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HomeMy WebLinkAbout05-2988PHELAN 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. DOMINIC J. OLIVERI SONYA H. OLIVERI 235 BOBCAT ROAD CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Q j- off `/ &,(,/ 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 rileH: M360 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 it 117360 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: COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: DOMINIC J. OLIVERI SONYA H. OLIVER] 235 BOBCAT ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 01/26/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1854, Page: 2943. 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 01/04/2005 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 #: 117360 The following amounts are due on the mortgage: Principal Balance $84,856.93 Interest 3,014.44 12/04/2004 through 06/08/2005 (Per Diem $16.12) Attomey's Fees 1,250.00 Cumulative Late Charges 140.10 01 /26/2004 to 06/08/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 89,811.47 Escrow Credit 0.00 Deficit 3,176.56 Subtotal $ 3,176.56 TOTAL $ 92,988.03 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 92,988.03, together with interest from 06/08/2005 at the rate of $16.12 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 LINAN & SCHMI By: /s/Francis .Hallman n AWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 117360 LEGAL DESCRIPTION All that certain tract of land with the improvements thereon erected situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a spike in the center of Township Road #451 at the comer of property of John H. Wingert; thence along the latter, North 7 degrees 26 minutes West 250 feet to an iron pin; thence along the same property of Harold D. Lindsey, Jr., North 73 degrees 29 minutes West 544.57 feet to an iron pin; thence along property of Edgar D. Bartels, North 9 degrees 30 minutes East 573 feet to a stake; thence along the same, North 14 degrees 38 minutes East 133 feet to a stake; thence along property of Richard C. Parr, et ux, South 79 degrees 17 minutes 10 seconds East 327.21 feet to a stake; thence still along the same, South 7 degrees 26 minutes East 1,039.16 feet to a spike in the center of the aforesaid road; thence along the latter, South 79 degrees 45 minutes West 30 feet to a spike, the place of beginning. Containing 7.761 acres according to a survey of Thomas A. Neff, R.S. dated December 3, 1970. BEING the same premises conveyed to the Grantor(s) by Deed from Sonya H. Wagner Oliveri, dated 11-13-92 and recorded in the office of the Recorder of Deeds of Cumberland, PA County on I 1-16-92 to Deed Book Z35, Page 482. PREMISES: 235 BOBCAT ROAD File #: 1 M60 VERIFICATION CRAIG ANDERSON hereby states that he/she is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC. 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. ?j CRAIG ANDERSON, VICE PRESIDENT DATE: V w 4 o t= ri -41 r ? A LL SHERIFF'S RETURN - REGULAR CASE NO: 2005-02988 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS OLIVERI DOMINIC J ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon OLIVERI DOMINIC J the DEFENDANT , at 1655:00 HOURS, on the 24th day of June , 2005 at 235 BOBCAT ROAD CARLISLE, PA 17013 DOMINIC OLIVERI by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.66 Affidavit .00 Surcharge 10.00 .00 34.66 Sworn and Subscribed to before me this day of j" p oZUoi? A.D. Q 71 L--- ^-?f rothonotary So Answers: R. Thomas Kline 06/28/2005 PHELAN HALLINAN SCHMIEG Deputy Sheri f SHERIFF'S RETURN - REGULAR CASE NO: 2005-02988 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS OLIVERI DOMINIC J ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon OLIVERI SONYA H DEFENDANT the at 1655:00 HOURS, on the 24th day of June , 2005 at 235 BOBCAT ROAD CARLISLE, PA 17013 by handing to DOMINIC OLIVERI, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of A. D. n ?.2c., nPaz' Prothonotary ' 9? So Answers: R. Thomas Kline 06/28/2005 PHELAN HALLINAN SCHMIEG B eputy 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 SYSTESMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-2988 DOMINIC J. OLIVERI SONYA H. OLIVERI 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 DOMINIC J. OLIVERI and SONYA H. OLIVERI, 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 6/9/05 to 7/28/05 TOTAL $92,988.03 $806.00 $93,794.03 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. s, K 7 IEL G. SCHMPEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: r ZOL.s lkalt??L PRO ROTHY (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTESMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. DOMINIC J. OLIVERI SONYA H. OLIVERI Defendant(s). CIVIL DIVISION NO. 05-2988 Notice is given that a Judgment in the above-captioned matter has been entered against you on 2005. By: 61 ly If you have any questions concerning this matter, please contact: BANTEL G. SCHMIEQ, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STA 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PHELAN, HALLMAN AND SCHMIEG By: Francis S. Hallinan, Esq., Id. No. 62695 ATTORNEY FOR PLAINTIFF One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff Vs. DOMINIC J. OLIVERI SONYA H. OLIVERI Defendants TO: DOMINIC J. OLIVERI 235 BOBCAT ROAD CARLISLE, PA 17013 DATE OF NOTICE: JULY I5, 2005 FILE sari 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. CIVIL DIVISION CUMBERLAND COUNTY NO. 05-2988 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 AND SCHMIEG By: Francis S. Hallinan, Esq., Id. No. 62695 ATTORNEY FOR PLAINTIFF One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 561-7000 MORTGAGE ELECTRONIC REGISTRATION COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff Vs. DOMINIC J. OLIVERI SONYA H. OLfVERI Defendants TO: SONYA H. OLIVERI 235 BOBCAT ROAD CARLISLE, PA 17013 DATE OF NOTICE:.HILY IS- 2005 : CIVIL DIVISION CUMBERLAND COUNTY NO. 05-2988 FILE COPY 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 SYSTESMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION V. Plaintiff, NO. 05-2988 DOMINIC J. OLIVERI SONYA H. OLIVERI Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DOMINIC J. OLIVERI is over 18 years of age and resides at, 235 BOBCAT ROAD, CARLISLE, PA 17013. (c) that defendant SONYA H. OLIVERI is over 18 years of age, and resides at, 235 BOBCAT ROAD, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DANIEL G. SCHMII Attorney for Plaintiff xz) ?nl G (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTESMS, INC. Plaintiff, V. No. 05-2988 DOMINIC J. OLIVERI SONYA H. OLIVERI Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 7/28/05 to DECEMBER 7, 2005 (per diem -$15.42) TOTAL $93,794.03 $2,035.44 and Costs $95,829.47 ? 6 -- 3?? BBL 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. w? z ay U" U d z z ? ?a ? 3 ow a aW w O ? W? >• OO F ? w uz wz > ?? O D 0 O y° A v ? Q W Oa U U a ? C7 W , ?O U g^ Ll V v Q -6 sue, 10 --Z v V M M O O r r d d a o, V? a D6, a a as ? M M N N N 6 b o. a N ?. _.cl J cl r ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON ERECTED SITUATE IN LOWER FRANKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A SPIKE IN THE CENTER OF TOWNSHIP ROAD 0 451 AT THE CORNER OF PROPERTY OF JOHN H. WINGERT,, THENCE ALONG THE LATTER, NORTH 7 DEGREES 26 MINUTES WEST 250 FEET TO AN IRON PIN; THENCE ALONG THE SAME PROPERTY OF HAROLD D. LINDSEY. 3R., NORTH 73 DEGREES 29 MIN1ITES WEST 544.57 FEET TO AN IRON PIN; THENCE ALONG PROPERTY OF EDGAR D. BARTELS, NORTH 9 DEGREES 30 MINUTES EAST S73 FEET TO A STAKE; THENCE ALONG THE SAME, NORTH 14 DEGREES 38 muorr" EAST 133 FEET TO A STAKE; THENCE ALONG PROPERTY OF RICHARD C. PARR, ET UY, SOUTH 79 DEGREES 17 MINUTES 10 SECONDS EAST 327.21 FEET TO A STAKE; THENCE STILL ALONG THE SAME, SOUTH 7 DEGREES 26 MINUTES EAST 1,039.16 FEET TO A SPIKE IN THE CENTER OF THE AFORESAID ROAD; THENCE ALONG THE LATTER, SOUTH 79 DEGREES 45 MINUTES WEST 30 FEET TO A SPIKE, THE PLACE OF BEGINNING. Vested by: Special Warranty Deed dated 41/26104, given by Sonya H. Olivier( to Sonya H. ODverl and Deminle J. 08veri, husband and wife recorded 02!23104 in Book 261 Page 3853 Premises: 235 Bobcat Road, Carlisle, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-2988 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 DOMINIC J. OLIVERI AND SONYA H. OLIVERI (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 $93,794.03 L.L. $.50 Interest FROM 7/28/05 TO 12/7/05 (PER DIEM - $15.42) -- $2,035.44 AND COSTS Atty's Comm % Arty Paid $132.66 Plaintiff Paid Date: AUGUST 2, 2005 Due Prothy $1.00 Other Costs P othonotar (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 By: Deputy Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTESMS, INC. V. Plaintiff, DOMINIC J. OLIVERI SONYA H. OLIVERI Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-2988 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTESMS, INC. Plaintiff, V. DOMINIC J. OLIVERI SONYA H. OLIVERI Defendant(s). NO. 05-2988 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTESMS, 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 .235 BOBCAT ROAD, CARLISLE.PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DOMINIC J. OLIVERI SONYA H. OLIVERI CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION 235 BOBCAT ROAD CARLISLE, PA 17013 235 BOBCAT ROAD CARLISLE, PA 17013 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) CITIFINANCIAL, INC. 1 VALLEY STREET, SUITE 103 CARLISLE, PA 17013 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 235 BOBCAT ROAD CARLISLE,PA 17013 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. August 1. 2005 V ?1YlM DATE D L G. SCI3M ESQUII2E?, Attorney for Plaintiff ?=-? _> o -,, .. __, `= -?? r. r<; r? - _ MORTGAGE ELECTRONIC REGISTRATION SYSTESMS, INC. Plaintiff, V. DOMINIC J. OLIVERI SONYA H. OLIVERI Defendant(s). CUMBERLAND COUNTY No. 05-2988 August 1, 2005 TO: DOMINIC J. OLIVERI 235 BOBCAT ROAD CARLISLE, PA 17013 SONYA H. OLIVERI 235 BOBCAT ROAD CARLISLE, PA 17013 **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 BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 235 BOBCAT ROAD, CARLISLE,PA 17013, 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 $93,794.03 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTESMS. 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. YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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 ALL THAT CERTAIN TRACT OF LAND WITH THE IMFROVEMENfS THEREON ERECTED SITUATE IN LOWER MMKFORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A SPIKE IN THE CENTER OF TOWNSHIP ROAD N 451 AT THE CORNER OF PROPERTY OF JOHN H. WINGERT; THENCE ALONG THE LATTER, NORTH 7 DEGREES 26 MINUTES WEST 250 FEET TO AN IRON PIN; THENCE ALONG THE SAME PROPERTY OF HAROLD D. LINDSEY, JR., NORTH 73 DEGREES 29 MIN&M WEST 544.51 FEET TO AN IRON PIN; THENCE ALONG PROPERTY OF EDGAR D. BARTELS, NORTH 9 DEGREES 30 MINUTES EAST 573 FEET TO A STAKE; THENCE ALONG THE SAME, NORTH 14 DEGREES 38 MINUTES EAST 133 FEET TO A STAKE; THENCE ALONG PROPERTY OF RICHARD C. PARR, ET UX, SOUTH 79 DEGREES 17 MINUTES 10 SECONDS EAST 32711 FEET TO A STAKE; THENCE STILL ALONG THE SAME, SOUTH 7 DEGREES 26 MINUTES EAST 1,039.16 FEET TO A SPIKE W THE CENTER OF THE AFORESAID ROAD; THENCE ALONG THE LATTER, SOUTH 79 DEGREES 43 MINUTES WEST 30 FEET TO A SPIKE, THE PLACE OF BEGINNING. Vested by. Special Warranty Deed dated @146104, given by Sonya H. OBvieri to Sonya H. OBveri and Dominic J. Offwri, husband and wife recorded 02123/04 in Boolc 261 Page 3853 Premises: 235 Bobcat Road, Carlisle, PA 17013 AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTESMS, INC. DEFENDANT(S) DOMINIC J. OLIVERI SONYA H. OLIVERI SERVE DOMINIC J. OLIVERI AT 235 BOBCAT ROAD CARLISLE, PA 17013 SERVED Served and made known to C )y w? N C•• QQ?. \ NJ c Kl I at o'clock fin., at ? S Yea ?c?? ?? . of Pennsylvania, in the manner described below: CUMBERLAND COUNTY SMC No. 05-2988 ACCT. #62898426 Type of Action - Notice of Sheriffs Sale Sale Date: the G day of _ V Ca?? 5 7, 2005 V A, 200-,5- Commonwealth Defendant personally served. ' 1 p 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. d N R /? , ©''? v e & Manager/Clerk of place of lodging in which Defendant(s) reside(s). 1 Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: ,. 1257 9 `ass e 3 Description: Age Height ?? Weight Race W ? Sex Other I, 9ve.. ct ?. ?a ,tdY wa 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. Sworn to and subscribed LUGL E H. CARnN0Wy Pift befo me this dw day T FWA%Co?y of v ? 1, , 200- ?? Nov. 10, 2W? Notary: By: PLEASE ATTEMPT SERVICE LE IMES. INDICA DA IMES OF SERVICE ATTEMPTED. NOT SERVED On the day of 200, at o'clock _.m., 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 ? cr+ un C> t r13 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF MORTGAGE ELECTRONIC SMC REGISTRATION SYSTESMS, INC. No. 05-2988 DEFENDANT(S) DOMINIC J. OLIVERI ACCT. #62898426 SONYA H. OLIVERI Type of Action SERVE SONYA H. OLIVERI AT - Notice of Sheriffs Sale 235 BOBCAT ROAD CARLISLE, PA 17013 Sale Date: DECEMBER 7, 2005 SERVED Served and made known to ?6 at a tt v4zA % Defendant, on the la ? day of ?V 5 j 200rat o'clock Commonwealth of Pennsylvania, in the manner described below: __7 ., _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 Defendam(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: 1 41asSCS Description: Age?-+ Height Weight ?? Race U) k Sex L Other I, C y. e.+ « ?. • Ca??Y i "Psf 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. NOTARIALSM Sworn to and subscribed LLICI LE H, ?y ?q? befor me this S?E_w d T W? of v ?5 '200L. q' n H01110,ZfA7 Notary: Q.Ai By: ALA& PLEASE ATTEMPT SERVI AT LEAST 3 TIMES. INDICA DAT IMES OF SERVICE ATTEMPTED. NOT SERVED On the day of 200_, at o'clock _.m, Defendant NOT FOUND because: -Moved -Unknown _ No Answer Vacant 1st Attempt: Time: god Attempt: 1 / Time: 3rd Attempt: Time: Swom to and subscribed before me this day of 200 _. Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 N C7 (? ? c/+ i . ? ? m ? ' { T ' ? ? 7? J ? ? J? f.J? V ' ?` l.) ?...? lll i? C"1 [?? ' ? _-t ?7 ? Mortgage Electronic Registration In The Court of Common Pleas of Systems, Inc. Cumberland County, Pennsylvania VS Writ No. 2005-2988 Civil Term Dominic J. Olveri and Sonya H. Olveri 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 Law Library 50 Prothonotary 1.00 Levy 15.00 Surcharge 30.00 $76.50 Sworn and subscribed to before me So Answers: This 3v w day of R. Thomas Kline, Sheriff 2005, A.D. VA" BY v10 dq S yYLI,t,Vt Prothonotary Real Estate Sergeant C, 51 J7 S da, l 6 9.7 P'? MORTGAGE ELECTRONIC REGISTRATION SYSTESMS, INC. Plaintiff, V. DOMINIC J. OLIVERI SONYA H. OLIVERI Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-2988 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) MORTGAGE ELECTRONIC REGISTRATION SYSTESMS, 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 ,235 BOBCAT ROAD, CARLISLE,PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name DOMINIC J. OLIVERI SONYA H. OLIVERI Last Known Address (if address cannot be reasonably ascertained, please indicate) 235 BOBCAT ROAD CARLISLE, PA 17013 235 BOBCAT ROAD CARLISLE, PA 17013 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) CITIFINANCIAL, INC. 1 VALLEY STREET, SUITE 103 CARLISLE, PA 17013 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 235 BOBCAT ROAD CARLISLE,PA 17013 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. August 1, 2005 ?(1YV DATE D1H L G. SCHM ESQUIREk? Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTESMS, INC. Plaintiff, V. DOMINIC J. OLIVERI SONYA H. OLIVERI Defendant(s). CUMBERLAND COUNTY No. 05-2988 August 1, 2005 TO: DOMINIC J. OLIVERI 235 BOBCAT ROAD CARLISLE, PA 17013 SONYA H. OLIVERI 235 BOBCAT ROAD CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 235 BOBCAT ROAD, CARLISLE,PA 17013, is scheduled to be sold at the Sheriff s 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 $93,794.03 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTESMS, 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 ALL THAT CERTAIN TRACT OF LAND WITH THEiMPROVEMENTS THEREON ERECTED SITUATE IN LOWER FRANKFOORD TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: - BEGINNING AT A SPIKE IN THE CENTER OF TOWNSHIP ROAD 1451 AT THE CORNER OF PROPERTY OF JOHN H. WINGERT; THENCE ALONG THE LATTER, NORTH 7 DEGREES 26 MINUTES WEST 2S0 FEET TO AN IRON PIN; THENCE ALONG THE. SAME PROPERTY OF HAROLD D. LINDSEY, JR., NORTH 73 DEGREES 29 MINt1TES WEST 544.57 FEET TO AN IRON PIN; THENCE ALONG PROPERTY OF EDGAR D. BARTELS, NORTH9 DEGREES 130 MINUTES EAST $73 FEET TO A STAKE; THENCE ALONG THE SAME, NORTH 14 DEGREES 38 MINUTES EAST 133 FEET TOA STAKE; THENCE ALONG PROPERTY OF RICHARD C. PARR, ET UX,SOUTH -79 DEGREES 17 MINUTES 10 SECONDS EAST 327.21 FEET TO A STAN; THENCE STILL ALONG THE SAME, SOUTH 7 DEGREES 26 MINUTES EAST 1,139.16 FEET TO A SPIKE IN THE CENTER OF THE AFORESAID ROAD; THENCE ALONG THE LATTER, SOUTH 79 DEGREES 45 MINUTES WEST 30 FEET TO A SPIKE, THE PLACEOF BEGINNfNG. Ve" by: Special Warranty Deed dated 11!26!01 , given by Sonya H. OlHied to Sonya H. OBved and Dewinlc J. OBwri, husband and wife mwtded 12R.SI04 in Book 261 Pape 3853 Premises: 235 Bobcat Road, Carlisle, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-2988 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 DOMINIC J. OLIVERI AND SONYA H. OLIVERI (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 $93,794.03 L.L. $.50 Interest FROM 7/28/05 TO 12/7/05 (PER DIEM - $15.42) -- $2,035.44 AND COSTS Any's Comm % Atty Paid $132.66 Plaintiff Paid Date: AUGUST 2, 2005 (Seal) Due Prothy $1.00 Other Costs rothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 r CR trn Real Estate Sale #08 On August 31,2005 the Sheriff levied upon the defendant's interest in the real property situated in Lower Frankford Township, Cumberland County, PA Known and numbered as 235 Bobcat Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 31, 2005 By: 6 Real Estate Sergeant S£ :£ d £- onv SOOT or. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ZIA STATE OF PENNA. JANET R. EBERSOLE, „ PLAINTIFF VERSUS TIMOTHY M. EBERSOLE DEFENDANT 02-2988 CIVIL No. DECREE IN DIVORCE AND NOW, v * ?f _, IT IS ORDERED AND DECREED THAT JANET R. EBERSOLE TIMOTHY M. EBERSOLE AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The parties' Separation & Property Settlement Agreement of June 13, 2005 & their Addendum of June 13, .2005 is incorporated, but not merged. ATTEST: • PROTHONOTARY 9'sa' '.7?rf'??r ')(,;? C_7 r7,?1 l AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DEFENDANT(S) DOMINIC J. OLIVERI SONYA H. OLIVERI SERVE DOMINIC J. OLIVERI AT 235 BOBCAT ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY CQS No. 05-2988 PNs? 11?3Cn0 ACCT. #62898426 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 6, 2006 SERVED ? Served and [Wade known to bb M 1'1 1 C (?? • Q ? t 1! el` t . Defendant, on the Z CJ day of _ ti%20p at L 'L) , o'clock f.m., at Z 3 s t J b C Q Rd . . Commonwealth of Pennsylvania, in the manner described below: __jL1*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: Desc Lion: AgeHeight.Efk 11 Weight L60 Race V L/ Sex Other oA'l I, QU l a 40 6e/"f S, a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. and PATRICIA E. HARRIS ommission Expires June 16, 2008 On the day of 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. dL? By:. NOTSERVED 200, at o'clock _.m., Defendant NOT FOUND because: _ Moved Unknown _ No Answer 1°t Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before the this _ day of 200 Notary: By: Attorney for Plaintiff Daniel Q&Schmieg, Esquire - I.D. No. 62205 fa: Vacant 2nd Attempt: ( ( Time: 1/ /oZ ,? o ?J', ,.' -? r-n W '$??? m l ?J om{ .J ?? Si` • .a AFFIDAVIT OF SERVICE COUNTY CUMBERLAND PLAINTIFF MORTGAGE ELECTRONIC CQS REGISTRATION SYSTEMS, INC. No. 05-2988 DEFENDANT(S) DOMINIC L OLIVERI ACCT. #62898426 SONYA H. OLIVERI Type of Action SERVE SONYA H. OLIVERI AT - Notice of Sheriffs Sale 235 BOBCAT ROAD CARLISLE, PA 17013 Sale Date: DECEMBER 6, 2006 CC II SERVED Served and made known to !O A Y q ?y . Q I V e4-, t . Defendant, on the day of 7u ( Y , 2004 at I ' Irly , o'clock f .m., at 2 3 010 Cq f , Commonwealth of Pennsylvania, in the manner described below: ??fendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is /?ti.S64r?Ct 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: Desc iption: Age 0-S_6 Height ?)Qtt Weight Race ?J Sexme1?? Other I, o ?- 2 6 " 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 Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. and of State of New Jersey PATRICIA E. HARRIS Commission Expires June 16, 2008 On the day of LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOTSERVED 200, at o'clock _.m., Defendant NOT FOUND because: - Moved Unknown _ No Answer 1:1 Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200 Notary: By: Attorney for Plaintiff Daniel G. Sehmieg, Esquire - I.D. No. 62205 Vacant tad Attempt: Time: a? / Z/ ?. r ? f7 © t7 _ `cr z'z ? K N ./l lD -G CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. No. 05-2988 DOMINIC J. OLIVERI SONYA H. OLIVERI Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $93,794.03 Add'l cost $ Interest from JULY 29, 2005 to DATE OF SALE and Costs (per diem -$15.37) TOTAL $ AN L G. S HM G, ESQU One Penn Center at Suburban Sta on 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at,the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. d O? 7. V o? w p p F{ A d ? N ?, p O? C W W ? G H? p Qa 0 ?d O x ? 0 W 0 E^? ?o U a .7„` % M Y M r ti t ` V V ti JIQ 1 t4 ;3 LA %A w V M 0 r d W a a O p4 a N O 0 t N d t LEGAL DESCRIPTION TITLE TO SAID PREMISES IS VESTED IN Sonya H. Oliveri, by Deed from Sonya H. Oliven' & Dominic J. Oliveri, husband and wife, dated: 1-26-2004, recorded: 2-23-2004, in Deed book 261, page -- GUANTEE(S) WUMSSETH, that in corWxk atioa of ONE 41.00) DOLLAR(S). in band paid, the receipt whereof is hereby acknowledged; the Onator(s) do hereby grant and convey to the said Grantee(s), their heirs and assigns, All that certain tract of land with the improvements thereon croewd situate iu i[..owcr FraMUG d Township, Cumberland County, Pennsylvania, bounded and described as follows- Beginning at a spike in the center of Township Road #451 at the corner of property of John H. Wingert; thence along the latter, North 7 dcgreees 26 minutes West 254 feet to an iron pin; thence along the same property of Harold D. Lindsey, Jr., North 73 degrees 29 minutes West 544.57 feet to an iron pin; thence along property of Edgar D. BwW4 North 9 degrm 30 minutes East 573 fleet to a stake; thence along the same, North 14 degrees 38 minutes East 133 fief to a stake; thence along property of Rieband C_ Parr, et ux, South 79 degrees .17 minutes 10 seconds East 327.21 feet to a stake; thence shill along the same. South 7 degrees 26 minutes East 1,039.16 Feet to a spike in the carter of the aforesaid road; thence along the latter, South 79 degrees 45 minutes Weat 30 feet to a spike, the place of beginning. Containing 7.761 acres according to a survey of Thornas A. Neft:1LS. dated Dec=,ber 3, 1970. BrUNG the same premises conveyed to the GrAntot(s) by Deed from Sonya H. Wager Olivcri dated I 1-13-92 and recorded in the office of the Recorder of Deeds of Cumberland, PA County on 11-16-92 to Deed Book Z35, Page 482. parcel'. 14-04-0383-062 235 Bobcat Road Carlisle, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-2988 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 DOMINIC J. OLIVERI AND SONYA H. OLIVERI (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 $93,794.03 L.L. Interest FROM 7/29/05 TO DATE OF SALE (PER DIEM - $15.37) AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $221.66 Other Costs Plaintiff Paid Date: JULY 25, 2006 CURTIS R. LONG Prothono (Seal) B Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19102-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 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. DOMINIC J. OLIVERI SONYA H. OLIVERI Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-2988 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION DOMINIC J. OLIVERI SONYA H. OLIVERI NO. 05-2988 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 ,235 BOBCAT ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name DOMINIC J. OLIVERI SONYA H. OLIVERI Last Known Address (if address cannot be reasonably ascertained, please indicate) 235 BOBCAT ROAD CARLISLE, PA 17013 235 BOBCAT ROAD CARLISLE, PA 17013 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 CITIFINANCIAL, INC. reasonably ascertained, please indicate) 1 VALLEY STREET SUITE 103 CARLISLE, PA 17013 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 235 BOBCAT ROAD CARLISLE, PA 17013 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. July 18, 2006 DATE DANIEL G. Si HMIEG, SQUIRE Attorney for Plaintiff ri LEGAL DESCRIPTION TITLE TO SAID PREMISES IS VESTED IN Sonya H. Oliveri, by Deed from Sonya H. Oliveri & Dominic J. Oliveri, husband and wife, dated: 1-26-2004, recorded: 2-23-2004, in Deed G?rrlcEFis) wum mSETH , that is con6deration of ONE 01.00) DOLLAR(S). in head paid, the recogg whereof is hereby acknowledged; the Grantor(s) do hereby great and convey to the said Granlae(s), their heirs and asshps, All that certain tract of land with the itttptovanents t1 erieon orootod situate in Lower Fraakford Township, Cumberland County, Pennsylvania, bounded and descnbcd. as follows: Beginning at a spike in the center of Township Road #451 at the comer of property of John Ii. Wingert; thence aim; the latter, North 7 degrees 26 minutes West 254 foot to art iron pin; theater along the same property of Harold D. Undsoy, Jr-, North 73 degrees 29 r Witutes West 544.57 feet to an irar pin; dtatee along property of Edga D. Bartels, North 9 deg= 30 wbatea Fast 573 feet to a srake; thence along the same, North 14 degrees 38 minutes East 133 first to a stake; thence along P Y of Richard C_ Parr, et ux, South 79 degrv a .17 mitates 10 seconds East 327.21 feet to a stakes thence still along the same, South 7 degrees 26 MirA tcs East 039.16 fret to a spike in the eattrr of the aforesaid rand; thence alaag tle latter, South 79 degree; 45 minutes West 30 fed to a spike, the place of beginning. Containing 7.761 acres according to a survey of Thomas A. Neft R.S. dated December 3, 1970. BRING the &a m premises conveyed to the Grmtm(s) by Deed fwat Sonya H. Wagner Otivai, dated 11-13-92 and recorded in the office of the Recorder of Deeds of Cumberland, PA County on 11-16-92 to Deed Hook 235, Page 482. P.LN 12-08-03 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. DOMINIC J. OLIVERI SONYA H. OLIVERI Defendant(s). CUMBERLAND COUNTY No. 05-2988 July 20, 2006 TO: DOMINIC J. OLIVERI 235 BOBCAT ROAD CARLISLE, PA 17013 SONYA H. OLIVER] 235 BOBCAT ROAD CARLISLE, PA 17013 * *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 AN ATTEMPT TO COLLECTA DEBT, BUT ONL Y ENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 235 BOBCAT ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on DECEMBER 6, 2006 at 10:00 a.m.., in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $93,794.03 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE LEGAL DESCRIPTION TITLE TO SAID PREMISES IS VESTED IN Sonya H. Obveri, by Deed from Sonya H. Otiveri & Dominic 1.Oliveri, husband and wife, dated: 1-26-2004, recorded: 2-23-2004, in Deed book 261, page 3853. GUANI'EE(8) WITNESSETH , that in consideration of ONE ($1.00) DOLLAR(S), in hand paid, the receipt whereof is hereby acknowledged; the Ckrantor(s) do hereby grant and convey to the said Grantee(s), their heirs and assigns, All that certain tract of land with the improvements thereon erectod situate in bower Fiankford Township, Cumberland County, Pennsylvania. bounded and deombcd as follows: Beginning at a spike in the center of Township Road #05) at the corner of property of John H. Wingert; thence along the latter, North 7 degrees 26 minutes West 250 feet to an iron pin; thence along the same property of Harold D. Lindsey, Jr., North 73 degrees 29 mizwtes West 544.57 feet to an iron pin; thence along property of Edgar D. Bartels, Worth 9 degrum 30 minutes East 573 feet to a stake; thence.along the same, North 14 degrees 38 minutes East 133 feet to a state; themes along ptopetty of Ricbard C_ Pan-, et ux, South 79 degsecs 17 minutes t0 seconds East 327.21 feet to a stake; thence sM along the same, South 7 degrees 26 minutes East 1,039.16 feet to a spike in the ecatcr of the aloressid road; theme along the litter, South 79 degrees 45 minutes West 30 feet to a spike, the place of beginning. Comto ing 7.761 acres actotding to a survey of Thomas A_ NOT. R.S. dated December 3, 1970. BEING the same premises conveyed to the Grantor(s) by Deed fnora Sonya H. Wagner Olivcri, dated 11-13-92 and recorded in the office of the Recorder of Deeds of C;nnmbcrlaad, PA County on 11-16-92 to Deed Book Z35, Page 481 Parcel: 14-04-0383-062 235 Bobcat Road Carlisle, PA 17013 ... 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 VS. Plaintiff : Civil Division : Cumberland County Dominic J. Oliveri No. 05-2988 A/K/A Dominic James Oliveri Sonya H. Oliveri A/K/A Sonya H. Wagner A/K/A Sonya Wagner Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on June 10, 2005, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on August 2, 2005 in the amount of $93,794.03. 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 235 Bobcat Road, Carlisle, PA 17013 (hereinafter the "Property") was postponed or stayed for the following reasons: a) Dominic James Oliveri filed a Chapter 13 Bankruptcy at docket number 1:06-00251 on September 2, 2005. The Bankruptcy was dismissed by order of court dated February 24, 2006. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C". b) Sonya H. Oliveri A/K/A Sonya H. Wagner A/K/A Sonya Wagner filed a Chapter 13 Bankruptcy at docket number 1:05-05855 on September 2, 2005. Plaintiff obtained relief from the bankruptcy to proceed with foreclosure by order of court dated June 14, 2006. A true and correct copy of the Relief Order is attached hereto, made part hereof, and marked as Exhibit "D". 5. The Property is listed for Sheriffs Sale on December 6, 2006. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 6. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $84,625.65 Interest Through 12/06/06 12,577.72 Per Diem $15.86 Late Charges 334.23 Legal fees 2,575.00 Cost of Suit and Title 1,227.00 Sheriffs Sale Costs 76.50 Property Inspections 228.50 Appraisal/BPO 0.00 MIP/PMI 0.00 NSF 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 5,583.70 TOTAL $107,228.30 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 Defendants. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan Schmieg, LLP Date: 0(0 By: ichele M. Bradford, Esquire Attorney for Plaintiff 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. : Cumberland County Dominic J. Oliveri No. 05-2988 A/K/A Dominic James Oliveri Sonya H. Oliveri A/K/A Sonya H. Wagner A/K/A Sonya Wagner Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 235 Bobcat Road, Carlisle, PA 17013. 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, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the 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 Defendants credit for monthly payments tendered through bankruptcy, if any. H. 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 Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts 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 Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. 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. VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. helan Hallman Schmieg, LLP DATE: y: Miche a M. Bradford, Esquire Attorney for Plaintiff 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. DOMINIC J. OLIVERI SONYA H. OLIVERI 235 BOBCAT ROAD CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNT o 1 0 CX C= R o o :J= -r ;• O 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. We hereby cer6 , Within to be tf?E a true ana correct copy of tho original filed of record FEbERMAN AND P,4_; Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 FEDERMAN AND PHELAN ATTORNEY FILE E COPY PLEASE ? . File #: 117360 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. DOMINIC J. OLIVER] SONYA H. OLIVERI 235 BOBCAT ROAD CARLISLE, PA 17013 Defendants 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 #l: 117360 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 lf: 117300 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: COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: DOMINIC J. OLIVERI SONYA H. OLIVERI 235 BOBCAT ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 01 /26/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1854, Page: 2943. 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 /04/2005 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. Fife ## 117360 6. The following amounts are due on the mortgage: Principal Balance $84,856.93 Interest 3,014.44 12/04/2004 through 06/08/2005 (Per Diem $16.12) Attorney's Fees 1.250.00 Cumulative Late Charges 140.10 01 /26/2004 to 06/08/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 89,811.47 Escrow Credit 0.00 Deficit 3,176.56 Subtotal $ 3,176.56 TOTAL $ 92,988.03 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 92,988.03, together with interest from 06/08/2005 at the rate of $16.12 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 LINAN & SCHMI , r By: /s/Francis Hallinan AWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLMAN, ESQUIRE Attorneys for Plaintiff File #: 117360 LEGAL DESCRIPTION All that certain tract of land with the improvements thereon erected situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at a spike in the center of Township Road #451 at the corner of property of John H. Wingert; thence along the latter, North 7 degrees 26 minutes West 250 feet to an iron pin; thence along the same property of Harold D. Lindsey, Jr., North 73 degrees 29 minutes West 544.57 feet to an iron pin; thence along property of Edgar D. Bartels, North 9 degrees 30 minutes East 573 feet to a stake; thence along the same, North 14 degrees 38 minutes East 133 feet to a stake; thence along property of Richard C. Parr. et ux, South 79 degrees 17 minutes 10 seconds East 327.21 feet to a stake; thence still along the same, South 7 degrees 26 minutes East 1,039-16 feet to a spike in the center of the aforesaid road; thence along the latter, South 79 degrees 45 minutes West 30 feet to a spike, the place of beginning. Containing 7.761 acres according to a survey of Thomas A. Neff, R.S. dated December 3, 1970. BEING the same premises conveyed to the Grantor(s) by Deed from Sonya H. Wagner Oliveri, dated 11-13-92 and recorded in the office of the Recorder of Deeds of Cumberland, PA County on 11-16-92 to Deed Book Z35, Page 482. PREMISES: 235 BOBCAT ROAD File #: 117360 VERIFICATION CRAIG ANDERSON hereby states that he/she is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC. 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. CRAIG ANDERSON, VICE PRESIDENT DATE: Exhibit "B" 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 SYSTESMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102, r??a`'tiff, V. DOMINIC J. Qjbb1V~ . SONYA H. ` r ~?< Y\ Defendant(s). CUMBERLAND COUNTY COURT OF COMMON-=PLEAS'', CIVIL DIVISION - - NO. 05-2988?'? ' A Q 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 DOMINIC J. OLIVERI and SONYA H. OLIVERL 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 6/9/05 to 7/28/0 TOTAL $92,988.03 $806.00 $93,794.03 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as show above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. c .?,'.L G. SCHM Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO/FROTHY ?F? Exhibit "C" UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: DOMINIC JAMES OLIVERI CHAPTER 13 Debtor(s) CASE NO.: 1-06-BK-00251 ORDER DISMISSING CASE Upon consideration of the Motion to Sever Chapter 13 and Dismiss New Case, and it having been determined that the case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. By the C'otu?t, Ban p Juage (JK) This electronic order as signed and filed on the same date. Dated: February 24, 2006 MDPA-DISM633MPT REV W05 Exhibit "D" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: SONYA H. OLIVERI A/K/A SONYA H. WAGNER Bk. No. 1: 05-bk-05855 MDF A/K/A SONYA WAGNER Chapter No. 13 Debtor MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Movant V. SONYA H. OLIVERI A/K/A SONYA H. WAGNER AIK/A SONYA WAGNER Respondent ORDER MODIFYING SECTION 362 AUTOMATIC STAY 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, 235 BOBCAT ROAD, CARLISLE, PA 17013, 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 By the Cowl, A&V B p joge (]DK) This document is electronically signed and filed on the same date. Dated: June 14, 2006 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. lan?Iallinan &_Schmieg, LLP DATE: l L 6 (? B( r L// / 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 PHELAN HALLINAN & SCHMIEG, LLP b • Michele M Bradford Esquire ATTORNEY FOR PLAINTIFF Plaintiff VS. Dominic J. Oliveri A/K/A Dominic James Oliveri Sonya H. Oliveri A/K/A Sonya H. Wagner A/K/A Sonya Wagner Defendants : Civil Division : Cumberland County : No. 05-2988 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages and Brief in Support thereof were sent to the following individuals on the date indicated below. Dominic J. Oliveri A/K/A Dominic James Oliveri Sonya H. Oliveri A/K/A Sonya H. Wagner A/KJA Sonya Wagner 235 Bobcat Road Carlisle, PA 17013 Phelan Hallinan & Schmieg, LLP DATE: By: Michele M. Bradford, Esquire Attorney for Plaintiff ?..g .?., c? °_ --! `!' _ .. 1,,-_ ?, ?'-: ? ?__ t_ f °.' t PHELAN HALLINAN & SCHMIEG One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Main Fax 215-563-3826 Paul.BoccutiC fedphe.com November 6, 2006 Office of the Prothonotary Cumberland County Courthouse RE: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. v. DOMINIC J. OLIVERI and SONYA H. OLIVERI CUMBERLANDCOUNTY, NO. 05-2988 RE: AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 Dear Sir/Madam: Enclosed please find the following: XX Affidavit of service pursuant to rule 3129 with attachments. Thank you for your cooperation. Yours truly, P, /M 6 Paul M.Boccuti for PHELAN HALLIANAN & SCHMIEG CC: Sheriffs Office of Cumberland County SALE DATE: DECEMBER 6, 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. No.: 05-2988 VS. DOMINIC J. OLIVERI SONYA H. OLIVERI 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: 235 BOBCAT ROAD, CARLISLE, PA 17013. 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, ESQU Attorney for Plaintiff November 6, 2006 • tJ Y ? f?9 "? t9 'pyy Q?Q CJ1 ? W ? ? Y 3 0' co b??x z ? Enn $ ? G tw, T) S 'r- CA a Nit c. ? ?. e 42 1M j! g ' jUL 21 200 Go042'80i 0 $ MgILEC! PROM VP CODE 1 S 10'? M ? ?Qj Mortgage Electronic Registration Systems, Inc. Plaintiff V. Dominic J. Oliveri a/k/a Dominic James Oliveri Sonya H. Oliveri a/k/a Sonya H. Wagner a/k/a Sonya Wagner Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-2988 CIVIL ORDER OF COURT AND NOW, this 17th day of November, 2006, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before December 7, 2006; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, Michele M. Bradford, Esquire Attorney for Plaintiff Dominic J. Oliveri a/k/a Dominic James Oliveri Sonya H. Oliveri a/k/a Sonya H. Wagner a/k/a Sonya Wagner M. L. Ebert, Jr., J. bas a a t ? , ilq,1 ? ? F '??t??? J ?'? ? ??:? ? ? r;'i n;':€ ????iZ }„}4 , 4J bW_?'?/ ? Jill ?V 41 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 VS. Dominic J. Oliveri A/K/A Dominic James Oliveri Sonya H. Oliveri A/K/A Sonya H. Wagner A/K/A Sonya Wagner Defendants : Civil Division : Cumberland County : No. 05-2988 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the November 17, 2006 Rule directing the defendant to show by December 7, 2006 was sent to the following individuals on the date indicated below. Dominic J. Oliveri A/K/A Dominic James Oliveri Sonya H. Oliveri A/K/A Sonya H. Wagner A/K/A Sonya Wagner 235 Bobcat Road Carlisle, PA 17013 DATE: ? D?0 Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Attorney for Plaintiff C- cN rn C 114, 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 VS. Dominic J. Oliveri A/K/A Dominic James Oliveri Sonya H. Oliveri A/K/A Sonya H. Wagner A/K/A Sonya Wagner Defendants : Civil Division : Cumberland County : No. 05-2988 PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES TO THE PROTHONOTARY: Plaintiff hereby withdraws the Motion to Reassesses Damages, which it filed on November 9, 2006. /](:? Date d] - Miche e M. aBrad2fofrd),EEZs=qq-uire Attorney for Plaintiff . I .L. 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. Plaintiff VS. Dominic J. Oliveri A/K/A Dominic James Oliveri Sonya H. Oliveri A/K/A Sonya H. Wagner A/K/A Sonya Wagner Defendants Court of Common Pleas Civil Division : Cumberland County No. 05-2988 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Praecipe to Withdraw its Motion to Reassesses Damages was sent via first class mail to the person on the date listed below: Dominic J. Oliveri A/K/A Dominic James Oliveri Sonya H. Oliveri A/K/A Sonya H. Wagner A/K/A Sonya Wagner 235 Bobcat Road Carlisle, PA 17013 DATE: By: /Iv2n? Michele M. Bradford, Esquire Attorney for Plaintiff rj`? f r Y ' `?tl? Co 7 Mortgage Electronic Registration Systems, Inc. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Dominic J. Oliveri and Sonya H. Oliveri Writ No. 2005-2988 Civil Term William Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 21, 2006 at 1652 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: Sonya H. Oliveri, by making known unto Sonya H. Oliveri personally, at 235 Bobcat Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Dominic J. Oliveri, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale, and Description as NOT FOUND as to the defendant, Dominic J. Oliveri. Per current resident (Sonya H. Oliveri) at defendant's last known address of 235 Bobcat Road, Carlisle, Pennsylvania, the defendant moved out of state over a year ago. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 12, 2006 at 1912 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Dominic J. Oliveri and Sonya H. Oliveri located at 235 Bobcat Road, Carlisle, 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: Sonya H. Oliveri, by regular mail to her last known address of 235 Bobcat Road, Carlisle, PA 17013. This letter was mailed under the date of October 05, 2006 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 instruction from Attorney Daniel Schmeig. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Total 30.00 17.33 15.00 15.00 1.00 15.84 5.22 15.00 30.00 407.00 316.58 15.94 883.91 V141V1b4 S0 ?s ?er R. Thomas Kli , Shinf BY (j Real Estate geant i jet,,, /P6?i' 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 25th day(s) of October and the 1st and 8th day(s) of November 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge 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 ........... ... .? !?YX? ......................................... COPY Sworn t , an sub ed before me this 15th day of November 2006 A.D. SALE #13 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Terry L. Russell, Notary Public City Of Harris Dauphin County my mis ' n xpires June 6, 2010 Memb Po^n o.??^^ ?' ^n of Notaries NO VARY PUB C CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF 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: October 20, October 27 and November 3, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne, Edi or SWORN TO AND SUBSCRIBED before me this 3 day of November, 2006 NOTARIAL SEAL " LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 13 Writ No. 2005-2988 Civil Mortgage Electronic Registration Systems, Inc. vs. Dominic J. Oliveri and Sonya H. Oliveri Atty.: Daniel Schmieg LEGAL DESCRIPTION TITLE TO SAID PREMISES IS VESTED IN Sonya H. Oliveri, by Deed from Sonya H. Oliveri & Dominic J. Oliveri, husband and wife, dated: 1-26-2004, recorded: 2-23-2004, in Deed book 261, page 3853. GRANTEE(S) WITNESSETH, that in consider- ation of ONE ($1.00) DOLLAR(S), in hand paid, the receipt whereof is hereby acknowledged; the Gran- tor(s) do hereby grant and convey to the said Grantee(s), their heirs and assigns, All that certain tract of land with the improvements thereon erected situate in Lower Frankford Town- ship, Cumberland County, Pennsyl- vania, bounded and described as follows: Beginning at a spike in the cen- ter of Township Road #451 at the corner of property of John H. Wingert; thence along the latter,- North 7 degrees 26 minutes West 250 feet to an iron pin; thence along the same property of Harold D. Lindsey, Jr., North 73 degrees 29 minutes West 544.57 feet to an iron pin; thence along property of Edgar D. Bartels, North 9 degrees 30 min- utes East 573 feet to a stake, thence along the same, North 14 degrees 38 minutes East 133 feet to a stake; thence along property of Richard C. Parr, et ux, South 79 degrees 17 minutes 10 seconds East 327.21 feet to a stake; thence still along the same, South 7 degrees 26 min- utes East 1,039.16 feet to a spike in the center of the aforesaid road; thence along the latter, South 79 degrees 45 minutes West 30 feet to a spike, the place of beginning. Containing 7.761 acres accord- ing to a survey of Thomas A. Neff R.S. dated December 3, 1970. BEING the same premises con- veyed to the Grantor(s) by Deed from Sonya H. Wagner Oliveri, dated 11- 13-92 and recorded in the office of the Recorder of Deeds of Cumber- land, PA County on 11-16-92 to Deed Book Z35, Page 482. P.I.N. 12-08-03. BOOK 261 PAGE 3853 'r s MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. , CIVIL DIVISION DOMINIC J. OLIVERI SONYA H. OLIVERI NO. 05-2988 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 ,235 BOBCAT ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name DOMINIC J. OLIVERI SONYA H. OLIVERI Last Known Address (if address cannot be reasonably ascertained, please indicate) 235 BOBCAT ROAD CARLISLE, PA 17013 235 BOBCAT ROAD CARLISLE, PA 17013 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 ,t 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be CITIFINANCIAL, INC. reasonably ascertained, please indicate) 1 VALLEY STREET SUITE 103 CARLISLE, PA 17013 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 235 BOBCAT ROAD CARLISLE, PA 17013 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. July 18, 2006 A 9-?4& DATE DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff TITLE TO SAID PREMISES IS VESTED IN Sonya H. Oliveri, by Deed from Sonya H. Oliveri & Dominic J. Oliveri, husband and wife, dated: 1-26-2004, recorded: 2-23-2004, in Deed book, 261, page 3853. _ Gt1!ANUE(8) W MSETA , that in Consideration of ONE ($1.00) DOLLAR(S). in hand paid, the receipt whereof is hereby acknowledged; the Grantor(s) do hereby grant ruul convey to the said Grantee(s), their heirs and assigns, All that certain tract of laird with the imqtnvctnents thereon croewd situate in LowcrRankford Township, Cumberland County, Pennsylvania, bounded and dem-W as follows: Beginning at a spike in the center of Township Road 0451 at the corner of property of John H. Wingert thence along the latter. North 7 degrees 26 minutes West 250 feet to an iron pin; thence along the same property of Harold D. Lindsey, Jr., North 73 degrees 29 minutcs West 544.57 feet to an iron pin; thenao along property of l rigor D. Bartels, North 9 degtros 30 minutes East 573 feet to a stake, thence along the same, North 14 degrees 38 minutes East 133 fOd to a stake; thence along property ofRiohatd C_ Parr, et ux. South 79 degree 17 minutes 10 seconds East 327.21 feet to s stake; theme st0i along the same, South 7 degrees 26 mimttes East 1,039.16 fret to a spike in the costar of the aforesaid road; thence along the latter, South 79 degrees 45 minutes West 30 fed to a spike, the place ofbeghtning. Coataining 7.761 acres according to a survey of Tbomas A Nef >7 R.S. dated December 3, 1970. NXING the same premises conveyed to the Grantor(s) by Deed front Sonya H. Wagner 4livcri, dated 11-13-92 and recorded in the office of the Recorder of Deeds of Cwnberhnd, PA County on 11-16-92 to Deed Book 735, Pegs 482. SE :E d o 1 9nv gooz Vd "k JJIUHS 3HI ?O s; l a3?; r 'w. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. DOMINIC J. OLIVERI SONYA H. OLIVERI Defendant(s). TO: DOMINIC J. OLIVERI 235 BOBCAT ROAD CARLISLE, PA 17013 July 20, 2006 CUMBERLAND COUNTY No. 05-2988 SONYA H. OLIVERI 235 BOBCAT ROAD CARLISLE, PA 17013 "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 ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 235 BOBCAT ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on DECEMBER 6, 2006 at 10:00 a.m.., in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $93,794.03 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 r,'^l '`i?x't-__ ..u.?"G' ,..._.?_-----._z?:?, .,,:.Lr.?..a.,..;a-.,..:,•x..._._...__--'---'---r_:=?.i":=n ..._?.-,.. ?.c?..,..w-.: ?:k-.. -.L ?Yr?:-`.u"?'i°.:".. •"z.'.:::._:;?..:?::._.?..--'•------.-__ _•__.-___` LEGAL DESCRIPTION TITLE TO SAID PREMISES IS VESTED IN Sonya H. Oliveri, by Deed from Sonya H. Oliveri & Dominic J. Oliveri, husband and wife, dated: 1-26-2004, recorded: 2-23-2004, in Deed book 261, age 3853. GItANUE(S) WI NESSETH , that in consideration of ONE (51.00) DOUR R(S), in hand paid, the rceeipt whereof is hereby aclaDawledged;'the Q'Sntor(s) do hereby grant and convey to the said Grantee(s), their heirs and assigns, All that certain tract of land with the improvetnents thereon croct4d situate is Lows F ankford Township, Cumberhurd County, Pennsylvania, bounded and describcd as follows: Beginning at a spike in the center of Township Road #451 at the corner of property of Sohn H. Wingert; thence along the lat M North 7 degrees 26 minutes West 250 feet to an iron pin;.thennec.along the same property ofHarold D. Lindsey, Jr., North 73 degrees 29 minutes West 544.57 feet to an iran pin; thence along property of Edgar D. Bartels, North 9 degrrns 30 minutes East 573 feet to a stake; thence.atong the same, North 14 degrees 38 rriinotec East'133 feet to a stake; thcnec slang property ofRicbard C_ Parr, et uz. South 79 degreoJ 7 minutes 10 seconds Emt 327.21 feet to e thence so along the same, South 7 degrees 2f minutes East 1,039.16 Feet to1' stakei cerda of the aforceaid road; thane along the ]otter, South 79 degrees 45 minutes Weat 30 feet to a spr7cc, the place ofbeginning. Containing 7.761 acres according to a survey ofTbomas A- Neff; R.S. dated December 3; 1970. BTING the same pretniscs conveyed to the Cw=ot(@) by Deed from Sonya H. Wagner Olivcti, dated 11-13-92 and recorded in the office of the Recorder of Doeds of C=bcrland, PA County on 11-16-92 to Deed Book 735, Page 482. Parcel: 14-04-0383-062 235 Bobcat Road Carlisle, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-2988 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 DOMINIC J. OLIVERI AND SONYA H. OLIVERI (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 $93,794.03 L.L. Interest FROM 7/29/05 TO DATE OF SALE (PER DIEM - $15.37) AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $221.66 Other Costs Plaintiff Paid Date: JULY 25, 2006 CURTIS R. LONG Prothonota (Seal) By: 122- 'q -2. Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19102-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 13 On August 21, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Lower Frankford Township, Cumberland County, PA Known and numbered as 235 Bobcat Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 21, 2006 By: - NaL Real Este Sergeant S E .E d 0 ! 9nV 4001 °vd J:.? u3a'v..tt1 aH'r1f1J A3183H5 3111 a0 3J1330 PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Dominic J. Oliveri Sonya H. Oliveri Plaintiff VS. Defendant(s) PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 05-2988 Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. X Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: t(> Z3 Le-> Francis S. Hal inan, Esquire Attorney for Plaintiff PHS# 117360 -TI n ?13