Loading...
HomeMy WebLinkAbout05-3546 PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUlTE l400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUlTE 350 MCLEAN, VA 22102 A ITORNEY FOR PLAINTIFF v. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. {)S -35'1t.:, {!;u~l~8Z-, TAMMY L. MCCALISTER DAVID E. MCCALISTER 80 CONRAD ROAD, CARLISLE, PA 17013 CUMBERLAND COUNTY Defendants 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A ] 7013 (800)990-9108 File#; 117168 File#: 117168 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) MA Y 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 LA W DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DA Y 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 MA Y OBTAIN AN EXTENSION OF THA T TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HA VE 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 LITIGA TION 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. 1. 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: GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 2. The name(s) and last known addressees) of the Detimdant(s) are: TAMMY L. MCCALISTER DAVID E. MCCALISTER 80 CONRAD ROAD, CARLlSLE,PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12/23/2003 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. 1864, Page: 1735. 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 09/20/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make Such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File#: I17J68 6. The fOllowing amounts are due on the mortgage: Principal Balance Interest 08/20/2004 through 07/12/2005 (Per Diem $2.46) Attorney's Fees Cumulative Late Charges 12/23/2003 to 07/12/2005 Cost of Sui I and Title Search Subtotal $14,376.48 804.42 1,250.00 40.51 $ 550.00 $ 17,021.41 Escrow Credit Deficit Subtotal 0.00 0.00 $ 0.00 TOTAL $ 17,021.41 7. The attorney's fees set forth above are in confonnity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice 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 tenninated 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum 01'$ 17,021.41, together with interest from 07/12/2005 at the rate of $2.46 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. PJ:IELAN LLINAN rsCH~IY'~W _ ?'Itltt!0 ,-\.ktll(tU~( By: IsIFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 117168 LEGAL DESCRIPTION All that certain parcel ofland situate in the Township of Middlesex, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center line of Conrad Road, which said point is 901 feet North of the Northern line of the Trindle Spring Road (P A US Highway Route No. 641), and at the comer of Lot No. 53 on the hereinafter mentioned Dale Fetrow Revised Plan of Lots; thence Westwardly along said Lot No. 53, 223.4 feet to a point at the comer of Lot Nos. 41, 42,52,53 on said Plan; thence Northwardly along Lot NO. 42 on said Plan fifty (50) feet to a point at the comer of Lot Nos. 42, 43, 51 and 52 on said Plan; thence Eastwardly along said Lot No. 51, 223.4 feet to a point on the center line of Conrad Road; thence Southerly along the center line of Conrad Road; thence Southerly along the center line of Conrad Road fifty (50) feet to a point, the place of BEGINNING. PROPERTY BEING: 80 CONRAD ROAD BEING Lot No. 52 on the Dale Fetrow Revised Plan of Lots, which said Plan is recorded in the Recorder's Office in and for Cwnberland County, at Carlisle, Pennsylvania in Plan Book 3, Page 84. SUBJECT, however, to the restrictions as they may appear on the Dale Fetrow Revised Plan of Lots recorded as aforesaid. BEING the same premises which Lillie D. Weigle, Executrix of the Estate ofPell}' A. Weigle, by deed dated February 20, 1956, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 27, Vol. F, Page 242, granted and conveyed unto John W. McCalister and Gertrude J. McCalister, Grantors herein. The said John W. McCalister having died March] 6, 1999 and thereby having vested ownership in the property in his surviving spouse, Grantor herein. File#: 117168 VERlFICA nON Robert Lelli hereby states that he is FORECLOSURE SPECIALIST of GMAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this malter, that he 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 knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of I 8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. # ~/tp /D~- DATE: i{ (j -(q. ~ ~ -- ~ lI( ~ G"- o 0 ......) ~ s~ c;:::. 0 C":;'') N ~, --n ~ L. ::;:J ~ ~ c::: _.L--r"l ,- rilp:: -rll-:< CDSJ W (j ,- g ~'J ~}~ ~G ::3,:: -_.:?,'--, -.........z:... r:-;> :::._?,I"l';j f" ~J3 .< SHERIFF'S RETURN - REGULAR CASE NO: 2005-03546 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS MCCALISTER TAMMY L ET AL MICHAEL 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 MCCALISTER TAMMY L the DEFENDANT at 2100:00 HOURS, on the 15th day of July , 2005 at 80 CONRAD ROAD CARLISLE, PA 17013 by handing to TAMMY MCCALISTER, 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 Service Affidavit Surcharge So Answers: 18.00 4.00 .00 10.00 .00 32.00 r-~~ R. Thomas Kline Sworn and Subscribed to before 07/18/2005 PHELAN HALLINAN SCHMIEG V BY:~ /- - Deputy eriff me this ..2;1.......c day of q. ~'I ,!l1J1J{ . A.D. ~Q rvui~ A~ othonotary ""I" J SHERIFF'S RETURN - REGULAR CASE NO: 2005-03546 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS MCCALISTER TAMMY L ET AL MICHAEL 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 MCCALISTER DAVID E the DEFENDANT at 2100:00 HOURS, on the 15th day of July 2005 at 80 CONRAD ROAD CARLISLE, PA 17013 by handing to TAMMY MCCALISTER 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 6.00 .00 .00 10.00 .00 16.00 So Answers :.'':' ~/ 4' ....../":.,.,.:! ,._".' cJ' ~ ,:'::r..,,;.~ 1" mAf'''''''''''''''-'/' .- R. Thomas Kline 07/18/2005 PHELAN HALLINAN Sworn and Subscribed to before By: 0~ -:;//:/" / ~ me this .J. :J~ day of ~~ :l&t>{ A.D. C ~ 0 "f'v,,'CP,. , ~ P othonotary " f 1 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST AnON 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 05.3546 v. TAMMY L. MCCALISTER DAVID E. MCCALISTER 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 TAMMY L. MCCALISTER and DAVID E. MCCALISTER, 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 7/13/05 to 8/23/05 TOTAL $17,021.41 $103.32 $17,124.73 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. ~JI~~ DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. _~ DATE: .f1<~ Jt) :t~ ~/~ I PRO P OTHY 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. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 05-3546 v. TAMMY L. MCCALISTER DAVID E. MCCALISTER Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions ofthe Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant TAMMY L. MCCALISTER is over 18 years of age and resides at 80 CONRAD ROAD, CARLISLE, PA 17013. (c) that defendant DAVID E. MCCALISTER is over 18 years of age, and resides at 80 CONRAD ROAD, CARLISLE, P A 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. fJuwvd J! A ~ 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 CIVIL DIVISION Plaintiff, NO. 05-3546 v. TAMMY L. MCCALISTER DAVID E. MCCALISTER Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ~ :.U) 20o-S. B~ ~~~ If you have any questions concerning this matter, please contact: fJ~Y'-4~ DANIEL G. SCHMIEG, ES 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 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 'i) 'ih1-7000 MORTGAGE ELECTRONC REGISTRAnON SYSTEMS, INC. ATTORNEY FOR PLAINnFF : COURT OF COMMON PLEAS Plaintiff : CIVIL DMSION Vs. : CUMBERLAND COUNTY TAMMY L. MCCALISTER DAVID E. MCCALISTER Defendants : NO. 05-3546 CIVIL TERM TO: TAMMY L. MCCALISTER 80 CONRAD ROAD CARLISLE, PA 17013 DATE OF NOTICE: Il.llGllST ~ 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOnCE 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 OBJECnONS TO THE CLAIMS SET FORTH AGAINST you. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NonCE, 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 INFORMA nON 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 AdO" .,.,; 1 ~ _~ ~:.J 1)Wf.t4 .-cf. Ji(lJPL~h FRANCIS s. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN, HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (71'i\ 'ih1_7000 MORTGAGE ELECTRONC REGISTRAnON SYSTEMS, INC. ATTORNEY FOR PLAINnFF : COURT OF COMMON PLEAS Plaintiff : CIVIL DMSION Vs. : CUMBERLAND COUNTY TAMMY L. MCCALISTER DAVID E. MCCALISTER Defendants : NO. 05-3546 CIVIL TERM TO: DAVID E. MCCALISTER 80 CONRAD ROAD CARLISLE, PA 17013 DATE OF NOTICE: Il.llGllST 5 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOnCE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMAnON 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 t. v U?~l f\ /J / . Ii '_/" I FRANCIS S. HALLINAN, ESQUIRE -----.. Attorneys for Plaintiff " "<<l. (^#~~ - {- D- ~ ~ ~ P'! Q.f ~ f; \Y J?- ,...." (j C-"'""":l C. .~;~ (,l) c,.) CJ T'" C~J ~_tJ C) .< (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, No. 05-3546 v. TAMMY L. MCCALISTER DAVID E. MCCALISTER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $17,124.73 Interest from 8/23/05 to DECEMBER 7, 2005 (per diem -$2.82) $298.92 and Costs TOTAL $17,423.65 ~~JL1~ DANIEL G. SCHMIEG, E UIRE 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. ""'''''' ... ... == r--r-- ... ... << =.=. ~~ ~~r> Z ...l...l 0 rJ)rJ) ..... ..... rJ)> ..... ~~ r:1s: u ... ;:l uZ IX: IX: U "8 ...lrJ) .......... uu =.Z Z . f;l;lf;l;l ~~ ~~ t Zz 0rJ) ...... <!.) IX:~ rJ)rJ) f;l;l = '" Of;l;l .......... '" ~=. ...f;l;l ~~ ~ Q 00 <!.) ..0 ~;;.; U'" O<::l ~ IX: IX: ~ f;l;l~ Uu '" ... ... ~~ 0... Uu ;:~ .... a ...lrJ) ~ ~i uz f;l;lZ ~~ ~ ~;:l t59 ~~ zz <!.) 00 ...l . ~ ~f;l;l IX:~ 00 ...u <... ot:: 10 uu "- ~~ ,,~ ~s ~ Q ~ == e ~~ f;l;le QOQO <!.) t:2... ~ 8; =. ~ o~ ...~ ..... 0; ~" u '" f;l;lf;l;l ~ -<:i ~ == ~ <!.) "Ci ...~ - ] .~ < Z;:l =. J:.r., .....u .,.. >. 11 ;....-- (''i !...'.. -;-f-.. << ..-- S2 lLl s::-: J. ;2( ~ :,-~.. -; 3 C) ..::::> '"' '-- '~J ('? .... ~ , . , ~.U C;) -...JlL, ~J w CC:l~ =} ::: ...-:( :::- ::- 1 l- , .::- {9 4 ,~ , LL ,:::;) .::J ~ ~ 0 = (.) <'oJ 2 () () () J () a t ~ ~ () () I\J .....9 () () 0) () 0 () ~ -.... 0j C)f -....9 V). () " ~ ~ --.J CJ'" ')- ~ ~ ~ ........ r'f) ......... It) f'YJ ~ -- ct. ~ c:.J DESCRIPTION All that certain parcel of land situate in the Township of Middlesex, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center line of Com ad Road, which said point is 901 feet North of the Northern line of the Trindle Spring Road (P A US Highway Route No. 641), and at the comer of Lot No. 53 on the hereinafter mentioned Dale Fetroy Revised Plan of Lots; thence Westwardly along said Lot No. 53,223.4 feet to a point at the comer of Lot Nos. 41, 42, 52, 53 on said Plan; thence Northwardly along Lot NO. 42 on said Plan fifty (50) feet to a point at the corner of Lot Nos. 42, 43, 51 and 52 on said Plan; thence Eastwardly along said Lot No. 51, 223.4 feet to a point on the center line of Conrad Road; thence Southerly along the center line of Com ad Road; thence Southerly along the center line of Conrad Road fifty (50) feet to a point, the place of BEGINNING. BEING Lot No. 52 on the Dale Fetrow Revised Plan of Lots, which said Plan is recorded in the Recorder's Office in and for Cumberland County, at Carlisle, Pennsylvania in Plan Book 3, Page 84. SUBJECT, however, to the restrictions as they may appear on the Dale Fetrow Revised Plan of Lots recorded as aforesaid. BEING the same premises which Lillie D. Weigle, Executrix of the Estate of Perry A. Weigle, by deed dated February 20, 1956, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 27, Vo\. F, Page 242, granted and conveyed unto John W. McCalister and Gertrude J. McCalister, Grantors herein. The said John W. McCalister having died March 16, 1999 and thereby having vested ownership in the property in his surviving spouse, Grantor herein. Being Parcel # 21-22-0119-032 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN David E. McCalister and Tammy L. McCalister, his wife, by Deed from Gertrude J. McCalister, dated 6-7 -00, recorded 6-9- 00, in Deed Book 223, page 113. PREMISES BEING: 80 CONRAD ROAD, CARLISLE, P A 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3546 Civil CIVIL AcnON - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From TAMMY L. MCCALISTER AND DAVID E. MCCALISTER (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 of the defendant (s) or otherwise disposing thereof: (3) Ifproperty of the defendant(s) not levied upon an suhject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $17,124.73 L.L. $.50 Interest FROM 8/23/05 TO 12/7/05 (PER DIEM - $2.82) - $298.92 AND COSTS Atty Paid $130.00 Plaintiff Paid Date: AUGUST 30, 2005 Due Prothy $1.00 Other Costs Arty's Comm % /L~ (Seal) By: Deputy REQUESTING PARTY: Narne DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBRUBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 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. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION TAMMY L. MCCALISTER DAVID E. MCCALISTER NO. 05-3546 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. ;v~J:LJ~ DANIEL G. SCHMIEG, ES~ Attorney for Plaintiff ",-. ~~ "', = r--:::> <:"';"\ (j :1'1 Ct,:' e:, C) (...) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. TAMMY L. MCCALISTER DAVID E. MCCALISTER CIVIL DIVISION NO. 05-3546 Defendant(s). AFFIDA VII 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 ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,80 CONRAD ROAD, CARLISLE, P A 17013 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TAMMY L. MCCALISTER 80 CONRAD ROAD CARLISLE, PA 17013 DAVID E. MCCALISTER 80 CONRAD ROAD CARLISLE, PA 17013 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. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MERS (AS A NOMINEE FOR) GMAC MORTGAGE CORPORATION, D/B/A DITECH.COM P.O. BOX 2026 FLINT, MI 48501-2026 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 80 CONRAD ROAD CARLISLE, PA 17013 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 23. 2005 DATE ~~JjJ~ DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff ,.; o c-= - r-..") C:,;) <.,:~., 1;;_1'1 :,?"" "-'~ (..'J "', o o -n Cl C,..) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, CUMBERLAND COUNTY No. 05-3546 v. TAMMY L. MCCALISTER DAVID E. MCCALISTER Defendant(s). August 23, 2005 TO: TAMMY L. MCCALISTER 80 CONRAD ROAD CARLISLE, PA 17013 DAVID E. MCCALISTER 80 CONRAD ROAD CARLISLE, PA 17013 ""THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU 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, 80 CONRAD ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on DECEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of$17,124.73 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. lfthe 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 ifthis 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 ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 DESCRIPTION All that certain parcel ofland situate in the Township of Middlesex, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center line of Conrad Road, which said point is 90] feet North of the Northern line of the Trind]e Spring Road (P A US Highway Route No. 641), and at the corner of Lot No. 53 on the hereinafter mentioned Da]e Fetroy Revised Plan of Lots; thence Westwardly along said Lot No. 53,223.4 feet to a point at the corner of Lot Nos. 41, 42, 52, 53 on said Plan; thence Northwardly along Lot NO. 42 on said Plan fifty (50) feet to a point at the corner of Lot Nos. 42, 43,51 and 52 on said Plan; thence Eastward]y along said Lot No.5], 223.4 feet to a point on the center line of Conrad Road; thence Southerly along the center line of Conrad Road; thence Southerly along the center line of Conrad Road fifty (50) feet to a point, the place of BEGINNING. BEING Lot No. 52 on the Dale Fetrow Revised Plan of Lots, which said Plan is recorded in the Recorder's Office in and for Cumberland County, at Carlisle, Pennsylvania in Plan Book 3, Page 84. SUBJECT, however, to the restrictions as they may appear on the Dale Fetrow Revised Plan of Lots recorded as aforesaid. BEING the same premises which Lillie D. Weigle, Executrix of the Estate of Perry A. Weigle, by deed dated February 20, 1956, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 27, Vol. F, Page 242, granted and conveyed unto John W. McCa]ister and Gertrude J. McCalister, Grantors herein. The said John W. McCalister having died March 16, ] 999 and thereby having vested ownership in the property in his surviving spouse, Grantor herein. Being Parcel # 2]-22-01 ]9-032 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN David E. McCa]ister and Tammy L. McCalister, his wife, by Deed from Gertrude J. McCalister, dated 6-7-00, recorded 6-9- 00, in Deed Book 223, page 113. PREMISES BEING: 80 CONRAD ROAD, CARLISLE, P A 17013 C" '" 0 . ~ "-" (- c:~) ~TI <....II ~.= GOO; C,) CO ~ . C.~: c.) AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY PMB No. 05-3546 DEFENDANT(S) TAMMY L. MCCALISTER DAVID E. MCCALISTER ACCT. #8127157407 SERVE TAMMY L. MCCALISTER AT 80 CONRAD ROAD CARLISLE, PA 17013 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 7, 2005 SERVED servedandmadeknownto~"""""'f 1-., Ht:.G('I~icv\.,Defendant,onthe /~f at,7:jO , o'c!ock.j'..m., at '80 GiJP.\. ~~'} GIL(....{~ day of <)('(,f- , 200~:- , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. J ( ~ Adult family member with whom Defendant(s) reside(s). Name and Relationship is l1u ';l 10.:> ""' ~. I ~ Adult in charge of Defendant(s)'s residence who refused to give narne orrelationship. 0:>1/: ~ j; , llite Co> \~"r(. 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. ,-.., _, I' d......k L.,/C. Description: Age b 0 Height ~ /1 Weight lJfl.. Race !Ai L.. Sex L Other ~ ksS-eJ I, ,{'}({ ~.,<:: '- /.., (1.... ~ J J;', a competent adult, heing duly sworn according to law, depose and state that I personally handed a true and COffect copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Other: Sworn to and suhscribed before me this .9';~ ~ of S"~~~/i~ Notary: ) .. . 1""-;] By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATE NOT SERVED On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 s( Attempt: / / Time: 2nd Attempt: I / Time: 3rd Attempt: 1 1 Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - LD. No. 62205 (l'" --~ c:~~' c' --- ----------- - AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. PMB No. 05-3546 DEFENDANT(S) TAMMY L. MCCALISTER DAVID E. MCCALISTER ACCT. #8127157407 SERVE DAVID E. MCCALISTER AT 80 CONRAD ROAD CARLISLE, PA 17013 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 7, 2005 SERVED Served and made known to DE)lI; J ,., J1 c G f i c;f.rt. , Defendant, on the /5' -'--1 ....0 1!20 CofJ'''~ R<::\.} C:;l<tl'l~r~ , 20ll.2, at, .':. , o'clock -t.m., at C? day of s;.rf . , Commonwealth of Pennsylvania, in the manner described below: 'f. Defendant personally served. Adult family member with whorn 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 ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. , II ~~K \..~;ft.. Description: Age S-o Height 5 II Weight.1'Z!! Race IA)~ Sex fA. Other ') I a"-'S''' S I, C\3~""'~'" l.-. C' ~ 'J, ~', a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Other: NOTARW.SEAL LUCU.E H. CARTY. NllIIrYNlIc 'Ii . FrriIn Ccu1lY My Nov. 10. D1t Sworn to and subscribed before me this ~ ~ of~, 200j) ~ Notary:. 'f....,/, -,1l-(~ By: , ...~.) ~ PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICAT ATTEMPTED. NOT SERVED On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1" Attempt: 1 1 Time: 2nd Attempt: 1 1 Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 ~. Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - LD. No. 62205 0!, ',~::;. I i"'J '::-'d c -, c:? - Mortgage Electronic Registration Systems, Inc. VS Tammy 1. McCalister and David E. McCalister The Court of Common Pleas of Cumberland COlmty, Pennsylvania Writ No. 2005-3546 Civil Term Cpl. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on September 12,2005 at 6:19 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendants, to wit: Tammy 1. McCalister and David E. McCalister, by making known unto David McCalister, personally and husband of Tammy 1. McCalister, 80 Comad Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on October 11,2005 at 6:51 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 Tammy 1. McCalister and David E. McCalister located at 80 Comad Road, Carlisle, 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 defendants, to wit: Tammy 1. McCalister and David E. McCalister, by regular mail to their last known address of 80 Comad Road, Carlisle, P A 17013. These letters were mailed under the date of October 06, 2005 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriff's Costs: Docketing 30.00 Poundage 19.82 Advertising 15.00 Posting Handbills 15.00 Mileage 14.40 Levy 15.00 Surcharge 30.00 Law Library Prothonotary Certified Mail Postage Law Journal Patriot News Share of Bills .50 1.00 4.42 1.11 467.00 376.49 20.89 $1,010.63 Sworn and subscribed to before me So ~~w~ /.w~/~ This )""'~ay of AJju~ 2005, A.D. ~Itl~ Proth 0 R. Thomas Kline, Sheriff BY \JO( Real Estate ergeant \. ) 51) t/L 'od 0,''1 I~Lu' /?/S'iy .' MORTGAGE ELECTRONIC P.EGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION TAMMY L. MCCALISTER DAVID E. MCCALISTER NO. 05-3546 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 ,80 CONRAD ROAD, CARLISLE, P A 17013 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TAMMY L. MCCALISTER 80 CONRAD ROAD CARLISLE, PA 17013 DAVID E. MCCALISTER 80 CONRAD ROAD CARLISLE, P A 17013 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. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MERS (AS A NOMINEE FOR) GMAC MORTGAGE CORPORATION, D/B/A DITECH.COM P.O. BOX 2026 FLINT, MI 48501-2026 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 carmot 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) TenanUOccupant 80 CONRAD ROAD CARLISLE, PA 17013 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 {f5~~J~ DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, CUMBERLAND COUNTY No. 05-3546 v. TAMMY L. MCCALISTER DAVID E. MCCALISTER Defendant(s). August 23, 2005 TO: TAMMY L. MCCALISTER 80 CONRAD ROAD CARLISLE, PA 17013 DAVID E. MCCALISTER 80 CONRAD ROAD CARLISLE, P A 17013 "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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT Al'iD 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, 80 CONRAD ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff's Sale on DECEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of$17,124.73 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: 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 caJl: (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 soone:r 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 bt: 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 SheJiff, 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 ofthe money bid for your house will be filed by the Sheriff within 30 days ofthe 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. IFYOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3546 Civil CIVIL AcnON - LA W TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the deht, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC., Plaintiff (s) From TAMMY L. MCCALISTER AND DAVID E. MCCALISTER (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; (h) 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 $17,124.73 LL $.50 Interest FROM 8/23/05 TO 12/7/05 (PER DIEM - $2.82) - $298.92 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $130.00 Plaintiff Paid Date: AUGUST 30, 2005 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBRUBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. Real Estate Sale #45 On September 09,2005 the Sherifflevied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA Known and numbered as 80 Conrad Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. flate: September 09,2005 By: ~~~L{~ Real Estat~ Sergeant ~ ~ r::::::::i CiID li\;jJ I , ,< 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 issue:s of the said Cumberland Law Journal on the following dates, V1Z: 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. i\r..... isa Mane Coyne, E tor \ ; SW~ TO AND SUBSCRIBED before me this 28 day of October. 2005 01.;~/L. h-;:!!A/ f'-~~- }rBt~....~...- 1 NOTAR!;.d. SEr\L '1 , Ll)l~; E. S~JY;'IFH, :\lulary P~.c:;.:c J j C~rljsi8 Dnrc_ (u(r{'fd",,(l(j ,_. _" f"; L. _.v,~:,~.~,'~,;,~.~:_i::_::; I(,n ,:~,:':~:~':'::;~~':~,~..~:~\,,"~ '..:: I~~.',., ~ __________.J REAL ESTATE SALE NO. 45 Writ No. 2005-3546 Civil Mortgage Electronic Registration Systems. Inc. VS. Tammy L. McCalister and David E. McCalister Atty.: Daniel Schmieg DESCRIPTION All that certain parcel ofland situ- ate in the Township of Middlesex. Cumberland County. Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the cen- ter line of Conrad Road. which said point is 901 feet North of the North- ern line of the Trindle Spring Road {PA US Highway Route No. 54}}, and at the comer of Lot No. 53 on the hereinafter mentioned Dale FetToy Revised Plan of Lots: thence West- wardly along said Lot No. 53. 223.4 feet to a point at the comer of Lot Nos. 41, 42, 52. 53 on said Plan; thence Northwardly along Lot NO. 42 on said Plan fifty (50) feet to a point at the comer of Lot Nos. 42. 43. 51 and 52 on said Plan; thence Eastwardly along said Lot No. 51, 223.4 feet to a point on the center line of Conrad Road; thence South- erly along the center line of Conrad Road; thence Southerly along the center line of Conrad Road fifty (50) feet to a point, the place of BEGIN- NiNG. BEING Lot No. 52 on the Dale Fetrow Revised Plan of Lots, which said Plan is recorded in the Record- er's Office in and for Cumberland County, at Carlisle, Pennsylvania in Plan Book 3. Page 84. SUBJECT, however, to the re- strictions as they may appear on the Dale Fetrow Revised Plan of Lots recorded as aforesaid. BEING the same premises which Lillie D. Weigle, Executrix of the Estate of Peny A. Weigle. by deed dated Febmary 20. 1956, and re- corded in the Office of the Recorder of Deeds of Cumberland County. Pennsylvania, in Deed Book 27, Vol. F, Page 242, granted and conveyed unto John W. McCalister and Ger- trude J. McCalister, Grantors herein. The said John W. McCalister having died March 16, 1999 and thereby having vested ownership in the property in his surviving spouse, Grantor herein. Being Parcel # 21-22-01]9-032. RECORD OWNER TITLE TO SAiD PREM1SES IS VESTED IN David E. McCalister and Tammy L. McCalister, his wife, by Deed from Gertrude J. McCalister, dated 6-7-00, recorded 6-9-00, in Deed Book 223, page 113. PREMISES BEING: 80 CONRAD ROAD. CARLISLE. PA 17013. . .t. '" THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Connnonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law. deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania. with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin. State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever SInce; That the printed notice or publication which is securely attached hereto is exactly as pnnted and published in their regular daily and/or Sunday! Metro editions which appeared in the 25th day(s) of Octo her and the 1st 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 S~~;~';~'~'~d'~~~.d day ~fN~~'~;;;b~;"2005'A'[) s(jrittdb< G NOTARIAl SEAl .Terry l. Russell. Notary Public or( of Horrlsburg, Dauphin County My Commls Expires June 6, 2006 ~"'P.", VI,.nl,.s~., NOTAl Y PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 REAL ESTATE SALE No. 45 WrIt No. 2OCJ6.3546 CMITerm Mortgage EIecIronlc Reglslratlon S~s. Inc. Vs Tsmmy L. McCal_ snd OllYld E. McCsI_ Ally: Daniel Schmieg DESCRIPTION All THAT CWAIN parcel of land situate In the Township of Middlesex. Cumberlaod Coonty. Pennsylvania, ~ and described as foJIows. to wit BEGlNNlNG1rt a point in the center line of Comad Road, which said point is 901 leet North of the Northern line of the Toodle Spring Road (PA US Highway Route No. 641), and at lhe comer of Lot No. 53 on the hereinafter mentioned Dale Fetroy Revised Plan of Lots; thence Westwardly along said Lot No. 53, 223.4 feet: to a point at the comer of Lot Nos. 41, 42. 52. 53 on said Plan; thence Northwardly along Lot No. 42 on said Plan fifty (50) feet to II point at the corner of Lot Nos.. 42, 43. 51 and 52 on saidP1an; thence Eastwardly along said Lot No. 51, 223.4 feet to a point on the center line of Conrad Road; thence SOUlherIy along the center line of Conrad Road fifty (SO) feet to II point, the place of BEGlNNlNG. BEING Lot No. 52 on the Dale Fetrow Revised Plan of Lots, which said Plan is recorded in the Recorder's Office in and for Cumberland County, at Carlisle. Petmsylvanill in Plan Book 3. Page 84. SUBJECl', however, to the restrictions as they may appear on the Dale FeIrOW Revised Plan of Lots recorded as aforesaid. BEING the same premises which LiI1re D. Weigle. E=Ilri><OftlreE>tateolPeny A. Weigle. by lIeetl daled F"'ruary 20, 1956. and recorded in the . Office of ~ the Recorder of Deeds of Cumberlaod County, Pennsyl...... in Deed IlooI: 21. VoL F, Pag. Z~2. granred and cooveyed unto JoIItI Iv. M<CaIisItr and Gonrude J. McCalister. _"'" berein. The ,aid loIItI W. MeCa1ister ba,jng died March 16. 1999 and thereby ba,jng vested ownersbip intbe property in his surviving spouse. Grantor herein. BEINGPare<:I;Il2I-22.j)ll~2. 1TlLE TO SAID PREMISES is vested in David E. M<:CaIister and Tammy L. MeCalisIer. his wife. by Deed from GeI1rude I. McCamter. dated 6-7-00. rec0nk4- 6-9-00. in Deed Book 223. page 113. PREMISFJ> BEING: 80 Coomd Roo!, Carlisle. PA11013.