1 035 S t> gre Feet of Gross Living Area INTERIOR Materials/Condition Floors Car et/Vin !/Good HEATING Type FHA KITCHEN EQUIP, Refrigerator A ATTIC None AMENITIES Fireplace(s) # ? CAR STORAGE None ? : ° Walls Vin UGood - Fuel Oil Range/Oven I? Stairs Patio Garage 1 r of cars TrimlFinish Vinyl/Good CondAionAv Disposal Drop Stair Deck Wood Attached Bath Floor Ca eti n I/Good Bath Wainscot Vinvl/Good COOLING Central Yes Dishwasher FaNHood X Scuttle Floor Porch Covered X Fence Detached Buia-In Doors Hollow Core/Good Other None Microwave Heated Pool Carport Good Condition ConddonAv Washer/D r Finished Drivewa 4/Stone III??? Additional features (special energy efficient items, etc.): eront eovereci Oren. Rear wood deck. CeRin fens. ?A Condition of the improvements. depreciation (physical, functional, and external), repairs needed, quality of construction remodeling/additions, etc.: See VC Adverse environmental conditions (such as, but not limited to, hazardous wastes, toxic substances. etc.) present in the improvements, on the Site. or in the nmedia:e vicinity of the subject property: No adverse environmental conditions are apparent/disclosed. F?®oaM rk:r m?,3 6.33 PAGEI OF2 Fa MK F-'M4 5,9. aoacea -q nci ot- co2u snr w. ac«.a.r. SUMMARY APPRAISAL REPORT 441.7570434 '-721 0 0 SUMMARY APPRAISAL REPORT 441'7570434 uaticn Section UNIFORM RESIDENTIAL APPRAISAL REPORT File No. 04-0586 ESTIMATED SITE VALUE, . ... . ..................... - S 22.000 Comments on Cost Approach (such as, source of cost estimate, ESTIMATED REPRODUCTION COST-NEW OF IMPROVEMENTS: site value. square foot calculation and for HUD. VA and Ini the Dwelling Sq. Ft % $- S 0 estimated remaining economic life of the property): Sq. Ft. v S See attached sketch addendum, Estimated Remaining Garage/Carport Sq. Ft. @ S - I FNAIVA sales transactions and minimal adequate Total Estimated Cost New • S _ 0 government sales transactions were avallalble for this Physical Functional External Est. Remaining Econ. Life: gnaws. ci eciated Value of Improvements . ............... S 0 is'Value of Site Improvements . ...... ........ S ATED VALISE 9Y COST APPROACH • • • .. S 22 00 ITEM SUBJECT COMPARABLE NO. 1 COMPARABLE NO.2 COMPARABLE NO. 3 South Side Drive ess Nawvllle [ 2475 Ritner Highway, Carlisle PA 33 Peach Orchard Road Newvllle 10 Smith Road Gardn imit to Subject 8.0 MI NE 3.4 MI SSW 8.8 Mi E P ce S 102 900 S 124 900 S 99 900 S 113 900 Grdss Lv. Area andlof cation Sources f 99.42 m Inspection Courthse Rec S 82.61 m a9 ;1i re, MLS/Courthouse Records S 98.72 m 5r ML.S/Courthouse Records S 75, 3 m AppData/Courthse E ADJUSTMENTS DESCRIPTION DESCRIPTION DESCRIPTION DESCRIPTION or Financing essions Concessions $3,000 CI,CCB-W None, Conv DOM 64 None, Cone DOM 5 $4900 Cl. Costs FHAIDOM 34 Date of sale Time 01129/2004 07/21/2003 0713012004 Location Suburban Suburban Suburban Suburban LeaserwfeeStye Fee Simple Fee simple Fee -Simple Fee Simple Site .46 Ac1Av 1.14 Ac)AV -2,040 3.23 AC/AV -8,310 1.88 AnIAV -4,260 View Residential Residential Residential Residential Di n and A eal DblewidelAv DblewidelA Dblewldto DbleWdelAv QuakNofConstruction Average Avon! a Aven Averreals A e 25 Years 7 Y9ars/1996 a YesrsN995 5 Yearsll993 Condition Good Good Good Average Above Grade Toni ' Hams ' sum, Tmr ; amens ' cans Tons ' W., ' Rawl Toni ; Bid- Room Count 10 5 3 2.00 7; 3; 2.00 61 3 240' 6 2.00'2.00 Gross Living Area 1,035 S .Ft 1,5`12 .Ft -4,770 1 012 S .FL 0 1,512 5 .Ft. -4,770 Basement & Finished Rooms Below Grade Crawl Space Crawl Space Crawl Space Crawl Space Functional Utility Average Average Average Average Heatin 'Conlin FHAICA FHA/CA FHAICA FHA/CA Ener Elfdern Items Typical Typical T Icai Typical Gara elCar on 1 Car Gare e 2 CG rkS .6000 None 3,000 None 3.000 Porch, Pauo, Deck. Fire laces ,etc. Porch/Deck Sun Room/ -3,000 Porch Deck/Patio 1,500 Sun Rooml -3,000 1 Fire lace Fence. Pool, etc. Norte None None None Net Ad. total "l S 15 810 X - ' S 3,810 X - S 9,030 Adjusted Sales Price of Corn arable Cartus 7P;7% : ,? Ide¢ n -12 =+ f 109 090 GiM 12.8% Ni • " $ 98 090 Grtrss ;, 3 2%r ,' 104 870 N? :44% $ 0 rF1LOORPLAN v D., 75+ Ft (well to sptc) 25+ ft. to bou ndry M Bath m e I ? i Kitchen c 11-j \j I N Bedroom nsdreom Living 45.00 Sptc pletld 12C-+n' (Well to Field) Sketch by Apex IV Windows- AREA CALCULATIONS SUMMARY Code Deserlptlan - 31u TOWS CzAl First Floor 2034.99005 1034.99005 P/P Wood Dock 216.0000 t Covered Porcb 95.0000 I 312.0000 i f C TOTAL LIVABLE (rounded) 1035 LIVING AREA BREAKDOWN Breakdown Subtotals First Floor 23.00 s 45.00 l I 1034.9905 1 I 1 I I Area Total (rounded) l ? ? ? 1035 524-126 NORTH HANOVER STREET, CARLISLE, PA 17013, 717-243.6646, FAX 717-243-6627 LOCATION MAP + 08/25/2004 14:24 717763 DAVID MCMASTA PAGE 02/02 RUG-25-c0Qd(WE01 1d. 32 OAW' VO R550_C_IAi_E5 REALT9 (FAX, 7 258 8877 P.002/002 J I, f { i P 1 f FlOMES ?a{bur?crunlw' coxr I I't P. 0. sox41Cl I I I i @01 MN, Vt9aJNlx 23 7 I (434 735-619l7 l ' i nA.Ya ( .7284928 i i• August 25, ZSW ( ?? ("F'$3s i? ¢a? eorSfl£y t I>oznm : t I JbomaFA S*VW #v 32o4-0 1rw-SC -%-6907 VR (2979 Orr. aecodc9?j, mui>is by VD ?Set?srBog org., B??eo?, VAs, waa 049432 =d CM951 M V'C'RCTN7A N®YM MANBJFACnMG COW. 119wL0 II /t I 91C?'sffiAty- s CtJ089irSS' f 1 +i" A i ?i ?!• _ C?At8ft0o lm 79 ,? f I B1ECT PROPERTY PHOTO ADDENDUM ml? f? r.?? - rt f FRONT VIEW OF SUBJECT PROPERTY A,wWsad DateAUgust 24.2004 REAR VIEW OF SUBJECT PROPERTY STREET SCENE COMPARABLE SALE #1 2473 Bi*w N%o wray. Cwgs* PA Sale-Date: VIrM2W4 Sale Price: $ UAW COMPAfitABLE SALE #2 33 Peach ®mhwd Rmd N*Wvllas Sale Date: 07121PAM Side Price: $ 99,90t COMPA9MLE SALE #3 10 $nDM l&mad ¢itrr*Dom Sale Date: 0713012004 Sale Price: S 113,908 Ct "ARABLE PROPERTY PHOTO ADDENDU EXHIBIT G ?.-? r '? ?, SHERIFF'S SALE r ' S f A. _ ON& ,fr - IV ?k, EXgIBIT A • COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SAFETY ADMINISTRATION HARRISBURG, PA 17123 7/02/07 FULL SPECTRUM LEGAL SERVICES 400 FELLOWSHIP ROAD SUITE 220 MOUNT LAUREL NJ 08054-0000 Dear Customer: 071830704000057 007 The Bureau of Motor Vehicles has received your request for information. We are not able to provide this information because the record you requested, as indicated below, does not exist in our files. NAME : *SHEARER,NANCY If you have any questions concerning this information, please contact Vehicle Record Services at the address or telephone number listed below. Sincerely, Customer Service Team Bureau of Motor Vehicles ADDRESS CORRESPONDENCE TO: Department of Transportation Vehicle Record Services PO Box 68691 Harrisburg, PA 17106-8691 INFORMATION: (8:00 AM TO 6:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-412-5300 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-412-5380 www.dot.state.pa.us 1 ' -1 1 ?X PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey July 18, 2007 Nancy M. Shearer 153 Southside Drive Newville, PA 17241 RE: Mortgage Electronic Registration Systems, Inc. vs. Nancy M. Shearer Cumberland County CCP, No. 2005-2505 Dear Defendant, Enclosed please find a true and correct copy of my Motion for Equitable Conversion and proposed order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by Wednesday July 25, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. 1, Esquire & Schmieg, LLP ro ?] ?. to . - .. w N .r .? .. O ?O 00 J Q? LA A w N p wz r? ? a OD O' A N •f A "S A A zz w m 0 3 o b b ?. ? ?D ?w °y s ? A A ,r* ? a ? b o 0 ? n ? A A n e a ? y e g? a 0 N ? M O O pH `pp1 O O O N •' A ^? C y- O . ? 0•m ' + CfT c?Q ? o o y o ? ? O n 3 W - ?. cr . ^ °f ? eZi 7 O,g Asa ? ?P?P " ?n Vl7rlE BOWES 02 1M $ 01.050 00 04218010 JUL 18 2007 MAILED FROM ZIP CODE 1 91 03 H 5- o? ' ?1S S ?? 8v oaz "0. A a3 A A W r7 •t Q A 0 bo air ?o » r2 00 w ? Ro x ? Gn x r S V VERIFICATION Michele M. Bradford, Esquire hereby states that she is the attorney for the Plaintiff in this action, that she is authorized to make this Verification, and that the statements made in the foregoing Plaintiffs Motion for Equitable Conversion to Real Property, and Brief in support thereof are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. LLP DATE: --) I y$ I L)7 1 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. 8201 Greensboro Drive, Suite 350 McLean, VA 22102 Plaintiff VS. Nancy M. Shearer 153 Southside Drive Newville, PA 17241 Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 2005-2505 Civil CERTIFICATION OF SERVICE TO THE PROTHONOTARY: I hereby certify that true and correct copies of the foregoing Motion for Equitable Conversion to Real Property and Brief in support thereof, were served by regular mail on Defendant on the date listed below. Nancy M. Shearer 153 Southside Drive Newville, PA 17241 DATE: ?V% co PHELATv? N & SCHMIEG, LLP BY: is e e . Brad or squire Attorney for Plaintiff r..-a r'1 c y s:"7 t c-n c-; MORTGAGE ELECTRONIC IN THE COURT OF COMMON PLEAS OF REGISTRATION SYSTEM, CUMBERLAND COUNTY, PENNSYLVANIA INC., Plaintiff V. NANCY M. SHEARER, Defendant : CIVIL ACTION - LAW NO. 05-2505 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR EQUITABLE CONVERSION TO REAL PROPERTY BEFORE OLER, J. ORDER OF COURT AND NOW, this 31S` day of July, 2007, upon consideration of Plaintiff's Motion for Equitable Conversion to Real Property, a Rule is hereby issued upon Defendant and any other interested party to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. PLAINTIFF shall be responsible for serving Defendant and any other interested party and shall file a proof of service. ,04ichele M. Bradford, Esq. PHELAN, HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 JFK Blv uite 1400 Philadelp , PA 19103 Atto v for Plaintiff Xancy M. Shearer 153 Southside Drive Newville, PA 17241 Defendant, pro Se A BY THE COURT, J/)Vesley Olet, Jr., J. :rc VINVnusNN3d SZ :£ Wd ! £ Inf LOOZ MViCNOHiQdd 3Hi ?O 301±40-09114 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. 8201 Greensboro Drive, Suite 350 McLean, VA 22102 Plaintiff vs. Nancy M. Shearer 153 Southside Drive Newville, PA 17241 Defendant Court of Common Pleas Civil Division Cumberland County No. 2005-2505 Civil CERTIFICATION OF SERVICE TO THE PROTHONOTARY: I hereby certify that a true and correct copy of the Order of Court dated July 31, 2007 was served by regular mail on Defendant on the date listed below. Nancy M. Shearer 153 Southside Drive Newville, PA 17241 PHELAN MA LLRJAN & SCHMIEG, LLP 1 DATE: BY: Attorney Esquire Q ? ? PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Court of Common Pleas 8201 Greensboro Drive, Suite 350 McLean, VA 22102 Vs. Nancy M. Shearer 153 Southside Drive Newville, PA 17241 Plaintiff Defendant : Civil Division : Cumberland County : No. 2005-2505 Civil MOTION TO MAKE RULE ABSOLUTE Mortgage Electronic Registration Systems, Inc. hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. On July 26, 2007, Plaintiff filed a Motion for Equitable Conversion. 2. On July 31, 2007, the Court entered an Order directing the Defendant to respond to the Motion within twenty days of service. A true and correct copy of the Order is attached hereto, made part hereof and marked as Exhibit "A". 3. Plaintiff served a copy of the Order on Defendant on August 6, 2007. A true and correct copy of the Certification of Service is attached hereto, made part hereof and marked as Exhibit "B". 4. Defendant failed to respond or otherwise plead to the Order dated July 31, 2007. WHEREFORE, Plaintiff prays that this Honorable Court make the Rule to Show Cause Absolute and grant Plaintiff s Motion for Equitable Conversion. % PHEL SCHMIEG, LLP Date: U Michele M. Bra fo squire Attorney for Plaintiff EXHIBIT A MORTGAGE ELECTRONIC IN THE COURT OF COMMON PLEAS OF REGISTRATION SYSTEM, CUMBERLAND COUNTY, PENNSYLVANIA INC., Plaintiff V. : CIVIL ACTION - LAW NANCY M. SHEARER, Defendant NO. 05-2505 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR EQUITABLE CONVERSION TO REAL PROPERTY BEFORE OLER, J. ORDER OF COURT AND NOW, this 31s` day of July, 2007, upon consideration of Plaintiff s Motion for Equitable Conversion to Real Property, a Rule is hereby issued upon Defendant and any other interested party to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. PLAINTIFF shall be responsible for serving Defendant and any other interested party and shall file a proof of service. Mi ele M. Bradford, Esq. P LAN, HALLINAN & CHMIEG, LLP One Penn Center at Suburban Station 1617 JFK Blvd., Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff Nancy M. Shearer 153 Southside Drive Newville, PA 17241 Defendant, pro Se TRUE COPY in Testimony f h -1, 6 L_r andrthe seal of 5 ;i ,tc a my hand rs12, Pa. :rc BY THE COURT, . . . . "D Mkia11i?YL.i PY PLEASE WUN PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (2151563-7000 Mortgage Electronic Registration Systems, Inc. 8201 Greensboro Drive, Suite 350 McLean, VA 22102 Plaintiff VS. Nancy M. Shearer 153 Southside Drive Newville, PA 17241 Defendant ATTORNEY FOR PLAINTIFF : Court of Common Gn cn. ?=: ors : Civil Division c - .o : Cumberland County'"C J s : No. 2005-2505 Civil-' C r CERTIFICATION OF SERVICE TO THE PROTHONOTARY: I hereby certify that a true and correct copy of the Order of Court dated July 31, 2007 was served by regular mail on Defendant on the date lidEed below. Nancy M. Shearer 153 Southside Drive Newville, PA 17241 PHELAN DATE: 8) 1,1 07 BY: Attorney ?T'OPir FILE Co NL'ktO & SCHIVITEG, LLP Esquire VERIFICATION Michele M. Bradford, Esquire hereby states that she is the attorney for the Plaintiff in this action, that she is authorized to make this Verification, and that the statements made in the foregoing Plaintiff s Motion are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. DATE: !L 10-1- PHELV001? N & SCHMIEG, LLP BY: Michele M. B ford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. 8201 Greensboro Drive, Suite 350 McLean, VA 22102 Plaintiff VS. Nancy M. Shearer 153 Southside Drive Newville, PA 17241 Defendant Court of Common Pleas Civil Division Cumberland County : No. 2005-2505 Civil CERTIFICATION OF SERVICE I hereby certify a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served by regular mail on all interested parties on the date listed below: Nancy M. Shearer 153 Southside Drive Newville, PA 17241 ?y PH LAN HALLINAN & SCHMIEG, LLP Date: 5 7 Aulh Mi e e M. Bradford, Esquire Attorney for Plaintiff E r r",1 F3 rn J c SEP 071007p" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Mortgage Electronic Registration Systems, Inc. Court of Common Pleas 8201 Greensboro Drive, Suite 350 McLean, VA 22102 Civil Division Plaintiff VS. Nancy M. Shearer 153 Southside Drive Newville, PA 17241 Defendant ORDER AND NOW, this day of S _, (34 Plaintiff's Motion to Make Rule Absolute, it is hereby : No. 2005-2505 Civil , 2007, upon consideration of ORDERED and DECREED that the dwelling at 153 Southside Drive, Newville, PA 17241, Penn Township with a tax parcel I.D. number of 31-13-0112-069 is equitably converted to real estate by way of this motion, and not subject to separation from land, and it is ORDERED and DECREED that the Cumberland County Recorder of Deeds is hereby directed to accept a certified copy of this order for recording. '? N" .0 BY THE COURT: ?- N ? ? ? ? ? . ?? .- y -? ?r ? ? . t''? 'j'" V COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which PHH Mtg Cor2 is the grantee the same having been sold to said grantee on the 3rd day of Oct A.D., 2007, under and by virtue of a writ Execution issued on the 11th day of Jan, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 2505, at the suit of Mortgage Electronic Registration Systems Inc against Nancy M Shearer is duly recorded as Instrument Number 200741613. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this A IN , A.D.AO a day of R" ,g p..d,, Cumbe?endty PA d Recorder of Deeds Coun. Carl*, My Canes m Expires the Fkat Monday of Jan. 2010 Mortgage Electronic Registration Systems, Inc. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Nancy M. Shearer Writ No. 2005-2505 Civil Term Cpl. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on February 6, 2007 at 1815 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Nancy M. Shearer, by making known unto Nancy M. Shearer, personally, at 153 Southside Drive, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 1528 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Nancy M. Shearer, located at 153 Southside Drive, Newville, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Nancy M. Shearer, by regular mail to her last known address of 153 Southside Drive, Newville, PA 17241. This letter was mailed under the date of April 3, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on October 3, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of PHH Mortgage Corporation. It being the highest bid and best price received for the same, PHH Mortgage Corporation, of 4001 Leadenhall Road, Mount Laurel, NJ 08054, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,045.64. Sheriffs Costs: Docketing $30.00 Poundage 20.51 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Prothonotary 1.00 Mileage 23.04 Levy 15.00 Surcharge 20.00 Post Pone Sale 40.00 Law Journal 377.00 Patriot News 350.42 Share of Bills 16.17 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 1045.64 So Answer : R. Thomas Kline, Sheriff B Real E e Sergeant /1.107/07 (?- dl-? X01- 4 v-,) C-0 ?1p'71 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION NANCY M. SHEARER . NO. 2005-2505 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 ,153 SOUTHSIDE DRIVE, NEWVILLE, PA 17241. 1. Name and address of Owner(s) or reputed Owner(s): Name NANCY M. SHEARER Last Known Address (if address cannot be reasonably ascertained, please indicate) 153 SOUTHSIDE DRIVE NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please 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 153 SOUTHSIDE DRIVE NEWVILLE, PA 17241 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 unworn falsification to authorities. Janupa 10, 2007 DATE DANIEL G. SCHMIEG, ESQUIRE` Attorney for Plaintiff .4. MORTGAGE ELECTRONIC REGISTRATION CUMBERLAND COUNTY SYSTEMS, INC. Plaintiff, No. 2005-2505 V. NANCY M. SHEARER Defendant(s). January 10, 2007 TO: NANCY M. SHEARER 153 SOUTHSIDE DRIVE NEWVILLE, PA 17241 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED 97LL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKR UPTCYAND 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, 153 SOUTHSIDE DRIVE, NEWVILLE, PA 17241, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $106,746.05 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. All. 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 .ti K?Klbj ;.1 ! A M-c?)?1 ALL that certain tract of land with the improvements thereon meted, situate in Penn Township, Cumbedand County, Pennsylvania, bounded and described as follows; BEGO94M G at a spike its the center of Township Road No. 349 on the dividing line between Lots Nos. 14 and 15 on harchxaft mentioned Plans of Lots; theta by said dividing line, South 00 degas 14 minutes East 200 feet to an iron pin; thence North 84 degree=s 26 minutes 20 seconds West 100 feet to an iron pin, thence by the Eastern side of a proposed street 50 feet wide, North 00 degrees 10 minutes West 200 feet to a spike in the center of Township Road 349 aforesaid; thence by the center of said Road, South 84 degrees 26 minutes 20 seconds East 100 feet to the place of BEGINNING.. BEING Lot No. 14 on Subdivision Plan of Lots of Thomas E. Ideals, as recorded in the Office of the Recorder of Deeds far Cumberland County in Plan Boob 30, Page 27; and being unproved with a dwelling house formerly known as R.D. 1, Box 606, Newville, PA 17241, now known as 1536 Southside Drive, Newville, PA 17241. BEING the same premises which Gregory L. Burd and Cathy L. Burl, his -A ife, by their Did dated April 18, 1998, and recorded April 20, 1988, in the Office of the Recorder of Deeds in anal for Cumberland County, Pennsylvania, in Deed Berk 33H, page 181, granted and conveyed unto Craig A. Peters and Dix e A. Peters, leis wife, Granttrrs herein. Parcel plumber: 31-13-011249 T1'I'LE TO SAID PREM15 J§ VESMD IN Nancy M. Shearer, single, by Dead €raen Craig A. Peters and :Dixie A. Peters, his wife, elated 1€1-1-04 and recorded 10-5-04, in Deed Book 265, page 3002. Premises: 153 Southside Drive, Newville, PA 17241 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 05-2505 Civil COUNTY OF CUMBERLAND) 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 NANCY M. SHEARER (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 $106,746.05 L.L. Interest FROM 1/8/07 TO 6/13/07 (PER DIEM - $17.50) - $12,267.50 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $1071.95 Other Costs Plaintiff Paid Date: JANUARY 11, 2007 (Seal) 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 -,F-.y Supreme Court ID No. 62205 Nun ea rLA- Real Estate Sale # 06 On January 25, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Penn Township, Cumberland County, PA Known and numbered as 153 Southside Drive, Newville, Penn Township, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: January 25, 2007 By: Pb JKAT" -LL Real Estate Sergeant 9? :Z d Z I MC tdfll 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 20, 27 & May 4, 2007 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. REAL ESTATE BALE NO. 6 Writ No. 2005-2505 Civil Mortgage Electronic Registration Systems, Inc. VS. Nancy M. Shearer Atty.: Daniel Schmieg DESCRIPTION ALL that certain tract of land with the improvements thereon erected, situate in Penn Township, Cumber- land County, Pennsylvania, bound- ed and described as follows: BEGINNING at a spike in the center of Township Road No. 349 on the dividing line between Lots Nos. 14 and 15 on hereinafter men- tioned Plans of Lots: thence by said dividing line, South 00 degrees 10 Li Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 4 day of May, 2007 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2099 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with 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 18th and 25th day(s) of April and the 2nd day(s) of May 2007. 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#6 ftd ?? waft IM1i . ,. Sworn to and subscribed before me this 18th day of May 2007 A.D. !' is COMMONWEALTH OF PENNSYLVANIA p 9 Notarial Seal P l yg ic Terry L. Russell, Notary ub WnW ft r ; Of Hanisburg; Dauphin County IIrwWN 4 ommission Expires June 6, 2010 m . Pennsvlvar.ia Association of Notaries 7 ALL, dke -satin trv- gat' kad wleA do k .4 x mod. tdb* in Poe ? NO ARY PUBLIC cam' i,p f the oaltei "if &W ?4&-34q on dt &Vftg in a d bmwem T? N ,od 15 as lt+? CUMBERLAND COUNTY SHERIFF'S OFFICE 64 AXW n it meogmcdFfaoc st tgl?,;lhd?ae b9 piddnoi?g CUMBERLAND COUNTY COURTHOUSE line, 900*r4D1o2 CARLISLE, PA. 17013 a "m bt iire $?uldiici?e°I['s?? s4met 50 h*-* *wd1tt 4wvm liairirrea ltrt?