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HomeMy WebLinkAbout05-3214PHELAN 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. EDWARD L. RIGGLEMAN, JR. SHONAGH L. RIGGLEMAN AWA SNONAGH L. KEMRER A/K/A SHONAGH L. KEMRER 2533 RITNER HIGHWAY CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM n l NO. OS -3?I? C IUtC???? 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 4 ' 117938 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. Filc #'. 117939 Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: PHH MORTGAGE CORPORATION F/K/A CENDANT 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: EDWARD L. RIGGLEMAN, JR. SHONAGH L. RIGGLEMAN A/K/A SNONAGH L. KEMRER A/K/A SHONAGH L. KEMRER 2533 RITNER HIGHWAY CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 09/21/2001 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 No: 1734, Page: 1644. 4. "The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File ft 117938 The following amounts are due on the mortgage: Principal Balance $110,519.54 Interest 3,45135 01/O1/2005through 06/22/2005 (Per Diem $19.95) Attorney's Fees 1,250.00 Cumulative Late Charges 144.52 09/21/2001 to 06/22/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 115,915.41 Escrow Credit 0.00 Deficit 917.29 Subtotal $ 917.29 TOTAL $ 116,832.70 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 116,832.70, together with interest from 06/22/2005 at the rate of $19.95 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 fbkLLINAN &(SCCHMIE6/L?L'PP ` By: /s/Francis S. Halhna LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #. 117938 LEGAL DESCRIPTION ALL that certain lot of ground situate in the Township of West Pennsboro, County of Cumberland and State of Pennsylvania, with the buildings thereon erected, bounded and described as follows: BEGINNING at a point in the center of the Ritner Highway, also known as the Carlisle and Chambersburg Pike; thence along lands now or formerly of C.E. Henry, North 18 degrees West, 462 feet to a point in line of lands now or formerly of Ira Barrick; thence along line of lands now or formerly of Ira Barrick, South 79 degrees East, 344 1/2 feet to a point in the line of lands formerly of John Allen, now Emanuel Wagner; thence along lands formerly of John Allen, now Emanuel Wagner, South 18 degrees East, 265 feet to the center of the Rimer Highway; thence along the center line of the Rimer Highway, South 66 1 /2 degrees West, 300 feet to the place of BEGINNING. CONTAINING 2.56 acres- BEING the same premises which Twyla J. Anderson, widow, by her deed dated January 17, 2001 and recorded January 17, 2001 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 237, Page 1046, granted and conveyed unto Twyla J. Anderson, single adult individual, Grantor herein. PROPERTY BEING: 2533 RITNER HIGHWAY FhP 117938 MARC J. HINKLE hereby states that he/she is V.P. of CENDANT MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: W zl? W D rri TI w o: c -n C,J V'?3 !.J r? .e- -C OL-) SHERIFF'S RETURN - REGULAR CASE NO: 2005-03214 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS RIGGLEMAN EDWARD L JR ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE RIGGLEMAN EDWARD L JR was served upon DEFENDANT the , at 1825:00 HOURS, on the 27th day of June , 2005 at 2533 RITNER HIGHWAY CARLISLE, PA 17013 by handing to SHONAGH RIGGLEMAN, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.44 Affidavit .00 Surcharge 10.00 nn So Answers: R. The-__ Kline 06/28/20 PHELAN H Sworn and Subscribed to before By: me this 6' day of A.D. c Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2005-03214 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS RIGGLEMAN EDWARD L JR BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RIGGLEMAN SHONAGH L / SNONAGH L KEMRER/ SHONAGH L KEMRER the DEFENDANT , at 1825:00 HOURS, on the 27th day of June 2005 at 2533 RITNER HIGHWAY CARLISLE, PA 17013 by handing to SHONAGH RIGGLEMAN a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 5 W day of 4 aUti<, A.D. othonotary So Answers: ? Y R. Thomas Kline 06/28/2005 PHELAN HALLINAN By: AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DEFENDANT(S) EDWARD L. RIGGLEMAN, JR. SHONAGH L. RIGGLEMAN A/K/A SNONAGH L. KEMRER A/K/A SHONAGH L. KEMRER CUMBERLAND COUNTY SMC No. 05-3214 ACCT. #0016187247 Type of Action - Notice of Sheriff's Sale SERVE SHONAGH L. RIGGLEMAN A/K/A Sale Date: DECEMBER 7, 2005 SNONAGH L. KEMRER A/K/A SHONAGH L. KEMRER AT 2533 RITNER HIGHWAY CARLISLE, PA 17013 SERVED ???? Served and made known to 2 V I ? fJ mW , De en a Int, on the ` Iday of U1 0 s+" 12004, at ,' O , o'clock P.m., at ?(5 3 3 0 \ ?NE fL Ca ?.li S \ _ , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is AL)-0 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). 55 r Q VA a P Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Agee? Height Weight 11,6 Race Sex Other ?C 5 ASSc'S I, CI aAeoic z L, Car !? TT, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true an 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 `•'n t r, IVO A. befor me this ?g d3y My T1 F t'Q of 200. Notary.,-.?? ? By. <? PLEASE ATTEMPT SERVI AT LEAST 3 TIMES. DI TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown _ No Answer Vacant ls` Attempt: Time: 2nd 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 PMB t'J O T G ? ry r7s -?-?4 , N 1 ? ? ti ...- ? AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DEFENDANT(S) EDWARD L. RIGGLEMAN, JR. SHONAGH L. RIGGLEMAN A/K/A SNONAGH L. KEMRER A/K/A SHONAGH L. KEMRER SERVE EDWARD L. RIGGLEMAN, JR. AT 2533 RITNER HIGHWAY CARLISLE, PA 17013 Served and made known to at all O , o'clock E-m., at z? 3 of Pennsylvania, in the manner described below: No. 05-3214 CUMBERLAND COUNTY SMC ACCT. #0016187247 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 7, 2005 SERVED Defendant, on the day of ass , 2005, i --X-Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendam(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: Commonwealth Description: Age LLI Height ` Weight/j62 Race In Sex Other (/?? g (?sSr s -lq I, AX Cwe et-, C--t9:41 , Tr' , a competent adult, being duly swom according to law, depose and state that I personally handed a true and correct copcopNotice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. nmw? Sworn to and subscribed befo a me this )FO') da N of 4ks v .200-S . Notary: -.V j. --kJJ_kk? PLEASE ATTEMPT SERVICE AT On the day of CE ATTEMPTED. 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown _ No Answer I't Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 1200 Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 Vacant 2"d Attempt: Time: PMB NOT SERVED N C? p + T . cr ?? ";1 ? ?T ?i1 ?•. ?. ? ?'?1 1 .j 7'? ?,; ? - ?:: ? i,1 ?„ ? ? ? c- '°t PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, V. EDWARD L. RIGGLEMAN, JR. SHONAGH L. RIGGLEMAN A/K/A SNONAGH L. KEMRER A/K/A SHONAGH L. KEMRER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-3214 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 EDWARD L. RIGGLEMAN, JR. and SHONAGH L. RIGGLEMAN A/K/A SNONAGH L. KEMRER A/K/A SHONAGH L. KEMRER, 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 6/23/05 to 8/4/05 TOTAL $116,832.70 $857.85 $117,690.55 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. DANIEL G. SCHMIEG, ES UIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT . DATE: Qi? o ll, z.D&S' ! PRO PROTHY PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215)563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 Plaintiff, V, EDWARD L. RIGGLEMAN, JR. SHONAGH L. RIGGLEMAN A/K/A SNONAGH L. KEMRER A/K/A SHONAGH L. KEMRER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-3214 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 EDWARD L. RIGGLEMAN, JR. is over 18 years of age and resides at, 2533 RITNER HIGHWAY, CARLISLE, PA 17013. (c) that defendant SHONAGH L. RIGGLEMAN A/K/A SHONAGH L. KEMRER A/K/A SHONAGH L. KEMRER is over 18 years of age, and resides at, 2533 RITNER HIGHWAY, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. d ? DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. EDWARD L. RIGGLEMAN, JR. SHONAGH L. RIGGLEMAN AIK/A SNONAGH L. KEMRER AlKJA SHONAGH L. KEMRER Defendant(s). CIVIL DIVISION NO. 05-3214 Notice is given that a Judgment in the above-captioned matter has been entered against you on 2 OtAQ `SHY-?%/ P n? DEPUTY If you have any questions concerning this matter, please contact: ? ?& j DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** PHELAN, HALLINAN 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 : CIVIL DIVISION Vs. : CUMBERLAND COUNTY EDWARD L. RIGGLEMAN, JR. :NO. 05-3214 SHONAGH L. RIGGLEMAN A/IUA SNONAGH L. KEMRER A/K/A SHONAGH L. KEMRER Defendants TO: EDWARD L. RIGGLEMAN, JR. 2533 RITNER HIGHWAY CARLISLE, PA 17013 DATE OF NOTICE:.H TLY 19.2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT 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. Hallman, Esq., Id. No. 62695 ATTORNEY FOR PLAINTIFF One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (715) 563-7000 MORTGAGE ELECTRONIC REGISTRATION : COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff' : CIVIL DIVISION Vs. : CUMBERLAND COUNTY EDWARD L. RIGGLEMAN,.fR. : NO. 05-3214 SHONAGH L. RIGGLEMAN A/K/A SNONAGH L. KEMRER A/K/A SHONAGH L. KEMRER Defendants TO: SHONAGH L. RIGGLEMAN A(K/A SNONAGH L. KEMRER A/K!A SHONAGH L. KEMRER 2533 RITNER HIGHWAY CARLISLE, PA 17013 DATE OF NOTICE: M TLY 19 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT 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 C ? ..mod =F- d _ ^J N O N Q n C c? cl+ - rv r n ? y m U Q _3 h , MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. No. 05-3214 EDWARD L. RIGGLEMAN, JR. SHONAGH L. RIGGLEMAN AfK/A SNONAGH L. KEMRER A/K/A SHONAGH L. KEMRER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 8/4/05 to DECEMBER 7, 2005 (per diem -$19.35) $117,690.55 $2,418.75 and Costs TOTAL $120,109.30 d anMW, , jcc' DANIEL G. SCHMIEG, ESQtftRE 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. o? d? .a U z z? ? >+ W Y Oz wz 00 ?o CYi Q O F F? Z U Q ? J- ?9- n1 x x z 0 x ?W w y W ? az Z W W a ..7 d z . ? ? I I I z O H yC °' w? wN s d w? U P, o w 0 d w G Q ?Y br M M O O r r Qd a a ww as U U d ? Cx?7 xx H F M M N N N b d A ro H ri its U M s ?„tJ C= ??J l? ALL that certain lot of ground situate in the Township of West Pennsboro, County of Cumberland and State of Pennsylvania, with the buildings thereon erected, bounded and described as follows: BEGINNING at a point in the center of the Rifler Highway, also known as the Carlisle and Chambersburg Pike; thence along lands now or formerly of C. Ir. Henry, North 18 degrees Wes, 462 feet to a point in line of lands now or formerly of Ira Barrick; thence along line of lands now or formerly of Ira Barrick, South 79 degrees East, 344 %x feet to a point in the line of lands formerly of John Allen, now Emanuel Wagner-, thence along lands formerly of John Alien, now Emanuel Wagner, South 18 degrees East, 265 feet to the center of the Rimer Highway; thence along the center line of the Ritner Highway, South 66 Y, degrees West, 300 feet to the place of BEGINNING. CONTAINING 2.56 acres BEING the same premises which Twyla J. Anderson, widow, by her deed dated January 17, 2001 and recorded January 17, 2001 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 237, Page 1046, granted and conveyed unto Twyla J. Anderson, single adult individual, Grantor herein. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Edward L. Riggleman, Jr, and Shonagh L. Riggleman, husband and wife by Deed from Twyla J. Anderson, single adult individual, dated 9-21-Ot and recorded 9-27-01, in Deed Book 248, Page 2718. PREMISES BEING: 2533 RITNER HIGHWAY, CARLISLE, PA 17013 n o ?- v -n < -a z" z nFn n rr C-n G ?y ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3214 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 EDWARD L. RIGGLEMAN, JR., SHONAGH L. RIGGLEMAN A/K/A SNONAGH L. KEMRER A/K/A SHONAGH L. KEMRER (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 $117,690.55 L.L. $.50 Interest FROM 814/05 TO 1217/05 (PER DIEM-519.35) - $2,418.75 AND COSTS Atty's Comm % AttyPaid $130A4 Plaintiff Paid Date: AUGUST 11, 2005 (Seal) DueProthy $1.10 Other Costs I Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. v, Plaintiff, EDWARD L. RIGGLEMAN, JR. SHONAGH L. RIGGLEMAN AWA SNONAGH L. KEMRER A1KlA SHONAGH L. KEMRER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-3214 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant O Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DANIEL G. SCHMIEG, ESQORE Attorney for Plaintiff ,,;,. r„ rP . ?-- <?gI J? -. ly ?P? => rn cs? MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. EDWARD L. RIGGLEMAN, JR. SHONAGH L. RIGGLEMAN A/K/A SNONAGH L. KEMRER A/K{A SHONAGH L. KEMRER Defendant(s). NO. 05-3214 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 ,2533 RITNER HIGHWAY, CARLISLE, PA 17013. 1, Name and address of Owner(s) or reputed Owner(s): Name EDWARD L. RIGGLEMAN, JR. SHONAGH L. RIGGLEMAN AfK1A SNONAGH L. KEMRER AIKlA SHONAGH L. KEMRER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Last Known Address (if address cannot be reasonably ascertained, please indicate) 2533 RITNER HIGHWAY CARLISLE, PA 17013 2533 RITNER HIGHWAY 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) CUMBERLAND COUNTY 1 COURTHOUSE SQUARE ADULT PROBATION CARLISLE, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 2533 RITNER HIGHWAY 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 unswom falsification to authorities. August 4, 2005 DATE W- V"tO ?l,-?d DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ? ? ? c; --? v ` = ? Y ; => v ? ^? {? C> yc ? ? ? MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. EDWARD L. RIGGLEMAN, JR. SHONAGH L. RIGGLEMAN AWA SNONAGH L. KEMRER A/K/A SHONAGH L. KEMRER Defendant(s). TO: EDWARD L. RIGGLEMAN, JR. 2533 RITNER HIGHWAY CARLISLE, PA 17013 CUMBERLAND COUNTY No. 05-3214 August 4, 2005 SHONAGH L. RIGGLEMAN A/K/A SNONAGH L. KEMRER A/K/A SHONAGH L. KEMRER 2533 RITNER HIGHWAY CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND AMY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY * * Your house (real estate) at, 2533 RITNER HIGHWAY, 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 $117,690.55 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 ALL that certain lot of ground situate in the Township of West Pennsboro, County of Cumberland and State of Pennsylvania, with the buildings thereon erected, bounded and described as follows: BEGINNING at a point in the center of the Rimer Highway, also known as the Carlisle and Chambersburg Pike; thence along lands now or formerly of C. E. Henry, North 18 degrees Wes, 462 feet to a point in line of lands now or formerly of Ira Barrick; thence along line of lands now or formerly of Ira Barrick, South 79 degrees East, 344 K feet to a point in the line of lands formerly of John Allen, now Emanuel Wagner; thence along lands formerly of John Allen, now Emanuel Wagner, South 18 degrees East, 265 feet to the center of the Ritner Highway; thence along the center line of the Rimer Highway, South 66'!, degrees West, 300 feet to the place of BEGINNING. CONTAINING 2.56 acres BEING the same premises which Twyla J. Anderson, widow, by her deed dated January 17, 2001 and recorded January 17, 2001 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 237, Page 1046, granted and conveyed unto Twyla J. Anderson, single adult individual, Grantor herein. RECORD OWNER 3!!.T_LF TO SAID PREMISES IS VESTED IN Edward L. Riggleman, Jr, and Shonagh L. Riggleman, husband and wife by Deed from Twyla J. Anderson, single adult individual, dated 9-21-01 and recorded 9-27-0 1, in Deed Book 248, Page 271 S. PREMISES BEING: 2533 RITNER HIGHWAY, CARLISLE, PA 17013 r n ` A Mortgage Electronic Registration Systems Inc. VS Edward L. Riggleman, Jr. and Shonagh L. Riggleman a/k/a Snonagh L. Kemrer a/k/a Shonagh L. Kemrer The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-3214 Civil Term Cpl. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on September 12, 2005 at 8:10 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Edward L. Riggleman, Jr. and Shonagh L. Riggleman a/k/a Snonagh L. Kemrer a/k/a Shonagh L. Kemrer, by making known unto both defendants personally, at 2533 Rimer Highway, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to them personally the said true and correct copies of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 5.03 Advertising 15.00 Levy 15.00 Mileage 4.00 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Share of Bills 20.89 Law Journal 135.00 $256.42 Sworn and subscribed to before me This 1f1day 2005, So Answers R. Thomas Kline, Sheriff BYJO(J-), (, lCyvjk LI Real Estate Sergeant I ?,a (j, ; / 91(- MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. EDWARD L. RIGGLEMAN, JR. SHONAGH L. RIGGLEMAN A/K/A SNONAGH L. KEMRER A/K/A SHONAGH L. KEMRER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-3214 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,2533 RITNER HIGHWAY, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name EDWARD L. RIGGLEMAN, JR. SHONAGH L. RIGGLEMAN A/K/A SNONAGH L. KEMRER A/K/A SHONAGH L. KEMRER Last Known Address (if address cannot be reasonably ascertained, please indicate) 2533 RITNER HIGHWAY CARLISLE, PA 17013 2533 RITNER HIGHWAY 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) CUMBERLAND COUNTY I COURTHOUSE SQUARE ADULT PROBATION CARLISLE, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None b. 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 2533 RITNER HIGHWAY 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 4, 2005 nAiwt0.i" -J -'iCi DATE DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff I- MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. EDWARD L. RIGGLEMAN, JR. SHONAGH L. RIGGLEMAN A/K/A SNONAGH L. KEMRER A/K/A SHONAGH L. KEMRER Defendant(s). TO: EDWARD L. RIGGLEMAN, JR. 2533 RITNER HIGHWAY CARLISLE, PA 17013 CUMBERLAND COUNTY No. 05-3214 August 4, 2005 SHONAGH L. RIGGLEMAN A/K/A SNONAGH L. KEMRER A/K/A SHONAGH L. KEMRER 2533 RITNER HIGHWAY CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DF,BT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 2533 RITNER HIGHWAY, 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 $117,690.55 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 5000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 DESCRIPTION ALL that certain lot of ground situate in the Township of West Peansboro, County of Cumberland and State of Pennsylvania, with the buildings thereon erected, bounded and described as follows: BEGINNING at a point in the center of the Rimer Highway, also known as the Carlisle and Chambersburg Pike; thence along lands now or formerly of C. E. Henry, North 18 degrees Wes, 462 feet to a point in line of lands now or formerly of Ira Barrick; thence along line of lands now or formerly of Ira Barrick, South 79 degrees East, 344 %2 feet to a point in the line of lands formerly of John Allen, now Emanuel Wagner; thence along lands formerly of John Allen, now Emanuel Wagner, South 18 degrees East, 265 feet to the center of the Rimer Highway; thence along the center line of the Rimer Highway, South 66 '/, degrees West, 300 feet to the place of BEGINNING. CONTAINING 2.56 acres. BEING the same premises which Twyla J. Anderson, widow, by her deed dated January 17, 2001 and recorded January 17, 2001 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 237, Page 1046, granted and conveyed unto Twyla J. Anderson, single adult individual, Grantor herein. 1111,13 TO SAIDMISES S VESTED IN Edward L. Riggleman, Jr. and Shonagh L. Riggleman, husband and wife by Deed from Twyla J. Anderson, single adult individual, dated 9-21-01 and recorded 9-27-01, in Deed Book 248, Page 2718. PREMISES BEING: 2533 RITNER HIGHWAY, CARLISLE, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3214 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 EDWARD L. RIGGLEMAN, JR., SHONAGH L. RIGGLEMAN A/K/A SNONAGH L. KEMRER A/K/A SHONAGH L. KEMRER (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 gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (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 $117,690.55 L.L. $.50 Interest FROM 8/4/05 TO 12/7/05 (PER DIEM-$19.35) - $2,418.75 AND COSTS Atty's Comm % Arty Paid $130.44 Plaintiff Paid Date: AUGUST 11, 2005 Due Prothy $1.00 Other Costs Prothonotary (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 By: Deputy Supreme Court ID No. 62205 :i?, I C1 JuLmonS a.ItIsg jt?ag h?o( :xg SOOZ `T£ ISanv :a1eQ •utatau p0173JOCzoout aouatajaz still ? q puu Ittm siq; pm paiu <<d„ ligigxg uo paquosap XItn3 a.tow `aisipuo `XVIA1 0tg .zaWt-9 ££SZ su paaaquznu pue umoux dd `Xlunoj puvitagwnj `dtgsumoj ozogsuuad ISOM ut polumts Xljodozd paz oql ut lsonjui s,juepua3ap Qqj uodn patnaj331tagS oql SOOZ`T£ lsni?nd uo 10# a[uS aIeIsg Inn i T J ? t 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 14, 21, 28, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 1 lsa Marie Coyn/., Editor Writ No. 2005-3214 Civil Mortgage Electronic Registration Systems Inc. vs. Edward L. Riggleman, Jr. & Shonagh L. Riggleman A/K/A Shonagh L. Kemrer A/K/A Shonagh L. Kemrer Atty.: Daniel Schmieg DESCRIPTION ALL that certain lot of ground situate in the Township of West Pennsboro, County of Cumberland and State of Pennsylvania, with the buildings thereon erected, bounded and described as follows: BEGINNING at a point in the cen- SWORN TO AND SUBSCRIBED before me this 28 day of October, 2005 NOTARIAL lair r LOlS E. SNYI:)ER, Nolniv Fvb'ic C ii, [tgr;l, f nrue 1 and 'X IN L'.'?rr (lit:] CARLETTE GABLE and TODD GABLE, her husband, Plaintiffs V. LORI K. RADLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 06-3214 - CIVIL JURY TRIAL DEMANDED PLAINTIFFS' ANSWER/REPLY TO DEFENDANT'S MOTION TO COMPEL IME CANCELLATION FEE AND NOW, comes the Plaintiff Carlette L. Gable, by and through her attorneys, Joseph A. Klein, P.C., and Mark S. Silver, Esquire, and files the following Answer/Reply to Defendant's Motion to Compel IME Cancellation Fee, and in support thereof sets forth the following: 1. It is admitted that "This case arises out of a motor vehicle accident between the parties that occurred on June 10, 2004". By way of further Answer/Reply, the instant automobile collision occurred when Plaintiff operated her vehicle that was westbound along Wertzville Road to a complete stop in a line of traffic that was stopped ahead, and Defendant Lori K. Radle failed to control her vehicle and caused it to collide directly into the rear of that operated by Plaintiff Carlette L. Gable, causing Plaintiff to suffer injuries and damages as plead with specificity in the Complaint filed in this action, incorporated herein by reference. 2. It is admitted as Defendant has plead in her Motion that "As a result of the accident, the Plaintiff alleges severe and permanent bodily injury. (See Paragraph 13 of the Complaint)". By way of further Answer/Reply, the averments contained in Paragraph 13(a) through and including (n) of Plaintiffs Complaint are incorporated herein by reference as though fully set forth at length. 3. It is admitted that Defense counsel scheduled Plaintiff Carlette L. Gable for a medical examination at a physician of Defendant's choice, namely Dr. Michael Mitrick, in York, Pennsylvania, for Wednesday, October 29, 2008, at 4:30 p.m. 4. It is admitted that by his letter dated August 25, 2008, Defense counsel notified Plaintiff that the Defense examining physician Dr. Mitrick required Plaintiff to appear at the former's office at 4:00 p.m. Said letter, however, failed to contain any information, whatsoever, notifying Plaintiff as to why she was required to present at Dr. Mitrick's office at 4:00 p.m., when the appointment scheduled with the doctor was specifically set at 4:30 p.m. It is noteworthy that Plaintiff Carlette Gable was not being seen by the Defense selected Dr. Mitrick as a "new patient" or for purposes of obtaining medical treatment for which she may have been required to complete various questionnaires and/or information sheets to provide her medical history, medications, and insurance information, but rather in the instant matter, none of that information was required as Dr. Mitrick had previously been provided by Defense counsel all relevant medical information that Defense counsel wished Dr. Mitrick to have in advance of his examination of Plaintiff Carlette Gable and as well, the only purpose for this Defense- selected examination was the actual examination of Ms. Gable (Plaintiff) by Dr. Mitrick set to commence at 4:30 p.m. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. It is denied as Defendant pleads in her Motion that "On October 29, 2008, at 4:48 p.m., forty-eight minutes after she was instructed to present for the exam, the Plaintiff called Dr. Mitrick's office and indicated she was still on her way to the exam." To the contrary, at 4:01 p.m., on October 29, 2008, Plaintiff Carlette Gable, while en route from her home in Newark, Delaware, to the appointment with Dr. Mitrick, placed a cell phone telephone call to Dr. Mitrick's office to advise that she was on her way but was running late due to the fact that while en route, there was a motor vehicle collision along the road and that as a result she was detained; and further, that while en route and on a bridge crossing a waterway, there was construction underway that caused traffic to be halted and thus, additional time was lost. Plaintiff Carlette Gable did advise Dr. Mitrick's office that she was continuing on her way to seek as best she could to present herself for the examination with Dr. Mitrick at or before 4:30 p.m., or as soon thereafter as possible, given that the automobile collision along the roadway and the construction interference were conditions beyond her control while timely en route to her examination with Dr. Mitrick. A true and correct copy of the cell phone record of Plaintiff Carlette Gable is attached hereto, identified as Exhibit "A", incorporated herein by reference that confirms the placement of the aforesaid initial telephone call by Plaintiff to Dr. Mitrick's office at 4:01 p.m. By way of further Answer/Reply, On October 29, 2008, at approximately 4:31 p.m., and while continuing en route to Dr. Mitrick's office for the Defense medical exam, Plaintiff Carlette Gable placed a second cell phone call to Dr. Mitrick's office to advise that as of the that moment in time she was traveling along Pennsylvania Route 462 West toward York and that according to MapQuest information, she had only approximately fewer than two (2 mi.) miles yet to travel to arrive at Dr. Mitrick's office and so advised his office staff, but was told at that time that he refused to see Plaintiff Carlette Gable for her appointment, notwithstanding the fact that she would have arrived at his offices at approximately 4:35 p.m , on October 29, 2008, only approximately five (5) minutes subsequent to the actual appointment with Dr. Mitrick for these purposes. Please see the cell phone call entry for October 29, 2009, at 4:31 p.m., on Exhibit "A', as described above, incorporated herein by reference. 9. Denied. Plaintiff has no information upon which she is able to admit or deny the averments contained in Paragraph 3 of Defendant's Motion, and as a result thereof; the same is denied. To the contrary, and by further Answer/Reply to the instant Motion, and the averments contained in this Paragraph 9, Dr. Mitrick's staff advised Plaintiff Carlette Gable when she called his office at 4:31 p.m., on October 29, 2008, that he had a 6:00 p.m., dinner appointment and thus, would not have time to complete the medical examination of Plaintiff and accomplish whatever other tasks he had set forth on his calendar for that date. Again, and noteworthy, is the fact that Plaintiff Carlette Gable, in accordance with her telephone call to Dr. Mitrick's office at 4:31 p.m., on October 29, 2008, could have been at his offices by approximately 4:35 p.m., only five (5) minutes subsequent to the 4:30 p.m., initially scheduled appointment with Dr. Mitrick. 10. Denied. It is denied that Dr. Mitrick charged a $500.00 cancellation fee "as a result of the Plaintiff's failure to appear at the scheduled appointment", as the Plaintiff could have been at that appointment within a reasonable five (5) minutes of the appointed 4:30 p.m., time. Rather, Dr. Mitrick seeks to charge the $500.00 cancellation fee simply because he can, predicated upon his own internal office procedures, whereas in fact, it is apparent that Dr. Mitrick did not lose any appointment or any appointment time and if any in fact was lost, it was as a result of his office staff notifying Plaintiff Carlette Gable at 4:31 p.m., on October 29, 2008, that he refused to see her even though she could have been at his office within four (4) or five (5) minutes of the time of placement of that telephone call. (See Exhibit "A") 11. Denied. The $500.00 cancellation fee was incurred solely and exclusively at the determination of Dr. Mitrick and was not incurred by Dr. Mitrick through any fault of Plaintiff Carlette Gable. By way of further Answer/Reply, Plaintiff Carlette Gable left her home at 126 South Dillwyn Road, Newark, Delaware 19711 at 1:00 p.m., to travel to her appointment with Dr. Mitrick, some three (3) hours in advance of the required time for her presentment at 4:00 p.m. (notwithstanding the fact that her actual appointment with Dr. Mitrick was not scheduled until 4:30 p.m.) and in accordance with MapQuest, a distance of approximately 69 miles was required to be traversed with an estimated trip time of one hour forty-seven minutes (1:47) from her home in Newark, Delaware to Dr. Mitrick's offices at 175 Fifth Avenue, York, Pennsylvania 17403. Thus, Plaintiff Carlette Gable departed her home to travel to Dr. Mitrick's offices at a time leaving one hour and thirteen minutes (1:13) excess time over and beyond that time estimated by MapQuest to make the trip, and thus, a reasonable time in advance of her scheduled appointment to arrive at a timely manner. As set forth above in Paragraph 8, incorporated herein by reference, Plaintiff Carlette Gable's trip to Dr. Mitrick's office was delayed as a result of an automobile collision along the road that caused a time delay and in addition, construction that stopped traffic on a bridge crossing a waterway, neither of which were the fault of Plaintiff Carlette Gable nor were they circumstances over which she had any control and further, having left her home three (3) hours in advance of the scheduled appointment with Dr. Mitrick's staff (as opposed to with him directly at 4:30 p.m.) was indeed a reasonable time to make the trip including reasonable stops or detours. 12. Admitted. 13. Admitted. 14. Denied. It is unknown whether Defendant Lori K. Radle was required to pay Dr. Mitrick a $500.00 cancellation fee. 15. Denied. Plaintiff Carlette Gable never intended not to, nor did she seek not to attend the Defense medical exam at the scheduled time. In matter of fact, Plaintiff Carlette Gable called Dr. Mitrick's offices both at 4:01 p.m., and 4:31 p.m., on October 29, 2008, to seek to advise Dr. Mitrick's office of her delay en route as a result of the aforementioned detours and traffic stoppage, and Plaintiff Carlette Gable could have been at Dr. Mitrick's offices by approximately 4:35 p.m., on October 29, 2008, but she was advised by Dr. Mitrick's office not to appear on that date or time for reasons known only to Dr. Mitrick and/or to his staff. Plaintiff Carlette Gable at all times cooperated and was en route to the Defense scheduled medical exam with Dr. Mitrick and fully intended to participate in the same on that very date. In matter of fact, Plaintiff Carlette Gable did subsequently appear for an appointment with Dr. Mitrick for her Defense medical examination on January 26, 2009, at 4:00 p.m., and was required to wait over one (1:00) hour before actually being seen by the doctor, during which time no paperwork, whatsoever, was submitted to Plaintiff Carlette Gable to review or complete and she was not seen until some time approximately 5:00 p.m., by Dr. Mitrick on January 26, 2009. 16. Denied. It is denied that Defendant Lori K. Radle incurred any $500.00 cancellation fee; it is further denied that the Plaintiff Carlette Gable caused Defendant any expense to her detriment as a result of any affirmative conduct undertaken by Plaintiff Carlette Gable, given the fact that Plaintiff Carlette Gable left her home three (3:00) hours in advance of the 4:00 p.m., appointment with Dr. Mitrick's office and three (3:30) and one-half hours in advance of Plaintiff Carlette Gable's actual appointment with Dr. Mitrick and that due to circumstances beyond her control she could have arrived at Dr. Mitrick's office by 4:35 p.m., on October 29, 2008, but Dr. Mitrick's staff unilaterally, advised her not to appear and cancelled the appointment. The appointment could have been completed on that date. 17. Denied. The averments contained in Paragraph 17 of Defendant's Motion constitute conclusions of law to which no response is required. 18. Admitted. WHEREFORE, Plaintiff Carlette L. Gable for the reasons set forth above in her Answer/Reply to Defendant's Motion, respectfully request this Honorable Court to deny said Defendant's Motion and the prayer for the $500.00 reimbursement for the reasons set forth herein. Respectfull submitted, J P IN, P.C. By: k . i ver, Esquire I.D. No. 09825 500 North Third Street, 7 h Floor P.O. Box 1152 Date: 5 ^ 1 " ?0\ Harrisburg, PA 17101 (717) 233-0132 Attorneys for Plaintiff Carlette L. Gable and Todd D. Gable. her husband -ftN -v- VERIFICATION I, Carlette L. Gable, hereby verify and state that the facts set forth in the foregoing PLAIN'TIFF'S ANSW ERI,REPLY TO MOTION TO COMPEL IME CANCELLATION FEE are true and vorrect to the best of my knowledge, information and belief and that Y am aware that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4909, relating to unworn falsification to authorities. 0 V I ?"avt*ftv Y Date Carlene L. Gable 100/10018 aOinaaS xel aaeAelea 9996 99V ZOE XVA s7:Cl Rnn7/Cnlcn 04/21/2003 11:17 FAX 302 456 9655 Delaware Tax Service 0001/001 Date Time 20-Oct 7:18PM 20-Oct 7:23PM 22-Oct 12:24PM 22-Oct 12:26PM 22-Ott 12:29PM 22-Oct 3:19PM 22-Oct 3:32PM 22-Oct 4:42PM 23-Oct 10:03AM 23-Oct 12:39PM 23-Oct 12:42PM 23-Oct 1:45PM 24-Oct 12:50PM 25-Oct 12:59PM 25-Oct 1:38PM 25-Oct 1:59PM 27-Oct 7:50PM 28-Oct 8:19AM 28-Oct 8:21AM 28-Oct 8:49AM 29-Oct 3:54PM 29-Oct 3:59PM 29-Oct 4:01PM a..? 29-Oct 4:3311?PM 29-Oct 4:39PM 29-Oct 4:39PM 29-Oct 4:42PM 31-Oct 1:05PM 3-Nov 12:25PM 3-Nov 3:12PM 3-Nov 3:16PM 4-Nov 9:56AM 4-Nov 8:39PM 5-Nov 11:57AM 5-Nov 1:22PM 5-Nov 1:52PM 5-Nov 3:55PM 5-Nov 4:28PM 5-Nov 4:30PM 5-Nov 4:32PM 5-Nov 4:44PM 5-Nov 4:46PM 5-Nov 4:50PM 5-Nov 5:46PM 5-Nov 5:47PM 5-Nov 7:07PM Number Rate 302-981-3.1 Peak 302-981-6) Peak 302-981-6+ Peak 302-453-1( Peak 302-453-8E Peak 302-453-IC Peak 302-981-67 Peak 302-981-6, Peak 717-579-5: Peak 302-540-8! Peak 302-540-8! Peak 302-540-8! 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LORI K. RADLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 06-3214 - CIVIL JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Mark S. Silver, Esquire, of Joseph A. Klein, P.C., attorneys for Plaintiffs, do hereby certify that on this date I served the foregoing PLAINTIFF'S ANSWER/REPLY TO MOTION TO COMPEL IME CANCELLATION FEE by placing a true and correct copy of the same in the United States Mail, postage pre-paid, deposited at Harrisburg, Pennsylvania, addressed to counsel for the Defendant as follows: Kevin D. Rauch, Esquire Erick V. Violago, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel, LLP 100 Sterling Parkway, Suite 306 Mechanicsburg, PA 17050 Attorney for Lori K. Radle, Defendant JOSEPH A. KLEIN, P.C. Date: 5 -1 © C? By: Mark S. S1 er, u' I.D. No. 09825 500 North Third Street, 7t' Floor P.O. Box 1152 Harrisburg, PA 17101 (717) 233-0132 Attorneys for Plaintiffs Carlette L. Gable and Todd D. Gable, her husband RLED-j--YrtCE OF THc PP07H"' OTARY 2004 MAY -7 AM 9: 10 PCE,N +JY LVh"sii ,