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HomeMy WebLinkAbout05-3735 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (2 I 5) 563-7000 PHH MORTGAGE CORPORATION, F/KlA ERA MORTGAGE 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM v. NO. ():; -.3'73S CiviL ~~ CUMBERLAND COUNTY RICHARD L. FORNEY 270 MCALLISTER CHURCH ROAD CARLISLE, PA 17013 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 jud!,'l11ent may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 File #: \ lQS37 File #: 119537 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MA Y OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. I. Plaintiff is PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known addressees) of the Defendant(s) are: RICHARD L. FORNEY 270 MCALLISTER CHURCH ROAD CARLISLE, PAl 7013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 02/12/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1854, Page: 1809. 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 03/0112005 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 #: 119537 6. The following amounts are due on the mortgage: Principal Balance Interest 02/01/2005 through 07/21/2005 (Per Diem $14.07) Attorney's Fees Cumulative Late Charges 02/12/2004 to 07/21/2005 Cost of Suit and Title Search Subtotal $76,234.33 2,405.97 1,250.00 98.76 $ 550.00 $ 80,539.06 Escrow Credit Deficit Subtotal 0.00 152.04 $ 152.04 TOTAL $ 80,691.10 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant( s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Detendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave 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 $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 80,691.10, together with interest from 07/21/2005 at the rate of $14.07 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. P INA~. & Sfl-lMIE.J f)-f;y} / ' f:2U~ ~. //IltUt2;J( By: IslFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQtnRE Attorneys for Plaintiff File #". 119537 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON ERECTED SITUATE IN THE TOWNSHIP OF WEST PENNSBORO IN THE VILLAGE OF ELLIOTTSON COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA MORE PARTICULAR BOUNDED AND DESCRIBED AS FOLLOWS TO WIT BEGINNING AT A POINT ON THE WEST SIDE OF THIRTY (30) FOOT WIDE PRIVATE ROAD AT CORNER OF LAND NOW OR LATE OF JAMES ELLIOTT ONE HUNDRED SIXTY (160) FEET SOUTH OF A POINT AT THE SOUTHEASTERN CORNER OF LOT NOW OR LATE OF CHARLES WORLEY; THENCE ALONG SAID PRIV ATE ROAD SOUTH TWO AND ONE HALF (2 1/2) DEGREES WEST ONE HUNDRED TWENTY THREE (123) FEET SEVEN (7) INCHES TO A POINT AT OTHER LAND NOW OR LATE OF JAMES ELLIOTT; THENCE ALONG SAME NORTH EIGHTY SEVEN AND ONE HALF (871/2) DEGREES WEST ONE HUNDRED FIFTY (150) FEET TO A POINT ON THE EAST SIDE OF A PRIVATE ALLEY; THENCE ALONG THE EAST SIDE OF SAID PRIVATE ALLEY NORTH TWO AND ONE HALF (2 1/2) DEGREES EAST ONE HUNDRED TWENTY THREE (123) FEET SEVEN (7) INCHES TO A POINT ON LINE OF OTHER LAND NOW OR LATE OF JAMES ELLIOTT; THENCE ALONG THE LATTER SOUTH EIGHTY SEVEN AND ONE HALF (87 l/2) DEGREES EAST ONE HUNDRED FIFTY (150) FEET TO A POINT ON THE WEST SIDE OF SAID PRIVATE ROAD THE PLACE OF BEGINNING CONTAINING EIGHTEEN THOUSAND FIVE HUNDRED EIGHTY ONE AND ONE FOURTH (18,581 1/4) SQUARE FEET. BEING THE SAME PROPERTY CONVEYED TO RICHARD FORNEY AN ADULT INDIVIDUAL BY DEED FROM RICHARD FORNEY AND REBECCA FORNEY HUSBAND AND WIFE RECORDED 02/19/2004 IN DEED BOOK 261 PAGE 3649, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA. TAX ID# 46-19-1659-0] I PREMISES: 270 MCALLISTER CHURCH ROAD File#: 119537 VRRIFlCA T10N MARC J. HINKLE hereby states that he/she is V.P. ofCENDANT MORTGAGE CORPORA nON mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his /her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. e.S. Sec. 4904 relating to unsworn falsification to authorities. );~ )/~1 DATE: '1 !,q 1:;- 0 "b9- 8 ~ ~ Ut ,..., n n I.:? .'n UI, c.'.:-" ,. <.J' -' c'~ ::c "'"\\ lrt , 1>'i;:::' I '-.'1\:\ ....... -3; \:J r",' ,;,)' N t~_,\ () r- ,.:~----q \' -- -rJ ~, " ;-~~f\ ~ ?J :l_' () p- (~,? "'.' ,- > ~r-" ~ ;::J, r 1- <.....) ."'. e".O - ~ PHELAN HALLINAN & SCHMIEG, L.L,P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SillTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-3735-CIVIL TERM RICHARD L. FORNEY 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 RICHARD L. FORNEY and, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 7/22/05 to 9/19/05 TOTAL $80,691.10 $844.20 $81,535.30 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. 'ff~ J1~~ DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. 7.~. DATE: ~J J.ooS ~4 I PRO ROT () 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 PffiLADELPffiA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE 3000 LEADENHALL ROAD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-3735-CIVIL TERM RICHARD L. FORNEY 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 ofthe 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 RICHARD L. FORNEY is over 18 years of age and resides at, 270 MCALLISTER CHURCH 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. ~~ J1 Jc~ DANIEL G. SCHMIEG, ESQ~ Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PHH MORTGAGE CORPORATION, FIK/A ERA MORTGAGE 3000 LEADENHALL ROAD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-3735-CIVIL TERM RICHARD L. FORNEY Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ~23 201lS. By: / If you have any questions concerning this matter, please contact: 'it~J1---'~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. 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 HA VE 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, PA 19103 (7' ") "1\1_7000 PHH MORTGAGE CORPORATION, FIKIA ERA MORTGAGE ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY RICHARD L. FORNEY Defendants : NO. 05-3735 TO: RICHARD L. FORNEY 270 MCALLISTER CHURCH ROAD CARLISLE, PA 17013 DATE OF NOTICE: A nGnST 25 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAJNED FROM YOU WILL BE USED FOR THAT 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 AGAJNST 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 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 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff C ICJ 0 ~ tt- ~ 4:) S- O ~ - () ~ ~ ,....> ~ -J = ~ ~ = cf' ~ p=- en :?-n ~ 1~1 <n --0 n1p: lU' ~ i?- 1') ;~9 - w ~ ~ __-Ie) -;- --;-, ~ ? _~1"; :;\C \;)c) 6cn c::> ,.-~t Y' c,) ::t1 0-' .;.;: (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 PHH MORTGAGE CORPORATION, FIK/A ERA MORTGAGE Plaintiff, v. No. 05-3735-CIVlL TERM RICHARD L, FORNEY Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $81,535.30 Interest from 9/19/05 to MARCH 8, 2006 (per diem -$13.40) $2,278.00 and Costs TOTAL $83,813.30 lY~..Jf J~ DANIEL G. SCHMIEG, ES One Penn Center at Suburban Station 1617 JohnF. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. .... ~ <=> r- ~ < ~ ~ ii1 ~ u ~ ~ ro.,;$ ~ =: ~ o~ .... ~ .... ;;J ~~ 5 e es... .... 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C>.. -ll i d( DESCRIPTION ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON ERECTED SITUATED IN THE TOWNSHIP OF WEST PENNSBORO IN THE VILLAGE OF ELLIOTTSON COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA MORE PARTICULAR BOUNDED AND DESCRIBED AS FOLLOWS TO WIT BEGINNING AT A POINT ON THE WEST SIDE OF THIRTY (30) FOOT WIDE PRIV ATE ROAD AT CORNER OF LAND NOW OR LATE OF JAMES ELLIOTT ONE HUNDRED SIXTY (160) FEET SOUTH OF A POINT AT THE SOUTHEASTERN CORNER OF LOT NOW OR LATE OF CHARLES WORLEY; THENCE ALONG SAID PRIV ATE ROAD SOUTH TWO AND ONE HALF (2 1/2) DEGREES WEST ONE HUNDRED TWENTY THREE (123) FEET SEVEN (7) INCHES TO A POINT AT OTHER LAND NOW OR LATE OF JAMES ELLIOTT; THENCE ALONG SAME NORTH EIGHTY SEVEN AND ONE HALF (87 1/2) DEGREES WEST ONE HUNDRED FIFTY (150) FEET TO A POINT ON THE EAST SIDE OF A PRIV ATE ALLEY; THENCE ALONG THE EAST SIDE OF SAID PRIVATE ALLEY NORTH TWO AND ONE HALF (2 1/2) DEGREES EAST ONE HUNDRED TWENTY THREE (123) FEET SEVEN (7) INCHES TO A POINT ON LINE OF OTHER LAND NOW OR LATE OF JAMES ELLIOTT; THENCE ALONG THE LATTER SOUTH EIGHTY SEVEN AND ONE HALF (871/2) DEGREES EAST ONE HUNDRED FIFTY (150) FEET TO A POINT ON THE WEST SIDE OF SAID PRIV ATE ROAD THE PLACE OF BEGINNING CONTAINING EIGHTEEN THOUSAND FIVE HUNDRED EIGHTY ONE AND ONE FOURTH (18,5811/4) SQUARE FEET. BEING THE SAME PROPERTY CONVEYED TO RICHARD FORNEY AN ADULT INDIVIDUAL BY DEED FROM RICHARD FORNEY AND REBECCA FORNEY HUSBAND AND WIFE RECORDED 02/19/2004 IN DEED BOOK 261 PAGE 3649, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA. TAX ID# 46-19-1659-011 Being Parcel # 46-19-1659-01 I RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Richard Forney, an adult individual, by Deed from Richard Forney and Rebecca Forney, husband and wife, dated 2-12-04, recorded 2-19-04, in Deed Book 261, page 3649. PREMISES BEING: 270 MCALLISTER CHURCH ROAD, CARLISLE, PA 17013 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 PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DMSION RICHARD L. FORNEY NO. OS-373S-CIVIL TERM 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: () an FHA mortgage () non-owner occupied () vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. e.S. Section 4904 relating to unsworn falsification to authorities. 'P~JJ J~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff (") ,",; ..., c.:,:/ = CJ' ~ ~ N W 9n 9-." in,..- ~om "'rJO ':)0 ~:2 =+~ '-)-- "';r~ ,::~I '0> ~~ 5: 9? w 0"' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3735 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, Plaintiff (s) From RICHARD L. FORNEY (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 npon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $81,535.30 L.L. $.50 Interest FROM 9/19/05 TO 3/8106 (PER DIEM - $13.40) - $2,278.00 AND COSTS Atty's Corron % Due Prothy $1.00 Atty Paid $110.00 Other Costs Plaintiff Paid (Seal) (~Lh:f:-tj;d - Prothonotary . ..":c-J'-' 7 By: Date: SEPTEMBER 23, 2005 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 PHH MORTGAGE CORPORATION, FIK/A ERA MORTGAGE CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CML DIVISION RICHARD L. FORNEY NO. 05-3735-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE, 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 .270 MCALLISTER CHURCH 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) RICHARD L. FORNEY 270 MCALLISTER CHURCH ROAD CARLISLE, P A 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 270 MCALLISTER CHURCH 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. September 2 \, 2005 DATE fJ~Jj A~ DANIEL G. SCHMIEG, ESQlfulli Attorney for Plaintiff ~ ~ = <J'" (/) "''1 '-0 N c..> 9n ~-n nOr -om -"1' ;::J{_) :'t=n r~) -- ~7~ 0' -.{ 'r>' ~Q """ ::t:: ? 0~ 0') PHH MORTGAGE CORPORATION, FIK/A ERA MORTGAGE Plaintiff, CUMBERLAND COUNTY No. 05-3735-CIVIL TERM v. RICHARD L. FORNEY Defendant(s). September 21, 2005 TO: RICHARD L. FORNEY 270 MCALLISTER CHURCH 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 BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at . 270 MCALLlSTEKCHURCH ROAD, CARLISLE. P A 17013. is scheduled to be sold at the Sheriff's Sale on MARCH 8.2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $81,535.30 obtained by PHH MORTGAGE CORPORATION. F/K/A ERA MORTGAGE (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 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 rnay 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 Sheriff's 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 ifthe buyer pays the Sheriffthe 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 ifthe 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 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. 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 mav not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 DESCRIPTION ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON ERECTED SITUATED IN THE TOWNSHIP OF WEST PENNSBORO IN THE VILLAGE OF ELLIOTTSON COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA MORE PARTICULAR BOUNDED AND DESCRIBED AS FOLLOWS TO WIT BEGINNING AT A POINT ON THE WEST SIDE OF THIRTY (30) FOOT WIDE PRIVATE ROAD AT CORNER OF LAND NOW OR LATE OF JAMES ELLIOTT ONE HUNDRED SIXTY (160) FEET SOUTH OF A POINT AT THE SOUTHEASTERN CORNER OF LOT NOW OR LATE OF CHARLES WORLEY; THENCE ALONG SAID PRIVATE ROAD SOUTH TWO AND ONE HALF (2 1/2) DEGREES WEST ONE HUNDRED TWENTY THREE (123) FEET SEVEN (7) INCHES TO A POINT AT OTHER LAND NOW OR LATE OF JAMES ELLIOTT; THENCE ALONG SAME NORTH EIGHTY SEVEN AND ONE HALF (87 1/2) DEGREES WEST ONE HUNDRED FIFTY (150) FEET TO A POINT ON THE EAST SIDE OF A PRIVATE ALLEY; THENCE ALONG THE EAST SIDE OF SAID PRIVATE ALLEY NORTH TWO AND ONE HALF (2 1/2) DEGREES EAST ONE HUNDRED TWENTY THREE (123) FEET SEVEN (7) INCHES TO A POINT ON LINE OF OTHER LAND NOW OR LATE OF JAMES ELLIOTT; THENCE ALONG THE LATTER SOUTH EIGHTY SEVEN AND ONE HALF (87 1/2) DEGREES EAST ONE HUNDRED FIFTY (150) FEET TO A POINT ON THE WEST SIDE OF SAID PRIVATE ROAD THE PLACE OF BEGINNING CONTAINING EIGHTEEN THOUSAND FIVE HUNDRED EIGHTY ONE AND ONE FOURTH (18,581 1/4) SQUARE FEET. BEING THE SAME PROPERTY CONVEYED TO RICHARD FORNEY AN ADULT INDIVIDUAL BY DEED FROM RICHARD FORNEY AND REBECCA FORNEY HUSBAND AND WIFE RECORDED 02/19/2004 IN DEED BOOK 261 PAGE 3649, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA. TAX ID# 46-19-1659-011 Being Parcel # 46-19-1659-011 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Richard Forney, an adult individual, by Deed from Richard Forney and Rebecca Forney, husband and wife, dated 2-12-04, recorded 2-19-04, in Deed Book 261, page 3649. PREMISES BEING: 270 MCALLISTER CHURCH ROAD, CARLISLE, P A 17013 Cl ...., C l.-"::;:> 0 .cc:;- = <J' "T1 t'; <'^ :r!..,., :-;-'1 -0 rllp= N -om W :')0 ("., ! .:':<(:,1 , :r:.:T. C -r;-~ ') q -". "3-(") ~i en On, =<! G.l ~ ~JJ 0', -< SHERIFF'S RETURN - REGULAR CASE NO: 2005-03735 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS FORNEY RICHARD L CPL TREVOR KENT Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FORNEY RICHARD L the DEFENDANT , at 1500:00 HOURS, on the 4th day of Auqust , 2005 at CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to RICHARD L. FORNEY a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: r-~~"~ ~/~ 18.00 .00 .00 10.00 .00 28.00 R. Thomas Kline me this Subscribed to before '1 day of ~ A.D. 08/09/2005 PHELAN HALLINAN SCHMIEG ~h- Deputy Sheriff By: Sworn and dos, I- t A. I.'. - -'7Y1~'7^ - Prothonotary ~ PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff PHH MORTGAGE CORPORATION. FIK/A ERA MORTGAGE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff v. CIVIL DIVISION RICHARD 1. FORNEY NO. 05-3735-CIVIL TERM Defendant MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendant, RICHARD L. FORNEY , by certified mail and regular mail to 270 MCALLISTER CHURCH ROAD, CARLISLE, PA 17013 and 339 S. 22ND STREET, WEIRTON, WV 26062, by posting 270 MCALLISTER CHURCH ROAD, CARLISLE, P A 17013 and in support thereof avers the following: I. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for MARCH 8, 2006. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendant with the Notice of Sale have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to 270 MCALLISTER CHURCH ROAD, CARLISLE, P A 17013and 339 S. 22ND STREET, WEIRTON, WV 26062 and by posting 270 MCALLISTER CHURCH ROAD, CARLISLE, P A 17013. PHELAN HALLINAN & SCHMIEG, LLP B~ ~~QUffiE Attorney for Plaintiff , AFFIDAVIT OF SERVICE PLAINTIFF PHH MORTGAGE CORPORATION, FIK/A ERA MORTGAGE CUMBERLAND COUNTY PMB No. 05-3735-CML TERM DEFENDANT(S) RICHARD L. FORNEY ACCT. #0026819961 SERVE RICHARD L. FORNEY AT 270 MCALLISTER CHURCH ROAD CARLISLE, PA 17013 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 8, 2006 SERVED Served and made known to , Defendant, on the day of ,200_, at ,o'clock_.m., at , Commonwealth of Pennsylvania, in the maIll1er 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. ManagerlClerk 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: Description: Age_ Height_ Weight_ Race Sex Other I, , 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. Sworn to and subscribed before me this _ day of ,200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the 4Jt,dayOf (0eh~ ,200,,5 at ;:),;~ o'clock -f2.ITL, Defendant NOT FOUND because: ~ Vacant L Moved Unknown No Answer 1" Attempt: C:1 1 d-~ 1 01; Time: is : I~ '?1" 2nd Attempt: 1 1 Time: .' proM Is VOC-4.t. c;ale ~v4 $'l5tJ (S dl5 ?\Gl"I~ , Qe~\f6r P'("Oy\J.a..J ~5 '8.+: 3~q 'S. A1LJ &+. W~\V+O-Yl t wv l.fcO{O). ~~ 3rd Attempt: 1 I Time: Attorn. r State 01 New Jefsey Daniel.. mieg, Es~lftlr~l ~ r: r'1\ ';")1"'"1 r' I.D. No. 62205 CQl,:il""lJl0fl l::XtJiiE.;) JJfiL, i" :d IV} d-(F ~ ~ AFFIDAVIT OF SERVICE PLAINTIFF PHH MORTGAGE CORPORATION, FIK/A ERA MORTGAGE CUMBERLAND COUNTY PMB No. OS-373S.CIVIL TERM DEFENDANT(S) RICHARD L. FORNEY ACCT. #0026819961 SERVE RICHARD L. FORNEY AT: 339 S. 22ND STREET WEIRTON, WV 26062 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 8, 2006 SERVED Served and made known to , Defendant, on the day of ,200_, at . o'clock_.m., at , Commonwealth of West Virginia, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age_ Height _ Weight _ Race Sex Other I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this _ day of ,200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the 2-,/.r:t day of ()~-1..--' ,200....,f, at /'.5(J o'clock J3...m., Defendant NOT FOUND because: Moved _ Unknown J No Answer Vacant ,,:/OI;P' --t-~~ ILl I,u, 1:U4STime:7f :$ /.f..?fA- , 1" Attempt: /01 z:.fl.2,eo5Time: !:5'f) ~"'Pf. 2nd Attempt: 3rd Attempt: / D I.,t$' lo!J Time: Ib: .59 0. ......,. ~14.-~ Sworn to and subscribed before me this ~ day ~ot:::v~m{:~~~. cJ-.c;r!(;~ By: Attornev for Plaintiff Daniel G. Schmieg, Esquire LD. No. 62205 COMMONWEALTH OF PENNSYLVANIA Notarial Seal CarlaJ. Mankey, NotalY Public North Strabane Twp., Washington County My Commission Expires Aug. 25, 2009 Member. Pennsylvania Association of Notaries FORECLOSURE REVIEW SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 119537 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Richard Forney Current Address: 270 McAllister Church Road, Carlisle, P A 17013 Property Address: 270 McAllister Church Road, Carlisle, PA 17013 Mailing Address: 270 McAllister Church Road, Carlisle, PA 17013 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Richard Forney. 201-68-8734 B. EMPLOYMENT SEARCH Richard Forney - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Richard Forney reside(s) at: 270 McAllister Church Road, Carlisle, PA 17013. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for Richard Forney. B. On 7/13/05,7/14/05, and 7/16/05 our office made a telephone call to (717) 319- 2002 and received the following information: automated voicemail on all occasions. III. INQUIRY OF NEIGHBORS On 7/13/05,7/14/05, and 7/15/05 our office attempted to contact Thomas e. Wickard, at 268 McAllister Church Road, Carlisle, PA 17013, (717) 243-0750 and received the following information: answering machine on all occasions. On 7/13/05,7/14/05, and 7/15/05 our office attempted to contact Robert Steinour, Jr., at 278 McAllister Church Road, Carlisle, P A 17013, (717) 249.5482 and received the following information: no answer on all occasions. . IV. ADDRESS INQUIRY A NATIONAL ADDRESS UPDATE On 7/15/05 we reviewed the National Address database and found the following information: Richard Forney- 270 McAllister Church Road, Carlisle, PA 17013. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is ~ possible mailing address: no addresses on file. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the P A Deparbnent of Motor Vehicles, we were unable to obtain address information on Richard Forney. VI. OTHER INQUIRIES A DEATH RECORDS As of 7/15/05 Vital Records and all public databases have no death record on file for Richard Forney. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Richard Forney residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Richard Forney - 8/14/1974 B. AK.A. Richard 1. Forney . All accessible public databases have been checked and cross-referenced for the above named individual(s). . Please be advised all database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I herby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. , v vt,n eOU:~ONWltAL TH Of PfiN:N~i l. W'iin ~ ~ ? ttf/f} " NOTARIAL SEAL r-- ry,.. . '. aJAr-. RYAN P GALVIN. Notary Public T'--' . City of Philadelphia, Phila. County AFFIANT, Brendan Booth CcllM1Issm . sOecember21.2008 Foreclosure Review Services, Inc. Sworn to and subscribed before me this 15'" day of July 2005. The above information is obtained from available public records Mid we are only liable for the cost of the affidavit. kls PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff v. CIVIL DIVISION RICHARD L. FORNEY NO. 05-3735-CNIL TERM Defendant PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure, Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P., Rule 3129.2 (c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (I) Service of the Notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402 (a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy of the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in the subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, RICHARD L. FORNEY ,are unknown, a reasonable investigation of their last known address was made in accord,mce with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure, Rule 430 (a) provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriffs Return or Affidavit of Service of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs.Polis, 238 Pa.Super. 362,357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address. Adoption of Walker, 468 Pa. 165,360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (I) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the defendant and (3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the attached Affidavit ofRetum of Service, marked hereto as Exhibit "A", the Process Server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to 270 MCALLISTER CHURCH ROAD, CARLISLE, PA 17013 and 339 S. 22ND STREET, WEIRTON, WV 26062 and by posting 270 MCALLISTER CHURCH ROAD, CARLISLE, P A 17013. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP By: QUIRE VERIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take the verification and that the statements made in the foregoing Motion for Service of Notice of Sale pursuant to Special Order of Court are true and correct to the best of his knowledge, information and belief. The undersigned also understands that this statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unsworn falsification to authorities. Date: November 7.2005 ~'~ 'k ~ k( . CH~G, ESQUIRE PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff v. CIVIL DIVISION RICHARD L. FORNEY NO. 05-3735-CIVIL TERM Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Verification in the above captioned matter was sent by first class mail, postage prepaid to the following interested parties on the date indicated below. RICHARD L. FORNEY 270 MCALLISTER CHURCH ROAD CARLISLE, P A 17013 and 339 S. 22ND STREET WEIRTON, WV 26062 G. Sc ie, Attorney for Plaintiff Date: November 7.2005 C'''' ~-":?, , '.1 C) ., -l ;Ti;J? -:1 , , ~-., is> :r-" 0\ "_:::1 -< , ~rpF~(~ISi"Tr.;:'T.;)'.': 'J 'NOV 1 : ;005 I BY I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS V~~~j'=o~cJ PHH MORTGAGE CORPORATION, F/K/ A ERA MORTGAGE CIVIL DIVISION Plaintiff v. NO. 05-3735-CIVIL TERM RICHARD L. FORNEY Defendant ORDER AND NOW, thisa~ day of ~ ,2005, upon consideration of Plaintiffs Motion for Service of Notice of Sale Pursuant to Special Order ofCourl and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above-captioned Defendant, RICHARD L. FORNEY , by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to 270 MCALLISTER CHURCH ROAD, CARLISLE, PA 17013 and 339 S. 22ND STREET, WEIRTON, WV 26062 and by posting 270 MCALLISTER CHURCH ROAD, CARLISLE, P A 17013. Service of the aforementioned mailings is effective upon the date of mailing and is to be done by Plaintiffs attorney, who will file with the Prothono ce an Affidavit of service. J. 11--).) -05 /J ~ C~b1{J . , :fit" l.vC, . ~ - ,(... l-! J J 2 AO:',~ snoz .. .- . PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL SCHMIEG, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION PHH MORTGAGE CORPORATION, FIK/A CUMBERLAND COUNTY ERA MORTGAGE No.: 05-3735-CIVIL TERM vs. RICHARD L. FONEY AFFIDAVIT I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to RICHARD L. FONEY on 12/8/05 at 270 MCALLISTER CHURCH ROAD, CARLISLE, P A 17013, in accordance with the Order of Court dated 11/21/05, The undersigned understands that this statement is made subject to the penalties of 18 P A e.S. s 4904 relating to unsworn falsification to authorities. VcvwJ Jj __~p~ DANIEL G. SCHMIEG, ESQfuRE Date: December 12,2005 " PHH Mortgage Corporation f/k/a Era Mortgage VS Richard L. Forney In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-3735 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states he made a diligent search and inquiry for the within named defendant, to wit: Richard L. Forney, but was unable to locate him in his bailiwick. The house located at 270 McAllister Church Road, Carlisle, Cumberland County, Pennsylvania is vacant. He therefore served the within Real Estate Writ, Notice of Sale and Description in the following manner: The Sheriff mailed a copy of the action by certified mail, return receipt requested, restricted delivery to Richard L. Forney at his last known address of 339 South 22nd Street, Weirton, WV 26062 on January II, 2006. The unopened letter was returned to the Cumberland County Sheriffs Office on February 21, 2006 marked "Unclaimed." Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on January 11,2006 at 2:52 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 Richard L. Forney located at 270 McAllister Church Road, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriffs Costs: Docketing Poundage Posting Handbills Advertising Law Library Prothonotary Mileage Certified Mail Levy Surcharge Postage Law Journal Patriot News Share of Bills 30.00 17.76 15.00 15.00 .50 1.00 4.40 12.00 15.00 20.00 .78 425.00 328.40 21.05 $905.89 Sworn and subscribed to before me S~~~~~ Thisj'l!. day of ~ 2006, A.D. ~ R. Thomas Kline, Sheriff BY 0oc0..( SwU:1J. Real Estate Sergeant I, st C:k. 53J!Q.., ~ j7S''fS1 '. ! PHH MORTGAGE CORPORATION, FIK/A ERA MORTGAGE , . ; CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION RICHARD L, FORNEY NO. 05-3735-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) PHH MORTGAGE CORPORATION. FIKfA ERA MORTGAGE. Plaintiff in the above action, by its attorney, DANlEL 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 .270 MCALLISTER CHURCH ROAD. CARLISLE. PA 17013 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RICHARD L. FORNEY 270 MCALLISTER CHURCH ROAD CARLISLE, P A 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None ; I 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TenantJOccupant 270 MCALLISTER CHURCH 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, P A 171 05 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 of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Seotember21. 2005 DATE fF~.JjJ~ DANIEL G. SCHMIEG, ESQ~ Attorney for Plaintiff PHH MORTGAGE CORPORATION, FfKlA ERA MORTGAGE Plaintiff, CUMBERLAND COUNTY No. OS-373S-CIVIL TERM v. RICHARD L. FORNEY Defendant(s). September 21, 2005 TO: RICHARD L. FORNEY 270 MCALLISTER CHURCH 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 SHOUW NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT; BUT ONLY ENFORCEMENT OF A UEN A GAINST PROPERTY. .. Your house (real estate) at. 270 MCALLlSTERCHURCH ROAD. CARLISLE. P A 17013. is scheduled to be sold at the Sherift's Sale on MARCH 8. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $81.535.30 obtained by PBB MORTGAGE CORPORATION. F/KlA ERA MORTGAGE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance withPa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT TIllS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriff's 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 mav not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 DESCRIPTION ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON ERECTED SITUATED IN THE TOWNSHIP OF WEST PENNSBORO IN THE VILLAGE OF ELLIOTTSON COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA MORE PARTICULAR BOUNDED AND DESCRIBED AS FOLLOWS TO WIT BEGINNING AT A POINT ON THE WEST SIDE OF THIRTY (30) FOOT WIDE PRN ATE ROAD AT CORNER OF LAND NOW OR LATE OF JAMES ELLIOTT ONE HUNDRED SlXTY (160) FEET SOUTH OF A POINT AT THE SOUTHEASTERN CORNER OF LOT NOW OR LATE OF CHARLES WORLEY; THENCE ALONG SAID PRN ATE ROAD SOUTH TWO AND ONE HALF (2 1/2) DEGREES WEST ONE HUNDRED TWENTY THREE (123) FEET SEVEN (7) INCHES TO A POINT AT OTHER LAND NOW OR LATE OF JAMES ELLIOTT; THENCE ALONG SAME NORTH EIGHTY SEVEN AND ONE HALF (87 1/2) DEGREES WEST ONE HUNDRED FIFTY (150) FEET TO A POINT ON THE EAST SIDE OF A PRN ATE ALLEY; THENCE ALONG THE EAST SIDE OF SAID PRN ATE ALLEY NORTH TWO AND ONE HALF (2 1/2) DEGREES EAST ONE HUNDRED TWENTY THREE (123) FEET SEVEN (7) INCHES TO A POINT ON LINE OF OTHER LAND NOW OR LATE OF JAMES ELLIOTT; THENCE ALONG THE LATTER SOUTH EIGHTY SEVEN AND ONE HALF (87 1/2) DEGREES EAST ONE HUNDRED FIFTY (150) FEET TO A POINT ON THE WEST SIDE OF SAID PRN ATE ROAD THE PLACE OF BEGINNING CONTAINING EIGHTEEN THOUSAND FIVE HUNDRED EIGHTY ONE AND ONE FOURTH (18,5811/4) SQUARE FEET. BEING THE SAME PROPERTY CONVEYED TO RICHARD FORNEY AN ADULT INDIVIDUAL BY DEED FROM RICHARD FORNEY AND REBECCA FORNEY HUSBAND AND WIFE RECORDED 02/19/2004 IN DEED BOOK 261 PAGE 3649, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA. TAX ID# 46-19-1659-011 Being Parcel # 46-19-1659-011 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Richard Forney, an adult individual, by Deed from Richard Forney and Rebecca Forney, husband and wife, dated 2-12-04, recorded 2-19-04, in Deed Book 261, page 3649. PREMISES BEING: 270 MCALLISTER CHURCH ROAD, CARLISLE, P A 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3735 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, Plaintiff (s) From RICHARD L. FORNEY (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 ofthe 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 himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $81,535.30 L.L. $.50 Interest FROM 9/19/05 TO 3/8106 (pER DIEM - $13.40) - $2,278.00 AND COSTS Atty's Conun % Due Prothy $1.00 Atty Paid $110.00 Other Costs Plaintiff Paid Date: SEPTEMBER 23, 2005 (Seal) Prothonotary . By: Deputy REQUESTING PARTY: Name DANIEL G, SCHMIEG, ESQmRE 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 Real Estate Sale # 29 On December 13,2005 the Sherifflevied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA Known and numbered as 270 McAllister Church Rd., Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 13,2005 BY\.)6ili{ d~ Real Estate Sergeant a = Gi> IW IlZ :[ d 8Z d3S ~OOl ,\ _ iiu", (,' -" GI)i') , .:HPJJHS ':iLjl' <0 c');'j j.:!"'[]:~ -'I ... __, -1.. -1 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 Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth ofPennsy]vania, 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 8] 8 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot.News were established March 4th, ]854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sundayl Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S ALE #29 NOTARY. UBLIC My commission expires June 6, 2006 . ! CUMBERLANDCOUNTYSHE~FSOFnCE CUMBERLAND COUNTY COURTHOUSE CARLISLE,PA.17013 , ' PROOF OF PUBLICATION OF J\OTICE IN CUMBERLAND LAW JOURNAL (Under Act i\o. 587, approved May 16, 1(29), P. 1.1784 STATEOFPENNSYLVANL\ : ss. COUNTY OF CUMBERLAN D : Lisa Marie Coyne, Esquire, Editor of the Cumberlalld 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, J {j52, and designated by the local courts as the official legal periodical for the publication 01' all legal notices, and has, since January 2,1952, been regularly issued weekly in the said County, and that the printed noticc or publication attached hereto is exactly the same as was printcd in the regular editions and issues of the said Cumberland Law Joumal on the following dates. vtz: January 20,27, j'ebruary 3, 2006 Affiant fmiher deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical ,,[' 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 ,'haracter of publication are true. - SWOR 0 AND SUBSCRIBED before me this __Ldayof February. 2006 ~j~)Nf~~d~~Phl ", c..' ',I'".j,..dCr"" f; NOlw,r" '. :;:rnherliu"j< .- --- -. IlIIT'ATB MLI!: lIfO. 39 Wrtt No. 2005-3735 Civil PHH Mortgage Corporation flkla Era Mortgage vs. Richard L. Forney Atty.: Daniel Schmieg DESCRIPTION ALL that certain tract of land with the improvements thereon erected situated in the Township of West Pennsboro in the Village of EllIott- eon, County of Cumberland and Slate at hnneylv8nla more parUeu- Iar bounded and descrlbed as fol. lows to wit BEGINNING at a point on the west slde of thirty (301 foot wide private road at comer of land now or late of James E1l1ott one hundred sixty (160) feet south of a point at the southeastern comer of lot now or la.te of Charles Worley; thence along sald prtvate road South two and one half (2 1/2) degrees West one hundred twenty three (123) feet seven (71 inches to a point at other land now or late of James Elliott; thence along same North eighty seven and one half (87 1/2) degrees West one hundred fifty (150) feet to a point on the east side of a private alley: thence along the east side of said private alley North two and one half (2 1/21 degrees East one hun- dred twenty three (123) feet seven (7) inches to a polnt on line of other land now or late of James Elliott; thence along the latter South eighty seven and one half (87 1/2) degrees East one hundred fifty (t50) feel to a point on the west side of said prt, vate road the place of beginning CONI'AlNING eighteen thousand five hundred eighty one and one fourth (18.581 1/4) square feet. BEING the same property con- veyed to Richard Forney an adult individual by deed from Richard Forney and Rebecca Forney hus- band and wife recorded 02/19/ 2004 in Deed Book 261 Page 3649. in the Office of the Recorder of Deeds of Cumberland County. Penn- sylvania. TAX ID# 46-19. 1659,Oll. Being Parcel # 46-19-1659.011. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Richard Forney. an adult lndIvIduol, by Deed from RIch- ard Forney and Rebecca Forney. husband and wife. dated 2-12-04, recorded 2-19-04. in Deed Book 261, page 3649. PREMISES BEING: 270 McAL- LISTER CHURCH ROAD. CAR- LISLE, PA 17013.