HomeMy WebLinkAbout05-3949
McCABE, WEISBERG AND CONWAY, P.c.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Nnmber 16496
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
215 790-1010
Mortgage Electronic Registration Systems, Inc.
636 Grand Regency Boulevard
Brandon,FL 33510
v.
Paul K. Lininger
233 Main Street
Mechanicsburg, P A 17055
and
Jennie M. Lininger
6208 Stanford Court
Mechanicsburg, P A 17050
C?
Attorney for Plaintiff
Cumberland County
Court of Common Pleas
Number OS- - 3cNcr
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CIVIL ACTION/MORTGAGE FORECLOSURE
NOTICE
AVISO
You have been sued in court. If you wish to defend
against the claims set forth in the following
pages, you must take action within twenty (20) days
after this complaint and notice are served, by
entering a written appearance personally or by
attorney and filing in writing with the court your
defenses or objections to the claims set forth
against you. You are warned that if you fail to do
so the case !My proceed without you and a judgment
may be entered against you by the court wi thout
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
LA WYER AT ONCE. IF YOU DO NOT HAVE A
LA WYER, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LA WYER.
IF YOU CANNOT AFFORD TO HIRE A
LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT
AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGlBLE PERSONS AT A REDUCED FEE OR
NO FEE.
cumberland County Bar Association
2 Liberty Avenue
carlisle, PA, 17013
800-990-910B
Le han demandado a usted en la corte. 5i usted
quiere defenderse de estas demandas ex-puestas en
lag paginas siguientes, usted tiene veinte (20l
dias de plaza al partir de la fecm de la demanda y
la notificacion. Hace falta asentar una
comparencia escrita 0 en persona 0 con un abogado y
entregar a la corte en forma escrita sus defensas 0
sus obj eciones alas demandas en contra de su
persona. Sea avisado que si usted no se defiende,
la corte tomara medidas y puede continuar la
demanda en contra suya sin previa aviso 0
notificacion. Adernas, la corte puede decidir a
favor del demandante y reguiere que usted cumpla
con todas las provisiones de esta demanda. Usted
puede perder dinero 0 sus propiedades u ctros
derechos importantes para listed.
USTED LE DEBE TOMAR ESTE PAPEL A SU
ABOGADO INMEDlA T AMENTE. SI USTED NO
TlENE A UN ABOGADO, V A A 0 TELEFONEA LA
OFlClNA EXPUSO ABAJO. ESTA OFICINA LO
PUEDE PROPORCIONAR CON INFORMATION
ACERCA DE EMPLEAR A UN ABOGADO.
Sl USTED NO PUEDE PROPORC10NAR PARA
EMPLEAR UN ABOGADO, EST A OF1CINA PUEDE
SER CAPAZ DE PROPORC10NARLO CON
INFORMACION ACERCA DE LAS AGENCIAS
QUE PUEDEN OFRECER LOS SERVICIOS
LEGALES A PERSONAS ELEGJBLES EN UN
HONORARIO REDUCIDO NI NINGUN
HONORARIO.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA, 17013
800-990-9108
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
215 790-1010
Attorney for Plaintiff
Mortgage Electronic Registration
Systems, Inc.
636 Grand Regency Boulevard
P.O. Box 2369
Brandon, FL 33510
Cumberland County
Court of Common Pleas
v.
Paul K. Lininger
233 Main Street
Mechanicsburg, P A 17055
and
Jennie M, Lininger
6208 Stanford Court
Mechanicsburg, PA 17050
Number 05-
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CIVIL ACTION/MORTGAGE FORECLOSURE
1. Plaintiff is Mortgage Electronic Registration Systems, Inc., a corporation duly
organized and doing business at the above captioned address.
2. The Defendant is Paul K. Lininger, who is one of the mortgagors and real owners of
the mortgaged property hereinafter described, and his last-known address is 233 Main Street,
Mechanicsburg, P A 17055.
3. The Defendant is Jennie M. Lininger, who is one of the mortgagors and real owners
of the mortgaged property hereinafter described, and her last-known address is 6208 Stanford Court,
Mechanicsburg, PA 17050.
4. On 05/01/2002, mortgagors made, executed and delivered a mortgage upon the
premises hereinafter described to Mortgage Electronic Registration Systems, Inc., as Nominee for
Decision One Mortgage Company, LLC, its successors, which mortgage is recorded in the Office
of the Recorder of Cumberland County in Mortgage Book 1758, Page 1140.
5. MERS, is or will be, the owner oflegal title to the mortgage that is the subject ofthis
action, and nominee for Household Mortgage Funding Corp, Ill, its successors, which is the owner
of the entire beneficial interest in the mortgage.
6. The premises subject to said mortgage is described in the mortgage attached as
Exhibit "A" and is known as 6897 Wertzville Road, Enola, PA 170251035.
7. The mortgage is in default because monthly payments ofprincipaJ and interest upon
said mortgage due 08/11/2004 and each month thereafter are due and unpaid, and by the terms of
said mortgage, upon default in such payments for a period of one month, the entire principal balance
and all interest due thereon are collectible forthwith.
8. The following amounts are due on the mortgage:
Principal Balance
Interest 07/! 1/2004 through 07/27/05
(Plus $ 30.65 per diem thereafter)
Attorney's Fee
Late Charges
Corporate Advance
Cost of Su it
Appraisal Fee
Title Search
$ 124,453.74
$ 11,442.76
$ 6,222.69
$ 889.46
$ 1,424.50
$ 225.00
$ 125.00
$ 200.00
GRAND TOTAL
$ 144,983.15
9. 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 based on
work actually performed.
10. Notice of Intention to Foreclose as required by Act 6 of ]974 (41 P.S. S403) and
notice required by the Emergency Mortgage Assistance Act of 1983 as amended under] 2 P A Code
Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to
Defendants by regular mail with a certificate ofmailing and by certified mail, return receipt requested.
WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of
$144,983. ]5, together with interest at the rate of $30.65 per diem and other costs and charges
collectible under the mortgage and for the foreclosure and sale of the mortgaged property.
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TE~l~c~ ;, if~CABE, ESQUIRE
Attorney for Plaintiff
VERIFICATION
The undersigned, Terrence J. McCabe, Esquire, hereby certifies that he is the Attorney for
the Plaintiff in the within action, and that he is authorized to make this verification and that the
foregoing facts are true and correct to the best of his knowledge, information and belief and further
states that false statements herein are made subject to the penalties of 18 P A.C.S. 94904 relating to
unsworn falsification to authorities.
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RO~[F.T P. ZIEGLER
ft.::::CORCC!t OF DEEDS
'02'~Ayl:~C ;~1)~I;'lf~6~f~R\.~
JENKINTOWN, PA 1_
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Decision One Mo ge Company, LLC
rive, Suite 1000
orth Carolina 28287
(SpRee Abol'c Thh Line FOT RCCDrding D>>ta}
Loan Number 2030.02044556'046
MIN: 1000779.0004221046.5
MORTGAGE
DEFINITIONS
Words used in multiple sections ofthis document are defined below and other words are defined In Sections 3,
I I, 13, is, 20 and 21. Certain rules regarding the usage of words used in Ibis document ./lIe also provjded in
Section 16.
(A) "Security IDstrumeot" means this documenl, which is dated MAY 1, 2002, logether with all Riders to
this document.
(B) "Borrower" is PAUL K. LININGER and JENNIE M. LININGER, HUSBAND AND WIFE.
Borrower is tbe mOJ1gagor under this Security Instrument.
(C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting
solely as a nominee for Lender and Lender's successors and assigns. MERS;s the mortgagee under this
Security Instrument. MERS is organized and existing under the laws of Dclaware, and has an address and
telephone number of P.O. Box 2026, Flint, Ml 48501-2026, tel. (888) 679-MERS.
(0) "Lender" is Decisiob One Mortgage Company, LLC. Lender is a LIMITED LIABILITY COMPANY
organi:.:ed and existing under the laws of NORTH CAROLlNA. Lender's .!Iddrcss is 6060 J.A. JONES
DRNE, SUITE 1000, CHARLOTIE. NORTH CAROLINA 28287.
(E) "Note" me-1US tlte promissory note signed by Borrower and dated MA Y J, 2002 The No!c states thaL
Borrower owes Lender ONE HUNDRED THIRTY-I"JVE THOUSAND AND OO/lOOt.hs Dollars
(U.S.$135,OOO.OO) plus interest Borrower has promised to pay this debt in regular Periodic Payments and to
pay the debt in full not later than MAY 11, 2017.
(F) "Property" means the property lhat is described below under Ihe heJldjng "Tmnsfer of Rights in the
Property." '
(G) "Loan" means HIe deDI evidenced by lhe Now, plus inleresl, any prepayment charges and late charges due
under the Note, and all sums due under this Security Instrument, plu!; interest.
Form 3039 1101 (page J of 14 pages)
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Exhibit A
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(H) "Riders" mc.'lns all Riders to Ihis Security Instrumcnt that Olrc cxecuted by Borrower The following
Riders arc to be executed by Borrower [check box OlS applicablc}:
Adjustable Rate Rider Condominium Rider Second Home Rider
Balloon Rider Planned Unit Dcvelopmenl Ridcr Other(s) [specify]
1-4 Family Rider Biweekly Payment Rider
",
(I) "AppUubk LlIw" means all controIling applicable:: federal, Slate and local statutes, regulations, ordinances and
adminislmtive rules and orders (that have the eITect of law) as well as all applicable final, llon-appc,11able
judicial opinions.
(J) "Community AssociatiOD Dues. Fees, and Assessments" means all ducs, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners association
or similar organization.
(K) "Electronic Funds Traosfer" means any transfer of funds, other than a transaction originated b)' check,
draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credil ao
account Such teon includes, but is not limited to, point-()f~&ale transfers, automated teller machine
lransactions, transfers initialed by telephone, wire lransfers, and automated clearinghouse transfers.
(L) "Escrow Items" means those items that are described in Section 3.
(M) "Miscellaneous Proceeds" means any compensation, settlement, award of d<lmages, or proceeds paid by
any third party (olher than insurance proceeds paid under the covernges described in Seclion 5) for: (i) damage
10, or destruction of, the Property; (Ii) condemnation or other taking of all or any part of the Property; (iii)
conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value andlor
condition of the Property.
(N) "Mortgage {osuraocc" means insurance protecting Lender against the nonpaymenl of, or default on, the
Loan.
(0) "Periodic Payment" means the regularly schcduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.c. ~ 2601 ct seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or
any additional or successor legislation or regulation tllat governs the same subjcct matter. As used, in this
Security Instrument, "RESPA" refers to all requirements and restrictions thaI are imposed in regard to a
Hfcderally related mortgage loan" cven if the Loan docs nol qualify as a Hfcderally related mortgage loan" under
RESPA.
(Q) "SlIccessor in Interest of Borrower" means any party that has taken title to the Property, whether or nol
lhat party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
,
This Security Instmment secures to Lender: (i) the repayment ofthe Loan, and all renewals, extensions and
modifications of the NOlc; and (ii) the performance of Borrower's covenants and agreements under this Security
Instrument and the Nole. For this purpose, Borrower does hereby mortgage, grant and conyey to:J:.1ERS
(solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns o(.:MERS
the following described property located in the Count" of CUMBERLAND
[Type of Recording Jurisdiclion] [Name of Recording Jurisdictionj
SEE ATTACHED SCHEDULE "A"
,
PENNSYLVANIA-Single Family-Fannie M/lclFl"l'ddie Mae UNIFORM INSTRUMENT Form 3039 1101 (page 2 of 14 pages)
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Tax Parcel Identification Number: 38.13-0988-002
which currently has the address of 6897 WERTZVILLE ROAD
ENOLA
[Street]
("Property Address"):
,Pennsylvania 17025
[City] [Zip Code]
TOGETHER WIlli all the improvements now or hereafter erected on the property, and aU easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be
covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the
"Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by
Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for
Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including,
but not limited to, the right to foreclose and sell the Property; and to take any action required of Lcnder
including. but not limited to, releasing and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the
right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims
and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covcnants for nalional use and non-uniform
covenants with limited variations by jurisdiction to constitute a unifonn securiLy instrument covering real
prop:my.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Pa)'ment or Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower
shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment
charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursUant to
Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency.
However, if any check or other instrument received by Lcnder as payment under the Note or this seCurity
Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due undcr the
Note and this Security Instrument be made in one or more of the following forms, as sclccted by Lender: (n)
cash; (b) money order; (cl certified check, bank ch.eck, treasurer's check or cashier's check, provided any such
check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or
(d) Electronic Funds Transfer.
Payments are deemed received by Lender whcn received. at the location designated in the Note or at such
other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender
may return any pa)TIlent or partial payment if the payment or partial payments are insufficient to bring the Loan
current Lender may accept any payment or partial payment insufficient to bring the Loan current, without
wdiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments.in the
future, but Lender is not obligated to apply such payments at the time such payments arc accepted. If each
Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds.
PENNSYLVANJA-SiJlgle Family-FllI1IlI" MII,,/}'reddl. MIlC UNIFORM INSTRUMENT Form 3039 1/1)1 (page 3 of 14 pages)
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Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current If Borrower
docs not do so within a reasonable period of lime, Lender shaH either apply such funds or return them to
Borrower. If not applied earlier, such funds will be applied to lhc Qutstanding principal balance under tl~ Notc
immediately prior to foreclosure. No offset or claim which Borrower migllt have now or in the fulure against
Lender shall relieve Borrower from making paymentS due under the Note and this Securily InSlnllllCnl or
performing lhe covenants and agreements secured by tltis Security Instrument.
2. Application of Payments or Proceeds. Except as othemisc described in this Section 2, all paYments
accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under thc
Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to
each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first 10
tate charges, second to any other amounts due under this Security Instrument, and then to reduce the p~ncjpal
balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a suffIcient
amount to pay any late charge due, the payment may be applied to !he delinquent payment and the laIc charge.
If more than one Periodic Payment is outswnding, Lender may apply any payment received from Borrov.'Cr to
the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the
extent that any e.xccss exists after the payment is applied to the full payment of one or more Periodic Payments,
such e:\.'Cess may be <lpplie<1 to any late charges due. Voluntary prepaymeIUs shall be applied iJrst to any
prepayment charges and then as described in the Note.
Any application of payments, insurallC<:: proceeds, or Miscellaneous Proceeds to principal due under the
Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. .
J. Funds for Escrow Hems. Borrower shall pay 10 Lender on the day Pcriodic Paymcnls are due under the
Note, unlil the Note is paid jll full, a sum (the "Funds") to provide for payment of amounts due [or: (a) taxes
and asseSSlUcmts and other ilems which can attain priority over this Security Instrument as a lien or encumbrance
on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all
insurance requircd by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums
payable by Borrower to Lender in lieu of the payment of Mortgage I llsunmce premiums in accordance with the
provisions of Section 10. These items are called "Escrow Jtcms.K At origination or at any time during the tenn
of the Loan, Lender way require that Community Association Dues, Fees, and Asscssmenls, if any, be
escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly
furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds
for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items.
Lender may waive Borrower's obligation to pay 10 Lender Funds for any or all Escrow Items at any time. I Any
such waiver may only be in writing. In the event of sllch waiver, Borrower shall pay directly, when and where
payable, the amounts due for any Escrow Hems for which payment of Funds has been waived by Lender
and, if Lender requjres, shall furnish 10 Lender receipts evidencing sueh payment within sueh time period as
Lender l1Wy require. Borrower's obligation to make such paymel1ts and to prO\'ide receipls slJall for all
purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the 'phrase
"covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant
to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its righls:.llllder
Section 9 and pay such amount and Borrower shall then be obligatcd under SeeLion 9 to repay to Lender any
such. amount. Lender may revoke lhe waiver as to any or all Escrow Items at any time by a notice given in
accordance with Section 15 and, upon such revoeation, Borrower shall pay LO Lender all Funds, and in such
amounts. thai arc then required under this Seclion 3.
Lcnder may, al any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the
funds at the lime specified under RESPA, and (b) not to exceed the maximum amount a lender can require
under RESP A. Lender shall estimate the amount of Funds due on the basis of current data and reasonable
estimates of expenditures of future Escrow Items or olhemisc in accordance with Applicable Law.
PENNSYLVANIA-Single FamilyoFlIllnit M;.eIFw)dle Mile UNn-ORl\lINSTIWME1>.T Form 3039 11tH (pog~ 4 oj H pages)
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The funds shall be held in an institution whose deposits are insured by a federal agcl\CY, instrumentality,
or cntity (including Lender, if under is an in$titulion whose deposits Me so insured) or in any Federal Home
Loan Bank, Lender shalJ appl)' the Funds to pay the Escrow Items no later thall the lime specified under
RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the:escrow
account, or verif)'ing the Escrow Items, unless Lender pays Borrower imcrcsl en the Funds and Applicablc Law
penuits Lender (0 make such a eMrge, Unless an agreement is made in writing or Applicable Law requires
interest te be paid on the Funds, Lender shaH not be required to pay Borrower any interest or earnings on Ihe
Funds. Borrower and Lender can agree in writing, however, that inlerest shall be paid on the Funds, -Lender
shall give to Borrower, without charge, an annual accounting of the funds as required by RESPA. ;
If there is a surplus of Funds held in eSCrow, as defined under RESP A, Lender shaH account to Borrower
for the excess funds in accordance with RESPA. If there is 8 shonage of funds held in escrow, as defined
under RESP A, Lender shaH notify Borrowcr as required by RES? A, and Borrower shall pay 10 Lender the
amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly
payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shaU notify
Borrower as required by RESPA, and Borrower shall pay to Lender the amount neccssary to n12k~ up the
deficiency in acrordance with RESPA, but in no more than 12 monthly payments.
Upen payment in full of all sums secured by this Security Instrument, Lender shaH promptly refund to
Borrower an)' Funds held by Lender.
4. Cbarges: Liens. Borrower shatl pay all18xes, assessments, charges, fines, and impositions aUributaDle
to the Property which can aUain priority over this Security Instrument, leasehold paymcnts or ground rents on
the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these
items are ESCIDW Hems, Borrowcr shall pay them inlhe manner provided in Section 3,
Borrower shaJl promplly discharge any lien which has priority over Ihis Seeurit)' Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
Lender, but onl)' so long as Borrowcr is performing such .agreement; (b) contests the lien ill good faith by, or
defends againsl cnforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent (he
enforcement of the lien while those proceedings are pending, but only until such proceedings arc concluded; or
(c) ~ures from the holder ofthc lien an agreement satisfactory to Lender subordinating thc lien to tllis Security
Instrument. If Lendcr rletcnnine$ that any part of the Property is subjccl to a lien which can attain priority over
this Security Instrument, Lender may give Borrower a notice iden(i[ying the lien. Wilhill lO days of the date
on which that notice is given, Borrower shall s<nisfy the )jcn or take one or more C}f the actions set fortJ! above
in this Sectjon 4.
Lender mny require Borrower 10 pay a one. time charge for a real estate tit>.: verification andlor reporting
service used by Lender in connecHou with tllis Loan. '
5. ProlJer'ty InsurnDce, Borrower shall keep the improvements now existing or hereafter erected. on (he
Propeny insured againsl Jos.s by fire, hazards included within (he (em "cxtended coverage," and any other
hazards including, but net limited to, eal1hquakcs and floods, for which Lender requires insul'arn=e. This
insurance shall be maintained in the amounts (induding deductible levels) and for U1C periods that' Lender
requires. What Lender requires pursuant (0 the preceding sentences can ehonge during thc tCffil of lhe Loan.
The insurance carrier providing the insurance shall be chosen by Borrower subject to Lendcr's nghl 10
disapprove Borrower's choice, which right shall oat /)e exercised unreasonably. Lender may require Borrower
to pay, in connection with this ~ either: (a) a one-time charge for flood wne delcnninalion, ccrtiOcation
and tracking services; er (b) a one~tjme charge for flood zone determination and certification servi~es and
subsequenl c)larges each time remappings or similar chllnge.s OCC1If which tc.1sonably might atfect such
detcrmina(ion or certification. Borrower shall also be responsible for the paymcnt of an)' 'f!,".Cs imposed.by the
Federal Emergency Management Agency in connectien with the review of any flood zonc dClermination
rcsultillg from an objection by Borrower.
PENNSYLVANIA-Siugle Flimily-J<'2nnll' Mae1I'reddlt Mac UNli'ORM INSfRUMENT
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If Borrower fails to maintain any of the coverages described above, Lcnder may obtain insurance C\Jverage,
at Lender's option and Borrower's expensc. Lender is under no obligation l.o purchase any partkular type or
amount of coverage. Therefore, such coverage shan cover Lender, but might or might not pr~ect Borrower,
Borrower's equity in lhe Property, or the contents of the Property, against any risk, hazard or liability and
might provide greater or lesser cover..!!!e than was previously in cffcx:1. Borrower acknowledges that the cost of
the insurance coverage so obtained might signIficantly exceed the cost of insurance that Borrower could have
obtai [led. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Be.Trower
secured by this Security InslrumenL These amounts shall bear intereS.l at the Note rate from the date of
djsbursement and shall be payable, wilh such interest, upon notice from Lender to Borrower requesting
payment.
All insurance policies required by Lender and renewals of such /Xllicies shall be subject to Lender's right
to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee
and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certiIicales. If
Lender requires, Borrower shall promptly give to lender all receipts of paid premiums and renewal notices. If
Borrower obtains any (omt of insurJnce coverage, not olherwise required by Lender, for damage:to, or
destruction of, the Property, such policy shall include a standard mortgage clause and shall name L~!ldcr as
mortgagee and/or as all additional loss payee.
In the event of loss, Borrower shall give prompl notice LO {he insurance carrier and Lender. Lender may
make proof of loss if not made promptly by Borrower. Unless Lender and Borrower olhernise agree in
writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, sMIl be
applied LO restoration or rep<1ir of the Propeny, 1f the restoration or repair is cconomic:nlly feasible and lender's
security is not lessencU. During such repair and tcstoration period, Lender shall have the right to hold such
insurance proceeds unlil Lender has had all opportunity to inspCCl such Property to ensure the work has been
completed to Lender's satisfaction,. provided that such inspection shall be undertaken promptly. Lender may
disburse proceeds for the repairs and restoration in a single payment Qr in Ii series of progress payments as the
work is completed. Unless an agreement is made in wriling or Applicable Law requires interest to be paid on
such insurao<;c proceeds, Lender shaH not be required to pay Borrower any intereM or earnings 00 such
proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out ofthe
insurance proceeds and shaH be the sole obligation of Borrower. If the restoration or repair is not
economically feasible or Lender's sccu.rilY would be lesscned, tl1e insurance proceeds shall be applied to Ihe
sums sc;;urcd by this Security Instrument, whether or not !.hen dUe, with the excess, if any, paid to Borrower.
Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Propeny, Lender may file, negotiate and settle any available insurance claim und
related matters. If Borrower docs not respond within 3Q clays to a notice from Lender that the insurance carrier
has offered to settle a claim, then Lender may negotiate and scttle the claim. The JO-dlY period will begin
when the notice is given. In either event, or if Lender acquires the Pr9perty under Section 22 or oHw;rwise,
Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed
the amounts unpaid under the Note OT tbis Security Instrument, and (b) any other of BDrrower's rights (other
than the righl \0 any refund or unearned premiums paid by Borrower) under all insurance policies covering the
Propcny, insofar as such rights are applicable to the cov<;rage of the Property. Lender may use the insurance
proceeds either to repair or restore the Property or to pay amounts unpaId under the Note or lhis S~Urity
Instrument, whether or not then due. i
6, OccQl'al1C}'. Borrower shall occupy, establish, and use the Property as Borrower's principal residence
\\ithiu 60 days after the execution of this Security Instrument and shall continue to occupy the Property as
Borrower's principal residence for at least one year after Lhe date of occupancy, unless Lender otherwise'agrees
in 'Writing, which consent shalt no! be unreasonably wilhheld. or unless exicnuating circumstances c,'iist\vhich
are beyond Borrower's control.
PENNSYLVANIA-Single Family-FlUUlJI! M;I"IF~dJ" M.c UNIFOR.M INSTRUMF.NT Form 3039 JIm (pogo ~ of J4 pageJ)
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BK 1758PG.\ 145
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7. Preservation, Maintenapce and protection of the Property; Inspections. Borrower shall not destroy,
damage or impair the Property, allow the Property to dcterionlle or commit waste on the Property. Whether Of
not Borrower is residing in the Property, Borrower shall maintain lhe Property in order to prevent the Property
from deteriorating, or dcere.1sing in value due to its condition. Unless it is dctcmlincd pursunnt 10 Section 5 thm
repair or restoration is not cconomically feasible, Borrower shall promplly re~lir the Property if damaged 10
avoid further deterioration or damage. lf insurancc or condemnation procc.cds are paid in conneclion witb
damage to, or the taking of, the Property, Borrower shall be responsible for repairing or resloring the Property
only if" Lender has released proceeds for such purposes. Lemler may 9isburse proceeds for the repai~ and
restoration in a ~ngle payment or in a series of progress payments as the work is completed, If the insurance
or condemnation proceeds arc not sufficient to repair or restore the Property, BorrO\yer is not relieved of
Borrower's obligation for the compleLion of sllch repair or restoration.
Lender or ilS agent may make reasonable entries upon and inspections of the Property. If ie has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at me time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's LOlUZ Application. Borrower shall be in default if, during the Loan application prOcess,
Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or
consent gave 1118Ien,lJly false, misleading, or inaCCUf"dte information or statements to Lender (or fa'Ued 10
provide Lel1der with material information) in connection with tile Loan. Material rcpreSCI1U1tiollS inclube, but
are oat limited 10, representations concerning Borrower's <X,;cupancy of the Property as Borrower's principal
residcl1ce.
9, Protection of Lender's Interest in the Property and Rights Under this Sccurit)' lDstrument. If (a)
Borrower fails to perfonn the covenants and agreements contained in this SeCllrily Jnstrument,. (b) there is a
legal proceeding lhat might significantly affect Lender's interest in the Property and/or rights under this
Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforcc laws Clr regulations),
or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or
appropriate to protect Lender's interest in the Property and rights under tJ1is Security Instrument, including
protecting andlor assessing the value of the Property, and securing andfor repairing the Property. Lender's
actions can include, but arc not limited to: (a) paying any slJms secured by a lien which has priority over this
Security Instrument; (b) appearing in coun; and (c) paying reasonable attorneys' fees to protect its interest in
the propeny and/or rights under this Security lnstrumellt, including its secured position in a bankruptcy
proceeding, Securing the Property includes, but is not limited to, entering the Property to make repairs, change
locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code
violations or dangerous conditions, and have utilities turned on or off. Although Lender may lake action under
this Section 9, Lender does not have to do so and is nOl under any duty or obligation to do so. It is agreed that
Lender incurs no liability [or not taking any or.all actions authorized under lhis Section 9. I
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured
by this Security Instrument. These amounts shall bear interest at thc Note ratc from the date of disbursemellt
and shall be payable, witll such interest., upon notice from Lender to Borrower requesting paymcnt t
If (his Security Instrument is on a leasehold, Borrower shall comply witb all the provisions ofthc lca.~e. If
Borrower acquires fee Olk 10 the Property, the leasehold <lnd (he fee title shall not merge unless Lender :agrees
to the merger ill wriling
<'
PENNSYLVANL\.Single Family-FlUUIic Macli'reddic Mac Vl'm.ORM INSTRUMENT Form 3039 1/1}1 (page 7 of 14'pages)
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BKI758PG\ 146
10. Mortgage Insuradcc. lf u-ndcr required Mortgage Insurance <.IS 11 condition of making \h~ Loan,
Borrower shall pay the premiums required to zooin1ain the Mortgage Insurance in effect If, for any reason, the
Mortgage Insurance coverage required by Lender ceases 10 be available from the mortgage insurer that
previously provided such insurance and Borrower was requited to make scpa11.ltely designated payments toward
the premiums for Mortgage lnsurancc, Borrower shall pay the premiums required 10 oblain coverage
substantially equivalenl to the Mongage tnsurance previously in effect, at a cost substantially cquivalcnllO the
cost to Borrower of the Mortgage Insurance previously in effect, from an alterrullc mortgage insurer SCIC{;led by
Lender, If substantially equivalent Mortgnge Insurance ooverage is not available, Borrower shall continue to
pay 10 Lender the amount of the separalely designated payments that were due when Ihe insurance ~verage
ceased to be in effect. Lender win accept, use and retain these paymems as a non-refundable loss re.serve. in
licu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fae! that the Loan is
ultimately paid in full, and Lender shall not be required to pay Borrower any interest (Jr earnings on such loss
reserve, Lender can no longer require loss reserve payments if Mortgage Insllrance coverage (in the,'amOlUlt
and for the pcriod that Lender requires) provided by an insurer selected by Lender again becomes avaj'JabJe, is
obtained, and Lender requires separately designated payments toward the premiums for Mortgage insurance, If
Lender required Mortgage Insurance as a condition of making the Loan and Borrower was reqllired~to make
separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums
required to maintain Mortgage Jnsurance in effect. or to provide a non-refundable loss reserve, until Lender's
rcquiremenl for Mortgage Insurance ends in accordance with any written agrcemem between Borrower and
Lender providing for such termination or until termination is required by Applicable Law. Nothing in this
Seclion 10 affects Borrower's ohligation to pay intcresl at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or an)' enl;l}' that purchases the Note) for certain losses it may
incur if Borrower does not repay the Loan as agreed. Borrower is not a party 10 Ihe Mortgage Insurance,
MDrtgage insurers evaluate their total risk on all such insurance in force from time 10 lime. and may enter
into agn:ements with other parties that share or modify their risk, or reduce losses. These agreements are on
teons and condi[ions thal are satisfaclory to the mortgage insurer and the othcr party (or panics) to these
agreemenls. These agreements may require tbe mortgage insurer to make payments using any source of funds
that the mortgage insurer may have available (Which may include funds obtained from Mortgage Insurance
premiums).
As a resuh of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, an)'
other entity, or any affiliate of any of the foregoing, may receive (dircclly or indirectly) amounts that derive
from (or might be characterized as) a portion of Borrower's pa}1nents. for Mortgage Jnsurance, in exchange for
sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that .an
affiliate of Lender takes a share of the insurer's risk in exchange for a slUlre of the premiums paid to the
insurer, the arrangemcnl is often termed ~Qlptivc .reinsurance." Further: I
(a) Any sucb agreements will nut afrc(t the amounts that Borrower bali a~recd to (lay for Morlg:Jge
Insurancc, or auy other terms of tbe Loan, Such agreemcnts will Rot increase thc amount Borrower will
owe for Mortgage Insurance, and tbey will Dot cntitle Borrower to noy refund,
(b} Auy such agreements will not affcct tbe rights Borrowtr has - if ao)' - with respc(t to tbe
Mortgage Insurance ander tbe Homeowners Protection Act of 1998 or an)' otber law. These rights may
include the right to receive certain disclosurc.o;.. to request aolS olllain caDccllatioD of the M'ortgage
Insurance, '0 bnve tbe Mortgage Insuranc\.'! tcrmiolJied automatkally, and/or to receive a rcfund.'or any
Mortgage Insurance I)rcm;ums that were unearned at the time or sucb c:.mccllation or terminatiolJ. "
11. Assignment of MiscellauL'G11S Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby a:Ssigncd
to and shall be paid to Lender. ,!
PENNSYLVANIA-Single Family.Fannie MaefFreddlcMac UNU'ORll.11NSTRUMENT Form 3039 1101 (pagi!8 Df 14pagcs)
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BKI7S8PGI14g
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If the Property is damaged, such Miseellaneous Proceeds shaU be applied to restoration or repair of lhe
Property, if the restoration or repair is economically feasible and Lender's security is not lessencd. During such
repair and rcstot;Jtlon period, Lender shill! have the right to hold such Miscellaneous Proceeds until Lcndcr hilS
had an opportunity to inspecl such Property to ensurc the work has been completed \0 Lendcr's satis[hction,
provided that such inspeclion shall be undertaken promptly, Lender may pay for the lc~irs and rcs\oration in a
single disbursement or in a scries ofprogres:s payments as the work is completed. Unless fill ngrcclllc,lll is made
in writing or Applicable Law requires interest to be paid on sucll Miscellaneous Proceeds, Lender shall nol be
required 10 pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the resloration Or repair
is not economically feasible or Lender's security would be lesscned, the MisccllanCQus Proceeds shall be
applied to the sums secured by tltis Security Instrument, whether or not then due, with the excess, if any, paid
to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2.
In the event of a total laking, destruction, or loss in value of the Property, the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if
any. paid to Borrower. .
In the event of a partial laking, destmclion, or loss in value of the Propeny in which the fair mark7t value
of the Property immediately berore the partial taking, destmction. or loss in value is equal (0 or greater than the
amount of the sums secured by this Security Instrument immediately before the partial taking, destruCtion, or
loss in value, unless Borrower and Lender othcnv:isc agree in writing, the sums secured by this Security
Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following t~action:
(a) the total amount of the sums secured immediately before the partial taking, destruction, or loss .in value
divided by (b) the fair market value ofttLe Property immediately before the partiat taking, deSl1Uclioll, or Joss in
value. Any balance shall be paid 10 Borrower.
III the evcnt of a partial taking, destnu:lion, or loss in value of the Property in which the fair market value
of the Property immediatcly before the panial taking, destruction, or loss in value is less than the amount of the
sums secured immediately before the partial t.aking, destruction, or loss in value, unless Borrower and Lender
othenvisc agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Securily
Instrument whetller or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing
Party (as defined in the next sentence) offers to rrmke an award to settle a claim for damages, Borrower fails to
respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the
Miscellaneous Proceeds either to restoration or repair of the Property or to the Slims secured by this Security
Instrument. \t.hcther or not then due. "Opposing Party" means the third party that owes Borrower
Miscellaneous Proceeds or the party againsl whom Borrower has a right of action in regard to Miscellaneous
Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun (ltal, in
Lender's judgment, could result in forfeilurc of the Property or other material impairmcnl of Lender's interest
in the Property or rights under this Security Instrument. Bonower can curc suell a defaull and, if acceleration
has occurred, reinstatc as provided in Section 19, by causing the aClion or proceeding to be dismisscd,with a
ruling 1118t. in Lender's judgment, precludcs forfeiture of the Propeny or other matcrial impairment of U;nder's
interest in the Property or rights under this Security Instrument. The proceeds or any aW.1rd or claim for
damages that arc attributable to the impairment oC Lender's inlercsl in the Property arc hereby assigned and
sJlall be paid to Lender.
All Mi~eJlaneous Proceeds lhat arc not applied to restoration or repair of the Property shall be applied in
the order provided for in Seelion 2. "
I
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Pi';!'ONSYLVAN1A-Sil1glc Family~FWlnic lI-br/Fre.hUe Mac UNIFOR.M INSTRUMEi\'T Farm J039 1I0t (IX1sa 9 of /1 pages)
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BK I 75 8.PG l. U~,fl
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12. Borrower Not Released; Forbearance B)' Lender Not a WaiveT'o Extension oEthc time for payment
or modification of amortiuuion of the sums secured by this Security Instrumenl granted by Lender to Borrower
or any Successor in Interest of Borrower shall no1 operate to release the liability of Borrower or any Successors
in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in
Interest of Borrowcr or 10 rcfuse \0 extcnd time for payment or otherwise modify amonization of the sums
secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors
in Imerc51 of Borrower. Any forbearance by Lender in exercising any right or rcmedy including, without
limitation, Lender's acceptance of payments from third persons, entities or Successors in Imerest of Borrower
or in amounts less than the amount then due, shalf not be a waiver of or preclude the exercise of any right or
remedy.
13. Joint and Several LiabiUt).; Co-sigucrs; Successon aDd Assigns Bound. Borrower covenants and
agrees that Borrower's OOJigatioDS and liability shaH be join! and several. However, an)' Borrower who
co-signs this Security Instrument but does not execute the Note (a "co-signer"): (11) is co-signing this Security
Instrument only to mortgage, gram and convey the co-signer's interest in the Property under Ihe terms of this
Security Instrument; (b) is not personally obligated to pay the sums secured by this Socurity Instrument; and (c)
agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations
with regard to the tenns of this Security Instrument or the Note without the cowsigner's consent
Subject to the provisions of Section Ig, any Successor in !nterest of Borrower who aSSumes Borrower's
obligations under lhis Security Insul.lmenl in wriling, and is approved by Lender, shall obtain all of Borrowcr's
riglIts and benefits under this Security Instrument. Borrower shaH not be released from B01fower's obligations
and liability under this Security instrument unless Lender agrees to !mch release in writing. Tlte covenanls and
a.grecments of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors
and assigns of Lender.
14. Lo:1lI' CbJlrgt's. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for tIle purpose of protecting Lender's interest in the Property and rights under this Security
Instrument, in.cluding, but not limited to, auorneys' fees, property inspection and valuation fees. In regard to
any olher fees, the absence of express authority in Ihis Security Instrument to charge a specific fee 10 Borrower
shall nol be constnled as a prohibition on the charging of such fee, Lender may nol charge fees Hlat I1rc
e.xp1cssly prohibited by tbis Sc<;urity Jnslrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally jmerpreted so that
the interest or other loan charges collected Of to be collected in connection with the Loan exceed the pemliUed
limits, then: (3) any such loan charge shall 00 reduced by the amount necessary to reduce the cha.rge to the
permiued limit; and (b) any sums already collected from Borrower which exceeded permiued limits will he
refunded to Borrower. Lender may choose 10 make this refund by reducing the principal owed under *e NOle
or by making <l direct payment to Borrower. If a refund reduces princiPJlI, the reduction will be treated as a
partial prepayment without any prepaymen! charge (whether or nol a prepayment charge is provided for under
the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a
waiver of any right of action Borrower might have arising out of sllch overcharge.
15. Notices. All notic;es given by Borrower or Lender in connection with this Securily Instrument mUSl be
ill writing. Any notice to Borrower in connection with lhis Security fnstrument shall be deemed to have been
given to Borrower when mailed by first class mail or when actually delivered la Borrower's Clotice address if
sent by othcr menl1!;. Notice 10 anyone Borrower shall constitute notice to all Borrowers unlcss Applicable
Law eXllressly requires otherwise, The notice address shalI be the Property Address unless Borrower has
designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of
Borrower's change of address. If Lender specifics <l. procedure fOr reporting Borrower's change of address,
then Borrower shall only report a change of address through that specified procedure. There may be o,nly onc
"
PENNS\'tV,\)~lA.Single Family-F.vmk Mltll'rcddlt MUI: UNtFORM INSTRUMeNT Form 3039 1/01 (page 10 of [4 pages)
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BK I 758 PG I I 4.91
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designated notice address under this Security Instrument at anyone lime. An)' notice to Lendcr slla11 be given
by delivering it or by mailing il by first class mail to Lender's address stated herein unless Lender has
designated another address by notice 10 Borrower. Any notice in connection witlllhis Security InsUUment shall
not be deemed to have been given to Lender unlil actually received by Lender. Ir any noticc rCQuired by tllis
Security Instrument is also required under AppHc.1blc Law, Ihe Applicable Law requirement will &1lisfy the
corresponding requirement under this Security Instrument.
16. Governing Law; Severability; RuJes of Constl1lction. This Security Instrument shan be governed by
federal Jaw and the law of the jurisdiction in whicb the Property is located. AU rights and obligations contailled
in this Security Instrument are subject to any requirements and jinUtations of Applicable Law. Applicable Law
might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall
no! be conslrued as a prohibition against agreement by contract. In the event that any provision or clause of
this Security Instrument Of the Note conflicts with Applicable Law, such conflict shall nOt affect other
provisions oflhis Security Instrument or the Note which can be'giverl effect without the conflicting provision,
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and intlude
the plural and vice versa; and (c) the word ~may" gives sole discretion without any obligation to take any
nction.
17. Borrower's COP)'. Borrower shall be given one eopy of the Note and of this Security lnstrumcnt
18. Transfer of ibe Property or a Beneficial Ibtercst in Borrower. As used in lhis Section l8, '~'ln!eresl
in the Property~ means any legal or beneficial interest in the Property, including, but not limiled to, those
beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow
agreement, the intent of which is the transfer oC title by Borrower at a future date to a purchaser.
If aU or any part of the Property or any Interest in the Properly is sold or transferred (or if Borrower' is not
a natural person and a beneficial interest in Borrower is sold or tmnsferred) without Lender's prior 'written
consent,. Lender may require immediate payment in full of all sums secured by this Security Instrument
However. this option shall not be exerc.ised by Lender if such exercise is prohibited by Applicable Law,
If Lender exercises Ibis option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not leSS than )0 days from the date the notice is given in accordance with Section 15 within
which Bonower must pay aU sums secured by ihis Security Instrument. lfBorrower fails to pay these sums
prior to the e:\pirntion of this period, Lendcr may invoke allY remedies pemliltcd by this Security Jnstnmrent
without further notice or demand on Borrower.
19. Borrower'll Right to Rcil2state After Acceleration. If Borrower meets certain conditions, Borrower
shall have the right lo have enforcement of this Security Instrument discontinued at any time prior 10 1he ~ear1iesl
of: (a) five days before sale of the Propeny pursuant to any power of sale contained in this Security Instrument;
(b) such other period as Applicable Law might specify for (he termination of Borrower's right to reinstate; or
(e) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pay'i
Lemler all sums which then would be due under (his Security Instrument.and the Note as if nO acceleration had
occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incu'rred in
enforcing this Security lnstrumenl, including, but not limiled lo, reasonable auorneys' fees, property inspection
and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and
rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure tbat
Lender's interest in thc Property and rights under this Security Instrumcnt, and Borrower's obligation to pay
the sums secured by {his Securily Instrument, shall continue un<:nangcd. Lcnder may require that Bonower pay
such reinstalement sums and e:\.-penses in one or more of lhe following forms, as selected by Lender: (a) cash;
(b) money order; (c) certified check, baPk check, treasuret's check or cashier's check, provided any such check
is drawn upon ao instituuOll whose deposits are insured by a fedcral .agency, instrumentality or entity; or (d)
Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations seCured
hereby shall rcmain fully effective as if no acceleration had occuned. However, this right 10 reillstate sJmIl not
apply in the case of acceleration under SecHon 18 1
"
Pt~NNSYLVA""'IA..singlc Family-Famtic MacfFretldic Mac UNtFQRM INSTRUMENT Form 3039 1101 (ptlgl.! J 1 of f4~poges)
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BK I 758PG I, 1 SOt
20, Sale of Note; Cbange of LoaD Scrvice.r; Notice of Gdel'aoce. The Note or a partial in1~st in the
Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower.
A sale might result in a change in the entity (known as the "Loan Serviccr~) that collects Periodic Payments
due under the Note and this Security Instrument and pcrfonns other mortgage loan servicing obligations under
the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan
Scrvicer unrelated to a sale of the Note. If (here is a change of lhl: Loan Servicer, Borrower will be given
,,'riUen notice of the change which will srale the name and address of the new Loan Set\'icer, the adnress 10
which payments Sllould be made and any other information RESPA requires in connection wilh a notice of
transfer Qf servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Serviccr other th.an the
purcbaser of the Notc, the mortgage loan servicing obligations to Borrower will remain with tne Loan Setvicer
or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless t>therwise
plovided by the Nt>le purchaser.
Neither Borrower nor Leader may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security
Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of,
this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in
compliance with the requirements of Section 15) of Sl.lch alleged breach and. afforded the other party hereto a
reasonable pcrio<1 after the giving of such notice to take corrective action. If Applicable Law provides a time
period which must elapse before certain aeHon can be taken, ilia! lime period will be deemed to be reasonable
for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant
to Section 22 and the notice of acceleration given to Borrower pursuant to Section J 8 shaH be deemed to salisf)'
the notice and opportunity to take corrcelive action provisions of this Section 20.
21. n.aurdous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substanccs
defined as toxic or hazardous substances, pollutants, or waste$; by Environmcnla] Law and the following
substances: gasoline, kerosene, other t1ammable or lOxic petroleum products, toxic pesticides and herbicides,
volatile solvents. materials containing asbestos or fom\Uldchyde, and radioactive maleria!s; (b) "Environmental
Law" means federal laws anD laws of the jurisdiction where the Property is located thai relate to health, safety
or envirollOlental protection; (c) "Environmclltal Cleanup. includes any response action, remediall:lCtiofl, OJ
rel1loval ~ion, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition
that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borro,,"er shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release aoy Hazardous Substances, on or in the Property. Borrower shal}nol'do, nor
allow anyone else to do, anything affecting the PropcI1y ((I) thai is in violation Qf any Enviromnenlal Law, (b)
which creates an Environmental ConditiQn, or (c) which, due to the presence, use, or release of a Hazardous
SubSlance, creates a condition that adversely affect~ the value of the Property. The preceding two sentences
shall not apply 10 the presence, use, or staTage on the Property of smaU Quantities of Hazardous Substances that
are generally recognized to be appropriate 10 normal residential uses and to maintenance of the Property
(including, but not limitcd 10, hazardous substances in consumer products).
BorrO\~'Cr shnlJ promptly give Lendcr written notice of (8) any investigation, clail1l, demand, lawsuit or
other action by any gov~mmental or regulatory agency or private party involving the Property and any
Hazardous Substance OT Environmental Law of which Borrower has actual knowledge, (b) any Environmental
Condition, including but not limited to, any spilling, leaking, disch.nge, release or threat of release of any
Hazardous Substance, and (c) any condi!ion caused by the presence, use or release of a Hazardous Substance
which adversely affects the value of the Properly. If Borrower learns, or is notified by any governmental or
regulatory authority, or any private party, thai any removal or ather remedi<llion of any Hazardous Substance
affecting the Property is necessary, Borrower shall promptly take all necessary remediaJ Retia>>" in accordance
witb Environmental Law. Nothing herein shill! creatc allY obligation on Lender for an Environmental ~lcallup.
I
PENNSYl.VANlA-Sirtg!o FllmlJy-Prmn\c Ma~rtddl~ lilac UNIFORM INSTRUMENT Form 3039 1101 (page 12 of J4 page.s)
~v
~
BK \ 758 PG \ \ 5\
NON.UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows:
22. Acceleratiol1; Remedies. Lender shall give potice to Borrower prior to acceleration following
Borrower's breach 01 any covenant or agreement in this Stcurity Instrument (but Dot prior to acceleration
under SectiOD 18 unless Applicable Law provides otberwise). Lender shan notifl' Borrower of, amoDg
otber tllings: (a) the default; (b) the actioo required to cure the default; (c) when the default must be
cured; and (d) ,bat f'ajJure to cure the default as speCified may result in acceleration of the sums secured
by this Sceurify Instrument, forl,!(.losure by judicial proceeding and sale of the Property. Lender shall
furtber inform Borrower of the right to reinstate after acceleratioD and the right to assen in tbe
forecmsure proceeding the non-cxistcnce of a default or any other defense of Borrower to acceleration and
foreclOSure. If the default is not cured as specified, Lender at its option may require immediate payment
in fuU of all sums secured by Ibis Security Instrument without further demand and may foreclose tbis
Security Instrument by judicial procecding. Lender shall be entitled to collect aU expenscs incurrecl in
pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs
of title cvideQce to the e1tent permitted by Applicable Law.
23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and
the estate conveyed shall terminate and become void. Ancr such occurrence, Lender shall discharge and satisfy
this Securily Instrument. Borrower shall pay any rlXord.:1tion costs_ Lcndcr may charge Borrower a [ee for
releasing this Security Instrument, but only if the fee is pai.d to a third party for services rendered and tbe
charging orthc rce is permitted under Applicable Law,
24. Waivcrs. Borrower, to the e)t,.1ent pemlittcd by AppIlcable Law, waives and releases any error or
defccts in proceedings to enforce this Security 'nstrument, and hereby waives the bcllefil of any presenl or
future laws providing for stay of execution, extension of lime, exemption from attachment, levy and sale, and
homestead exemption,
25. Rcinstatement Period. Borrower's time to reinstate provided in Section II) shall extend to one hour
prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument
26. Purchase Money Mortgage. If any of !.he debt secured by this Security 111SIrumenl is lent to Borrower
to acquire title to the Property, this Security Instrument shall be a purchase money mongage.
27. Interest Rate After Judgmcnt. Borrower agrees that the intcrest rate payable after a judgment is
entered on the Note or in an action of mortgage foreclosure shall be the tale payable from time to time under
the Nate. I
PENNSYLVANIA-Single rilmily-Faunlc MaelFnddJ.. Mllf UNIFORM INSTRUMeNT Form 3039 I/OI (page 13 of /4 pages)
%'
C(
BK \ 758PG 1152'
BY SIGNING BELOW, Borrower accepts and agrees to the terms and COVeRallts oontained in this Security
Instrument and in any RJder executed by Borrower and recorded with it
(Seal)
Wi\nesscs.
.Bom>wc,
~U~h'- ~~
J IE M. LININGER
(Seal)
--
(Seal)
(Seal)
."""-
.ll:om>Wcr
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On this, the I day of m ("") (1! , ~, before me, the undersigned
officer, personally appeared PAUL K. LININGER aDd NNJE M. LININGER, HUSBAND AND WIFE
, known to mc (or satisfactorily proven) 10 be the person(s) whose name(s) is/are subscribed to the within
instrUment, and ack.nowledged that helshe/they executed the same for the purposes therein contained,
In witness whereof, I hereunlo set my hond and official seal' ) _ I P h
(Seal) __u::rO nJ (I_Ire.
Titie of Officer I
My Commi~sion EXPire~{'~ ~~! ~(X)lo
Typedorpnntedname: ~"_l'l ___ _0)::-1'1010
CERTIFICATE OF RESIDENCE iT~t"'o"'iJ m DE'rt1?Qc, do hereby certify that the correct
address of the wilhin-named lender is 6060 J.A. JONES DRNE, SUITE 1000, CHARLOTtE, NORTH
CAROLINA 28287, witness my hand this \ dayor mn1j ,~.
Agent of Lender.
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NotarialSeal
The<esaM.OoF_.No1aly_
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I'ENNSYLVANIA-Single hmily-FlllUlM Ml\clFreddie Ml\C UNIFORM lNSTIWMENT Funn 3D39 lJ01 (page 14 of /4 pages)
BKJ7S8PGI153
EXHIBIT A
"
ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF SILVER SPRING IN THE COUNTY Of
CUMBERLAND AND COMMONWEALTH Of PENNSYLVANIA, BEING MORE fULLY DESCRIBED IN A fEE
SIMPLE DEED DATED 02/17/1999 AND RECORDED 02123/1999, AMONG THE LAND RECORDS OF'
THE COUNTY AND STATE SET fORTH ABOVE. IN VOLUME 194 PAGE 769,
TAX PARCEL 10: 38.13-0988-002
ADDRESS: 6897 WERTZVILLE ROAD
ENOLA, PA 17025
BK I 7 58 PG \ \ 54
I Certify this to be recorded
In Cumberland County P A
~~~
. Recorder of Deeds
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McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Attorney for Plaintiff
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
v.
PAUL K. LININGER
and
JENNIE M, LININGER
NUMBER 05-3949 CIVIL
MOTION TO ALLOW SERVICE ON THE DEFENDANTS
BY REGULAR MAIL, CERTIFIED MAIL AND POSTING
PURSUANT TO PA RULE OF CIVIL PROCEDURE 430
1. Plaintiff attempted to serve a true and correct copy of
the Complaint in Mortgage Foreclosure upon the Defendant, Paul K.
Lininger, at the Defendants' mortgaged address of 6897 Wertzville
Road, Enola, PA 17025. However, the Sheriff advised that he was
unsuccessful as he was unable to locate the Defendant.
A copy
of the Sheriff's Non Service Return indicating the same is
attached hereto and marked as Exhibit "A."
2. Plaintiff attempted to serve a true and correct copy of
the Complaint in Mortgage Foreclosure upon the Defendant, Paul K.
Lininger, at the Defendants' last-known address of 233 Main
Street, Mechanicsburg, PA 17055. However, the Sheriff advised
that he was unsuccessful as he was unable to locate the
Defendant. A copy of the Sheriff's Non Service Return is
attached hereto and marked as Exhibit "B,"
3. Plaintiff has searched for a forwarding address for
Defendant, and the Post Master has advised that there is no
change of address order on file for the Defendant, Paul K,
Liniger, from the address of 6897 Wertzville Road, Enola, PA
17025 (See Affidavit of Good Faith Investigation attached hereto
and marked Exhibit "C").
4. Plaintiff has made inquiry with the Department of Motor
Vehicles and the Drivers License Search has revealed that the
last known address for the Defendant, Paul K. Lininger is 1183
Shoreham Road, Camphill, PA, however it has been shown to be
an outdated address (See Affidavit of Good Faith Investigation
attached hereto and marked as Exhibit "cn).
5. Plaintiff has made inquiry of creditors who's credit
files show the current address for the Defendant, Paul K,
Lininger at 6897 Wertzville Road, Enola, PA 17025 (See Affidavit
of Good Faith Investigation attached hereto and marked Exhibit
lIell) .
6. Plaintiff has made inquiry of credit information and
the inquiry shows the Defendant's social security number with the
address of 6897 Wertzville Road, Enola, PA 17025 (See Affidavit
of Good Faith Investigation attached hereto and marked Exhibit
"C") ,
7. Plaintiff has investigated the Defendants' Voter
Registration Records, and the Cumberland County Office of Voter
Registration has advised that no voter registration record could
be found (See Affidavit of Good Faith Investigation attached
hereto and marked Exhibit "C").
8, If service cannot be made on the Defendant, Paul K.
Lininger, the Plaintiff will be prejudiced.
WHEREFORE, Plaintiff prays this Honorable Court grant an
Order allowing the Plaintiff to serve the Complaint in Mortgage
Foreclosure, and all other subsequent pleadings that require
personal service, and the Notice of Sheriff's Sale upon the
Defendant, Paul K, Liniger, by regular mail; certified mail,
return receipt requested to 233 Main Street, Mechanicsburg, PA
17055; and by posting at Defendants' mortgaged address known in
this herein action as 6897 Wertzville, PA 17025.
/:N/~~. /;/~~~
TERRENCE J. McCABE, ESQUI E
Attorney for Plaintiff
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Attorney for Plaintiff
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
v.
PAUL K. LININGER
and
JENNIE M. LININGER
NUMBER 05-3949 CIVIL
MEMORANDUM OF LAW
If a resident Defendant has obstructed or prevented service
of process by concealing his whereabouts or otherwise, the
Plaintiff shall have the right of service in such a manner as the
Court by special order shall direct service pursuant to P,R,C,P.
430,
WHEREFORE, Plaintiff prays this service be made.
/;-?'./~de ------T ~~%
TERRENCE J. McCABE, ESQUIRE
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Attorney for Plaintiff
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
v.
PAUL K. LININGER
and
JENNIE M. LININGER
NUMBER 05-3949 CIVIL
CERTIFICATION OF SERVICE
I, Terrence J. McCabe, Esquire, attorney for the Plaintiff,
hereby certify that I served a true and correct copy of the
foregoing petition to Allow Service on the Defendants by Regular
Mail, Certified Mail, and Posting Pursuant to Pa.R.C.P. 430, by
United States Mail, first class, postage prepaid, on the 21st day
of September, 2005, upon the following:
Paul K, Lininger
233 Main Street
Mechanicsburg, PA 17055
~__7'"_?~_ ~~6?./
TERRENCE J. McCABE, ESQUIRE
VERIFICATION
The undersigned, TERRENCE J, McCABE, ESQUIRE, hereby
certifies that he is the attorney for the Plaintiff in the within
action and that he is authorized to make this verification and
that the foregoing facts are true and correct to the best of his
knowledge, information and belief and further states that false
statements herein are made subject to the penalties of 18 PA.C.S.
~4904 relating to unsworn falsification to authorities.
/-;;::::..-".-.."...-<,00<'-""'- ~..--::T. ~~
TERRENCE J. McCABE, ESQUIRE
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2005-03949 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
MORTGAGE ELECTRONIC REGISTRATI
VS
LININGER PAUL K ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
LININGER PAUL K
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
, NOT FOUND , as to
the within named DEFENDANT
, LININGER PAUL K
6897 WERTZVILLE ROAD
ENOLA, PA 17025
PROPERTY AT 6897 WERTZVILLE ROAD ENOLA IS VACANT.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
18.00
12.00
5.00
10.00
.00
45.00
R. Thomas ine
iff of Cumberland County
CCABE WEISBERG CONWAY
09/02/2005
Sworn and subscribed to before me
this
day of
Exhibit A
A.D.
Prothonotary
...
SHERIFF'S 1{t;'l'UKJ.' - NUL rUUM-'
CASE NO: 2005-03949 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
MORTGAGE ELECTRONIC REGISTRATI
VS
LININGER PAUL K ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
LININGER PAUL K
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
, NOT FOUND , as to
the within named DEFENDANT
, LININGER PAUL K
233 MAIN STREET
MECHANICSBURG, PA 17055
DEFENDANT WAS NOT FOUND AT
233 WEST MAIN STREET MECHANICSBURG
sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
8.00
.00
10,00
.00
24.00
County
C BE WEISBERG CONWAY
09/02/2005
Sworn and subscribed to before me
day of
hibit B
this
A.D.
Prothonotary
08/23/05 14:23 FAX 6308335875
PRO\oST ILLI~OIS
141008
SKIP TRACE FINAL REPORT
FILE NO: 96-0426P A
I, Dawn Sopoei. an employee ofProV..,l, Inc. IL # 117-001229 sralel have made due and diligent search and
inquiry to di~over the name and residence oflhe subject personl1Y performing each of the following acts set forth
below.
SUBJECT NAME: PAULK. LININGER
A. INOUffiV OF CREDl1' INFORMATION;
I, SOCIA.L SECURITY NUMBER:
lnquiry shows sfill with address of6897 Wertzville Ro.d, Enola, PA 17025
2. EMPLOYMENT SEARCH:
No current employmo:nt information could be found.
3, INOUIRY OF CREDITORS:
Credit files show cuTTent address of: 6897 WertzViIle Road, Bnola, PA 17025
B. INOUIRY OF TELEPHONE COMPANY:
61
1, DIRECTORY ASSISTANCE SEARCH:
Directory assistance doe.. oot have a listing for 111i, defendant; however there is a listing for
what is bolievcd to be tho spouse of thi, defendant .t the address of 6208 Stanford Court,
Meeluuricsburg, P A 17050. Contact was attempted at the number of 7t 7-796-0796,
messages were left, however there bas not been any re''Pon,e.
C. INOUIRY OF MOTOR VEHICLES DMSlON DEPARTMENT:
1. DRIVERS T.lCENSE SEARCH:
Driver's lieeIlse wa.' listed to the address of 1183 Shoreham Road, Camp Hill, FA
however it has been shown to be an outdated address.
D. FREEDOM OF INFORMATION ACT INOUIRY MADE TO U.S. POSTAl, SERVICE;
Postmaster has not provided further information for the addre,. of 6897 Wertzville Road.
El10la l' A 17025.
F... NATlONWlDE MAS1'ERFILE DEATH SEARCH: No record
F_ OTRER INQUIRES,
No voter registration record could be located.
Contact was attempted at the number listed to whal is believed to be the spouse of this
def""dant at the address listed; however thero bas not been a response. Contact was attempted with relatives;
however there has nOl: been 8 response.
FINAL REsuiXW.I8jJ:'UR~,.~CSBURG' PA 17050
08/23/05 14:23 FAX 6308335875
PROVEST ILLINOIS
6208 STANFORD COURT, MECHANICSBURG, PA 17050.
Dawn Sopoci
ProVost, Inc. IL # 117-001229
977 N. OakIawn Avenue Suite 109
Elmhurst, 1L 60126
~~~~:b an~ ;~rfore on this it
IAL SEAL
HARRIS
:027lJ9i08
Date:.4;s~
I4J009
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C
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.,
: DOCKET NO. 05-3949 CIVIL
Plaintiff
v.
PAUL K. LININGER and JENNIE M. LININGER,
Defendants : PREVIOUSLY ASSIGNED TO: NI A
CERTIFICATE OF COMPLIANCE
I, Matthew J. Eshelman, Esquire, of the firm of Saidis, Shuff, Flower & Lindsay, P.C.,
hereby certify that:
I. Plaintiff, Mortgage Electronic Registration Systems, Inc., is represented by
Philadelphia counsel, licensed in Pennsylvania, who has requested the assistance ofthe undersigned
to assure compliance with local rule and to handle any portion of the matter requiring personal
appearance.
2. Pursuant to C.C.R.P. 208.2(d), concurrence of opposing counsel of record has not
been sought because there is no opposing counsel of record.
3. No judge has had prior significant involvement in the case.
4. Pursuant to C.C.R.P. 208.3(a)(3), it is submitted that the Court can make an ex parte
determination of this matter without further notice, argument or hearing.
Respe
SAID ,
, ~
bmi ,
F OWER & LINDSAY
Date: q \~ ~~\
By:
Matthew J. Es elman, Esquire ID #72655
2109 Market Street, Camp Hill, PA 17011
(717) 737-3405 (fax) 737-3407
':::',
f}\
()
-'n
(:h?
q
, .
I
(51
--'1
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-03949 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MORTGAGE ELECTRONIC REGISTRATI
VS
LININGER PAUL K ET AL
RON KERR
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
LININGER JENNIE M
the
DEFENDANT
at 0930:00 HOURS, on the 27th day of August
, 2005
at 6208 STANFORD COURT
MECHANICSBURG, PA 17055
by handing to
JENNIE LININGER
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:
6.00
8.00
.00
10.00
.00
24.00
.?<"-,..!;:;,<~~,,. .'- 1~ A
? ..-'''''~",":'''''''''' " "~"""-"""..,. "1' .~
R. Thomas Kline
09/02/2005
MCCABE WEISBERG CONWAY
Sworn and Subscribed to before
By:
R-fC:-
Deputy Sheriff
me this
A.D.
day of
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2005-03949 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
MORTGAGE ELECTRONIC REGISTRATI
VS
LININGER PAUL K ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
LININGER PAUL K
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
, NOT FOUND , as to
the within named DEFENDANT
, LININGER PAUL K
6897 WERTZVILLE ROAD
ENOLA, PA 17025
PROPERTY AT 6897 WERTZVILLE ROAD ENOLA IS VACANT.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
18.00
12.00
5,00
10,00
.00
45.00
R. Thomas ine
iff of Cumberland County
CCABE WEISBERG CONWAY
09/02/2005
Sworn and subscribed to before me
this J- ( day of ~~ b..u-
d-o~ A~.~. _.' .
Prothon tary~
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2005-03949 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
MORTGAGE ELECTRONIC REGISTRATI
VS
LININGER PAUL K ET AL
R. Thomas Kline ,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
LININGER JENNIE M
but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
, NOT FOUND , as to
the within named DEFENDANT
, LININGER JENNIE M
6897 WERTZVILLE ROAD
ENOLA, PA 17025
PROPERTY AT 6897 WERTZVILLE ROAD ENOLA IS VACANT.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
6.00
.00
5.00
10.00
,00
21.00
County
CABE WEISBERG CONWAY
09/02/2005
Sworn and subscribed to before me
this
JI
cLan\'
day of ~~~
A'7; t7
U~~
Protho~tary .
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2005-03949 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
MORTGAGE ELECTRONIC REGISTRATI
VS
LININGER PAUL K ET AL
R. Thomas Kline ,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
LININGER PAUL K
but was
unable to locate Him in his bailiwiCK. He therefore returns the
COMPLAINT - MORT FORE
, NOT FOUND , as to
the within named DEFENDANT
, LININGER PAUL K
233 MAIN STREET
MECHANICSBURG, PA 17055
DEFENDANT WAS NOT FOUND AT
233 WEST MAIN STREET MECHANICSBURG
Sheriff's Costs:
DOCKeting
Service
Affidavit
Surcharge
So
. TholTLas Kline
l~ f of Cumberland County
6.00
8.00
.00
10.00
.00
24.00
C BE WEISBERG CONWAY
09/02/2005
Sworn and subscribed to before me
this J { day of 5.e-p~6.1'
J-oOr- A.D/J ~
L'1d
Prothonotary .
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC
v.
PAUL K. LININGER
and
JENNIE M. LININGER
o R D E R
AND NOW, this
2. ~~
I - day of
RECEIVED OCT 062005
fY1
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NUMBER 05-3949 CIVIL
Ochb.....
, 2005,
the Plaintiff is granted leave to serve the Complaint in Mortgage
Foreclosure and all other subsequent pleadings that require
personal service and the Notice of Sheriff's Sale upon the
Defendant, Paul K. Liniger, by regular mail and by certified
mail, return receipt requested to 233 Main Street, Mechanicsburg,
PA 17055, and by posting at the Defendants' last-known address
and the mortgaged premises known in this herein action as 6897
Wertzville Road, Enola, PA 17025,
BY THE COURT:
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RECEIVED OCT 0 \l zoo~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL
: DOCKET NO, 05-3949 CIVIL
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.,
o
"-,
C-:;') 0
i]:1 -n
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Plaintiff
, "
-,1
v.
I
(Jl
PAUL K. LININGER and JENNIE M. LININGER,
Defendants
: PREVIOUSLY ASSIGNED 'tQ:N/4:;
-.... "
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CERTIFICATE OF COMPLIANCE
I, Matthew J, Eshelman, Esquire, of the firm of Saidis, Shuff, Flower & Lindsay, P.C.,
hereby certifY that:
1. Plaintiff, Mortgage Electronic Registration Systems, Inc" is represented by
Philadelphia counsel, licensed in Pennsylvania, who has requested the assistance of the undersigned
to assure compliance with local rule and to handle any portion of the matter requiring personal
appearance.
2, Pursuant to C.C.R.P. 208.2(d), concurrence of opposing counsel of record has not
been sought because there is no opposing counsel of record.
3. No judge has had prior significant involvement in the case.
4. Pursuant to C.eR.p. 208.3(a)(3), it is submitted that the Court can make an ex parte
detennination of this matter without further notice, argument or hearing.
Resp
SAID
OWER & LINDSAY
Date: ~ \dl ~b~
By:
Matthew J, Es elman, Esquire ID #72655
2109 Market Street, Camp Hill, P A 17011
(717) 737-3405 (fax) 737-3407
,
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
v.
PAUL K. LININGER
and
JENNIE M. LININGER
NUMBER 05-3949 CIVIL
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Kindly reinstate the Complaint ln Mortgage Foreclosure in
the above-captioned matter.
~~ --7/ ~~~~;d:'
TERRENCE J. McCABE, ESQUIRE
Attorney for Plaintiff
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McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.
CUMBERALND COUNTY
COURT OF COMMON PLEAS
v.
PAUL K. LININGER
and
JENNIE M. LININGER
NUMBER 05-3949 CIVIL
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA:
SS.
COUNTY OF CUMBERLAND
Terrence J. McCabe, Esquire, being duly sworn according to
law, deposes and says that the following is true and correct to
the best of his knowledge and belief:
1. That he is counsel for the above-named Plaintiff;
2. That on October 24, 2005 per the attached Court Order,
Plaintiff served a true and correct copy of the Complaint in
Mortgage Foreclosure upon the Defendant, Paul K. Lininger, by
regular mail, certificate of mailing and certified mail, return
receipt requested, addressed to his last-known address of 233 Main
Street, Mechanicsburg, PA 17055. True and correct copies of the
letters, certificates of mailing and certified receipts are
attached hereto, made a part hereof, and marked as Exhibit "A."
3. That on October 26, 2005, in accordance with the attached
,
Court Order, Plaintiff served a true and correct copy of the
Complaint in Mortgage Foreclosure upon the Defendant, Paul K.
Lininger by posting the same at the mortgage premises of 6897
Wertzville Road, Enola, PA 17025.
True and correct copy of the
Affidavit of Service indicating the same is attached hereto, made
a part hereof, and marked Exhibit "B."
- 6'-"-
/ ;'. .:~ '.../,,"-;#/ .-:~/~ -' ...;;..-.-;;:;::~.~:;;
TERRENCE J. McCABE, ESQUIRE
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 3' /';01 DAY
OF .,-f.;;-;y,'nl':;Y'/" I 2005
/)l fY JLI(
(Yct1.~S0-~u (Yc~ " ~
NOTARY PUBLIC
COMMO:\l'NEA~ TH OF PENi'J2-YLVANJA
I'JOT Apl,'4L SE:!~L I
Chr:ssanura Shayt' h;m~i!tlfl NO!;3ry Puhilc l
City 0' P'",-, I
My Cornnil_')~:()" "ii j
~
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Attorney for Plaintiff
RECEIVED OCT 0 67nn,
p
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
v.
PAUL K. LININGER
and
JENNIE M. LININGER
NUMBER 05-3949 CIVIL
o R D E R
AND NOW,
this / A. fA
day
of ({)~J
, 2005,
the Plaintiff is granted leave to serve the Complaint in Mortgage
Foreclosure and all other subsequent pleadings that require
personal service and the Notice of Sheriff's Sale upon the
Defendant, Paul K. Liniger, by regular mail and by certified
mail, return receipt requested to 233 Main Street, Mechanicsburg,
PA 17055, and by posting at the Defendants' last-known address
and the mortgaged premises known in this herein action as 6897
Wertzville Road, Enola, PA 17025.
BY THE COURT:
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so that we can retum the card to you.
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or on the troot K space permits.
1. Article ~ to:
A. SIgnature
B. Received by ( Printed Name)
o Agent
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C. Date of DeliveI'Y
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SHERIFF'S RETURN - KcGULAK
CASE NO: 2005-03949 P
J
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MORTGAGE ELECTRONIC REGISTRATI
VS
LININGER PAUL K ET AL
WILLIAM CLINE
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
LININGER PAUL K
the
DEFENDANT
, at 2147:00 HOURS, on the 26th day of October ,2005
at 6897 WERTZVILLE ROAD
ENOLA, PA 17025
by handing to
POSTED PROPERTY AT
6897 WERTZVILLE RD ENOLA
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
posting
Surcharge
18.00
9.60
6.00
10.00
.00
43.60
So Answers:
~a/ ~.
,$~' . - ",' - ~
'f ' >>.z;~,,~p-:;.rt::..$:."'-L j ~
R. Thomas Kline
10/27/2005
MCCABE WEISBERG CONWAY
me this
day of
By: /~/1 V~
r Deputy Sheriff
Sworn and Subscribed to before
A.D.
Prothonotary
Exhibit B
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SHERIFF'S RETURN - REGULAR
CASE NO: 2005-03949 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MORTGAGE ELECTRONIC REGISTRATI
VS
LININGER PAUL K ET AL
WILLIAM CLINE
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
LININGER PAUL K
the
DEFENDANT
, at 2147:00 HOURS, on the 26th day of October ,2005
at 6897 WERTZVILLE ROAD
ENOLA, PA 17025
by handing to
POSTED PROPERTY AT
6897 WERTZVILLE RD ENOLA
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Posting
Surcharge
18.00
9.60
6.00
10.00
.00
43.60
So Answers:
7~q;::<.,:/.< 4~U'
r "
R. Thomas Kline
10/27/2005
MCCABE WEISBERG CONWAY
me this
q"'"
day of
BY:/~,V~
, Deputy Sheriff
Sworn and Subscribed to before
~~fY
A.D.
-
'McCABE, WEISBERG AND CONWAY, p,c.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Mortgage Electronic Registration Systems,
Inc.
Cumberland County
Court of Common Pleas
vs.
Number 05-3949
Paul K. Lininger
Jennie M. Lininger
ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT
TO THE PROTHONOTARY:
Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above.
captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil
Procedure and assess damages as follows:
Principal
Interest from 7/28/05 . 12/5/05
TOTAL
$144,983.15
$ 4.015.15
$148,998.30
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TERRENCE J. McCABE, ESQUIRE
AND NOW, this (.. +lday of G€.C. '
,2005, Judgment is entered in favor of
Plaintiff, Mortgage Electronic Registration Systems, Inc. and against Defendant(s) Paul K.
Lininger and Jennie M. Lininger and damages are assessed in the amount of $148,998.30, plus
interest and costs.
BY THE PROTHONOTARY:
(!~i5~
. McCABE, WEISBERG AND CONWAY, P.c.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Mortgage Electronic Registration Systems,
Inc.
Cumberland County
Court of Common Pleas
vs.
Number 05-3949
Paul K. Lininger
Jennie M. Lininger
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA:
SS.
COUNTY OF CUMBERLAND:
The undersigned, being duly sworn according to law, deposes and says that the Defendant
is not in the Military or Naval Service of the United States or its Allies, or otherwise within the
provisions ofthe Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that
the Defendant(s), Paul K. Lininger, is over eighteen (18) years of age, and resides at 233 Main
Street, Mechanicsburg, PA 17050; and that the Defendant(s), Jennie M. Lininger, is over
eighteen (18) years of age, and resides at 6208 Stanford Court, Mechanicsburg, P A 17050
'-::::>.-, ,,~,"".,~ C. ,/"- .,,/..
TERRENCE J. McCABE, ESQUIRE . '--.
Attorney for Plaintiff
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 5th DAY OF
Dec. , 2005.
N
,
!
,
McCABE, WEISBERG AND CONWAY, P.c.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Mortgage Electronic Registration Systems,
Inc.
Cumberland County
Court of Common Pleas
vs.
Number 05-3949
Paul K. Lininger
Jennie M. Lininger
CERTIFICATION
I certify that the foregoing assessment of damages is for specified amounts alleged to be
due in the Complaint and is calculable as a sum certain from the Complaint.
I certify that written notice of the intention to fIle this Praecipe was mailed or delivered to
the party against whom judgment is to be entered and to the attorney of record, if any, after the
default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. A true
and correct copy ofthe notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is
attached hereto and marked Exhibit "A".
. ----;-./ . 4 ~ " . r:A r Y /;>~ ( /~/(<c---
TERRENCE J. McCABE, ESQUIRE
Attorney for Plaintiff
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 5th DAY OF
Dec. ,2005.
t\O '" W -' 0 'h1- J:Lk1!J'
~~~Y PUBLIC ~
[;;iE;:):;";;':::;:j,;j~i;-'l
VERIFICATION
The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the
attorney for the Plaintiff in the within action and that he is authorized to make this verification
and that the foregoing facts are true and correct to the best of his knowledge, information and
belief and further states that false statements herein are made subject to the penalties of 18
P A.C.S. Section 4909 relating to unsworn falsification to authorities.
/ _ _7' /' (
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TERRENCE J. McCABE, ESQUIRE
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Courthouse, Carlisle, PA 17013
Curt Long
Prothonotary
November 16,2005
To: Paul K. Lininger
233 Main Street
Mechanicsburg, P A 17055
Mortgage Electronic Registration Systems,
Inc.
vs.
Paul K. Lininger
and
Jennie M. Lininger
Cumberland County
Court of Common Pleas
Number 05-3949 Civil Term
NOTICE, RULE 237.5
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
IMPORTANT NOTICE
You ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A
WRITTEN AIPEARANCE PERSONA-LLYORBY ATTORNEY AND FUE IN
WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOU. UNLESS VOU ACT WITHIN TEN (10)
DAYS FROM THE DATE OF TIUS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT AHEARINGAND YOU MAY LOSE YOUR PROPERTY
OR OTHER IMPORT ANT RIGHTS.
You SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF VOU
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, THISOFFICEMA YBEABLE
TO PROVIDE YOUWrTH INFORMA lION ABOUT AGENCIESTIIATMA YOFFER
LEGAL SERVICES TO EUGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A, 17013
800-990-9108
TJM/rda
NOTlFICACION IMPORTANTE
USTED SE ENCUENTRA EN EST ADO DE REBELDIA POR NO HABER
PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA
PERSONAlMENTE 0 POR ABOOADO Y POR NO HABER RADICADO POR
ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS
RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA
ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA. FECHA DE ESTA
NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESlDAD DE
COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR
SENTENCIA EN SU CONTRA Y USTED PODRIA PERnER B1ENES U OTROS
DERECHOS IMPORT ANTES.
USTED LE DEBE TOMAR EsrE PAPEL A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0
TELEFONEA LA OFICINA EXPUSO ABAJO. EST A OFICINA W PUEDE
PROPORCIONAR CON INFORMACI6N ACERCA DE EMPLEAR A UN
ABOOADO.
SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO,
EST A OFICINA PUEDE SER CAP AZ DE PROPORCIONARW CON
INFORMACION ACERCADE LAS AGENCIAS QUE PU~OFRECER LOS
SERVICIOS LEGALES A PERSONAS ELEGIBLES HONORARIO
REDUCIDONININGUNHONORARIO. , ~
Cumberland County Bar A~' ~
2 Liberty A venue
Carlisle,PA, 17013 ~,
800-990,9 \.-,.;
Terrence abe, Esquire
Attorney for Plaintiff
McCABE, WEISBERG & CONWAY, P.c.
123 South Broad Street, Suite 2080
Philadelphia, Peunsylvania 19109
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Courthouse, Carlisle, PA 17013
Curt Long
Prothonotary
November 16, 2005
To: Jennie M. Lininger
6208 Stanford Court
Mechanicsburg, P A 17050
Mortgage Electronic Registration Systems,
Inc.
vs.
Paul K. Lininger
and
Jennie M. Lininger
Cumberland County
Court of Common Pleas
Number 05-3949 Civil Term
NOTICE, RULE 237.5
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
IMPORTANT NOTICE
You ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A
WRllTEN APPEARANCE PERSONAllY OR BY ATIORNEY AND FILE IN
WRITING WIlli THE COURT YOUR DEFENSES OROBJECTIONSiO TIlE
ClAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10)
DAYS FROM THE DA IE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY WSE YOUR PROPERTY
OR OTHER IMPORT ANT RIGHTS.
YOU SHOUll 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 INFORMA nON ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THATMA Y OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
2 Liberty A venue
Carlisle, PA, nOl3
800-990-9108
TJM!rda
NOTIFICACION IMPORTANTE
USTED SE ENCUENTRA EN EST ADO DE REBELDIA POR NO HABER
PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA
PERSONALMENTE 0 POR ABOGADO Y POR NO HABER RADICADO POR
ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS
RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA
ACCION DEBIDA DENTRO DE DIEZ (10) DlAS DE LA FECHA DE ESTA
NOTlFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE
COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DlCTAR
SENTENCIA EN SU CONTRA Y USTED PODRIA PERDERBIENES U omos
DERECHOS IMPORTANTES.
USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO
INMEDlATAMENTE. 51 USTED NO TIENE A UN ABOGADO, VA A 0
TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE
PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN
ABOGADO.
51 USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO,
EST A OFICINA PUEDE SER CAP AZ DE PROPORCIONARLO CON
INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS
SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARlO
REDUCIDO NI NINGUN HONORARIO.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle. P A, 170 l3
800-990,9108
Terrence J. McCabe, Esquire
Attorney for Plaintiff
McCABE, WEISBERG & CONWAY, P.c.
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
OF~CEOFTHEPROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Courthouse, Carlisle, P A 17013
Curt Long
Prothonotary
November 16, 2005
To: Paul K. Lininger
6897 Wertzville Road
Enola, P A 17025
Mortgage Electronic Registration Systems,
Inc.
Cumberland County
Court of Common Pleas
vs.
Paul K. Lininger
and
Jennie M. Lininger
Number 05-3949 Civil Term
NOTICE, RULE 237.5
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
IMPORTANT NOTICE
NOTI~CACION IMPORT ANTE
You ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A
WRITTEN APPEARANCE PERSONALLY OR BY ATIORNEY AND FILE IN
WRITING WITH THE COURT YOUR DEFENSES OR OBJECfIONS TO THE
CLAIMS SET FORTH AGAINST VOU. UNLESS VOU ACT WITHIN TEN (10)
DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY
OR OTHER 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 MAY BE ABLE
TO PROVIDE VOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
USTED SE ENCUENTRA EN ESTADO DE REBELDlA POR NO HABER
PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA
PERSONALMENTE 0 paR ABOGADO Y POR NO HABER RADICADO paR
ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS
RECLAMOS FORMULADOS EN CONTRA SUYO. Ai NO TOMAR LA
ACCION DEBIDA DENTRO DE DIEZ (10) DlAS DE LA FECHA DE ESTA
NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESlDAD DE
COMP ARECER USTED EN CORTE U aiR PREUBA ALGUNA, DlCT AR
SENTENCIA EN SU CONTRA Y USTED POORIA PERDER BIENES U OTROS
DERECHOS IMPORT ANTES.
USTEO LE DEBE TOMAR ESTE PAPEL A SU ABOGAOO
INMEDIATAMENTE. SI USTED NO T1ENE A UN ABOGAOO, VA A 0
TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA La PUEOE
PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN
ABOGADO.
SI USTED NO PUEOE PROPORCIONAR PARA EMPLEAR UN ABOGADO,
ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON
INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS
SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO
REOUClDO NI NINGUN HONORARIO.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A. 17013
800-990-9108
Cumberland County Bar Association
2 Liberty A venue
Carlisle, PA, 17013
800,990-9108
Terrence J. McCabe, Esquire
Attorney for Plaintiff
McCABE, WEISBERG & CONWAY, P.c.
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
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OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013
Curtis R. Long
Prothonotary
To: Paul K. Lininger
233 Main Street
Mechanicsburg, P A 17050
Mortgage Electronic Registration Systems,
Inc.
Cumberland County
Court of Common Pleas
vs.
Number 05-3949
Paul K. Lininger
Jennie M. Lininger
NOTICE
Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the
above proceeding as indicated below.
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c'tr'tis R. L()P}
Pr()thonotary
Judgment by Default
/ ;<./t.z. /OS
Money Judgment
Judgment in Replevin
Judgment for Possession
rfyou have any questions concerning this Judgment, please call
Terrence J. McCabe. Esquire at (215) 790-1010.
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013
Curtis R. Long
Prothonotary
To: Jennie M. Lininger
6208 Stanford Court
Mechanicsburg, P A 17050
Mortgage Electronic Registration Systems,
Inc.
Cumberland County
Court of Common Pleas
vs.
Number 05-3949
Paul K. Lininger
Jennie M. Lininger
NOTICE
Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the
above proceeding as indicated below.
il .~1
y~t
Curtis R. LOn f;
Prothonotary
Judgment by Default
1:1./1..,/05
Money Judgment
Judgment in Replevin
Judgment for Possession
If you have any questions concerning this Judgment, please call
Terrence J. McCabe. Esquire at (215) 790-1010.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL DIVISION
FILE NO.: 05-3949 Civil Term
Mortgage Electronic Registration Systems, Inc.
v.
AMOUNT DUE: $148,998.30
Paul K. Lininger
Jennie M. Lininger
INTEREST: from 12/6/05 - 3/8/06
$2277.57 at $24.49 Per Diem
ATTY'S COMM.:
COSTS:
TO THE PROTHONOTARY OF SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding
fIled pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
PRAECIPE FOR EXECUTION
Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs
upon the following described property ofthe defendant( s)
6897 Wertzville Road. Enola. P A 17025
(More fully described as attached)
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as
above, directing attachment against the above-named garnishee(s) for the following property (if real estate,
supply six copies of the description; supply four copies oflengthy personalty list)
and all other property ofthe defendant(s) in the possession, custody or control of the said garnishee(s).
(Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the
defendant(s) described in the attached exhibit.
DATE:
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Signature: .--'-- ~/ /~,- _ /~ (,/;" /, /Y:-
Print Name: TERRENCE J. McCABE, ESQUIRE
Address: 123 S. Broad Street. Suite 2080
Philadelphia. PA 19109
Attorney for: Plaintiff
Telephone: (215) 7901010
Supreme Court ID No. 16496
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-3949 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 PAUL K. LININGER AND JENNIE M. LININGER
(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 attacIunent has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attacIunent 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 $148,998.30
L.L. $.50
Interest FROM 12/6/05 - 3/8/06 -- $2,277.57 AT $24.49 PER DIEM
Atty's Comm % Due Prothy $1.00
Atty Paid $239.60 Other Costs
Plaintiff Paid
Date: DECEMBER 6, 2005
?lh~~
Prothonotary / (J
(Seal)
By:
Deputy
REQUESTING PARTY:
Name TERRENCE J. MCCABE, ESQUIRE
Address: 123 S. BROAD STREET, SUITE 2080
PHILADELPHIA, PA 19109
Attorney for: PLAINTIFF
Telephone: 215-790-1010
Supreme Court ID No. 16496
~
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
215 790-1010
Mortgage Electronic Registration Systems, COURT OF COMMON PLEAS
Inc.
v. Cumberland COUNTY
Paul K. Lininger and Jennie M. Lininger
Number 05-3949 Civil Term
AFFIDAVIT PURSUANT TO RULE 3129
I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of
the date the Praecipe for the Writ of Execution was filed the following information concerning
the real property located at: 6897 Wertzville Road, Enola, P A 17025 (Tax Parcel #38-13-0988-
002), a copy of the description of said property is attached hereto and marked as Exhibit "A."
1. Name and address of Owners or Reputed Owners:
Name
Address
Paul K. Lininger
233 Main Street
Mechanicsburg, P A 17055
6208 Stanford Court
Mechanicsburg, P A 17050
Jennie M. Lininger
2. Name and address of Defendants in the judgment:
Name
Address
Jennie M. Lininger
233 Main Street
Mechanicsburg, PA 17055
6208 Stanford Court
Mechanicsburg, P A 17050
Paul K. Lininger
3. Name and last known address of every judgment creditor whose judgment is a
record lien on the real property to be sold:
Name
Address
Plaintiff herein
4. Name and address of the last recorded holder of every mortgage of record:
Name
Address
Plaintiff herein.
5. Name and address of every other person who has any record lien on the property:
Name
Address
None
6. Name and address of every other person who has any record interest in the
property which may be affected by the sale:
Name
Address
None
7. Name and address of every other person of whom the plaintiff has knowledge who
has any interest in the property which may be affected by the sale:
Name
Address
Tenants
6897 Wertzville Road, Enola, PA
170251035
Domestic Relations
Cumberland County
Commonwealth of Pennsylvania
Commonwealth of Pennsylvania
Inheritance Tax Office
P.O. Box 320
Carlisle, P A 17013
Department of Public Welfare
P.O. Box 2675
Harrisburg, PAl 7105
1400 Spring Garden Street
Philadelphia, PA 19130
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Department of Public Welfare
TPL Casualty Unit Estate
Recovery Program
Internal Revenue Service
6th Floor, Strawberry Square
Department #280601
Harrisburg, PA 17128
Willow Oak Building
P.O. Box 8486
Harrisburg, PA 17105-8486
Technical Support Group,
William Green Federal Bldg.
Room 3259, 600 Arch Street
Philadelphia, PA 19106
I verifY that the statements made in this Affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties ofl8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
December 5, 2005
DATE
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TERRENC'E J. McCABE, ESQUIRE
Attorney for Plaintiff
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McCABE, WEISBERG AND CONWAY, P.c.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Nnmber 16496
123 South Broad Street, Suite 2080
Philadelphia, PAl 91 09
(215) 790-1010
Attorney for Plaintiff
,
Mortgage Electronic Registration Systems,
Inc.
Cumberland County
Court of Common Pleas
vs.
Number 05-3949
Paul K. Lininger
Jennie M. Lininger
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Paul K. Lininger
233 Main Street
Mechanicsburg, PAl 7050
Jennie M. Lininger
6208 Stanford Court
Mechanicburg, P A 17050
Your house (real estate) at 6897 Wertzville Road, Enola, PA 17025 (Tax Parcel #38-13-
0988-002), is scheduled to be sold at Sheriff's Sale on March 8, 2006 at 10:00 a.m. in the
Commissioner's Hearing Room located on the 2nd Floor ofthe Cumberland County Courthouse,
1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of
$148,998.30 obtained by Mortgage Electronic Registration Systems, Inc. against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
I. The sale will be canceled if you pay to Mortgage Electronic Registration Systems,
Inc., the back payments, late charges, costs, and reasonable attorney's fees due.
To find out how much you must pay, you may call Terrence J. McCabe, Esquire
at (215) 790-1010.
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 the following notice on how to obtain an attorney.)
""
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY
AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
,
I. Ifthe Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010.
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 Sheliffthe full amount due on the
sale. To find out if this has happened, you may call TelTence J. McCabe, Esquire at (215)
790-1010.
4. rfthe 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 a 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. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff
not later than 30 days after sale. Distribution will be made in accordance with the
schedule unless exceptions are filed thereto within 10 days after the fIling of the
schedule.
7 . You may also have other rights and defenses, or ways of getting your real estate 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.. 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.
LAWYER REFERRAL SERVICE
COUNTY
COURT ADMINISTRATOR
4TH FLOOR..
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYL VANIA 17013
(717) 240-6200
OR
CUMBERLAND
BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, P A 17013
(717) 249-3166
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LEGAL DESCRIPTION
ALL THAT CERTAIN TRACT OF LAND SITUATE IN SILVER SPRING TOWNSHIP,
CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND
DESCRIBED IN ACCORDANCE WITH SURVEY AND PLAN THEREOF MADE BY
ERNEST J. WALKER, PROFESSIONAL ENGINEER, DATED AUGUST 20, 1966,
AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTER LINE OF PENNSYLVANIA STATE
HIGHWAY ROUTE NO. 944 LEADING FROM ENOLA TO STERRETTS GAP, KNOWN
AS WERTZVILLE ROAD, AT LANDS NOW OR FORMERLY OF CHARLES M.
LOVENDUSKY AND WIFE; THENCE ALONG SAID LAST MENTIONED LANDS SOUTH
TWO DEGREES TWENTY MINUTES WEST THREE HUNDRED (300) FEET TO AN
IRON PIN AT OTHER LANDS NOW OR FORMERLY OF LAWRENCE L. BROWN AND
RUTH C. BROWN, HIS WIFE; THENCE ALONG SAID LAST MENTIONED LANDS
NORTH EIGHTY EIGHT DEGREES THIRTY SIX MINUTES WEST TWO HUNDRED
(200) FEET TO A POINT AT LANDS OF GEORGE C. MOORE AND DOROTHY R.
MOORE, HIS WIFE; THENCE ALONG SAID LAST MENTIONED LANDS NORTH TWO
DEGREES TWENTY MINUTES EAST TWO HUNDRED NINETY NINE AND FIFTY
THREE IlUNVREDTHS(299.53) FEET TO THE CENTER LINE OF PENNSYLVANIA
STAT HIGHWAY NO. 944, LEADING FROM ENOLA TO STERRETTS GAP, WHICH
POINT IS TWO HUNDRED NINETY ONE AND SIXTY TWO HUNDREDTHS (291.62)
FEET EAST OF THE CENTER LINE OF SAMPLE'S BRIDGE ROAD; THENCE
ALONG SAID CENTER LINE OF SAID HIGHWAY SOUTH EIGHTY EIGHT DEGREES
FORTY FOUR MINUTES EAST TWO HUNDRED (200) FEET (INCORRECTLY
IDENTIFIED AS ONE HUNDRED (100) FEET TO PRIOR DEEDS) TO THE PLACE
OF BEGINNING.
UNDER AND SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS,
CONDITIONS AND RIGHTS OF WAY OF RECORD.
BEING KNOWN AS 6897 Wertzville Road, Eno1a, PA 17025
Being the same premises which Jennie M. Lininger, by deed dated the 2/17/1999, and recorded
2/23/1 999 in the Office of the Recorder in and for Cumberland County in Deed Book 194, Page 769,
granted and conveyed to Paul K. Lininger and Jennie M. Lininger, in fee.
TAX MAP PARCEL NUMBER: 38-13-0988-002
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
215 790-1010
Mortgage Electronic Registration Systems, COURT OF COMMON PLEAS
Inc.
v. Cumberland COUNTY
Paul K. Lininger and Jennie M. Lininger
Number 05-3949 Civil Tenn
AFFIDAVIT PURSUANT TO RULE 3129
I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of
the date the Praecipe for the Writ of Execution was fIled the following information concerning
the real property located at: 6897 Wertzville Road, Enola, PA 17025 (Tax Parcel #38-13-0988-
002), a copy of the description of said property is attached hereto and marked as Exhibit "A."
1. Name and address of Owners or Reputed Owners:
Name
Address
Jennie M. Lininger
233 Main Street
Mechanicsburg, PA 17055
6208 Stanford Court
Mechanicsburg, P A 17050
Paul K. Lininger
2. Name and address of Defendants in the judgment:
Name
Address
EXHIBIT A
Paul K. Lininger
233 Main Street
Mechanicsburg, P A 17055
6208 Stanford Court
Mechanicsburg, P A 17050
Jennie M. Lininger
3. Name and last known address of every judgment creditor whose judgment is a
record lien on the real property to be sold:
Name
Address
Plaintiff herein
4. Name and address of the last recorded holder of every mortgage of record:
Name
Address
Plaintiff herein.
5. Name and address of every other person who has any record lien on the property:
Name
Address
None
6. Name and address of every other person who has any record interest in the
property which may be affected by the sale:
Name
Address
None
7. Name and address of every other person of whom the plaintiff has knowledge who
has any interest in the property which may be affected by the sale:
Name
Address
Tenants
6897 Wertzville Road, Enola, PA
170251035
Domestic Relations
Cumberland County
Commonwealth of Pennsylvania
Commonwealth of Pennsylvania
Inheritance Tax Office
P.O. Box 320
Carlisle, PA 17013
Department of Public Welfare
P.O. Box 2675
Harrisburg, PA 17105
1400 Spring Garden Street
Philadelphia, P A 19130
EXHIBIT A
.~
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Department of Public Welfare
TPL Casualty Unit Estate
Recovery Program
Internal Revenue Service
6th Floor, Strawberry Square
Department #280601
Harrisburg, PA 17128
Willow Oak Building
P.O. Box 8486
Harrisburg, P A 17105-8486
Technical Support Group,
William Green Federal Bldg.
Room 3259, 600 Arch Street
Philadelphia, P A 19106
I verifY that the statements made in this Affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating~1p unsworn falsification to authorities.
//
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January 6, 2006 ,/-l/
DATE TERRE CE J. McCABE, ESQUIRE
Attorney for Plaintiff
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EXHIBIT A
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McCABE, WEISBERG AND CONWAY, P.c.
~BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Attorney for Plaintiff
Mortgage Electronic Registration Systems,
Inc.
Cumberland County
Court of Common Pleas
vs.
Number 05-3949
Paul K. Lininger
Jennie M. Lininger
DATE: January 6, 2006
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
OWNER(S): Paul K. Lininger and Jennie M. Lininger
PROPERTY: 6897 Wertzville Road, Enola, PAl 7025
IMPROVEMENTS: Residential Dwelling
The above-captioned property is scheduled to be sold at the Sheriffs Sale on March 8, 2006. at
10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland
County Courthouse, J Courthouse Square. Carlisle, Pennsylvania 17013. Our records indicate
that you may hold a mortgage or Judgments and liens on, and/or other interests in the property
which will be extinguished by the sale. You may wish to attend the sale to protect your interests.
A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later
than 30 days after sale. Distribution will be made in accordance with the schedule unless
exceptions are filed thereto within lO days after the filing of the schedule.
EXHIBIT B
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McCABE, WEISBERG AND CONWAY, P.c.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Mortgage Electronic Registration Systems,
Inc.
Cumberland County
Court of Common Pleas
vs.
Number 05-3949
Paul K. Lininger
Jennie M. Lininger
AFFIDAVIT OF SERVICE
I. Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter. hereby
certify that on the 6th day of January 2006, a true and correct copy of the Notice of Sheriffs Sale
of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to
3129 which is attached hereto as Exhibit "A",
Copies of the letter and certificate of mailing are also attached hereto, made a part hereof
and marked as Exhibit "B."
../
/ I
I
TERRENCE i McCABE, ESQUIRE
;Attorney for Plaintiff
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 6th DAY OF
Ii"!" 2006 ~ .0 .
~~:lCt c 'I:~'j~ !I~
NOTARY PUBLIC
COMMONWEALTH Oft ~t;Nt'>4I'fi.,VA IA
NOTARIAL SEAL
Chnssandra Shaye Hamilton. Notary Public
City of Philadelphia Phlla, County
My Com!'].issi~~.~~e:~~~~uary 4, 2009
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McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
v.
PAUL K. LININGER
and
JENNIE M. LININGER
NUMBER 05-3949 CIVIL
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA:
SS.
COUNTY OF PHILADELPHIA:
Terrence J, McCabe, Esquire, being duly sworn according to
law, deposes and says that the following is true and correct to
the best of his knowledge and belief:
1. That he is counsel for the above-named Plaintiff;
2. That on December 6, 2005 per the attached Court Order,
Plaintiff served a true and correct copy of the Notice of Sheriff's
Sale upon the Defendant, Paul K. Lininger, by regular mail,
certificate of mailing and certified mail,
return receipt
requested, addressed to his last-known address of 233 Main Street,
Mechanicsburg, PA 17055.
True and correct copies of the letter,
certificate of mailing and certified receipt are attached hereto,
made a part hereof, and marked as Exhibit "A."
3. That on December 30, 2005, in accordance with the
.
attached Court Order, Plaintiff served a true and correct copy of
the Notice of Sheriff's Sale upon the Defendant, Paul K. Lininger
by posting the same at the mortgage premises of 6897 Wertzville
Road, Enola, PA 17025. True and correct copy of the Affidavit of
Service indicating the same is attached hereto, made a part hereof,
and marked Exhibit "B."
\~j_" 21"
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J.'~cc Bk: i
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C ...\ \ I.
ESQUIRE
TERRENCE
SWORN TO AND SUBSCRIBED
BEFORE ME THIS t r!.---uAY
OF FEBRUARY, 2006.
r
C h~{'JSQnd;o ,~~(' /{wu/~
NOTARY PUBLIC
COMMONWEALTH OF PENNSYLVANIA.
NOTARIAL SEAL I
Chnssandra Shaye Hamilton, Notary Public ,
City of Philadelphia Phila County i
'I ...__~I~_?~rnJ.S_~!..O~l"_~"e~feSjal:_l!..~rI~' 200~._._,.
.
RECEIVED OCT 06 700y
Attorney for Plaintiff
McCABE, WEISBERG AND CONWAy, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
v.
PAUL K. LININGER
and
JENNIE M. LININGER
NUMBER 05-3949 CIVIL
o R D E R
AND NOW,
this J J.th
of (f)~J
, 2005,
day
the Plaintiff is granted leave to serve the Complaint in Mortgage
Foreclosure and all other subsequent pleadings that require
personal service and the Notice of Sheriff's Sale upon the
Defendant, Paul K. Liniger, by regular mail and by certified
mail, return receipt requested to 233 Main Street, Mechanicsburg,
PA 17055, and by posting at the Defendants' last-known address
and the mortgaged premises known in this herein action as 6897
Wertzville Road, Enola, PA 17025.
BY THE COURT:
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U.S. Postal Service,..,
CERTIFIED MAIL. RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
,..,
o
o Return Receipt Fee
o (Endorsement Required)
[;:] Restricted Delivery Fee
[T" (Endorsement Required)
m
o
Certified Fee
Posbn"'"
Here
Total Postage & Fees $ "~'. "~~~\,:\.../
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Ul BentTo .i2 .
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al
December 6, 2005
Paul K. Lininger
6897 Wertzville Road
Enola, P A 17025
LAW OFFICES
EISBERG & CONWAY, P.c.
SUITE 2080
3 SOUTH BROAD STREET
ELPHIA. PENNSYLVANIA 19109
(215) 790-1010
FAX (215)790-1274
SUITE 600
216 HADDON AVENUE
WESTMONT. NJ 08108
(856) 858-7080 '
FAX (856) 858-7020
SUITE 205
53 WEST 36" STREET
NEW YORK, NY 10018
(917)351-1188
FAX (917) 351-0363
JOSEPH F. RIGA'
Of Counsel
Re: Mortgage Electronic Registration Systems, Inc. v. Paul K. Lininger and Jennie M. Lininger
CUMBERLAND COUNTY C.C.P. NUMBER 05-3949 Civil Term
Dear Paul K. Lininger
Enclosed please find a true and correct copy of a Notice of Sheriffs Sale regarding the above-captioned
matter.
TJM!
Enclosures
SENT VIA REGULAR MAIL AND
CERTIFIED MAIL NUMBER
RETURN RECEIPT REQUESTED
7005 0390 0001 4785 7561
Very truly yours,
~'-<--, J. /h' ~
TERRENCE J. McCABE
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Mortgage Electronic Registration
Systems, Inc.
VS
Paul K. Lininger and Jennie M. Lininger
The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2005-3949 Civil Term
William Cline, Deputy Sheriff, who being duly sworn according to law, states that
on December 30, 2005 at 8:35 o'clock PM, he served a true copy of the within Real
Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon
the within named defendant, to wit: Paul K. Lininger, pursuant to order of court, by
posting the premises located at 689'7 WertzviUe Road, Enola, Cumberland County,
Pennsylvania, according to law.
Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states
that on January 17,2006 at 7:19 o'clock PM, he served a true copy of the within Real
Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon
the within named defendant, to wit: Jennie M. Lininger, by making known unto Jennie
Lininger, personally, at 6208 Stanford Court, Mechanicsburg, Cumberland County,
Pennsylvania, its contents and at the same time handing to her personally the said true
and correct copy of the sanle.
Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that
on January 06, 2006 at 11:08 o'clock A.M., he posted a true copy of the within Real
Estate Writ, Notice, Poster and Description, in the above entitled action, upon the
property of Paul K. Lininger and Jennie M. Lininger, located at 6897 Wertzville Road,
Enola, 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: Paul K. Lininger, by regular mail to his last known address of 1550
Williams Grove Road, Lot 68A, Mechanicsburg, P A 17055. This letter was mailed under
the date of January 17,2006 and never returned to the Sheriffs Office.
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: Jennie M. Lininger, by regular mail to her last known address of 6208
Stanford Court, Mechanicsburg, P A 17050. This letter was mailed under the date of
January 18,2006 and never returned to the Sheriffs Office.
This _ day of
~~~~-q:
R. Thomas Kline, Sheriff
~~I ~~t~~~~ 4; ~j!
~i ~
1/;
iT
Sworn and subscribed to before me
2006, A.D.
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COMMONWEALTH OF PENNSYI"V ANIA
COUNTY OF CUMBERLAND
}SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriffs Deed in which Kenneth A Curtin amd Crystal Hansell is the grantee the same having been
sold to said grantee on the 8th day of March A.D., 2006, under and by virtue of a writ Execution issued
on the 6th day of Dec, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term,
2005 Number 3949, at the suit of Mortgage Electronic Registration Svstems Inc against Pari K Lininger
& Jennie M is duly recorded in Deed Book No. 274, Page 272.
IN TESTIMONY WHEREOF, I have hereunto set my hand
7f;-
and seal of said office this / r day of
,A.D.dtJtJ t
Mr
Recorder of Deeds
Clo..~"'=c.-.M
ElrI*W thlI FlIII III. il4Ul
"
.
Mortgage Electronic Registration
Systems, Inc.
VS
Paul K. Lininger and Jennie M. Lininger
The Court of Cornmon Pleas of
Cumberland County, Pennsylvania
Writ No. 2005-3949 Civil Term
William Cline, Deputy Sheriff, who being duly sworn according to law, states that
on December 30, 2005 at 8:35 o'clock PM, he served a true copy of the within Real
Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon
the within named defendant, to wit: Paul K. Lininger, pursuant to order of court, by
posting the premises located at 6897 Wertzville Road, Enola, Cumberland County,
Pennsylvania, according to law.
Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states
that on January 17, 2006 at 7:19 o'clock PM, he served a true copy of the within Real
Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon
the within named defendant, to wit: Jennie M. Lininger, by making known unto Jennie
Lininger, personally, at 6208 Stanford Court, Mechanicsburg, Cumberland County,
Pennsylvania, its contents and at the same time handing to her personally the said true
and correct copy of the same.
Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that
on January 06, 2006 at 11 :08 o'clock A.M., he posted a true copy of the within Real
Estate Writ, Notice, Poster and Description, in the above entitled action, upon the
property of Paul K. Lininger and Jennie M. Lininger, located at 6897 Wertzville Road,
Enola, 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
marmer: The Sheriff mailed a notice of the pendency of the action to the within named
defendant, to wit: Paul K. Lininger, by regular mail to his last known address of 1550
Williams Grove Road, Lot 68A, Mechanicsburg, P A 17055. This letter was mailed under
the date of January 17, 2006 and never returned to the Sheriffs Office.
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
marmer: The Sheriff mailed a notice of the pendency of the action to the within named
defendant, to wit: Jennie M. Lininger, by regular mail to her last known address of 6208
Stanford Court, Mechanicsburg, P A 17050. This letter was mailed under the date of
January 18, 2006 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that
after due and legal notice had been given according to law, he exposed the within
described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland
County, Pennsylvania on March 08, 2006 at 10:00 o'clock A.M. He sold the same for the
sum of $115,000.00 to Crystal Hansell for Kenneth A. Curtis and Crystal Hansell. It
being the highest bid and best price received for the same, Kenneth A. Curtis and Crystal
Hansell of 151 W oodridge Cricle, Shermansdale, P A 17090, being the buyers in this
execution, paid to SheriffR. Thomas Kline the sum of$120,304.20.
Sheriffs Costs:
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
Law Library
Prothonotary
Mileage
Certified Mail
Levy
Surcharge
Posting
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriffs Deed
$30.00
2,300.00
15.00
15.00
30.00
10.00
.50
1.00
28.16
7.32
15.00
30.00
6.00
437.00
348.80
21.05
25.00
39.50
$3,359.33
Sworn and subscribed to before me
2006,A.D.
so~' ~
~ ',.,~ '-4
R. Thomas Kline, Sheriff
BY "'^AII ,f-w,',fL
Rea~
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McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
215 790-1010
Mortgage Electronic Registration Systems, COURT OF COMMON PLEAS
Inc.
v. Cumberland COUNTY
Paul K. Lininger and Jennie M. Lininger
Number 05-3949 Civil Term
AFFIDAVIT PURSUANT TO RULE 3129
I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of
the date the Praecipe for the Writ of Execution was filed the following information concerning
the real property located at: 6897 Wertzville Road, Enola, PA 17025 (Tax Parcel #38-13-0988-
002), a copy of the description of said property is attached hereto and marked as Exhibit "A."
I. Name and address of Owners or Reputed Owners:
. Name
Paul K. Lininger
Address
233 Main Street
Mechanicsburg, P A 17055
6208 Stanford Court
Mechanicsburg, P A 17050
Jennie M. Lininger
2. Name and address ofDefendllnts in the judgment:
Name
Address
Paul K. Lininger
233 Main Street
Mechanicsburg, P A 17055
6208 Stanford Court
Mechanicsburg, P A 17050
Jennie M. Lininger
^
.-
3. Name and last known address of every judgment creditor whose judgment is a
record lien on the real property to be sold:
Name
Plaintiff herein
Address
4. Name and address of the last recorded holder of every mortgage of record:
Name
Address
Plaintiff herein.
5. Name and address of every other person who has any record lien on the property:
Name
Address
None
6. Name and address of every other person who has any record interest in the
property which may be affected by the sale:
Name
Address
None
7. Name and address of every other person of whom the plaintiff has knowledge who
has any interest in the property which may be affected by the sale:
Tenants
Address
6897 Wertzville Road, Enola, PA
170251035
Name
Domestic Relations
Cumberland County
Commonwealth of Pennsylvania
P.O. Box 320
Carlisle, P A 17013
Department of Public Welfare
P.O. Box 2675
Harrisburg, PA 17105
1400 Spring Garden Street
Philadelphia, PA 19130
Commonwealth of Pennsylvania
Inheritance Tax Office
,
Commonwealth of Pennsylvania .,
Bureau of Individual Tax
Inheritance Tax Division
Department of Public Welfare
TPL Casualty Unit Estate
Recovery Program
Internal Revenue Service
6th Floor, Strawberry Square
Department #280601
Harrisburg, P A 17128
Willow Oak Building
P.O. Box 8486
Harrisburg, PA 17105-8486
Technical Support Group,
William Green Federal Bldg.
Room 3259, 600 Arch Street
Philadelphia, PA 19106
I verifY that the statements made in this Affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
December 5, 2005
DATE
./- . " ;; /
L ..~!~~~~i. ~:~ABE, ~~QUIRE
Attorney for Plaintiff
'. i
J L~ \ ..1' ~ I.;
McCABE, WEISBERG AND q)NW AY, P.C.,
BY: TERRENCE J. McCABE, ESQUIRE .
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
-
,
Mortgage Electronic Registration Systems,
Inc.
Cumberland County
Court of Common Pleas
vs.
Number 05-3949
Paul K. Lininger
Jennie M. Lininger
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Paul K. Lininger
233 Main Street
Mechanicsburg, P A 17050
Jennie M. Lininger
6208 Stanford Court
Mechanicburg, P A 17050
Your house (real estate) at 6897 Wertzville Road, Enola, PA 17025 (Tax Parcel #38-13-
0988-002) , is scheduled to be sold at Sheriffs Sale on March 8, 2006 at 10:00 a.m. in the
Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse,
1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of
$148,998.30 obtained by Mortgage Electronic Registration Systems, Inc. against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be canceled if you pay to Mortgage Electronic Registration Systems,
Inc., the back payments, late charges, costs, and reasonable attorney's fees due.
To find out how much you must pay, you may call Terrence J. McCabe, Esquire
at (215) 790-1010.
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 the following notice on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY
AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF"S 8.ALE DOES TAKE PLACE
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010.
2. You may be able to petition the Court to set aside the sale ifthe 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 on the
sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215)
790-1010.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of
the property as ifthe sale never happened.
5 . You have a 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. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff
not later than 30 days after sale. Distribution will be made in accordance with the
schedule unless exceptions are filed thereto within 10 days after the filing of the
schedule.
7. You may also have other rights and defenses, or ways of getting your real estate 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. GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGmLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE OR
COUNTY
COURT ADMINISTRATOR
4TH FLOOR,
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYL VANIA 17013
(717) 240-6200 \H,.' J b J: 3 r
CUMBERLAND
BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, P A 17013
(717) 249-3166
LEGAL DESCRIPTION
ALL THAT CERTAIN TRACT OF LAND SITUATE IN SILVER SPRING TOWNSHIP,
CUMBERLAND COUNTY, P~NNSYLVANIA, MORE PARTICULARLY BOUNDED AND
DESCRIBtD .IN ACCORDANCE WITH SURVEY AND PLAN THEREOF MADE BY
ERNEST J. WALKER, PROFESSIONAL ENGINEER, DATED AUGUST 20, 1966,
AS FOLLOWS,
BEGINNING AT A POINT ON THE CENTER LINE OF PENNSYLVANIA STATE
HIGHWAY ROUTE NO. 944 LEADING FROM ENOLA TO STERRETTS GAP, KNOWN
AS WERTZVILLE ROAD, AT LANDS NOW OR FORMERLY OF CHARLES M.
LOVENDUSKY AND WIFE; THENCE ALONG SAID LAST MENTIONED LANDS SOUTH
TWO DEGREES TWENTY MINUTES WEST THREE HUNDRED (300) FEET TO AN
IRON PIN AT OTHER LANDS NOW OR FORMERLY OF LAWRENCE L. BROWN AND
RUTH C. BROWN, HIS WIFE; THENCE ALONG SAID LAST MENTIONED LANDS
NORTH EIGHTY EIGHT DEGREES THIRTY SIX MINUTES WEST TWO HUNDRED
(200) FEET TO A POINT AT LANDS OF GEORGE C. MOORE AND DOROTHY R.
MOORE, HIS WIFE; THENCE ALONG SAID LAST MENTIONED LANDS NORTH TWO
DEGREES TWENTY MINUTES EAST TWO HUNDRED NINETY NINE AND FIFTY
THREE HUNDREDTHS (299 . 53) FEET TO THE CENTER LINE OF PENNSYLVANIA
STAT HIGHWAY NO. 944, LEADING FROM ENOLA TO STERRETTS GAP, WHICH
POINT IS TWO HUNDRED NINETY ONE AND SIXTY TWO HUNDREDTHS (291.62)
FEET EAST OF THE CENTER LINE OF SAMPLE'S BRIDGE ROAD; THENCE
ALONG SAID CENTER LINE OF SAID HIGHWAY SOUTH EIGHTY EIGHT DEGREES
FORTY FOUR MINUTES EAST TWO HUNDRED (200) FEET (INCORRECTLY
IDENTIFIED AS ONE HUNDRED (100) FEET TO PRIOR DEEDS) TO THE PLACE
OF BEGINNING.
UNDER AND SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS,
CONDITIONS AND RIGHTS OF WAY OF RECORD.
BEING KNOWN AS 6897 Wertzville Road, Enola, PA 17025
Being the same premises which Jennie M. Lininger, by deed dated the 2/17/1999, and recorded
2/23/1999 in the Office of the Recorder in and for Cumberland County in Deed Book 194, Page 769,
granted and conveyed to Paul K. Lininger and Jennie M. Lininger, in fee.
TAX MAP PARCEL NUMBER: 38-13-0988-002
WRIT OF lXECUTION and!or A TT ACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-3949 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 PAUL K. LININGER AND JENNIE M. LININGER
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $148,998.30 L.L. $.50
Interest FROM 12/6/05 - 3/8/06 - $2,277.57 AT $24.49 PER DIEM
Atty's Comrn % Due Prothy $1.00
Atty Paid $239.60 Other Costs
Plaintiff Paid
Date: DECEMBER 6, 2005
(Seal)
By:
Deputy
REQUESTING PARTY:
Name TERRENCE J. MCCABE, ESQUIRE
Address: 123 S. BROAD STREET, SUITE 2080
PHILADELPmA, PA 19109
Attorney for: PLAINTIFF
Telephone: 215-790-1010
Supreme Court ID No. 16496
;Gil] fj'::' ,. .J ,.'~'" " 3 ",
-- ..-' }' l:
, . . .
.
Real Estate Sale # 44
On December I 2, 2005 the Sherifflevied upon the
defendant's interest in the real property situated in
Silver Spring Township, Cumberland County, PA
Known and numbered as 6897 Wertzville Road,
Date: December 12,2005
ByJ~~
~
~
~
~
Enola, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
.,
Real Estate Sergeant
$( I( d L- 310.
v~;tij1'fPsOiM1NJol~8~~r
PROOF' OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act 1\0. 587, approved May 16, i 929). P. 1.1784
STATE OF PENNSYLV AI\L\ :
ss.
COUNTY OF CUMBERLA'\D :
Lisa Marie Coyne, Esquire. Editor ul'the Cumberbnd Law Journal, of the County and
State aforesaid, being duly S\\ "Ill, according tu law, deposes and says that the Cumberland Law
Journal. a legal periodical published in the Borllugh of Carlisle in the County and State aforesaid,
was established January 2, I ')52, and designated by the local courts as the official legal
periodical for the publication "I all legal notic'cs, and has, Since January 2,1952, been regularly
issued weekly in the said COUIU)', and that tile printed notice or publication attached hereto is
exactly the samc as was printed in the regular editions and isslles of the said Cumberland Law
Journal on the following dates,
VIZ:
January 20, r: Icbruary 3.2006
Affiant further depose, Illat he is auth"rized to veri IV this statement by the Cumberland
Law Journal, a legal periodic", ill' gcncraleircLllation, and ([,ai he is not interested in (he subject
matter of the aforesaid not;c(' or adveI1;scll1ent, and that all allegations in the foregoing
statements as to time, place at:,lcharacter of publication are true,
SINOR 0 ANi) SUBSCRIBED before me this
_ ~day of Februarv. 2006
d~.JL.
r~----"^
I ~IQ ,N~~I:RI L SE~L ,
! I.e.!, t.", ,hlER, N,l,ary PublIC
~ C8r:i:;',:::.'!:Y\~Q, Gumber!and County
:' "'\ ':1 '-",":"cS{l'l E:xpik''::,::..Gh 5, 2000.
'N.',.',","""',-'-,"'--' ";'.,.",~.,."...,\."""...,~
JIUL B8TATB ~ 1tO. 44
Wlit No. 2005-3949 CM!
Mortgage Electronic Registration
Systems. Inc.
vs.
Paul K. Unlnger and
Jennie M. Lininger
Atty.: Terrence McCabe
LEGAL DESCRIPTION
AlL that certaJn tract of land situ,
ate in StIver Spring Township,
Cumberland County, Pennsylvania.
more particularly bounded and de.
scribed in accordance with survey
and plan thereof made by Ernest J.
Walker. Professional Engineer.
dated August 20, ] 966. as follows:
BEGINNING at a pOint on the
center line of Pennsylvania State
Highway Route No. 944 leading from
Enola to Sterretts Gap. known as
Wertzvtlle Road. at lands now or for-
merly of Charles M, Lovendusky and
wife; thence along said last men-
tioned lands South two degrees
twenty minutes West three hundred
(300) feet to an Iron pin at other
lands now or formerly of Lawrence
L. Brown and Ruth C. Brown. his
wife; thence along said last men-
tioned lands North eJghty eight de.
grees thirty six minutes West two
hundred (200) feet 10 a point at lands
of George C. Moore and Dorothy R.
Moore, his wife: thence along said
last mentioned lands North two de-
grees twenty minutes East two hun.
dred ninety nine and flfty three hun.
. dredths (299.53) feet to the center
line of Pennsylvania Stat Highway
No. 944, leading from Enola to
Sterretts Gap, which point Is two
hundred ninety one and sixty two
hundredths (291.62) feet east of the
center line of Sample's Blidge Road;
thence along said center line of said
highway SOuth elgh~ eight degrees
forty four minutes East two hun-
dred (200) feet (Incorrectly ldentJ.
fled as one hundred {I 00) feet to
prior deeds) to the place of begin-
ning.
UNDER AND SUBJECT to ease-
ments. restrictions, reservations.
conditions and rights of way of
record.
BEING KNOWN AS 6897 Wertz.
vtlle Road. Enoia. PA 17025.
Bemg the same premises whIch
Jennie M. Uninger, by deed dated
the 2/ l7 /]999. and recorded 2/
23/l999 In the Office of the Re-
corder in and for Cumberland
County In Deed Book 194, Page
769. granted and conveyed to Paul
K. Ltninger and JenrUe M. Unmger,
in fee.
TAX MAP PARCEL NUMBER: 38-
]3,0988-002.
, J
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
Micha,el Morrow, being duly sworn according to law, deposes and says:
That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of
the Commonwealth 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 24th and 31st day(s) of January and
the 7th day(s) of Fehruary 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
SALE#44
NOTARY PUBLIC
My commission expires June 6, 2006
.
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CAJRlJSLE,PA.17013
SCHEDULE OF DISTRIBUTION
SALE NO. 44
Date Filed: April 07, 2006
Writ No. 2005-3949 Civil Term
Mortgage Electronic Registration Systems, Inc.
VS
Paul K. Lininger and Jennie M. Lininger
6897 Wertzville Road
Enola, P A 17025
Sale Date:
Buyer:
Bid Price:
March 08, 2006
Crystal Hansell for Kenneth A. Curtis and Crystal Hansell
$115,000.00
Real Debt:
Interest:
Attorney Costs:
$148,998.30
2,277.57
239.60
Total:
$151,515.47
DISTRIBUTION:
Receipts:
Cash on account (12/12/2005):
Cash on account (03/08/2006):
Cash on account (03/24/2006):
$ 1,500.00
11,500.00
108,804.20
Total Receipts:
$121,804.20
Disbursements:
Sheriffs Costs
Legal Search
State Transfer Tax
Local Transfer Tax
DebraWeist, Tax Collector
Attorney Terrence McCabe
Mortgage Electronic Registration
Systems Inc.
$ 3,359.33
200.00
1,402.1 0
1,402.1 0
406.85
1,500.00
I J3,533.82
Total Disbursements:
($121,804.20)
0.00
Balance for distribution:
So Answers:
~~--,~
R. Thomas Kline
Sheriff
." .l
TITLE REPORT
THE PREMISES ENDORSED HEREON ARE SUBJECf TO THE FOLLOWING
ITEMS, WHICH WILL BE EXCEPrED IN THE POLICY UNLESS SATISFACfORY
EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED.
SHERIFF SALE NO. 44
Held Wednesday, March 8, 2006
Date: March 8, 2006
TAXES: Receipts for all taxes for the years 2004 to 2005 inclusive. Taxes for the current
year 2006.
WATER RENT:
sewer.
SEWER RENT
Company assumes no liability for private supply of water or
Receipts to be produced if services are lienable.
MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims.
MUNICIPAL CLAIMS
MORTGAGES: Listed Under Other Exceptions Below.
JUDGMENTS: Listed Under Other Exceptions Below.
INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to
dated , 2006, and recorded
, 2006, in Cumberland County Deed Book , Page
RECITAL: Being the same premises which Jennie M. Lininger by deed dated February
17, 1999, and recorded February 23, 1999 in the Office of the Recorder of Deeds in and
for Cumberland County, at Carlisle Pennsylvania, in Deed Book 194, Page 769, granted
and conveyed to Paul K. Lininger and Jennie M. Lininger, husband and wife.
OTHER EXCEPTIONS:
1. The identity and legal competency of parties at the closing of this title should be
established to the satisfaction of the closing attorney acting for this Company.
2. Rights or claims of parties in possession, if any, other than the owner.
3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in
area and encroachments which an accurate and complete survey would
disclose.
4. Payment of State and local Real Estate Transfer Taxes, if required.
5. Public and private rights in the roadbed of PA State Highway Route No. 944,
known as Wertzville Road.
6. Mortgage in the amount of $135,000.00 given by Paul K. Lininger and Jennie
M. Lininger to Decision One Mortgage Company for Mortgage Electronic
Registration Systems, Inc.,dated May 1,2002 and recorded May 8, 2002 in
Mortgage Book 1758 Page 1140.
Complaint in mortgage foreclosure filed by Mortgage Electronic Registration
Systems, Inc., as Plaintiff against Paul K. Lininger and Jennie M. Lininger, as
Defendants in the Office of the Prothonotary of Cumberland County on August
2,2005 to File No. 2005-3949. Judgment in the amount of $148,998.30
entered December 6, 2005.
7. Building and use restrictions as set forth in the Deed of Lawrence L. Brown
and Ruth e Bown dated September 13, 1956, and recorded September 14,
1956, in Deed Book "K," Volume 17, Page 47.
8. Rights granted to the American Telegraph and Telephone Company of
Pennsylvania, by instrument recorded in Miscellaneous Record Book 87, Page
111.
9. Satisfactory evidence to be produced that proper notice was given to the
holders of all liens and encumbrances intended to be divested by subject
Sheriff Sale.
10. Real estate taxes accruing on and after July 1, 2006 not yet due and payable.
It is to be noted that no search of Domestic Relations Records has been
made to detennine support arrearages regarding House Bill 1412, Act 58
of 1997, nor has any search been made for environmental liens in Federal
District Court.
Robert G. Frey, Agent
Note: This Title Report shall not be
until countersigned by an authorized
REAL ESTATE SALE NO. 44
~"~. No 200fi_~q,jQ ~"H
Mortgage ElectroniC l"C.egJ::>>u",U~
Systems, Inc.
vs.
Paul K.. Lininger and
Jennie M. Lininger
Ally.: Terrence McCabe
LEGAL DESCRIPTION
ALL that certain tract orland situ-
ate In SlIver Spring Township.
Cumberland County. Pennsylvania.
more particularly bounded and de-
scrtbed In accordance with survey
and plan thereof made by Ernest J.
Walker, Professional Engineer,
dated August 20. 1966, as rollows:
BEGINNING at a point on the
center Hne of Pennsylvania State
Highway Route No. 944 leading from
Enola to Sterrelts Gap, known as
WertzvUle Road. at lands now or for-
merly of Charles M. Lovendusky and
Wife; thence along said last men-
tioned lands South two degrees
twenty mJnutes West three hundred
(300) reet to an Iron pin at other
lands now or formerly of Lawrence
L. Brown and Ruth C. Brown. his
wlCe; thence along said last men-
tioned lands North eighty eight de-
grees thirty six minutes West two
hundred (200) reet to a point at lands
of George C. Moore and Dorothy R
Moore. his wife; thence along said
last mentioned lands North two de-
grees twenty minutes East two hun-
dred ninety nine and fifty three hun-
dredths (299.53) reet to the center
line of Pennsylvania Stat Highway
No. 944. leading from Enola to
Sterretts Gap, which point is two
hundred ninety one and sixty two
hundredths (291.62) feet east of the
center line of Sample's Bridge Road;
thence along sald center line or said
ay South eighty eight degrees
forty UT minutes East two hun-
dred 0) feet (Incorrectly Identl-
as one hundred (100) feet to
prior deeds) to the place of begin-
ning.
UNDER ANp SUBJECT to ease-
ments, restrlcWms. reservations.
conditions and rights of way of
record.
BEING KNOWN AS 6897 Wertz,
vlIIe Road. Enola. PA 17025.
Being the same premises which
Jennie M. Lininger. by deed dated
the 2/17/1999, and recorded 2/
2.3/1999 in the ornce of the Re- .
corder in and for Cumberland 1
County In Deed Book 194. Page:
769, granted and conveyed to Paul I
K. Lininger and Jennie M. Lininger. 'I
in fee.
TAX MAP PARCeL NUMBER: 38- 'I
13-0988-002.