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Home My WebLink About05-3881 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 19]03 (2]5) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0<;- '3 ~8f C: v:f v. CUMBERLAND COUNTY BRIAN L. JOHNSON 300 STUMPSTOWN ROAD MECHAN]CSBURG, PA 17055 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. Vou 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 Jor 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 HtRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORM A nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 Soulh Bedford Street Carlisle, PA 17013 (800)990-9108 Fi\e #: nuns Filc#. [20]78 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2. The name(s) and last known address(es) of the Defendant(s) are: BRIAN L. JOHNSON 300 STUMPSTOWN ROAD MECHANICSBURG, PA 17055 who islare the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 11/03/1997 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1414, Page: 276. By Assignment of Mortgage recorded 6/17/98 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 579, Page 716. 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 04/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. Fikff: 120178 6. The following amounts are due on the mortgage: Principal Balance Interest 03/01/2005 through 07/28/2005 (Per Diem $25. I I) Attorney's Fees Cumulative Late Charges 1110311997 to 07/28/2005 Cost of Suit and Title Search Subtotal $114,560.49 3,766.50 1,250.00 329.35 $ 550.00 $ 120,456.34 Escrow Credit Deficit Subtotal -1,315.35 0.00 $- 1,315.35 TOTAL $ 119,140.99 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 ofIntention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 119,140.99, together with interest from 07/28/2005 at therate of $25.11 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. PHEL~ ~NAN &. SCHMIEG, /!;/"t , . Jt~/)('&2 ,c:; ItlI:(d~M< By: 7s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Fik#: ]20178 07/21/2005 16:21 TEL 7175997794 J CONRAD JJ/D3/91 IMJ.ti U12fl FA! no 312 466. Jo/~S J'.o,.;:. ^CCU>>~C ITtITAII IilOIJ1 ;.~!.~~,\ ;', ;'1l:,}U:R ,-' '\tHl: ,j Dr ~EEI}:S .;1 !!:'UiL;.H:J CCU~IT'1'-f','. '9HlOiI :; Rrl 8 51 -~ . ~ ~ ~D<>O-\ -to'. ~ f-~ I .....'No.~..,f!!;:.:;...oit-... - ;.:..L "y(J(1jt" .. 0 UJan 1;0, nss'2. 7'].. MORTGAGE .'~ TIllS MOOWAG2 (-SMwilJ' 1I:YtI'W*PI.') laP. 0. ~1Waf L. .;lClDS0lIT _n.~iI ~Il':i~d.)."" (ftBDml'WS"). ru'SfQldtr~til aivm 10 ll~C\JlJ.IU1c NO:rt.,~ ~~.t:iOq wJaltl;b.jl~UWil~roadwdlll.le_"t ~ 8U,tlI ~~ n-.. . tAd wka ~i.. :l.~:!7'7 Writ. D:I:., .'(14, '.0. 3m<: 11'0'0.'. n-.U.u.1'-'" "!!15:i, (.~?,JottO\ftr~~\:br!pria~pa1"'""of on. llu<lI;kei! 'l'\rIIDl::y .iQl1t '1'll:~ T'lfD Ji\.Wb'eCl l:l.ft:t" anlJ DQn,OO~.._-'.~ 'Dolb.n(U.S, $ l.28,1~O.OO ). nl. dSIt il bIo;:~ \y B~'. DOtlI ~ "-.... dal* Q Ilu. .!ZocIuity~~,.~p.oov.h lIIO/l;lblY"Y_U1,WittllblluJJdM&."&lOtp.ld.euIiIlII._IlDd~~ ~rUt:. ~1l2' ~ SaiJIlrh)' IutN.--r ICQUu 10 r...-teIr: {.).,.. ftIJIllYIIlMlofcllBotobt...;dJDGlIlby lIID ;NOlO. witla in'-"o MIl sn ~Lt. ~G4ao.nd~lAtbll~ ()) IIIlII~flf.Jl oIIa-.......tlll.imqut, ~""'l*"IMh7\O ~8>lG~ or IbiIIJcQriq Idtv.ao.cdi _ (it) ....~fJt~.~ 1IDlI........1tliI ~lyl..~.IBlIIMNOl1b- r.lhj&pU.IpmIC., lItmQWtl'dIlea~~. Cf*H:-'<<lIlo1Ft:1I:Dl..-Nt",.{,)IlPwiDl J:ltIaiba;lDralJWl:Y.~'1'm ~ CoIIlII1>~lvUDE aU .A~m A ~chbtl:,*,lddJwIor :;100 11rIJIO'8'l'QWl'1ll,(W1o. JllCla/.Nleql",JM. .1leIIarlVOlA '1-"10'3 l'ZIJot_l (~^,Id~'); PENII.yt.'V~~YMAo'RUe ......~~\Q., ..~~ VU"..""_06IMIl._~ih1U ,.,,.. ~.. .'0I141411Cl, 276 .JuI'''~', l11B1111 "''41' ~ -., -" j 1i!l008 /' 07/21/2005 16:21 TEL 7175997794 J CONRAD BXHIl!Hr "AN ALL ~T CBRTAXN trac~ of 1~pd s~~uat. in the Townah~p of Mon~oe, ~.rlana County. pe~8ylv.nia, beiGg mo~e ~~tie~4ar1y bounded and deBer~d A~ follQW9, ~Q wit: aWINNING at 6; stee.~ pin 8e1: .on ~hc 6Cl4t;hwe$l;~rn most: daa.:l.cClt:ed right c){ way ~ine of St~cown .ao2ld (T-S7(11, aaid pin marking t..l:\e cornmQn point of al1:lo1ne.r o~ Lots ft~l ~d 112 on thl!! hereinafter manUoned plan with t.he St1.ltl:pat01lll Road right o~ way; thence e~tandb~g in And dQIlg' IIdd: riS'ht of 1Il.y tbc follow.tgg three courses and clillSta>>c!lIl'lH SOuth tJ.fty-tvo ~e... five mi~t;8S tbre~ sec:01'1da Eairt:. (5 52 QegrecB 5 UJIUt.efli 03 .IBCOIt1Qe. E), for ,iI dj..,t"cm.ec ot two hun.dr~d and DO h~Ch.B feot (200 .00 'fee~) to A steol pin; the"l;l8 cont.inuing along .Gaid: ~ig.ht of ""'-y line .by iUl ~c:: or C'Ur\r1I to the d~ht having a. ralUUB of Oftlll hW'J,~ed t;iftY-lilight:. and. fift.y- nine hUndredt.l\t. feet ns:s. 5~ I feet. a. eh.ord hearing <;If S(l\.tth thirty-six .;mgreu fHty minutes fiftY-liIo6ven seconds :east (s 31; d~ee8 SO minutes 57 see~ds B), for a ehord ~eng~h of aighty~ three,y.nd thiny-:tlve hundredtb,1QI feot. (U.JS e.etl, iU1d ;for a.n ar-e dilllt.anoe of eignty-faur and thirty-feu:r; bun~Qd.th. CU.34: t$et.l to ;J.. at.e-e.l pin; thence cont:l.nuin.s- along said ri~bt of way. 9~t.h twn.~y"one degree. Chirtynsix tl\inU~c8 :f~fty..ctl'),* seeonds Base (S 2:1, <i.grees J6 minutes Sl s4!oorJ:de E). fo~ a dililtanl:!. ot one h\Uldrad fif~y-~wo and .i9h~ h~ndred~hs e.et (~S2.0B fee~) to ~ Bte~l pin at Lot ~13 on ehe he~cLnate.. ment10ned plaQ ot aQbdiviaion: th~oe dep~~ting f~om th~ $tumpRitQWfl Road ~i9h~ /;If way .line aDd extl!lfiQ.iugo 81~9 tot .13, S~uth s~Y-Bi~ ~~es ~~rty-fo~ ~ut~Q t~~ty- ~~ne seoortQa we.t {s 6~ deg~.e8 34 minutes 29 8eo~nd. WI, fo% a dillol;~Cil! of five bun&;ed O;~ and ninety~tht'liJe hundril!.dl;:;h.B feet. (501.73 feat] to a IlItoe.l pin at :Lo~ fill on the h.,re.!.nl:l.fter ~n&ion~Q ~lan of Bub~ivisio~: th~~~e exten~ug along LQt #~~ the 'l;Ql:.ow1ng two i;:QurSI!:S1 anct. diB~~81 No~h :eO\l.r ~eeli:l gix minute~ fifcY-QLx a~conda w.~t (~ t degreea 6 mi~utes 5G B~n6. WI. to~ a distance O~ two ~ndred fitty.fiv~ and seve~ hun~edt~D feet;. (235.(17 feet) 1;:0 a .!IIteel PUl.i thence concinuing N'Q::'t'b 'i;.Mrty~ eeven degr",';s f'J.fty~:f'QI.l~ lI\in-ut.1B8 J::ifty-..vsl:1 aeco~d.8 EAlift (N :n desrees S4 minutes 57 Q6COnda E). for . dis~ance of chxee hUAdred fifty I\nd no 1l1.mdrl!.4.tha t~et t]SO.OD feet) 1;:0 a .tae.l pin *et em tbe Itouthwestern mo~t de4ica.ted rigl'lt cf wa~ liDO of th,q St:.~8t!own 'RQOIId. u:l.d pin ~rking t.he l'lit,ce of flEGIHNrNG. CONnINING 3.3121 aar!;t.8, mo~.. or ],.086, ~nd be'J.n'il ~1IJi..9nat.lIId_a. l.ot #1.2 Or:l "' f1hal plan of 9ubd~1TiBi~ of Monroe M.adolll.ih"prl!ilpared for K1MBA, Inc., l;ly St:..t.ler and. 14h.r. RtSist:.l!q;'lI!!Id E'n91ne!l.;t"s, Ciated Nov~mber 24, 1'86, _nd reCQTded in the Ofl!~e ot ~h~ RQcor~. of Deedm in and tor CUmQ.a.r1.8ft" COllAt-y, P~nn9Yl"Ania. ~1.an SQak 5"3. at: PB!Je .34. '9E1NG the sam~ premi""ee which John M. Devine anQ Je:tl,nifE!!t" L. Devine, hu~blnd and ....ife, g-za!J~Oc1 and conveyed to 2:riaJ't L. Johnson, ~ingle ~rBon. Borrcw~t her~in. 81l1ld41bGt 282 ~;> "f" -;;'j~'~' ,. Ii!1009 07/21/2005 16:22 TEL 7175997794 J CONRAD 17.IU&n 1il11tq; hcvrtl)' ~ IfIlftO Of B\tIJI!I riden..,.., OllCC,,*od 01 BIIIIUWeI' W twInW IapltIfu" with thJ.I; $~I'kf~ t1w.~aa4,,~'l:/ft*hAdJ ridru"AtI. be~JUed intQMXI.IlaIl..-ad.uufwpplomCllt' I" COw...... aDd .-",llII4a cllbi. S!ourity .Mttllllllft( lIoS irtbll ri~}.... p1Lrtaflbw hwn\)'1uIJwzIn. It:3uIr;Jk'llflli~l>oI(Oll)] ~-~.......... GAd-.xl"~ Rider D.UllDIIltid<< VA Rider ~""""""""..._ ~'''F'''~,""" l'I__~~ltI4c, ltill'l!llldyp,.Yftl*Rillllr ""~JUdll' ~~Kid9" Otber(.) &-p.leil'y] e:xMbh ~~ ~ BY SIONINO BELOW, Borrowu ~~ cd apwa 10 t.I&e ~ and ~OV<aaMI ~ UlJtai' Scc>>tity InBlnll_nt IlIUI irI ~1 n&.{ll) ~1I1p;l by Borro\hll" .uxl1eII;l1l~ wltII it. .. W;~""" <3.'_~ --"-_.~ d' /"'-t 8nAH L. o1OHMON " 1',.,) ........ ( .....) ........ (Soo1) -- (5c;aI] ........ Cb'Iifiesl;lcGl'W4tntc I, !J.Atl'lK l'lER.M: lbnwithill..ftQXd Mortpsll'l ~ U3"" Ked..t . do hotdbr GBI1ify lM! Ihe ~l addnm; Df D~.. '60D, P.O. Box eogDa~. ballas. Ta2~B 75251 Wfuuob.myb.llD4lh1a Jrd . ,..,.; . 1<.......--- ""'". .......tNPl\IUI' EY)'flf ".,,,,.,,,.. ~. ELA.UlE PIERRE. CIm.\~~_~..\:_:.,. ". ;Ut7 ,be~_.IM.~~~",,\ "'k.<~;:;';:'J'-~::~;",,\' kn!)WJIIo.. (ar .wilf.~~"~~~p, b8:~!'~ JI<<flllI wboNPIIbIl b S\lblcrib<<llOdI(l....&IIl.itulra_ttnd~~.bJ4 ft'it~....;:.. "" ,:,' t2.~lbelllQlO.fOr!h.~befeIA~ """:~~~~_~/'"l'::'~::.:::' INWI'rne9$WH"ERMP.t~""Tl'f/b"lU:IIloffi~..leeJI, '::~)'.;~' ~\,\<:'. My CaIMt_lIIOn EApinll:: '"'t' II... ~ COMMONWEAl.N OF PENNSYLVANIA. <:ulAbQ~:J.i1nd o.UU;, i!ICl 31:"11 day~r pe~lIy ApPCItOIiII IJR.'OUf L _ UOKRSOM' _r lIinql~ perllon '~ _....U>AI...~,'" 9I'olitrMt.. .....~.-.. eMLIIU!lMQ,~~ ....~......~..flIIOt 1'"_303" ~o 1?0o"'''' B'1lIl14U"~ 281 .. -,-..~---~-~.......- 1ill010 .~t\\e\l A LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Monroe, Cumberland County, Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a steel pin set on the southwesternmost dedicated right-of-way line of Stumpstown Road (1'-570), said pin marking the common point of adjoiner of Lots #1 I and #12 on the hereinafter mentioned plan with the Stumpstown Road right-of-way; thence extending in and along said right-of-way the following three courses and distances: South fifty- two degrees five minutes three seconds East (S 52 degrees 5 minutes 03 seconds E), for a distance of two hundred and no hundredths feet (200.00 feet) to a steel pin; thence continuing along said right-of-way line by an arc or curve to the right having a radius of one hundred fifty-eight and fifty-nine hundredths feet (158.59 feet), a chord bearing of South thirty-six degrees fifty minutes fifty-seven seconds East (S 36 degrees 50 minutes 57 seconds E), for a chord length of eighty-three and thirty-five hundredths feet (83.35 feet), and for an arc distance of eighty-four and thirty-four hundredths (84.34 feet) to a steel pin; thence continuing along said right-of-way, South twenty-one degrees thirty-six minutes fifty-one seconds East (S 21 degrees 36 minutes 51 seconds E),for a distance of one hundred fifty-two and eight hundredths feet (152.08 feet) to a steel pin at Lot # 13 on the hereinafter mentioned plan of subdivision; thence departing from the Stumpstown Road right-of-way line and extending along Lot #13, South sixty-six degrees thirty-four minutes twenty-nine seconds West (S 66 degrees 34 minutes 29 seconds W), for a distance of five hundred one and ninety-three hundredths feet (501.93 feet) to a steel pin at Lot #11 on the hereinafter mentioned plan of subdivision; thence extending along Lot #11 the following two courses and distances: North four degrees six minutes fifty-six seconds West (N 4 degrees 6 minutes 56 seconds W), for a distance of two hundred fifty-five and seven hundredths feet (255.07 feet) to a steel pin; thence continuing North thirty-seven degrees fifty-four minutes fifty-seven seconds East (N 37 degrees 54 minutes 57 seconds E), for a distance of three hundred fifty and no hundredths feet (350.00 feet) to a steel pin set on the southwesternmost dedicated right-ot~way line of the Stumpstown Road, said pin marking the place of BEGINNING. CONTAINING 3.3] 27 acres, more or less, and being designated as Lot #12 on a final plan of subdivision of Monroe Meadows, prepared for Kimba. Inc. by Statler and Lahr, Registered Engineers, dated November 24, 1986, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 53, at page 34. BEING the same premises which Kimba, Inc., by their deed dated December 15, 1992, and recorded in the Cumberland County Recorder of Deeds Office in Deed Book 36-13, Page 20, granted and conveyed unto John M. Devine and Jennifer L. Brubeck. The said John M. Devine and Jennifer L. Brubeck intennanied with each other and are Grantors herein. PROPERTY BEING: 300 STUMPSTOWN ROAD File#: 120]78 VF,RTFWA TTON PAMELA F. SNOOTS, hereby states that helshe is ASST. SECRETARY ofCITIMORTGAGE, INe. mortgage servicing agent for Plaintiff in this matter, that helshe is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. C;?J 4' DATE: 7p~k J PAMELA F. SNOOTS, ASST. SECRETARY . , ~ ~ ~ "- ~ -v -D (::c, r.- ~ ..(:: -z: ~ --\-1 '- ---t) ">4- .... "'''\ '1 'ig ~ ~ C' ( ~ c_ () -"\'1 ::;1 \-'1 ;:,-,) 1..,.;...1 . c-:- ::J ...-::: r0 en SHERIFF'S RETURN - REGULAR CASE NO: 2005-03881 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS JOHNSON BRIAN L ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon JOHNSON BRIAN L the DEFENDANT , at 1825:00 HOURS, on the 16th day of August 2005 at 300 STUMPSTOWN ROAD MECHANICSBURG, PA 17055 by handing to ELOIFE JOHNSON MOTHER 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 8.00 .00 10.00 ,00 36.00 < j2/'-~ .~ R. Thomas Kline 08/17/2005 PHELAN, HALLINAN & SCHMIEG Sworn and Subscribed to before me this ~~ day of Aual151 ~a5 A. D. kl~ By: p ~~-' Deputy Sfieriff ~ - -.. .- PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG Identification No. 62205 One Penn Center at Suburban Station - Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 Attorney for Plaintiff (? 1 ~) ~(i1- 7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, STE. 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v, NO. 05-3881 BRIAN L. JOHNSON 300 STUMPSTOWN ROAD MECHANICSBUn.G, PA 17055 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR F AlLURE TO ANSWFR AND ASSFSSMFNT OF OAMAGFS TO THE OFFICE OF THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against RRJ A N J. .JOHNSON, 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 the Complaint Interest - 7/29/05 to 2/20106 TOTAL $ 119,140.99 $5,172.66 <t 1?4.111 11"" I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. , I DANIEL G. SCHMIE ,ESQUIRE Attorney for Plaintiff_ DAMAGES ARE HEREBY ASSESSED AS INDIC DATE: hb :J I d.iX>b ( ~ .... .- PHELAN, HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Sclnnieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (71" ,1\,-7000 MORTGAGE ELECfRONIC REGISTRATION: COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY BRIAN L. JOHNSON Defendants : NO. 05-3881 TO: BRIAN L, JOHNSON 300 STUMPSTOWN ROAD MECHANICSBURG, PAl 7055 DATE OF NOTICE: SRPTRMRF,R 7 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU W~irr;R ET PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN T RRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A T OL ECT 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 MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT 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 ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 ~4J1~ . FRA CIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff "......., -- SHERIFF'S RETURN - REGULAR - CASE NO: 2005-03881 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI *\ ~D \1~ VS JOHNSON BRIAN L ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon JOHNSON BRIAN L the DEFENDANT , at 1825:00 HOURS, on the 16th day of August 2005 at 300 STUMPS TOWN ROAD MECHANICSBURG, PA 17055 by handing to ELOIFE JOHNSON MOTHER 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 8.00 ,00 10.00 .00 36.00 <~,~~ R. Thomas Kline 08/17/2005 PHELAN, HALLINAN & SCHMIEG Sworn and Subscribed to before By: .1 P ~j//~.L Deputy ~neriff ~ me this day of A.D. Prothonotary PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF Suite 1400 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, STE. 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-3881 BRIAN L. JOHNSON 300 STUMPSTOWN ROAD MECHANICSBURG, PA 17055 Defendant(s). VRRTFTCA nON OF NON-MTT.IT A RY SF,RYTCR 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) islare not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant BRIAN L. JOHNSON is over 18 years of age and resides at 300 STUMPSTOWN ROAD, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. c xJ (:) ~ 1ft ..() ~ ~ \) - \). ~ -- -<:: :U '? (-) r-<" r ~"1 D le (l-- ,>., -'1 '" , < t ~ --., , -71 ~:-1 ~ 0) B f'T'l -' '~"/J ii' QJ ~ ~ :-'.~ - ....... - r---- "i- n, ~.. -. ("'1 ---z. r (n :T1 r " .< " (Rule of Civil Procedure No, 236 - Revised IN THE COURT OF COMMON PLEAS CUMBERLAND PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, STE. 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-3881 BRIAN L. JOHNSON 300 STUMPS TOWN ROAD MECHANICSBURG, PA 17055 Defendant(s). ""'r-:L Notice is given that a Judgment in the above captioned matter has been entered against you on ~_ af ';)/)r>{~ . " ~Q LrV7z/l1JJ1., nEI:uTY If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 This firm is a debt collector attempting to collect a debt. Any information we obtain 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 enforcement of a lien against property. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORT.GAGE.ELEC.TRONIC REGrs.TRATION.SYSTEMS~lNc.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05.,3881 Term 2005..... BRIAN.L..IOHNSON PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) To the Director ofthe Office of the Prothonotary Issue writ of execution in the above matter: Amount Due $124,313_65. Interest from 2/21106 to 617106 Per diem $20.44 Total $2..1-&7..08 $126,500.73 Add'l Costs $2,726.00 ~d~~~~'~ii(~)'''''''''''''''''''''''''''' J Note: Please attach description of Property. q "'1 () ~ ~ P-< 5 ::'8 . ::'81:: 8~ o ()U~ ~~> O~....l u~>-< b3~~ E-<~~ o 2SuP-< Z '" 0. 0. N E E-< ..... co co r'1 ,. vi 0. '- ,-"'- z o - E-< ~ ifJ - c.:? gj ~ ~ E-< U ~ .....l . ~u ~~ c.:? . -<ifJ c.:?::;: ~ ~E-< oifJ ::;:G; ') ->::,~ c'., L'_ ~"".J ~; ..~c.~ \. - ~< <J ~ <J V) '-<:> ';'; ~ "' :> z o ifJ ~ o ...., ....j ~ ~ ~ ~ V) '-.J V', \r\ ~s-,.. f) 41 z o ~ >'-1", X ~ ~ ~ ~ 0 0<:> E-< ~ ~~ ~ '" o bIJ ~15 gi6 u ~ 8 '\:;n --- .~ ,~ ;~ , "" : .~ :,:: : .~ :p: VI i ~ S \ tS Q r-- : 7"><- : e 0-< : 0 "" P-< : t< "". \-< S~~ : ifJOiJ1 :~>/) ~ ~ (j ~ :~~ C'-1'..': ~ 8 ~ : I'Q M::'8 '" '.,'1' A': ( \': - ---- ~ .;,; " - iJ:; ~ (1 -."J. ~ '-,\ ~~ ", u; "' " '" -0 -0 -< ~ ~ 11 -+ .~ J J vJ .(j 1d i'X "- CE (Y) 0", ~ f: - -..J 't& ~ (i () - , " LRr.AL DRSCRTPTION ALL THAT CERTAIN tract of land situate in the Township of Monroe, Cumberland County, Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a steel pin set on the southwesternmost dedicated right-of-way line of Stumpstown Road (T-570), said pin marking the common point of adjoiner of Lots #11 and #12 on the hereinafter mentioned plan with the Stumpstown Road right-of-way; thence extending in and along said right-of- way the following three courses and distances: South fifty-two degrees five minutes three seconds East (S 52 degrees 5 minutes 03 seconds E), for a distance of two hundred and no hundredths feet (200.00 feet) to a steel pin; thence continuing along said right-of-way line by an arc or curve to the right having a radius of one hundred fifty-eight and fifty-nine hundredths feet (158.59 feet), a chord bearing of South thirty-six degrees fifty minutes fifty-seven seconds East (S 36 degrees 50 minutes 57 seconds E), for a chord length of eighty-three and thirty-five hundredths feet (83,35 feet), and for an arc distance of eighty-four and thirty-four hundredths (84.34 feet) to a steel pin; thence continuing along said right- of-way, South twenty-one degrees thirty-six minutes fifty-one seconds East (S 21 degrees 36 minutes 51 seconds E) ,for a distance of one hundred fifty- two and eight hundredths feet (152.08 feet) to a steel pin at Lot #13 on the hereinafter mentioned plan of subdivision; thence departing from the Stumpstown Road right-of-way line and extending along Lot #13, South sixty- six degrees thirty-four minutes twenty-nine seconds West (S 66 degrees 34 minutes 29 seconds W), for a distance of five hundred one and ninety-three hundredths feet (501.93 feet) to a steel pin at Lot #11 on the hereinafter mentioned plan of subdivision; thence extending along Lot #11 the following two courses and distances: North four degrees six minutes fifty-six seconds West (N 4 degrees 6 minutes 56 seconds W), for a distance of two hundred fifty-five and seven hundredths feet (255.07 feet) to a steel pin; thence continuing North thirty-seven degrees fifty-four minutes fifty-seven seconds East (N 37 degrees 54 minutes 57 seconds E), for a distance of three hundred fifty and no hundredths feet (350.00 feet) to a steel pin set on the southwesternmost dedicated right-of-way line of the Stumpstown Road, said pin marking the place of BEGINNING. CONTAINING 3,3127 acres, more or less, and being designated as Lot #12 on a final plan of subdivision of Monroe Meadows, prepared for Kimba, Inc. by Statler and Lahr, Registered Engineers, dated November 24, 1986, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in plan Book 53, at page 34. BEING the same premises which Kimba, Inc" by their deed dated December 15, 1992, and recorded in the Cumberland County Recorder of Deeds Office in Deed Book 36-B, Page 20, granted and conveyed unto John M. Devine and Jennifer L, Brubeck. The said John M. Devine and Jennifer L. Brubeck intermarried with each other and are Grantors herein. TITLE TO SAID PREMISES IS VESTED IN Brian L. Johnson by Deed from John M. Devine and Jennifer L. Devine (formerly Jennifer L. Brubeck), his wife, dated 11-3-97, recorded 11-5-97 in Deed Book 167, page 159. Premises being: 300 STUMPSTOWN ROAD MECHANICSBURG, P A 17055 Tax Parcel No. 22-11-0278-054 PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF Suite 1400 One Penn Center at Suburban Station 1617 John F, Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, STE. 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plain tiff, CIVIL DIVISION v. NO. 05-3881 BRIAN L JOHNSON 300 STUMPS TOWN ROAD MECHANICSBURG, P A 17055 Defendant(s). CFRTTFTrA TTON DANIEL G. SCHMIEG, ESQUIRE, hereby states that he is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA Mortgage ( ) non-owner occupied () vacant (X ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. sec.4904 relating to unsworn falsification to authorities. J' . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3881 Civil CIVIL ACTION -- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Mortgage Electronic Registration Systems, Inc. PlaIntiff (s) From Brian L. Johnson (1) You are directed to levy npon the property of the defendant (s)and to sell see legal description. (2) Yon 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 garnishee(s) that (a) an attaclnnent has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attaclnnent 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 $124,313,65 L.L.$,50 Interest from 2/21/06 to 6/7/06 (per diem $20.44) $2,187,08 Atty's Comm Atty Paid $118.00 Plaintiff Paid Date: February 28, 2006 % Due Prothy $1,00 Other CostsAdd'l Costs $2,726.00 (Seal) /t 19'~~ 7' (>>tp;;. . - . Prothonotary By: Deputy REQUESTING PARTY: Name Daniel G. Schmieg, Esq, Address: One Penn Center at Snburban Station 1617 John f. Kennedy Blvd. Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: (215) 563-7000 Supreme Court ID No. 62205 , MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, STE. 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-3881 BRIAN L. JOHNSON 300 STUMPS TOWN ROAD MECHANICSBURG, PA 17055 Defendant(s), AFFIDAVIT PURSUANT TO RULE 3129 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 300 STUMPSTOWN ROAD, MECHANICSBURG, PA 17055. 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) BRIAN L. JOHNSON 300 STUMPSTOWN ROAD MECHANICSBURG, PA 17055 2. Name and address ofDefendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as Above 3. Name and 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 so indicate.) COMMERCE BANK, NA 1701 RT. 70 E. CHERRY HILL, NJ 08034 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so 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 so 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 so indicate.) None 7. Name and address of every other person 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 so indicate.) TENANT/OCCUPANT 300 STUMPS TOWN ROAD MECHANICSBURG, PA 17055 DOMESTIC RELATIONS CUMBERLAND COUNTY 13 NORTH HANOVER STREET CARLISLE, P A 17013 COMMONWEAL TH OF PENNSYL VANIA DEPARTMENT FO WELFARE P.O. BOX 2675 HARRISBURG, PA 17105 I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. '4904 relating to unsworn falsification to authorities. Fehmm'y 77 7001i Date vvu..., DANIEL G. SCHM G, ESQUIRE Attorney for Plainti ...,,::1 c; ~; c:: c' MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, STE. 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-3881 BRIAN L. JOHNSON 300 STUMPSTOWN ROAD MECHANICSBURG, PA 17055 Defendant(s). Please be advised that this firm is a debt collector attempting to collect a debt. Any information received win 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. NOTTCE OF SHERIFF'S SAI ,F, OF RF,AI, PROPERTV TO: BRIAN L. JOHNSON 300 STUMPS TOWN ROAD MECHANICSBURG, PA 17055 Your house (real estate) at ~OO STllMPSTOWN ROAn, MFCHANICSRlTRC-, PA 170""" is scheduled to be sold at the Sheriff's Sale on .Tllne 7, 200li, at 10:00 a.m. in the CUMBERLAND County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $124,]1~ 6" obtained by MORTC-AC-E F,I,FCTRONW REC-ISTRATTON SVSTFMS, 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., 3129.3. NOTICR OF OWNRR'S RIC-HTS VOl J M A V RF ART F Tn PRFVFNT THIS SHFRTFF'S SA T F To prevent this Sheriff's Sale, you must take immediate adinn: 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: (21'\) "6]-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.) VOlT MAV !'>TlU, RF ARI,F, TO !'>AVF, VOlTR PROPF,RTV ANn VOl) HAVR OTHFR RTr.HTS RVFN TF THR SHRRTFF'!'> SAI,R nOF!'> TAKF PI,Af'K 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (?1~) ~1\1-7000 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 Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) ?40-1\190. 4. Ifthe 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the Sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. Lawyer Referral Service: Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 (800) 990-9108 LFr.AT nFSc.RTPTTON ALL THAT CERTAIN tract of land situate in the Township of Monroe, Cumberland County, Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a steel pin set on the southwesternmost dedicated right-of-way line of Stumpstown Road (T-570), said pin marking the common point of adjoiner of Lots #11 and #12 on the hereinafter mentioned plan with the Stumpstown Road right-of-way; thence extending in and along said right-of- way the following three courses and distances: South fifty-two degrees five minutes three seconds East (S 52 degrees 5 minutes 03 seconds E), for a distance of two hundred and no hundredths feet (200.00 feet) to a steel pin; thence continuing along said right-of-way line by an arc or curve to the right having a radius of one hundred fifty-eight and fifty-nine hundredths feet (158.59 feet), a chord bearing of South thirty-six degrees fifty minutes fifty-seven seconds East (S 36 degrees 50 minutes 57 seconds E), for a chord length of eighty-three and thirty-five hundredths feet (83.35 feet), and for an arc distance of eighty-four and thirty-four hundredths (84.34 feet) to a steel pin; thence continuing along said right- of-way, South twenty-one degrees thirty-six minutes fifty-one seconds East (S 21 degrees 36 minutes 51 seconds E) ,for a distance of one hundred fifty- two and eight hundredths feet (152,08 feet) to a steel pin at Lot #13 on the hereinafter mentioned plan of subdivision; thence departing from the Stumpstown Road right-of-way line and extending along Lot #13, South sixty- six degrees thirty-four minutes twenty-nine seconds West (S 66 degrees 34 minutes 29 seconds W), for a distance of five hundred one and ninety-three hundredths feet (501.93 feet) to a steel pin at Lot #11 on the hereinafter mentioned plan of subdivision; thence extending along Lot #11 the following two courses and distances: North four degrees six minutes fifty-six seconds West (N 4 degrees 6 minutes 56 seconds W), for a distance of two hundred fifty-five and seven hundredths feet (255.07 feet) to a steel pin; thence continuing North thirty-seven degrees fifty-four minutes fifty-seven seconds East (N 37 degrees 54 minutes 57 seconds E), for a distance of three hundred fifty and no hundredths feet (350.00 feet) to a steel pin set on the southwesternmost dedicated right-of-way line of the Stumpstown Road, said pin marking the place of BEGINNING, CONTAINING 3.3127 acres, more or less, and being designated as Lot #12 on a final plan of subdivision of Monroe Meadows, prepared for Kimba. Inc. by Statler and Lahr, Registered Engineers, dated November 24, 1986, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, pennsylvania, in Plan Book 53, at page 34. BEING the same premises which Kimba, Inc., by their deed dated December 15, 1992, and recorded in the Cumberland County Recorder of Deeds Office in Deed Book 36-B, Page 20, granted and conveyed unto John M. Devine and Jennifer L. Brubeck. The said John M. Devine and Jennifer L, Brubeck intermarried with each other and are Grantors herein. TITLE TO SAID PREMISES IS VESTED IN Brian L. Johnson by Deed from John M. Devine and Jennifer L. Devine (formerly Jennifer L. Brubeck), his wife, dated 11-3-97, recorded 11-5-97 in Deed Book 167, page 159. Premises being: 300 STUMPSTOWN ROAD MECHANICSBURG, P A 17055 Tax Parcel No. 22-11-0278-054 r-~ \"i ~-., r'~ :. z. r. PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. !.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Brian L. Johnson No. 05-3881 Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: I. Plaintiff commenced this foreclosure action by filing a Complaint on July 29, 2005, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on February 21,2006 in the amount of $124,313.65. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. A Sheriffs Sale of the mortgaged property at 300 Stumpstown Road, Mechanicsburg, PA 17055, (hereinafter the "Property") was postponed or stayed for the following reasons: a.) The Defendant filed a Chapter 13 Banlauptcy at docket number 1-05-06458 on September 21, 2005. The Plaintiff obtained relief from the banlauptcy stay by order of the court dated February 1, 2006. A true and correct copy of the Relief Order is attached hereto, made part hereof; and marked as Exhibit "C". 4. The Property is listed for Sheriffs Sale on June 7, 2006. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Addil10nal sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through June 7, 2006 Per Diem $25.10 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/Broker's Price Opinion Mortgage Insurance Premium! Private Mortgage Insurance Non-Sufficient Funds Suspense/Misc. Credits Escrow Deficit $114,560.49 11,606.75 799.85 1,225.00 1,336.00 1,500.00 194.00 95.00 333.44 0.00 0.00 2,75567 TOTAL $134,406,20 6. The judgment formerly entered is insufficient to satisfY the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the Judgment as requested. Phelan Hallinan & Schmieg, LLP Date: By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Peml Center, Suite 1400 1617 lohnF. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Brian 1. Johnson No. 05-3881 Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES l. BACKGROUND OF CASE Defendant executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiff's Note was secured by a Mortgage on the Property located at 300 Stumpstown Road, Mechanicsburg, PA 17055. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period oftime between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current mterest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II, INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. Ill, TAXES AND INSURANCE If Plaintiff had not advanced momes for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. IV. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of tI ve percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). The provision of the Mortgage which allows the Plaintiff to recover attorney's fees in the instant action is highlighted for the court's reference. In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. V. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satis/ied. 20 P.L.E., Judb'l11ents Ii 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958), Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117,282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change trom day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment rellect those amounts expended by the Plaintiff in protectmg the property. Meco Reality Company v. Bums, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that ifit goes to sale WIthout the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a signilicant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately rellect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee suflicient sums to pay monthly mortgage insurance premiums, lire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust tinanciallosses on this loan. VI, CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included In the jud6'111ent. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. PlaintIff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE:~ By: Phela Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE] 400 PHILADELPHIA, PA ]9103 (2] 5) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 820] GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 A TIORNEY FOR PLAINTIFF \ COURT OF COMMON PLEAS o c_ r-' 0 c:::~ -n "'" .:..f"' c- ~- , CIVIL DIVISION v. TERM NO. C))- '3lri '" ...0 Plaintiff BRIAN L. JOHNSON 300 STIJMPSTOWN ROAD MECHANICSBURG, PA 17055 - CUMBERLAND COUNTY" <? '?~ 1"-'> ~.:.. (..fi Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE iiITORNEY FilE COPY You have been sued in court. If you wish to defend against the c1aim~iI61ilIBio:V;;;g 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 P MER 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 INFORM A nON ABOUT HIRING A LA WYER. IF YOU CANNOT AffORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITHINFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELlGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ~ b\~-ro~1~~1~1\; ';.;~,.;FI~~,f,~ rn:.' Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 ;~. ~'hl~ ;'1 ,-,' Fik tI 120178 ..,-:" .:;:.,~ .-:;.. PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUItE] 400 PHILADELPHIA, PA 19103 [2] 5) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 A TIORNEY FOR PLAINTIFF COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION TERM v. NO. CUMBERLAND COUNTY BRIAN L. JOHNSON 300 STUMPSTOWN ROAD MECHANICSBURG, P A ] 7055 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 wri!ten appearance personally or by a!torney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PAl 70 13 (800)990-9108 vv,e hereby certIfy th.... Within t b " c 0 e a true and or~ect copy of th IClgln I f'l e . " a i ed of record File II: 120178 File #. 120178 IF TIllS IS THE FffiST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IS U.s.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT llNTIL WE MAIL THE REQUESTED INFORMATION TO YOll. YOll SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS]N THIS SUIT. ]F YOU HAVE FILED BANKRUPTCY AND RECE]VED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT]S AN ACT]ON TO ENFORCE A LIEN ON REAL ESTATE. I. Plaintiff is MORTGAGE ELECTRONlC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2. The name(s) and last known address(es) of the Defendant(s) are: BRIAN L. JOHNSON 300 STUMPSTOWN ROAD MECHANlCSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On I] /031l997 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 14] 4, Page: 276. By Assignment of Mortgage recorded 61l7/98 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 579, Page 716. 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 04/0] /2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File # 120178 6. The following amounts are due on the mortgage: Principal Balance Interest 03/0 I /2005 through 07/28/2005 (Per Diem $25.11) Attorney's Fees Cumulative Late Charges 11/03/1997 to 07/28/2005 Cost of Suit and Title Search Subtotal $114,560.49 3,766.50 1,250.00 329.35 $ 550.00 $ 120,456.34 Escrow Credit Deficit Subtotal -],315.35 0.00 $- 1.315.35 TOTAL $ I 19,140.99 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ I 19,] 40.99, together with interest from 07/28/2005 at the rate of$25. I I 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. ny: AN &,SC:~)~M(' s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File II: 120178 Oi/21i2005 16:21 TEL ili599ii94 J CONRAD :'il4iB\T Iu 11/U/01 IIlJH 11u& you no 3H fie. ,]()/.5 J4,.;~ ACCI/A.tJlC JTCITAlJ \lI", :.~_!-~ ;:,l" ;'. ::1~"1l!:!t ;., .\t;1I::1 or ;lEE!).!; ,:1 !.';'UiL:,H:J (;CU~ln-f':. '9" tl~~ 5 Al'I 8 51 -~ .~ I,~' 7itr~~.. '1-'f-~ I __'_~..:..""""'- ~61(S71~JJ. - 0 LeAD tp! :Uf5s2:1( """/1-- MORTGAGE ,'~ nns MQlTO,a..GJ;!:{",~~')"P.o. a~ 1" VQ3ld0lll ~c l~d, ).", . -n...... i10 nHlJlll"lWll'~). T1U1~rll)'~ilar-1o ACc:ua.m: ~g.p CO~.tiOd wfaSc!lj.~&Illl~.--"'Illoo""'pJ ~ tub> t:lt ~ .tAd~ oIdd.-i11 U377 Ife:r:tr, Pt-_. .'00. '.0, Box Go!aa" I>all.... ra:lCll_ '7'351 ("l.tIodot1-~o-.~lbbpdDcl""_r1l an. Ifw>6:ltM ~Dey Si~ ~ ':f'VC) HUlId:qcJ P!tt;y &Del pl;1/:1.00~u---.. Donap(U.s. $ 1:111,21;0.0. ). nb drill b: lWid~ by lJanoolottW'. *"-...... _... ddt '" ILl- ~~~".~..-idcte-"" lIXlblblypt}'dRm",.wittr.!:s.WIi~ifDOtp.ld__.__~_ ~r1.t. iron . tl.i.Scwthy~~IOI.amdlr. t-)"tIIJ'Il1IDIIllvllbto"~'b,-daDNote. wia:m.--'illDda.U~ ~0lUI tmI t1\Odjfi"tP' oltbllNc>te; (b) tb..~el'" otL.r.-. ~~ a4Wi11Oad....,.J*nfnpb 110 ~ ~_wm of.m.~~.. OO"~ oI~.~ 1WI......'GIld.lrnu. S.lIrilJ' J~__NOIfL I'otlhi-~ ~~~"""'.ItW""'c:anol:)' to LcclcIlw-lbofbllPwilra ~~~~~IiJIaA foDIQRt.QD ~.,.,tnalia: ~}wllbelddn:raor .hlllll)'lv.Qia l.,tl~., ~~~~~~a$O t:\--*I'iV,IU/H,...... ~~' _~__._J'<ll"".. ....,... IoItIk 300 11n*P8'1O!ftf 1tClMl'. JiCIOIAmCQUM.. lo,e_J ('~Addma'): IJIIIo...~I, 8DOl:14U~ 276 IIIRIIII ---- ~\ ) " , , ./ 141008 Oi/21/2005 16:21 TEL i1i599ii94 J CONRAD EXHIBIT llA- ALL 'l'l-Dlr OIRTAlN tra.~t. of l~Dd ah~at:. in the To-wnship of l"ttm;r;oe, CWl\l).rland Couoty, Pe:rmsyl,,",oiB, be!ug mo-x. p-a.:J;t1e-Alarly bound~ and described 60 followB, lQ vit: .9SOIImIW at a. steel. pin lIet. on tl)c SOUt.bwe"'-9rD II&OSt: deitic:atl!>d right: o-t: way lipe Qf numpetovn R01ad (T-~70). Baid pin marking t.Wit CClfIDOn point of adjoln':-% 01: liota tn and 11~ 011 t.he her.einafter lllBJlUoned p~an "ith the S~t01m Roiild rigbt D~ way; ~~ ext:andJ.~ in and along ...;lel d~t of Iray the fol1owu.g t-hre.1:- cours~fIl and (\1atanc.IlH SOgth .U.fty-t,1JfQ ~O. fiv. miDutea tbre. secondo EaJrt: (s 52 de~Q. 5 1\\im1t.-e.. 03 h~ E). 1!or... dj..~c- of two ~ed and DO ~th8 fe.tt (200.00 feet.) to!L gte,l)i pin; thetw9 contiDuing .long lIa..1d "",ight of "".Y lilt-8 by AA ~4:: or (;Ur'#. to the dgbt hlivin9 a rAdius of on. ~ed tifty-lIilight. and fifty~ nine hundredth8 feet (::\.58.S:!t) feet:. a. chord baa.d.ng Qf 90llth tbi=t"'tY-BU degreeOl fHe)'" minutes fifty-BeYel1 set!onds BaHt (S :1' degrsAB 50 minUt~8 ~7 secocdo E), for a ~hord length of eighty. r.hree and thiny-:the hunclredtba f~ot. HH.3S het). aD() tor an arc dbtanoe of @ighty-faut" iUld tbJrty-fou.r hund,t-edt:h. (81~3. t09t.} to <}_ 9t.@.~l pin; tbe11c-e uont:1nuiDg' aloll9 DUd. right of WAY, SQQth t~nt;y-one (iegreeti thirtywyu tU.pu~~a fift.y~Ol).. ge~0Dds BRat: Is 21, degrees 36 dlJutBS 51 seool3de B). fOl: a di,gtan/!C. of o-ne. ~ tiflty-t~o and .ight hUD<lredths E..t; (1S2. OS feet.) t.D " steel pin at LOt #13 on tQB be~~inat~.. mBntion~Q pl~ 01 ~qbdiv~.iob; ~hence de.P3~ting :e"oo the StWllP.ot()lall1 Road :l;'i9h~ of vll.y lin'!!! ;;md ~t.enc;t;i.ng 910b9 Lot 513. Sout.h 8!%tY-9~ dsgr~e6 t.h!rty-f~ur ~t~o ~~ty- n~ne seconds We.e (s G~ deg:J:*DD ~. aiDbt0s 2~ seoonds Nt, for a diat-:;l.Jlce of tiV'l: bUndx-ed one: and Dinet;y~th~Qi!. tumdr1!.-a.~bB feet {SOl.,3 feot:) to a "teel pin at. LeI": '11 on the b.:l;re~fter .ntlon...d plan of eub4;\'vieiol1; t.hence extencUus- alOllg Lot '11 the tollovil'lg two CQ\lrse.. aJ]d diBt:~BI tforth fo\\X" ~~&""$ six minut~$ iifty-~~ seconds ~.B~ (~ 4 degreea 6 m1AU~es 56 ~~ ",. for a diseance o( two ~~4 fitty-fivc and seve>> ~ed~hs feet (255.07 feet) to B .IIr:4tel p-Ul. ~honce CQDti~'\ling Wo;;lnh ~hir-tyw geVfln degx-,g". f1.fty~lou. minut8B fifty-.evBD 'U~COQdB E;:t./iIt (V 3'1 dewee-B S4. min~tge 5'1 IIJBConda B), t.or _ dja~.ance of th:J:ee hl1Ddr~ finy l\nd no h1mdre.dtbs teet (350. on :r;:1Ii!I6t,) t.c a In;pel pin _at On the .Cloutbwestf!lrn 1IlO!iJt. dedicat.ed. :d.ght of ....'Y line of t'he S~U.\UpBt-.own RQ...d, 8..id pin ~:tking the plil-Ce ct flEGINNl'NQ. CONTIUNING 3.3127 a~.. moa or less, and br-ing ~.i.9JM.ted_a.:Lot. n.~ Cd. 1\ {:l.n.&l, plan of subdtvlalOQ of' MoDro& .....00-.. ,prttIPilr'8d tor KIMBA, Inc.. :by SI":.tler ~ LaM. ~!;Jist~.red :Eng1nE'lfl;l;liI. dotted November 24, 1~86, and reCorded in tbe Oft!08 at ~be RQc~~ 01 Deeaa in an~ to:t cumbGr2and Co~ty, p~8Yl~~a, Plal'l 900k 53. at' P8!Jotl 34. ~El:NG tbB BBl'/IC prelJli88B which JOhn M'. .DeVine 8..l'1d J~ifer L_ De-vine. hutll);uul and "if@, I]ZGDtcO an~ conveYed t'o Brian L. Johnaon. ",ingle per-eon. ao~"'et' herC'in. eod4i4rlCl. 282 '~!> t'l- ~ ~P""~ ~009 Oi/21/2005 16:22 TEL i17599ii94 J CONRAD 2:7...dtn,.tItiJ~~ IfDMOf~ridMlI&fl!l0l.~by~1IIIlCt1UWlJed~'Wi\bdlbo ~ 1DItr.-r. _OIMItaIdIw..____ or... --........u "'~ WOMd lIIalIa....-l and E"J'P1meAt IN ~_.,-.... .'lbi.Sl'Ourily ~_irdlll ridar(J) ~.JlUIof..itSwun'l, hnllN.-K. 1000000IJlPlif:llbk,kc(0II)J ~^"_........... Gnd..mdh~ :R.idcr ............. VA Rid<< ~r~~....... ~'''F_,""" l'S.-d thdl ~ JUdtt .i.......' hylDlM RJdmr "'1'T' ~IJI.Ww !aooDdHClAlD'" Otber(.)""""J E..~:lbh -11."' BY SIGNING BELOW~ BQnowu ~ _QnIII k)Ule~-' ~~ ~ s.cw;ty llXllnl~ and IIlAD)'r:iJ.rr{.)~byBottt>wR-&lldRllXlfdedwlcbiL " w_ 'h.' ~ /Wd'/"--o lJUAlt L,~ " (Sool) ,- ( (...., "'""- ($<>I) - """, ,-, Cn1ifitRk orR.rMdmtr I. "Wtl'l! PIERRE fhawidlip-D.wcdMDJtpJ...u. tun Ikd~ D~.. .40 btnbr liIOItir, ~ "'0 t:Otl'CCI.wn:a rI 'loOD, P_O. Ill)X 809089, fIall.u, Tl!l2U 152.1J 'fV~my~OW Jn2 . t'j'~ it-------- CUlStK ...,of _r ~. ELA:tJq: flDlli:. ""......N~ COMMONwEAl.m 0' PENN$VI,.V.\NJA. CUlllberb.J\4 ~~-~-I:-~~' -.. un .~_.Ibe,~is-qj~~'..\ :t>~.-:~;:;.:JJC,:--;",:'1 ......-:',., ,., -'I<>_(~ .......ail~'tlll-p....t.\ .~, ~ wbotDlt&mD i. ~~ID_'9ilblJlillllbD_IMdItb6wledp:ldW ~-e.::.."':.." ," /! u.pt"tIldfhr,...f'XU.pIl~kn::bt~ .~.trr:"~_"'ry':'__::-"~"_~' JNWrrne>>WHEREOP.lkommu.IIlYhtod-'offiniU~ .-:-~J:---. '>,:\<:'-, M,Co~IU.pU-: ,.; ....:,.,.PII<<: o.llaQ..lJIo; ;)~d cttyOf penooaItyappeaMIJJl.'i'JU'I L_;1tlNRSOlI' _r eing1.e: p&raon -~ <mt.....AI....~1 9l0~1.......__1UbI ~--.~...". M'I"~__~.~ F_~~ -.." 9""'14HftCI; 281 !alOI0 ~'r\\B\1 ~ LEGAL DESCRIPTION ALL THAT CERTAIN tract ofland situate in the Township of Monroe, Cumberland County, Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a steel pin set on the southwestemmost dedicated right-of-way line of Stumps town Road (T-570), said pin marking the common point of adjoiner of Lots # II and # 12 on the hereinafter mentioned plan with the Stumpstown Road right-of-way; thence extending in and along said right-of-way the following three courses and distances: South fifty- two degrees five minutes three seconds East (S 52 degrees 5 minutes 03 seconds E), for a distance of two hundred and no hundredths feet (200,00 feet) to a steel pin; thence continuing along said right-of-way line by an arc or curve to the right having a radius of one hundred fifty-eight and fifty-nine hundredths feet (158.59 feet), a chord bearing of South thirty-six degrees fifty minutes fifty-seven seconds East (S 36 degrees 50 minutes 57 seconds E), for a chord length of eighty-three and thirty-five hundredths feet (83.35 feet), and for an arc distance of eighty-four and thirty-four hundredths (84,34 feet) to a steel pin; thence continuing along said right-of-way, South twenty-one degrees thirty-six minutes fifty-one seconds East (S 21 degrees 36 minutes 51 seconds E),for a distance of one hundred fifty-two and eight hundredths feet (152,08 feet) to a steel pin at Lot #13 on the hereinafter mentioned plan of subdivision; thence departing from the Stumpstown Road right-of-way line and extending along Lot #13, South sixty-six degrees thirty-four minutes twenty-nine seconds West (S 66 degrees 34 minutes 29 seconds W), for a distance of five hundred one and ninety-three hundredths feet (501,93 feet) to a steel pin at Lot #1 I on the hereinafter mentioned plan of subdivision; thence extending along Lot #11 the following two courses and distances: North four degrees six minutes fifty-six seconds West (N 4 degrees 6 minutes 56 seconds W), for a distance of two hundred fifty-five and seven hundredths feet (255,07 feet) to a steel pin; thence continuing North thirty-seven degrees fifty-four minutes fifty-seven seconds East (N 37 degrees 54 minutes 57 seconds E), for a distance ofthrec hundred fifty and no hundredths feet (350,00 feet) to a steel pin set on the southwestemmost dedicated right-of-way line of the Stumpstown Road, said pin marking the place of BEGINNING, CONTAINING 3.3127 acres, more or less, and being designated as Lot #12 on a final plan of subdivision of Monroe Meadows, prepared for Kimba, Inc, by Statler and Lahr, Registered Engineers, dated November 24, 1986, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 53, at page 34, BEING the same premises which Kimba, Inc" by their deed dated December 15, 1992, and recorded in the Cumberland County Recorder of Deeds Office in Deed Book 36-B, Page 20, granted and conveyed unto John M, Devine and Jennifer L. Brubeck, The said John M, Devine and Jennifer L. Brubeck intermarried with each othcr and are Grantors herein, PROPERTY BEING: 300 STUMPSTOWN ROAD File#: 120178 VF,RTFTrA T10N PAMELA F, SNOOTS, hereby states that he/she is ASST. SECRETARY ofCITIMORTGAGE, INe. mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his /her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa, C,S, See, 4904 relating to unsworn falsification to authorities, 0", PAMELA F, SNOOTS, ASST, SECRETARY DATE: ~~~ /~ / Exhibit "B" PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G, SCHMIEG Identification No, 62205 One Penn Center at Suburban Station - Suite 1400 1617 John F, Kennedy Boulevard Philadelphia, PA 19103-1814 Attorney for Plaintiff (71~) ~lli-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, STE. 3S0 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION (') f; -;-1' ~}-' (: v. NO. OS-3881 BRIAN L. JOHNSON 300 STUMPSTOWN ROAD MECHAN]CSBURG, PA 170SS '=,'1 Defendant(s). , ,. (,-:c . ;EiJ :;~,.[-, ,,-y'j-:.:J f... , " '~ ' "':i" ,\.~~\~i1(\ tt'? f'l.l I,~""..-("' "..."I;,:"f Ul I-I..f"V.J.'" '-<, W PRAECIPE FOR IN REM JUDGMENT FOR F AlLURE TO ANSWFR ANn ASSFSSMFNTOF DAMAGFS TO THE OFFICE OF THE PROTHONOTARY: . ~ '" '= = C~ o .,., :;:J ni" r- -T/ln ~J]c,J ~ \.L ,}~ c-srn -'-! .~ -< ~ ,." co N Kindly enter an in rem judgment in favor of the Plaintiff and against RRTAN], .JOHNSON, 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 the Cornplaint Interest - 7/29/05 to 2/20/06 TOTAL $ 119,140,99 $5,172.66 ~ 1?.d 11':\ fl'\ I hereby certifY that (I) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached" ,ESQUIRE DAMAGES ARE HE"'.Y ASSESSED AS INDICnD. . k> '::<!!.. DATE:~P~~:),I ';U)6L Is/ A~) . (T ( PRd PROTHY <-..- 277 Exhibit "c" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Brian L. Johnson CHAPTER 13 Debtor Mortgage Electronic Registration Systems, Inc, Movant NO,l 05-bk.06456 MDF v, Brian L. Johnson and Charles J Dehart, III, Trustee Respondent ORDER Upon consideration of the Stipulation by and between Phelan Hallinan & Schmieg, LLP, counsel for the Movant, Mortgage Electronic Registration Systems, Inc., and James M. Bach, Esquire, counsel for the Debtor, IT IS HEREBY: ORDERED that the foregoing Stipulation is hereby approved, shall be, and is hereby made an Order of this Court; and it is further ORDERED that the Automatic Stay of all proceedings, as provided under ~362 of the Bankruptcy Code 11 U,S,C. ~362 is modified with respect to premises 300 STUMPSTOWN ROAD, MECHANICS BURG, PA 17055, as more fully set forth in the legai description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal Of consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 4001 (a)(3) is not applicable and Mortgage Electronic Registration Systems, Inc, may immediately enforce and implement this Order granting relief from the Automatic Stay, By tIlt Comt, ~~fi~~ ThiS electrOniC order is Signed and filed on the same date, Dated: February 1, 2006 VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for I'laintiffin this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 I'a, e.S, ;')4904 relating to unsworn falsification to authorities, , DATE:~ Phelan ieg, LLP By: Michele M, r dford, Esquire Attorney for Plaintiff r'.. .~ () -'11 ,0 ,~ I I ~-n '.... PHELAN HALLINAN & SCHMIEG, LLP by: Michele M, Bradford, Esquire Atty, I.D, No, 69849 One Penn Center, Suite 1400 1617 John F, Kennedy Boulevard Philadelphia, PA 19]03-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc, ATTORNEY FORPLAINTITF Court of Common Pleas Plaintiff Civil Division vs, Cumberland County Brian L. Johnson No, 05-3881 Defendant CERTIFICATION OF SERVICE [ hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages and Brief in Support thereof were sent to the following individual on the date indicated below, Brian L. Johnson 300 Stumpstown Road Mechanicsburg, P A 17055 DATE: tf { r{O& By: Michele M, ra ford, Esquire Attorney for Plaintiff ( , -" " n 'l~ Mortgage Electronic Registration Systems, Inc, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v, Brian L. Johnson Defendant 05-3881 CIVIL ORDER OF COURT AND NOW, this 12th day of April, 2006, upon consideration of the foregoing petition, IT IS HEREBY ORDERED AND DIRECTED that: 1, A rule is issued upon the defendant to show cause why the plaintiff is nol entitled to the relief requested; 2, The defendant will file an answer to this petition on or before May 2, 2006; 3, A copy of said answer will be filed with this Court; 4, The petition shall be decided under Pa,R.C,P, No, 206,7; 5, If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing shall be held on the 10th day of May, 2006, at 1 :30 p,m, in Courtroom No, 5 of the Cumberland County Courthouse, If no answer to the Rule to Show cause is filed by the required date, the relief request by Plaintiff shall be granted, By the Court, fie.! /1Il I H...\1 ifl4n q 5c:.\\fI\\e~ u.(> Michele M, Bradford, Esquire Attorney for Plaintiff/Petitioner Alan L. Johnson, Esquire Defendant M, L, Ebert, Jr" bas \ ~\)~ C)~V .., \' \ L. , r ~ .... AFFIDAVIT OF SERVICE JMG/paw PLAINTIFF MORTGAGE ELECfRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND County No. 05-3881 Our File #: 120178 DEFENDANT(S) BRIAN L. JOHNSON Please serve upon: BRIAN L. JOHNSON Type of Ac:tion - Notice of Sheriff's Sale SERVE AT: 300 STUMPSTOWN ROAD MECHANICSBURG, PA 17055 SERVED Sale Date: June 7,2006 Served and made known to _R r;" r1 ~o ht'\ 5 () r\ , Defendant, on the 2oo~atr-:Lj;) ,0'c1ockf.,m,at 300 SflJr11p-'\fowl1 ,J (5 J..J.. day of fVl arch (Y1~("t'\ 1'( S bJ rJ fR. I7rY;,), Commonwealth of Pennsylvania, in the manner described below: lY Defendant personally served Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Oerk 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. Other: Description: Age ~ Height..L..i!!. Weight J......:2d.. Race --l,..:>L Sex....h1- Other I, Jc~ PI II - \' J a competent adult, being duly sworn according to law, depose and state that I personally banded a true and correct copy of the NI\t1re I\f~heriff'!l ~ale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I 200--. at o'clock _m, Defendant NOT FOUND because: - Moved _ Unknown _ No Answer 1 st attempt Date: Time: attempt Date: Time: Other: _ Vacant ,2nd attempt Date: Time: .3rd Sworn to and subscribed before me this day of , 200_. Notary: By: Attorn~ (or Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 \ ,," ".......... ... () ~ ~ c,; ~ :!S.: dj.U;J ~ ~::o r~, <C_ ,::/,', -< <(~- En - 15? '1""... - ::-;;:"'-., 90 ~(:; ~ j!.,.., ~';'c' '?5 ;;: (-; 2 J:i>.r': ~ om ~ g ~ I'\) -l:- -<: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Mortgage Electronic Registration Systems, lnc, Court of Common Pleas Plaintiff Civil Division vs, Cumberland County Brian L. Johnson No, 05-3881 Defendant ORDER AND NOW, this \~,~ day of~, 2006 the Prothonotary is ORDERED to amend the judgment in this case as follows: Principal Balance Interest Through June 7, 2006 Per Diem $25,10 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/Broker's Price Opinion Mortgage Insurance Premium! Private Mortgage Insurance Non-Sufficient Funds Charge Suspense/Misc, Credits Escrow Deficit $114,560.49 11,606,75 799,85 ],225,00 1,336,00 1,500,00 194,00 95,00 333.44 0,00 0,00 2,755,67 TOTAL $134,406.20 Plus interest from June 7, 2006 through the date of sale at six percent per annum, Note: The above figure is not a payoff quote, Sheriffs commission is not included in the above figure, BY THE COURT ,-L~~ 120178 VlN\I/\lASNN3d AlNno'J fl! V!'jj8V'lno 0'1 :9 ~I\I II J.VW 900l AlN10NGHlOdd 3H! :JO 30LHO-{I31I:! . PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F, Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs, Cumberland County Brian L. Johnson Defendant( s) No, 05-3881 PRAECIPE TO THE PROTHONOTARY: Please mark the above referenced case Discontinued and Ended without prejudice. _Please mark the above referenced case Settled, Discontinued and Ended, x: Please mark Judgments satisfied and the Action settled, discontinued and . ended. x Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: ?6j;y6~- 9z&lcY-f' J;~ Francis S. Hallinan, Esquire Attorney for Plaintiff PHS # 120178 o S'"-~ .~ - i"l ,..., c;-::'l t~::_~) v..... C) --n t'v o 1" C:' Mortgage Electronic Registration Systems, Inc. VS Brian 1. Johnson In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-3881 Civil Term Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on March 10,2006 at 8:08 o'clock PM, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Brian 1. Johnson, by making known unto Brian 1. Johnson, personally, at 300 Stumpstown Road, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Jessica Hermansen, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2006 at 12:46 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Brian 1. Johnson located at 300 Stumpstown Road, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Brian L. Johnson by regular mail to his last known address of300 Stumpstown Road, Mechanicsburg, PA 17055. This letters was mailed under the date of April 06, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff who being duly sworn according to law, states this writ is returned stayed per instructions from attorney Daniel Schmieg. Sheriffs costs: Docketing Poundage Posting Bills Advertising Law Library Prothonotary Mileage Certified mail Levy Surcharge Law Journal Patriot News Share of Bills Total: 30.00 28.53 15.00 15.00 .50 1.00 15.84 3.09 15.00 20.00 701.00 491.60 19.57 ./ 1356.13./ Cf-. '1/os/7J{, <~~~ R. fhomas Kline, SheZ;--- BY cJ(jd.i~ Jwu.L L, Real Estate ergeant '" ::J-'D \ . UL !:/V If&.) ~ j'J~'fot,. ~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, STE. 350 MCLEAN, VA 22102 , CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-3881 BRIAN L. JOHNSON 300 STUMPSTOWN ROAD MECHANICSBURG, PA 17055 Defendant(s ). AFFIDAVIT PURSUANT TO RULE 3129 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 300 STUMPSTOWN ROAD, MECHANICSBURG, PA 17055. 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) BRIAN L. JOHNSON 300 STUMPSTOWN ROAD MECHANICSBURG, P A 17055 2. Name and address ofDefendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as Above 3. Name and 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 so indicate.) COMMERCE BANK, NA 1701 RT. 70 E. CHERRY HILL, NJ 08034 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so 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 so 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 so indicate.) None 7. Name and address of every other person whom the Plaintiffhas 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 so indicate.) TENANT/OCCUP ANT 300 STUMPSTOWN ROAD MECHANICSBURG, P A 17055 DOMESTIC RELATIONS CUMBERLAND COUNTY 13 NORTH HANOVER STREET CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT FO WELFARE P.O. BOX 2675 HARRISBURG, P A 17105 I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. '4904 relating to unsworn falsification to authorities. Fehmary 27 J 2006 Date DANIEL G. SCHM G, ESQUIRE Attorney for Plaint' i . t MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, STE. 350 MCLEAN, VA 22102 ~ CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-3881 BRIAN L. JOHNSON 300 STUMPSTOWN ROAD MECHANICSBURG, PA 17055 Defendant(s). Please be advised tbat tbis firm is a debt collector attempting to collect a debt. Any information received will be used for tbat purpose. If you bave previously received a discbarge in bankruptcy and tbis debt was not reaffirmed, tbis correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. NOTICR OF SHRRIFF'S SA I ,R OF RRA I, PROPRRTY TO: BRIAN L. JOHNSON 300 STUMPSTOWN ROAD MECHANICSBURG, P A 17055 Your house (real estate) at JOO ST1JMPSTOWN ROAD, MRCHA.NICSRlJRG, PA. 17M5, is scheduled to be sold at the Sheriffs Sale on .Iune 7, 2006, at 10:00 a.m. in the CUMBERLAND County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $124,JB.65 obtained by MORTGAGR RI,RCTRONIC RRGISTRA. TION SVSTRMS, 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., 3129.3. NOTICR OF OWNRR'S RIGHTS VOl J M A V HR A HT.R TO PREVENT THIS SHERIFF'S SAT ,F. To prevent this Sheriffs Sale, you must take immediste sction: 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. I . .. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert yoprr 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.) yon MAY STU,I, RF. ARI,F. TO SAW, YOIJR PROPERTY AND yon HAVR OTHER RIGHTS EVRN IF THE SHERIFF'S SAI ,F, DOF,S T AKF. PI,ACK 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (?15) 5ll1-7000. 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-ll390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the Sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. Lawyer Referral Service: Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 (800) 990-9108 . I,F,GAI, DRSCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Monroe, Cumberland County, pennsylvani~J being more particularly bounded and described as follows, to wit: BEGINNING at a steel pin set on the southwesternmost dedicated right-of-way line of Stumpstown Road (T-570), said pin marking the common point of adjoiner of Lots #11 and #12 on the hereinafter mentioned plan with the Stumpstown Road right-of-way; thence extending in and along said right-of- way the following three courses and distances: South fifty-two degrees five minutes three seconds East (S 52 degrees 5 minutes 03 seconds E), for a distance of two hundred and no hundredths feet (200.00 feet) to a steel pin; thence continuing along said right-of-way line by an arc or curve to the right having a radius of one hundred fifty-eight and fifty-nine hundredths feet (158.59 feet), a chord bearing of South thirty-six degrees fifty minutes fifty-seven seconds East (S 36 degrees 50 minutes 57 seconds E), for a chord length of eighty-three and thirty-five hundredths feet (83.35 feet) , and for an arc distance of eighty-four and thirty-four hundredths (84.34 feet) to a steel pin; thence continuing along said right- of-way, South twenty-one degrees thirty-six minutes fifty-one seconds East (S 21 degrees 36 minutes 51 seconds E},for a distance of one hundred fifty- two and eight hundredths feet (152.08 feet) to a steel pin at Lot #13 on the hereinafter mentioned plan of subdivision; thence departing from the Stumpstown Road right-of-way line and extending along Lot #13, South sixty- six degrees thirty-four minutes twenty-nine seconds West (S 66 degrees 34 minutes 29 seconds W) , for a distance of five hundred one and ninety-three hundredths feet (501.93 feet) to a steel pin at Lot #11 on the hereinafter mentioned plan of subdivision; thence extending along Lot #11 the following two courses and distances: North four degrees six minutes fifty-six seconds West (N 4 degrees 6 minutes 56 seconds W), for a distance of two hundred fifty-five and seven hundredths feet (255.07 feet) to a steel pin; thence continuing North thirty-seven degrees fifty-four minutes fifty-seven seconds East (N 37 degrees 54 minutes 57 seconds E) , for a distance of three hundred fifty and no hundredths feet (350.00 feet) to a steel pin set on the southwesternmost dedicated right-of-way line of the Stumpstown Road, said pin marking the place of BEGINNING. CONTAINING 3.3127 acres, more or less, and being designated as Lot #12 on a final plan of subdivision of Monroe Meadows, prepared for Kimba. Inc. by Statler and Lahr, Registered Engineers, dated November 24, 1986, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 53, at page 34. BEING the same premises which KimbaJ Inc., by their deed dated December 15, 1992, and recorded in the Cumberland County Recorder of Deeds Office in Deed Book 36-BJ Page 20, granted and conveyed unto John M. Devine and Jennifer L. Brubeck. The said John M. Devine and Jennifer L. Brubeck intermarried with each other and are Grantors herein. TITLE TO SAID PREMISES IS VESTED IN Brian L. Johnson by Deed from John M. Devine and Jennifer L. Devine (formerly Jennifer L. Brubeck), his wife, dated 11-3-97, recorded 11-5-97 in Deed Book 167, page 159. Premises being: 300 STUMPSTOWN ROAD MECHANICSBURG, P A 17055 Tax Parcel No. 22-11-0278-054 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) , NO 05-3881 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Mortgage Electronic Registration Systems, Inc. Plaintiff (s) From Brian L. Johnson (1) You are directed to levy upon the property of the defendant (s )and to sell see legal description. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property ofthedefendant(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 $124,313.65 1.1.$.50 Interest from 2/21/06 to 6/7/06 (per diem $20.44) $2,187.08 Atty's Corom Atty Paid $118.00 Plaintiff Paid Date: February 28, 2006 % Due prothy $1.00 Other CostsAdd'l Costs $2,726.00 (Seal) By: Deputy REQUESTING PARTY: Name Daniel G. Schmieg, Esq. Address: One Penn Center at Suburban Station 1617 John f. Kennedy Blvd. Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: (215) 563-7000 Supreme Court ID No. 62205 ~ $fJ ~; Real Estate Sale # 58 On March 02, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA Known and numbered as 300 Stumpstown Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. I Date: March 02,2006 By: ,)GcL(~~ Real Estate Sergeant l E :l d I - HVH qOOl Vel 'A1NClU:J U,('{H,El8Hfl3 .:UI~3HS 3Hl .:lO 381.:1.:10 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of April and the 3rd day(s) of May 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 #58 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 REAL ESTATE SALE No. 58 ...No.I. _1 CIvIITerm .......EIeeINlnIc "..tbatJan , systems, Inc. VS Brtan L Johnson Attorney Daniel Schmieg DESCRlmoN AlL 1HAT CERTAIN ltaCt of land situate in the Towusbip of MQDrOe, Cumberland County, PenosylWDia, being mOre particularly boUDded and described as follows, to wit: BEGINNING at a steel pin set on the Soutbwestemmost ,dedicaled right-of-way line of. 8tumpslOWD Road (f-570), said pin marking the common point of adjoine!' ofLols #Il and #12 on the hereinafter mentioned plan willi lIie Stumpstown Rood right-of-way; 1hence extending in imd along said right-ilf-way the folloy;ing three courses and distances: South fifty-two. degrees five minutes three seconds East (S 52 degrees 5 minutes 03 seconds E). for a distance of two iIuJtlhd and no bundnidtbs feet (200,00 feet) to a steel pin; 1hence continuing along said right-ilf- way line by an ll\l: or curve to die right having a radius of one hundred fifty.t and fifty-nine htllldredlbs feet (15859): a Chord bearing Qf South thirty-six degrees fifty minQtes fifty-seven'seconds East (8 36 degrees ~minutes 57 seconds E), for a chon! length of eighty-~ and thirty-five htllldredlbs feet(83.35 fr!t), and fir aD ll\l:distance of eighty-four and ~four'bundredths (84,34 feet) 10 a steel pin; ~ continuing along said right-ilf-way, Sooth ~degrees thirty-six minutes fifty-ilDe. seconds East (S il degrees 36 minutes 51 seconds E), for a distance of one hundred fifty-two and eight hundredths feet (l52,ml feet) to a steel pin at Lot #13 on the ~ meationed plan of subdivision; 1hence departing from the Stumpstown Road right-ilf-way line and extending along Lot #13, South sixty-six degrees thirty-four minutes twenty-nine seconds West (S 66 degrees 34 minutes 29 seconds W), for a distance of five)lUndred one and J!inety-lhree hundredlhs feet (501.93 feet) to a steel pin at Lot #11 on the bereinilfter mentioned plan of subdivision; thence exlending aloug Lot #11 the following two courses and distances: NoI1h four degrees six miDutes fifty-six seroDds West (N 4 degree, 6 minutes 56 SI:COIiIs W), fIX a dis1ance of ~o ~.&ve ~ seven hundred1bs feet 1211~ ~mw ~ I. ~~I'.I ! ... -EaslIN 31 "',. seconds E), for adistaoce ~_ 54ll\11lutes 57 and no hundredths 0 ""'" hundred fifty set 01/ the s~50,~ feet) l~ a steel pin IiDe of the ~ ~ right-of-way place ofBEGlNNJN Road, said pm llIaIting the fV\~.,..,... 'h.."",..._ _ !J._ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: April 7, 14,21,2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 21 day of April. 2006 NOT AR! l. SEAL LO!S E. F\IYDER, Notary Public I', C::ri;s!C. Br;m, Cumberland County ; Expires March 5, 2009 ~,";.'~""\~'i"Iil.t'~;~~,,",.."hn:.<.,;.t!l'I.Nl' REAL ESTATE SALE NO. 58 Wlit No. 2005-3881 Civil Mortgage ElectronIc Registration Systems, Inc. vs. Blian L. Johnson Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Monroe. Cumberland County, Pennsylvania, being more particularly bounded and desclibed as follows, to Wit: BEGINNING at a steel pin set on the southwesternmost dedicated right-of-way line of Stumpstown Road (T-570). said pin marking the common point of adjoiner of Lots # 11 and # 12 on the hereinafter mentioned plan with the Stumpstown Road right-of-way; thence extending in and along said right-of-way the following three courses and distances: South fifty- two degrees five minutes three sec- onds East (S 52 degrees 5 minutes 03 seconds E), for a distance of two hundred and no hundredths feet (200.00 feet) to a steel pin; thence continuing along said light-of-way line by an arc or curve to the right having a radius of one hundred fifty- eight and fifty-nine hundredths feet (158.59 feet). a chord bearing of South thirty-six degrees fifty min- utes fifty-seven seconds East (S 36 degrees 50 minutes 57 seconds E). for a chord length of eighty-three and thirty-five hundredths feet (83.35 feet), and for an arc distance of eighty-four and thirty-four hun- dredths (84.34 feet) to a steel pin; thence continuing along said light- of-way. South twenty-one degrees thirty-six minutes fIfty-one seconds East (S 21 degrees 36 minutes 51 seconds E},for a distance of one hundred fifty-two and eight hun- dredths feet (152.08 feet) to a steel pin at Lot # 13 on the hereinafter mentioned plan of subdivision; thence departing from the Stumpstown Road right-of-way line and extending along Lot #13, South sixty-six degrees thirty-four minutes twenty-nine seconds West (S 66 degrees 34 minutes 29 seconds W), for a distance of five hundred one and nInety-three hundredths feet (501.93 feet) to a steel pin at Lot # lion the hereinafter mentioned plan of subdivision; thence extend- ing along Lot # 11 the following two courses and distances: North four degrees six minutes fifty-six sec- onds West (N 4 degrees 6 minutes 56 seconds W). for a distance of two hundred fifty-five and seven hundredths feet (255.07 feet) to a steel pin; thence continuing North thirty-seven degrees fifty-four min- utes fifty-seven seconds East (N 37 degrees 54 minutes 57 seconds E). for a distance of three hundred fifty and no hundredths feet (350.00 feet) to a steel pin set on the southwesternmost dedicated right- of-way line of the Stumpstown Road. said pin marking the place of BE- GINNING. CONTAINING 3.3127 acres, more or less, and being designated as Lot #12 on a final plan of subdi- vision of Monroe Meadows. pre- pared for Kimba. Inc. by Statler and Lahr. Registered Engineers. dated November 24. 1986, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 53, at page 34. BEING the same premises which Kimba, Inc., by their deed dated December 15. 1992. and recorded in the Cumberland County Recorder of Deeds Office in Deed Book 36- B. Page 20. granted and conveyed unto John M. Devine and Jennifer L. Brubeck. The said John M. Devine and Jennifer L, Brubeck intermarried With each other and are Grantors herein. TITLE TO SAID PREMISES IS VESTED IN Brian L. Johnson by Deed from John M. Devine and Jen- nifer L. Devine (formerly Jennifer L. Brubeck), his wife, dated 11-3- 97, recorded 11-5-97 in Deed Book 167, page 159. Premises being: 300 STUMPS- TOWN ROAD, MECHANICSBURG. PA 17055. Tax Parcel No. 22-11-0278-054.