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HomeMy WebLinkAbout05-3410 PHELAN HALLINAN & SCHMIEG, LLP LA WRENn' T. PIIELAN, ESQ., rd. No. 32227 FRANCIS S. HALLINAN, ESQ., Id No. 62695 ONE PENN CENTER PLAZA, SUITE ]400 PIIILADELPHIA, PA 19103 (215) 563.7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. tJ5- 3L/!O ~ v. CUMBERLAND COUNTY MARY K. SHANABROOK A/KIA MARY K. DENNIS 6305 STANFORD COURT MECHANICSBURG, PA 17050 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days 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 DONaT 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON 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, FA 17013 (800)990-9 I 08 File#: 118565 Fi\e#: !\8565 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TillS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 ct scq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE 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 OBLlGA TlONS 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. 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS.INC. 8201 GREENSBORO DRIVE. SUlTE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subjeet of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: WELLS FARGO HOME MORTGAGE.INC. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) ofthe Defendant(s) are: MARY K. SHANABROOK A1KJA MARY K DENNIS 6305 STANFORD COURT MECHANICSBURG, P A 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 11115/2004 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 No: ] 888, Page: 2645. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File#: 118565 6. The following amounts are due on the mortgage: Principal Balance Interest 12/0] /2004 through 07/05/2005 (Per Diem $22.94) Attorney's Fees Cumulative Late Charges 11/15/2004 to 07/05/2005 Cost of Suit and Title Search Subtotal $105,300.00 4.977.98 1.250.00 131.24 $ 550.00 $ I] 2,209.22 Escrow Credit Deficit Subtotal 0.00 437.81 $ 437.81 TOTAL $ 112,647.03 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 Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice ofIntention 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 $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant{s) in the sum of$ 112,647.03, together with interest from 07/05/2005 at the rate of $22.94 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. ~~. L1NA~&SCHMIE?t-~/_. ' . .' .1{Mo~. J;~ By: is/Francis S. Hallinan _ LAWRENCE T PHELAN, ESQUIRE FRANCIS S. HALLINAN. ESQUIRE Attorneys for Plaintiff File #: ]] 8565 LEGAL DESCRIPTION ALL THAT CERTAIN Unit and the property known, named and identiljed in the Declaration referred to below as 'Stanford Court Condominium II', situate in the Village of Westover, Hampden Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act. 68 Pa. C.S.A. 3101 et seq. by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration dated May 29, 1987 and recorded June 3, ] 987 in Misc. Book 334, Page 905, as the same shall be amended from time to time, being and designated in such Declaration, as the same is amended from time to time, as Unit No. 5-F, which said Unit is more fully described in said Declaration, as the same may be amended trom time to time, together with a proportionate undivided interest in the Common Elements (as defined in said Declaration) of3.58%. Grantors reserve the right, in accordance with said Declaration, to reduce and reallocate Grantees proportionate undivided interest in the Common Elements as provided in the Declaration, as the same may be amended from time to time. UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights.of-way, easements and agreements of record, including, but not limited to, those contained in instruments recorded in the Office ofthe Recorder of Deeds of Cumberland County in Misc. Book 249, Page 859, Misc. Book 261, Page 640, Misc. Book 263, Page 690 and Plan Book 52, Page 148. BEING Known As 6305 Stanford Court Fik #: 118565 VF.RJFlCATlON FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ;P/~ FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: '\/JlD5 J ! , "- "- ~ ~ \/-, ~ ~ v \; ::c! ~ ~ \ ~ (") ~ -iJtJ rye,-,' ~j~ S~"_ -..<'- ,~ r:::."-.. . J?; (" :; ~~: ~ ~ ,..., g c.n '-- C._ r- I c~ ~ o 'n ..... -1:-" ri1r:-:: '--,~; :.0,..' C~~ (:) - i"~ ~'~ i'~.'~ ~ :~i?::'(;;; -"":' . ~ "::-.\ j.::~ ..< ,~ or W SHERIFF'S RETURN - REGULAR CASE NO: 2005-03410 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS SHANABROOK MARY K AKA MARY K D RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHANABROOK MARY K AKA MARY K DENNIS the DEFENDANT , at 1706:00 HOURS, on the 14th day of July , 2005 at 6305 STANFORD COURT MECHANICSBURG, PA 17050 by handing to MARY SHANABROOK 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 Service Affidavit Surcharge 18.00 8.80 .00 10.00 .00 36.80 So Answers: '/.-<' r/'?_/ ., "i!';.:;;;;;."",,, . . (r...~;~~~~dA.t., ,..I .--' .- ",-"",. ~..- , R. Thomas Kline 07/15/2005 PHELAN HALLIN Sworn and Subscribed to before By: me this /9 ~ day of ell,! .:J.OO( A.D. I~ ._ (. 'j A,-!2In,,/p~v -JnA.: rothonotary , -'-"7 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST A nON 1617 JOHN F. KENNEDY BLVD., SillTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-3410 MARY K. SHANABROOK A/K/A MARY K. DENNIS 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 MARY K. SHANABROOK AlIDA MARY K DENNIS and, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale ofthe mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 7/6/05 to 8/23/05 TOTAL $112,647.03 $1,124.06 $113,771.09 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. iJevv:J Jj -4 ~ DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: (11 .1(), JD4S PRO PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-3410 MARY K. SHANABROOK NK/A MARY K. DENNIS 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 ofthe 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 MARY K. SHANABROOK A/KJ A MARY K. DENNIS is over 18 years of age and resides at 6305 STANFORD COURT, MECHANICSBURG, PA 17050. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. YJ~Jti~ DANIEL G. SCHMIE , SQUIRE Attorney for Plaintiff (Rule of Civil Procedure No. 236) _ Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-3410 MARY K. SHANABROOK AlK!A MARY K. DENNIS Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on Ii-t,~ ';?() 200..5. By ~~~ If you have any questions concerning this matter, please contact: ~~JjJ~ DANIEL G. SCHMIEG, ES IRE 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 INFORMA nON 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: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (71,j '01-7000 MORTGAGE ELECTRONIC REGISTRATION ; COURT OF COMMON PLEAS SYSTEMS, INe. Plaintiff ; CIVIL DMSION Vs. ; CUMBERLAND COUNTY MARY K. SHANABROOK AlKJA MARY K. DENNIS ; NO. 05-3410 Defendants TO: MARY K. SHANABROOK AlKJA MARY K. DENNIS 6305 STANFORD COURT MECHANICSBURG, P A 17050 DATE OF NOTICE: A 1I1',,,t 4 200~ 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 TIfAT PURPOSE-IF YOU HAVE PREVIOUSLY RECENED 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 mDGMENT MAYBE 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 ALA WYER, THIS OFFICE MAYBE 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 t fCJ 0 -6(). 1t- , :-a C> F -- C>- o 1'-,,') (f- ~ p:! c- c.~ '.::.:~ "cl .on ~ ::i ::.~ () ... (::: ~ ~ C~' ~~ C,) ~ 0 ~ - ~~;. 1'0 ,-;:: 0 ...-.) --< (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. 05-3410 MARY K. SHANABROOK AlKJA MARY K. DENNIS Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $113,771.09 Interest from 8/23/05 to DECEMBER 7, 2005 (per diem -$18.70) $1,982.20 and Costs TOTAL $115,753.29 fJ~JjJ~ DANIEL G. SCHMIEG, ESQ One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It ma not be sold in the absence of a re resentative 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. -= III -= r- .... -< =- g ~ = '" u .... '" ~ .... = z u ~~ z "'" "'" z ~ O~ Q 0 ~ .... ~ "'> u ... ~;;; s ~ ~ .,::J uZ u '-' 0 t ...:I", ........ ~~ U =-Z Z . 0'" ~ <Il Zz "'" := l:J ~ '-' ~~ '" 0"," -< ~ = .~ J:> ..."'" " ~=- ~ O"Y ~ 0 ~ u!;; .., p., ~ ~ . ... .. ~~ s O~ "'">- < ;~ ~ <Il ...:I'" .; ~ ~~ \) UZ "'"Z .. ~~ ... ~~ 0 '" g- OO tS8 ~ ~:. l~ III P. U ~~ ot: -= ~ ~ ~Q ~ = \0 "'"6 ~ ~~ ~... ~ =- Vi 8; o~ .... <Il = U 0) ~tJ ~ -i:l -t3 "'""'" ~ '" 0) ~ == ~ ~ 1 ~ ...~ s ~ ~~ u ~ J1 + 'J c::> '3 N ~~~ t: VJ .... - ... ... ... t'-- ~ irl ... ~ 0 -c, ~ --...) () ~ ('0 ~ ... ... , .... -...( ~ ... , - rD ~ ... "- :.::,::) ~ ...s ...-.;.C or.> ::1 I -- l1- t.::=:) I "() ,CJ --J C) c:::;) u 2 ,~ ~ ~ () () () a 0 t ~ ~ c ~ """ "- lr) ....9 ~ 0:. ~ ~ ~ ~ c::J (::It. ~ rY) ....... ---... 't&- DESCRIPTION ALL THAT CERTAIN UNIT AND THE PROPERTY KNOWN, NAMED AND IDENTIFIED IN THE DECLARATION REFERRED TO BELOW AS 'STANFORD COURT CONDOMINIUM II', SITUATE IN THE VILLAGE OF WESTOVER, HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, WHICH HAS HERETOFORE BEEN SUBMITTED TO THE PROVISIONS OF THE PENNSYLVANIA UNIFORM CONDOMINIUM ACT, 68 P A. C.S.A 3101 ET SEQ. BY THE RECORDING IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY OF A DECLARATION DATED MAY 29, 1987 AND RECORDED JUNE 3,1987 IN MISC. BOOK 334, PAGE 905, AS THE SAME SHALL BE AMENDED FROM TIME TO TIME, BEING AND DESIGNATED IN SUCH DECLARATION, AS THE SAME IS AMENDED FROM TIME TO TIME, AS UNIT NO. 5-F, WHICH SAID UNIT IS MORE FULLY DESCRIBED IN SAID DECLARATION, AS THE SAME MAYBE AMENDED FROM TIME TO TIME, TOGETHER WITH A PROPORTIONATE UNDIVIDED INTEREST IN THE COMMON ELEMENTS (AS DEFINED IN SAID DECLARATION) OF 3.58%. GRANTORS RESERVE THE RIGHT, IN ACCORDANCE WITH SAID DECLARATION, TO REDUCE AND REALLOCATE GRANTEES PROPORTIONATE UNDIVIDED INTEREST IN THE COMMON ELEMENTS AS PROVIDED IN THE DECLARATION, AS THE SAME MAYBE AMENDED FROM TIME TO TIME. UNDER AND SUBJECT TO ANY AND ALL COVENANTS, CONDITIONS, RESTRICTIONS, RIGHTS-OF- WAY, EASEMENTS AND AGREEMENTS OF RECORD, INCLUDING, BUT NOT LIMITED TO, THOSE CONTAINED IN INSTRUMENTS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY IN MISe. BOOK 249, PAGE 859, MISe. BOOK 261, PAGE 640, MISe. BOOK 263, PAGE 690 AND PLAN BOOK 52, PAGE 148. BEING PARCEL # 10-18-1323-054A RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Mary Kathleen Shanabrook, a single woman, by Deed from Richard A. Lehman and Kristin M. Lehman, dated 11-15-04, recorded 11-19-04, in Deed Book 266, page 1641. PREMISES BEING: 6305 STANFORD COURT, MECHANICSBURG, P A 17050 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION NO 05-3410 Civil CIVIL ACTION - LAW SYSTEMS,INC., Plaintiff (s) From MARY K. SHANABROOK AlK/A MARY K. DENNIS (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) Ifproperty 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 $113,771.09 L.L. $.50 Interest FROM 8/23/05 TO 12/7/05 (PER DIEM - $18.70) - $1,982.20 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $118.80 Other Costs Plaintiff Paid Date: AUGUST 30, 2005 (Seal) 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 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. MARY K. SHANABROOK AiK/A MARY K. DENNIS NO. 05-3410 Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. :ff~ JLj~ ' DANIEL G. SCHMIEG, E~UIRE Attorney for Plaintiff _< f'..) I:::::> ...., c::::> C:::.l C..J'1 C) ""T1 :"7J fh:n r' r..~ C c.) c; E; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY v. Plaintiff, COURT OF COMMON PLEAS MARY K. SHANABROOK A/K/A MARY K. DENNIS CIVIL DIVISION NO. 05-3410 Defendant(s). AFFIDA VIr 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 infonnation concerning the real property located at ,6305 STANFORD COURT, MECHANICSBURG, P A 17050 . I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MARY K. SHANABROOK A/K/A MARY K. DENNIS 6305 STANFORD COURT MECHANICSBURG, PA 17050 2. Name and address ofDefendant(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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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) STANFORD COURT CONDOMINIUM II 6305 STANFORD COURT STANFORD COURT CONDOMINIUMS II MECHANICSBURG, PA 17050-5229 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 6305 STANFORD COURT MECHANICSBURG, PA 17050 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare 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 ofI8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 23, 2005 DATE ~JLJ~ DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff e r~' 0 . ~ (:::> l:.- c..'":'\ -n c....' :~,"''''' .--\ :c -;; , n'l f"C:- (; ; n'; c.) D C I C! ,- :T~, 2) :)1"'"1 ---I 1"0 :g 0 -~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, CUMBERLAND COUNTY v. No. 05-3410 MARY K. SHANABROOK A/KJA MARY K. DENNIS Defendant(s). August 23, 2005 TO: MARY K. SHANABROOK A/K/A MARY K. DENNIS 6305 STANFORD COURT MECHANICSBURG, PA 17050 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at , 6305 STANFORD COURT. MECHANICSBURG, PA 17050, 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 $113,771.09 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.RC.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: I. 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. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563- 7000. 2. You may be able to 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 Sheriffwithin 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 A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 DESCRIPTION ALL THAT CERTAIN UNIT AND THE PROPERTY KNOWN, NAMED AND IDENTIFIED IN THE DECLARATION REFERRED TO BELOW AS 'STANFORD COURT CONDOMINIUM II', SITUATE IN THE VILLAGE OF WESTOVER, HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, WHICH HAS HERETOFORE BEEN SUBMITTED TO THE PROVISIONS OF THE PENNSYLVANIA UNIFORM CONDOMINIuM ACT, 68 PA. e.SA 3101 ET SEQ. BY THE RECORDING IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY OF A DECLARATION DATED MAY 29, 1987 AND RECORDED JUNE 3,1987 IN MISC. BOOK 334, PAGE 905, AS THE SAME SHALL BE AMENDED FROM TIME TO TIME, BEING AND DESIGNATED IN SUCH DECLARATION, AS THE SAME IS AMENDED FROM TIME TO TIME, AS UNIT NO. 5-F, WHICH SAID UNIT IS MORE FULLY DESCRIBED IN SAID DECLARATION, AS THE SAME MAYBE AMENDED FROM TIME TO TIME, TOGETHER WITH A PROPORTIONATE UNDIVIDED INTEREST IN THE COMMON ELEMENTS (AS DEFINED IN SAID DECLARATION) OF 3.58%. GRANTORS RESERVE THE RIGHT, IN ACCORDANCE WITH SAID DECLARATION, TO REDUCE AND REALLOCATE GRANTEES PROPORTIONATE UNDIVIDED INTEREST IN THE COMMON ELEMENTS AS PROVIDED IN THE DE CLARA TION, AS THE SAME MAYBE AMENDED FROM TIME TO TIME. UNDER AND SUBJECT TO ANY AND ALL COVENANTS, CONDITIONS, RESTRICTIONS, RIGHTS-OF_ WAY, EASEMENTS AND AGREEMENTS OF RECORD, INCLUDING, BUT NOT LIMITED TO, THOSE CONTAINED IN INSTRUMENTS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY IN MISC. BOOK 249, PAGE 859, MISe. BOOK 261, PAGE 640, MISC. BOOK 263, PAGE 690 AND PLAN BOOK 52, PAGE 148. BEING PARCEL # 1O-18-1323-054A RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Mary Kathleen Shanabrook, a single woman, by Deed from Richard A. Lehman and Kristin M. Lehman, dated 11-15-04, recorded 11-19-04, in Deed Book 266, page 1641. PREMISES BEING: 6305 STANFORD COURT, MECHANICSBURG, P A 17050 ...., ~~'~') c::::) <-" ~ I... (;.1 ( ~') 2:0 >,. 0, -, -< J\~ '(~ ~ ~~) 1',:- C..:.. AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. PMB No. 05-3410 DEFENDANT(S) MARY K. SHANABROOK NKlA MARY K. DENNIS ACCT. #1100095569 SERVE MARY K. SHANABROOK NKI A MARY K. DENNIS AT 6305 STANFORD COURT MECHANICSBURG, PA 17050 Type of Action - Notice of Sherifrs Sale Sale Date: DECEMBER 7, 2005 SERVED Served and made known to !}.a:/<,y J(. ~"'a. b'll::l:::>l ,Defendant,onthe----U-daYOf ~, ,200s;.t BilS-,o'clockfm.,at G..JO~ ""5.t-at->d"o~~ <3--. J f.J\('!(v..e~'ICS be.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 Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging 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: I ot"5 (..:~~ '-', ~ , " Description: Age #" Height U Weight LJQ Race l&h.. Sex 1:::"" Other Ic\~~'" ~<L k. C7<1,~J' -:lv. , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy ofthe Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me t)lis ~ d'llL of ")",=:>t, , 200~ /;/1 Nota~'A;pL-,~/O/J,eC, By. ~ ~~T'~;~ICE AT LEAST 3 TIMES. INDICATE D ATTEMPTED. NOTAIW SEAL UlCIllE H. CARTY.~ My Now. 10._ ES OF SERVICE NOT SERVED On the day of ,200_, at o'clock _,m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 ,t Attempt: I I Time: 2nd Attempt: I I Time: 3rd Attempt: I I Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 '" c'...... () t;'~ -n :~ ,.', '1..;-.' -~'l c.':; o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ) CIVIL ACTION ) vs. MARY K. SHANABROOK A/KJA MARY K. DENNIS ) CIVIL DIVISION ) NO. 05-3410 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. hereby verify that on 8/26/05 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: November 3.2005 ? DANIEL MIEG, ESQUIRE Attorney for Plaintiff-------=_ "- ... MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION MARY K. SHANABROOK A/KJA MARY K. DENNIS NO. 05-3410 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,6305 STANFORD COURT. MECHANICSBURG, PA 17050. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MARY K SHANABROOK AlK/A MARY K. DENNIS 6305 STANFORD COURT MECHANICSBURG, P A 17050 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None ~ 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) STANFORD COURT CONDOMINIUM II 6305 STANFORD COURT STANFORD COURT CONDOMINIUMS II MECHANICS BURG, PA 17050-5229 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 6305 STANFORD COURT MECHANICSBURG, PA 17050 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 23, 2005 DATE ~JLJ~ DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff ig~~g.;i 8S..g:&t't fg;lg2~ ~ (00 g t:J.. wi'" g,"' ~ 21 ~<'l"B- Q,::f a.g\iJ !Sa ~t; g' -...;. ~_......,o ~R"i;g;;:I ...., ~ no o'g;;" ~~~oii" c"<< <&1;;' 6''g E ~'2 ~"o; g .. S. <:I 0" <') a. a ~"N g ~ o _. ~ Q . 0 i ~ Q Q NO. .....?I::J-.; o ~ii'ij ~ I1 ... '" ?I E.Q'J;?- 11<'i3-8", n~[ ~ 9' S a.o..S:~ ~ a ~~ ~~'gg ."0 Ei i!. ,::l "" R .... i~Q~. & ~a;; .ggSa ~'ml5l ~~ ~ ~ ~'~ g-~ Iii <: -." ::l !:!.;;: a ~ih ~~!!g SJ::t ~5- a"'~~ g~.oa ".~~. <:Iii g:;; ." . :::'/-0'"8';; ~e;:'"t:l If f g-g. _ 0, :!:!Si RE ;'z i'~ to' '<2, 1 ~ v, ~ "' w '" >,., ~ . Q ~ g U ~ '"t1~ ~ ~ Q -~ 0'" ~lr o ~ lii' oll "Ii. ",Ii" .' .., ~ ~ ~ o ~ '" . R $: " '" ~ :>0 ~ ~ ~ ~ P'1 Ii? ~ '" '" R - ~ - o '" 00 -..) v, co '" ... 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PHELAN HALLINAN & SCHMIEG, LLP BY: MATTHEW CONNOR, ESQUIRE Identification No. 92406 One Penn Center at Suburban Station 1617 J.F.K. Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc., 8201 Greensboro Drive, Suite 350 McLean, V A 22102 Court of Common Pleas Civil Division vs. Cumberland County Mary K. Shanabrook 6306 Stanford Court Mechanicsburg, P A 17050 No. 05-3410 PLAINTIFF'S MOTION TO SET ASIDE SHERIFF'S SALE Plaintiff, Mortgage Electronic Registration Systems, Inc., by, and through its attorneys, Phelan Hallinan & Schmieg, LLP, respectfully requests that this Honorable Court enter an Order setting aside the March 8, 2006 Sheriff s sale of the property located at 6306 Stanford Court, Mechanicsburg, P A 17050 and in support thereof avers as follows: I. An in rem judgment was entered in favor of Plaintiff in the above-referenced mortgage foreclosure action on August 29, 2005. 2. Pursuant to a Writ of Execution issued on August 29, 2005 to enforce the judgment, the mortgaged premises was sold to Plaintiff at the Cumberland County Sheriffs sale held on March 8, 2006. 3. However, on or about March 15,2006, Plaintiff notified Counsel to rescind the Sheriffs due to pending Loss Mitigation, as Plaintiff is trying to work with the Defendant to cure the underlying default on the Mortgage. . .. 4. Defendant followed the proper procedures to prevent the sale of her property and should not be penalized. 5. As such, the Sheriffs sale held on March 8, 2006 was inadvertently conducted while there was pending Loss Mitigation and Plaintiffs foreclosure action was placed on hold. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order setting aside the March 8, 2006 Sheriffs sale. PHELAN HALLINAN & SCHMIEG, LLP /A. ~ Matthew Connor, Esquire Attorney for Plaintiff VERIFICATION Matthew Connor, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Motion to Set Aside Sheriff s Sale are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP ~~ Matthew Connor, Esquire Attorney for Plaintiff . ... .. PHELAN HALLINAN & SCHMIEG, LLP BY: MATTHEW CONNOR, ESQUIRE Identification No. 92406 One Penn Center at Suburban Station 1617 J.F.K. Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc. 8201 Greensboro Drive, Suite 350 McLean, VA 22102 Court of Common Pleas Civil Division vs. Cumberland County Mary K. Shanabrook 6306 Stanford Court Mechanicsburg, P A 17050 No. 05-3410 BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO SET ASIDE SHERIFF'S SALE An in rem judgment was entered in favor of Plaintiff in the above-referenced mortgage foreclosure action on August 29, 2005. Pursuant to a Writ of Execution issued on August 29, 2005 to enforce the aforementioned judgment, the mortgaged premises was sold to Plaintiff at the Cumberland County Sheriffs sale held on March 8, 2006. However, on or about March 15,2006, Plaintiff notified Counsel to rescind the Sheriffs due to pending Loss Mitigation. Defendant followed the proper procedures to prevent the sale of her property and should not be penalized. As such, the Sheriffs sale held on March 8, 2006 was inadvertently conducted while there was pending Loss Mitigation and Plaintiffs foreclosure action was placed on hold. " ~ WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order setting aside the March 8, 2006 Sheriffs sale. PHELAN HALLINAN & SCHMIEG, LLP //( t/ '"-! Matthew Connor, Esquire Attorney for Plaintiff C) ; , ...,... (-:: .- -~ -< .~... - I'] ~:::::::--- . , . ... ... .. r' l. -/ i-I; '''': "" D ! ',,-,',' u;. (:. \ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Mortgage Electronic Registration Systems, Inc., 8201 Greensboro Drive, Suite 350 McLean, VA 22102 Court of Common Pleas Civil Division vs. Cumberland County Mary K. Shanabrook 6306 Stanford Court Mechanicsburg, P A 17050 No. 05-3410 ,~ AND NOW, this 11 day of A ~~\ \ ,2006, upon consideration of Plaintiffs Motion to ORDER Set Aside Sheriffs Sale and Defendant's Response thereto, if any, it is hereby ORDERED and DECREED that Plaintiffs Motion is granted; and ORDERED and DECREED that the March 8, 2006 Sheriffs sale ofthe property at 6306 Stanford Court, Mechanicsburg, P A 17050 is hereby set aside and the Sheriff is hereby directed to stay the Writ of Execution and return it to the Office of the Prothonotary. BY THE COURT: ~ l UMA~I ,) - 1 ~ \~ I . DV 0,,--0' ,,\ '1 'lu .' ).,t.'\, z \1 '" \ , PHELAN HALLINAN & SCHMIEG, LLP BY: MATTHEW CONNOR, ESQUIRE Identification No. 92406 One Penn Center at Suburban Station 1617 J.F.K. Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563- 7000 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc., 8201 Greensboro Drive, Suite 350 McLean, VA 22102 Court of Common Pleas Civil Division vs. Cumberland County Mary K. Shanabrook 6306 Stanford Court Mechanicsburg, P A 17050 No. 05-3410 CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the Plaintiffs Motion to Set Aside Sheriff's Sale, Memorandum of Law in Support thereof, Verification, and proposed Order were served by U.S. first class mail on all parties on the date listed below: Mary K. Shanabrook 6306 Stanford Court Mechanicsburg, P A 17050 Sheriff of Cumberland County I Courthouse Square Carlisle, PA 17013 )1.) q (6 f; Date //~ Matthew Connor, Esquire Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc. VS Mary K. Shanabrook a/k/a Mary K. Dennis The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-3410 Civil Term David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on Sept. 27, 2005 at 9:40 o'clock AM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Mary K. Shanabrook a/k/a Mary K. Dennis, by making known unto Mary K. Shanabrook, personally, at 6305 Stanford Court, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 12,2005 at 8:32 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Mary K. Shanabrook a/k/a Mary K. Dennis located at 6305 Stanford Court, Mechanicsburg, 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: Mary K. Shanabrook a/k/a Mary K. Dennis, by regular mail to her last known address of 6305 Stanford Court, Mechanicsburg, P A 17050. This letter was mailed under the date of October 06, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Court order dated April 12, 2006 and signed by Honorable M.L. Ebert received to set aside sale held on March 08, 2006. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge 30.00 19.15 15.00 15.00 10.00 .50 1.00 21.12 2.33 15.00 20.00 Postage Law Journal Patriot News Share of Bills .74 449.00 356.78 20.89 $ 523.49 Sworn and subscribed to before me r~-~~;?~~ R. Thomas Kline, Sheriff BY Jn~J~ Real Estate ergeant 2006, A.D. \ ,s1l l.A ~..\{P I~, /71 f'Jj , (. " " MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION MARY K. SHANABROOK AfKIA MARY K. DENNIS NO. 05-3410 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .6305 STANFORD COURT. MECHANICSBURG. PA 17050. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MARY K. SHANABROOK AIKIA MARY K. DENNIS 6305 STANFORD COURT MECHANICSBURG, PA 17050 2. Name and address ofDefendant(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. 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) STANFORD COURT CONDOMINIUM II 6305 STANFORD COURT STANFORD COURT CONDOMINIUMS II MECHANICSBURG, PA 17050-5229 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 6305 STANFORD COURT MECHANICSBURG, PA 17050 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Penusylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 23. 2005 DATE ~JLJ~ DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff " . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, CUMBERLAND COUNTY No. 05-3410 v. MARY K. SHANABROOK A/KJA MARY K. DENNIS Defendant(s). August 23, 2005 TO: MARY K. SHANABROOK A/KJ A MARY K. DENNIS 6305 STANFORD COURT MECHANICSBURG, PA 17050 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at. 6305 STANFORD COURT. MECHANICSBURG. PA 17050. 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, P A 17013, to enforce the court judgment of $113,771.09 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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. 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. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to 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 reoresentative of the olaintiff 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 r ,; DESCRIPTION ALL THAT CERTAIN UNIT AND THE PROPERTY KNOWN, NAMED AND IDENTIFIED IN THE DECLARATION REFERRED TO BELOW AS 'STANFORD COURT CONDOMINIUM II', SITUATE IN THE VILLAGE OF WESTOVER, HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, WHICH HAS HERETOFORE BEEN SUBMITTED TO THE PROVISIONS OF THE PENNSYLVANIA UNIFORM CONDOMINIUM ACT, 68 PA. C.S.A. 3101 ET SEQ. BY THE RECORDING IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY OF A DECLARATION DATED MAY 29,1987 AND RECORDED JUNE 3,1987 IN MISC. BOOK 334, PAGE 905, AS THE SAME SHALL BE AMENDED FROM TIME TO TIME, BEING AND DESIGNATED IN SUCH DECLARATION, AS THE SAME IS AMENDED FROM TIME TO TIME, AS UNIT NO. 5-F, WHICH SAID UNIT IS MORE FULLY DESCRIBED IN SAID DECLARATION, AS THE SAME MAYBE AMENDED FROM TIME TO TIME, TOGETHER WITH A PROPORTIONATE UNDIVIDED INTEREST IN THE COMMON ELEMENTS (AS DEFINED IN SAID DECLARATION) OF 3.58%. GRANTORS RESERVE THE RIGHT, IN ACCORDANCE WITH SAID DECLARATION, TO REDUCE AND REALLOCATE GRANTEES PROPORTIONATE UNDIVIDED INTEREST IN THE COMMON ELEMENTS AS PROVIDED IN THE DECLARATION, AS THE SAME MAYBE AMENDED FROM TIME TO TIME. UNDER AND SUBJECT TO ANY AND ALL COVENANTS, CONDITIONS, RESTRICTIONS, RIGHTS-OF-WAY, EASEMENTS AND AGREEMENTS OF RECORD, INCLUDING, BUT NOT LIMITED TO, THOSE CONTAINED IN INSTRUMENTS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY IN MISC. BOOK 249, PAGE 859, MISC. BOOK 261, PAGE 640, MISC. BOOK 263, PAGE 690 AND PLAN BOOK 52, PAGE 148. BEING PARCEL # 10-18-1323-054A RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Mary Kathleen Shanabrook, a single woman, by Deed from Richard A. Lehman and Kristin M. Lehman, dated 11-15-04, recorded 11-19-04, in Deed Book 266, page 1641. PREMISES BEING: 6305 STANFORD COURT, MECHANICSBURG, PA 17050 , ' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3410 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 MARY K. SHANABROOK A/KJA MARY K. DENNIS (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property ofthe defendant (s) or otherwise disposing thereof; (3) Ifproperty 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 $113,771.09 L.L. $.50 Interest FROM 8/23/05 TO 12/7/05 (PER DIEM - $18.70) - $1,982.20 AND COSTS Atty's Corom % Due Prothy $1.00 Atty Paid $118.80 Other Costs Plaintiff Paid Date: AUGUST 30, 2005 (Seal) By: Deputy REQUESTING PARTY: Narne DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PffiLADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 ~ c:v\l ~ @i) r;;a Real Estate Sale #36 On September 07, 2005 the Sherifflevied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 6305 Stanford Court, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 07, 2005 By:Jrly~ Real Estate Sergeant S 11 : II '1 I - d3S SOOZ -./d '/\.L l~.' "..~j._,.,_j ,i J.:iii:[1HS ~;D J:!!J.jfJ 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 atrached 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 ist and 8th day(s) of November 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY ;:;;;;;-~;;;;~ . . me this 23rd day of November 2005 A.D. NOTARIAl SEAl Terry L. Russell, Notary Public Oly of Harrisburg, Dauphin County My Commission Expires June 6. 2006 ~mber.pennsYJ'" nlaAs I nafNotarie. I~PUBLIC~ My commission expires June 6, 2006 .. CUMBERLAND COUNTY SHERIFFS 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 ss, COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VlZ: 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. SWORN TO AND SUBSCRIBED before me this 28 day of October. 2005 L SEAL LOIS E. SNYDER, Notary Public ,. C 3rlisle Bora, Cumberland COUOtv t!'v COll'mis;'on Expires March 5, 2009 .-& ....... ... ... . Writ No. 2005-3410 Clvll Mortgage Electronic Registration Systems, Inc. vs. Mary K. Shanabrook a/k/ a Mary K. Dennis Atty.: Daniel Schmieg DESCRIPTION ALL that certain unit and the property known, named and Identi- fied in the declaration referred to below as 'Stanford Court Condo- mfnjum n', situate in the Village of Westover. Hampden Township, Cumberland County. Pennsylvania, which has heretofore been submit- ted to the provisions of the Penn~ sylvania Uniform Condominium Act. 68 Pa. C.S.A. 3101 et seq. by the recording in the Office of the Re- corder of Deeds of Cumberland County of a declaration dated May 29. 1987 and recorded June 3. 1987 In Misc. Book 334. Page 905, as the same shall be amended from Ume to Ume, being and desIgnated in such declaration. as the same Is amended from time to time, as Unit No.5-F. whIch said unit Is more fully described In said declaration. as the same may be amended from time to time. together with a proportionate undivided interest in the common elements (as defined In saId decla- ration) of 3.58%. Grantors re5eIVe the right. in accordance with said declaration, to reduce and reallocate Grantees proportionate undivided interest in the common elements as provided in the declaration. as the &&me may be amended from _1l> time. UNDER AND SUBJECT to any and all covenants, conditions. re~ strictions. rtghts-of~way. easements and agreements of record, Inc1ud~ lng. but not limited to. those con- tained in instruments recorded in the Office of the Recorder of Deeds of Cumberland County In Misc. Book 249. Page 859. Misc. Book 261. Page 640. MIsc. Book 263, Page 690 and Plan Book 52, Page 148. BEING PARCEL # 10-18-1323- 054A. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Mary Kathleen Shana- brook. a single woman. by Deed from RIchard Po. Lebman and Kristin M. Lehman. dated 11-15-04. recorded 11-19-04, in Deed Book 266. page 1641. PREMISES BEING: 6305 STAN- FORD COURT. MECHANlCSBURG. PA 17050.