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HomeMy WebLinkAbout05-4213 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CNIL DIVISION TERM NO. 05;' - .Lf1LJ C;U; LT02-f CUMBERLAND COUNTY v. SCOTT W. DEIBEL AIKIA SCOTT M. DEIBEL MARLENE M. DEIBEL AIKI A MARLENE M. SMYSER AIKIA MAUREEN DEIBEL 1704 BARBARA LANE MECHANICSBURG, P A 17055 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFlCE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PAt 70 13 (800)990-9108 File #: 1210(}7 File ff"" t210(}7 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IS U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL EST ATE. 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: IRWIN MORTGAGE 10500 KINCAID DRIVE FISHERS, IN 46038 2. The name(s) and last known address(es) of the Defendant(s) are: SCOTT W. DEIBEL NKJA SCOTT M. DEIBEL MARLENE M. DEIBEL NKJ A MARLENE M. SMYSER NKJA MAUREEN DEIBEL 1704 BARBARA LANE MECHANICSBURG, P A 17055 who islare the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 09/16/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1837, Page: 2675. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. Fitc#: 121097 6. The following amounts are due on the mortgage: Principal Balance Interest 02/0 1/2005 through 08115/2005 (Per Diem $25.97) Attorney's Fees Cumulative Late Charges 09116/2003 to 08115/2005 Cost of Suit and Title Search Subtotal $138,480.51 5,090.12 1,250.00 45.56 $ 550.00 $ 145,416.19 Escrow Credit Deficit Subtotal 0.00 1,543.53 $ 1,543.53 TOTAL $ 146,959.72 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has tenninated because Defendant( s) haslhave failed to meet with tlie Plaintiff or an authorized consumer credit counseling agency, or haslliave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 146,959.72, together with interest from 08115/2005 at the rate of$25.97 per diem to the date of Judgment, and otlier costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ,,};;j,i~ LJ'I RENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: ] 2] 097 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, being Lot No. 10, Block 'C', in Plan No. One, Park Hills west Plan of Lots, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 20, Page 56, being more particularly bounded and described as follows, to wit: BEGINNING at the point where the line dividing Lots 10 and II in Block 'C', of the aforesaid Plan intersects an unnamed cul-de-sac which connects with Park Hills Drive in said Plan; thence from said point of beginning by the arc of a circle curving to tlie left, having a radius of 50.00 feet an arc distance of 89.65 feet to a point; thence by the arc of a circle curving to the right having a radius of 15.00 feet an arc distance of 37.18 feet to a point on the southerly edge of Park Hills Drive; thence by the southerly edge of said Drive North 81 degrees 41 minutes 30 seconds East, a distance of 102.00 feet to the point where the southerly edge of Park Hills Drive is intersected by Lot No.9, Block C, Park Hills West Plan No. Two, recorded in Plan Book 21, Page 21; thence by the westerly edge of Lot No.9 aforesaid, South 08 degrees 18 minutes 30 seconds East, a distance of 120.00 feet to a point on the northerly edge of Lot No.8 in Park Hills West Plan No.2, aforesaid; thence by the northerly edge of said Lot No.8, South 81 degrees 41 minutes 30 seconds West, a distance of 98 feet to a comer common to Lots 10, 1 I and 8, all hereinbefore mentioned; thence by a line common to Lots 10 and II, North 47 degrees 36 minutes 10 seconds West, a distance of 19.48 feet to the place of BEGINNING. HAVING thereon erected a single two-story dwelling house known and nurnbered as 1704 Barbara Lane, Mechanicsburg, Pennsylvania. BEING the same premises which General Motors Corporation, a corporation organized and existing under and by virtue of the laws of the State of Delaware and authorized to do business in the Commonwealth of Pennsylvania, by deed dated May 11,1973 and recorded May 31,1973 in the Cumberland County Recorder of Deeds Office in Deed Book 'E', Volume 25, Page 329, granted and conveyed unto John W. Deibel and Mildred W. Deibel, husband and wife. The said John W. Deibel died August 25, 1995, whereupon full and complete title to the within described real estate became vested solely in Mildred W. Deibel, surviving spouse, the Grantor herein. PROPERTY BEING: 1704 BARBARA LANE File#: 121097 VERIFICA TTON FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R C. P. 1024 ( c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~~'7~' DATE: ?/;s/\ I ' FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff ~ ~ r-.' 0 ~ fJ (] r;;:::;) -n ~ ~ = (~ .;;.; cJ' -I !f ~ :J:"T\ -U;' P'r::: c/') m Ct) 1J;v -' (':>CJ - ~ D "~:2:.:J;, ~ -0 (2f1 ~ -C- ::;I: ~;;:... f'r' ~ 9 "- '-;? :l? Ii;' ~ .0 0 :< ).-> &g - ~ ---l... SHERIFF'S RETURN - REGULAR CASE NO: 2005-04213 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS DEIBEL SCOTT W ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DEIBEL SCOTT W AKA SCOTT M DEIBEL the DEFENDANT , at 1819:00 HOURS, on the 25th day of August , 2005 at 1704 BARBARA LANE MECHANICSBURG, PA 17055 by handing to SCOTT W DEIBEL 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 Affidavit Surcharge 18.00 9.60 .00 10.00 .00 37.60 So Answers: ,'/~'fY ~. ",~'. "'""~,< ,,,r' .~, Jil" ?:,.(."." ""~'''':('''''''Jtt~_ ( ".,......'1:"-". ". 0-1< '~~ R. Thomas Kline 08/26/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: 7.L4 4J . Deputy S~iff me this day of A.D. Prot ary SHERIFF'S RETURN - REGULAR CASE NO: 2005-04213 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS DEIBEL SCOTT W ET AL HAROLD WEARY Sheriff or Deputy Sheriff of Cumberland County, pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DEIBEL MARLENE M AKA MARLENE M SMYSER AKA MAUREEN DEIBEL the DEFENDANT , at 1819:00 HOURS, on the 25th day of August , 2005 at BRANDY LANE TRAILER PARK LOT 30 MECHANICSBURG, PA 17055 by handing to W. SHANE DEIBEL, SON 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 Affidavit Surcharge So Answers: 6.00 8.00 .00 10.00 .00 24.00 .'~ .' ".:;:,' ~j....,/^?,,4'.' ?'. .~:;::'!<~"","'-:.' ,~.../p? .1' ../......:~.;.,.,~:~.""~>fl R. Thomas Kline 08/26/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: /J4~ Deputy Sheriff me this of PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8210 GREENSBORO DRIVE, SillTE 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-4213 CIVIL TERM SCOTT W. DEIBEL a1k/a SCOTT M. DEIBEL MARLENE M. DEIBEL a1k/a MARLENE M. SMYSER a1k/a MAUREEN DEIBEL Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor ofthe Plaintiff and against SCOTT W. DEIBEL a/k/a SCOTT M. DEIBEL and MARLENE M. DEIBEL alk/a MARLENE M. SMYSER a/k/a MAUREEN DEIBEL, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 8/16/05 to 10/13/05 TOTAL $146,959.72 $1,532.23 $148,491.95 I hereby certify that (I) the addresses ofthe Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. J]~JjJ~ DANIEL G. SCHMIEG, ES . IRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. . ~ DATE: L2cL.1.E JD~ ~~ I PR~ROT PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SillTE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8210 GREENSBORO DRIVE, SillTE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-4213 CIVIL TERM SCOTT W. DEIBEL a/k/a SCOTT M. DEIBEL MARLENE M. DEIBEL a/k/a MARLENE M. SMYSER a/k/a MAUREEN DEIBEL Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge ofthe following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant SCOTT W. DEIBEL alkla SCOTT M. DEIBEL is over 18 years of age and resides at , 1704 BARBARA LANE, MECHANI CSBURG, P A 17055 . (c) that defendant MARLENE M. DEIBEL alkla MARLENE M. SMYSER a/kla MAUREEN DEIBEL is over 18 years of age, and resides at, BRANDY LANE TRAILER PARK, LOT 30, MECHANICSBURG, P A 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 'fY~ J1 J DANIEL G. SCHMIEG, ES Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8210 GREENSBORO DRIVE, SillTE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-4213 CIVIL TERM SCOTT W. DEIBEL a/k/a SCOTT M. DEIBEL MARLENE M. DEIBEL a/k/a MARLENE M. SMYSER a/k/a MAUREEN DEIBEL Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on Qd- /9 200S B~ {l~ If you have any questions concerning this matter, please contact: ~~ Jj~~ DANIEL G. SCHMIEG, ES Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST AnON 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PHELAN HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (71 ';) ';01-7000 MORTGAGE ELECTRONIC REGISTRATION: COURT OF COMMON PLEAS SYSTEMS, INe. Plaintiff : CNIL DIVISION Vs. : CUMBERLAND COUNTY SCOTT W. DEIBEL AIKIA SCOTT M. DEIBEL MARLENE M. DEIBEL AIKIA MARLENE M. SMYSER AIKI A MAUREEN DEIBEL Defendants : NO. 05-42 I 3-CIVIL TERM TO: SCOTT W. DEmEL A/KJA SCOTT M. DEmEL 1704 BARBARA LANE MECHANISBURG, P A 17055 DATE OF NOTICE: SFPTFMRF:R 15 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN. AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE-IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 ..., ~, , ~~" ~~ -~ ..li'>...J,-fl J..R> 10 ~~ u.U..v~ NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (71,) ,1i,-7000 MORTGAGE ELECTRONIC REGISTRATION: COURT OF COMMON PLEAS SYSTEMS, INe. Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY SCOTT W. DEIBEL A/KJA SCOTT M. DEIBEL MARLENE M. DEIBEL A/KJA MARLENE M. SMYSER A/KJA MAUREEN DEIBEL Defendants : NO. 05-4213-CIVIL TERM TO: MARLENE M. DEIBEL AlKlA MARLENE M. SMYSER AlKJA MAUREEN DEIBEL BRANDY LANE TRAILER PARK, LOT 30 MECHANICBURG, P A 17055 DATE OF NOTICE: SFPTFMRRR 1 ~ 200~ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE ~, CUMBERLAND COUNTY BAR ASSOCIA nON tt'", ~ 32 SOUTH BEDFORD STREET (. '.I CARLISLE, PA 17013 ~./ (800)990-9108 " ' \ )~~. NCIS S. HALLINAN, ESQUIRE orneys for Plaintiff .' . c ;:J (0 ~ ?fL :-a i- It- \) ~ \:J ,..., -t C.:') (j. - (: ',~ ."11 -.) C;1 6"- ~ ,':'., :~ (- ~ .c P-- \;'\ ...c B -- : ~'1 Il.r ~ C) - ~ ::b _._f ~ +-- . . - ..r- C':) CJ r,) ., , ,.'< (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. No. 05-4213 CIVIL TERM SCOTT W. DEIBEL a1k!a SCOTT M. DEIBEL MARLENE M. DEIBEL a1k!a MARLENE M. SMYSER a/kla MAUREEN DEIBEL Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $148,491.95 Interest from 10/13/05 to MARCH 8, 2006 (per diem -$24.41) $3,563.86 and Costs TOTAL $152,055.81 fJ~JJJ~ DANIEL G. SCHMIEG, ESQ One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. >;.o;:S o~ 00 <~ ;j~ ~oo ZZ o~ ~~. e~ >;.0;6 Ou ~~ s~ us ~~ .....~ ~j;;l u ,-,I o ;.:::. c;:) ',.- ,:,.:; (....:.: ::~/~ '~) Lt~ .-:; c) o ~'~ u u~ %rh QI.~ t~ ;j~ "'z ~s ~S ~,... O'a ~o ~ ~ e '" ~ \ ~ ..;l ~~ ..... ~~ .~ ~'" ,...00 ~~ uoo ~~ ~~ ~~ e~ "'~ ~ .. ~~ ~~ ue 00", ~ ~ '" ~ ~ ~ .;, > 40 Ci~ ~~ (JoO () ...s 0 ~ ~ ::i- -0)~ "'t>}- z S ,... C ~~ "'~ >;.0;0 o~ ... ~~ ~~ ~~ o 0 >;.0;6- ~ i - - - :. - , ~ - - - ;:: ~ - ~ :: , , \ 0~(jO VI o<"...j . ltia-:~Nl 'In ~ -..... ~ \::. .~ ... ~.~ ,'0 "" ~ g < ~ .;,; ~ .~ ~ ~ <=> r-- .... -< ~ ~ lrl~ IrlOO <=>u r--... i~ .u ~'" j;;l~ ~ . oo<=> u'" ...,... ~o ~..;l ~~ .~ ~~ ..;l~ ~,... ~~ ~..;l ~~ ~.~ "'~ ~ ~ ~ t ~ '" .B ~ e '" ~ go p. 0) ~ , ~ u ~ '" J1 -I- .~ '3 t- \J- ~~ --+ J {)-J 'I l..t) 0' \: ~ ~ 0 <J ~ VI 1t 4 -- tJt- <::0 (:i 'tlt- DESCRIPTION ALL THAT CERTAIN piece or parcel ofland situate in Upper Allen Township, Cumberland County, Pennsylvania, being Lot NO.1 0, Block "C", in Plan No. One, Park Hills west Plan of Lots, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 20, Page 56, being more particularly bounded and described as follows, to wit: BEGINNING at the point where the line dividing Lots 1 0 and 11 in Block 'C', of the aforesaid Plan intersects an unnamed cul-de-sac which connects with Park Hills Drive in said Plan; thence from said point of beginning by the arc of a circle curving to the left, having a radius of 50.00 feet an arc distance of 89.65 feet to a point; thence by the arc of a circle curving to the right having a radius of 15.00 feet an arc distance of37.18 feet to a point on the southerly edge of Park Hills Drive; thence by the southerly edge of said Drive North 81 degrees 41 minutes 30 seconds East, a distance of 102.00 feet to the point where the southerly edge of Park Hills Drive is intersected by Lot No.9, Block C, Park Hills West Plan No. Two, recorded in Plan Book 21, Page 21; thence by the westerly edge of Lot No.9 aforesaid, South 08 degrees 18 minutes 30 seconds East, a distance of 120.00 feet to a point on the northerly edge of Lot No.8 in Park Hills West Plan No.2, aforesaid; thence by the northerly edge of said Lot No.8, South 81 degrees 41 minutes 30 seconds West, a distance of 98 feet to a comer common to Lots 10, 11 and 8, all hereinbefore mentioned; thence by a line common to Lots 10 and 11, North 47 degrees 36 minutes 10 seconds West, a distance of 19.48 feet to the place of BEGINNING. HAVING thereon erected a single two-story dwelling house known and numbered as 1704 Barbara Lane, Mechanicsburg, Pennsylvania. BEING the same premises which General Motors Corporation, a corporation organized and existing under and by virtue ofthe laws ofthe State of Delaware and authorized to do business in the Commonwealth of Pennsylvania, by deed dated May 11, 1973 and recorded May 31, 1973 in the Cumberland County Recorder of Deeds Office in Deed Book 'E', Volume 25, Page 329, granted and conveyed unto John W. Deibel and Mildred W. Deibel, husband and wife. The said John W. Deibel died August 25, 1995, whereupon full and complete title to the within described real estate became vested solely in Mildred W. Deibel, surviving spouse, the Grantor herein. Being Parcel # 42-27-1886-073 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Scott W. Deibel and Marlene M. Deibel, husband and wife, by Deed from Mildred W. Deibel, single person, dated 1-26-96, recorded 1-31-96, in Deed Book 134, page 528. PREMISES BEING: 1704 BARBARA LANE, MECHANICSBURG, P A 17055 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4213 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 SCOTT W. DEIBEL A/KJA SCOTT M. DEIBEL, MARLENE M. DEIBEL A/KJA MARLENE M. SMYSER A/KJ A MAUREEN DEIBEL (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) 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 hirnlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $148,491.95 L.L. $.50 Interest FROM 10/13/05 TO 318106 (PER DIEM - $24.41) - $3,563.86 AND COSTS Atty's Corum % Due Prothy $1.00 Atty Paid $143.60 Other Costs Plaintiff Paid Date: OCTOBER 18, 2005 (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION SCOTT W. DEIBEL a/k/a SCOTT M. DEIBEL MARLENE M. DEIBEL a/k/a MARLENE M. SMYSER a/k/a MAUREEN DEIBEL NO. 05-4213 CIVIL TERM Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 9'~J{-1(~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff !""-L~ C:) Co ,;,:..;;) -n c.rl C-, ::-: , r; - , C) ,,- C) ""; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION SCOTT W. DEIBEL a/kla SCOTT M. DEIBEL MARLENE M. DEIBEL a/kla MARLENE M. SMYSER a/kla MAUREEN DEIBEL NO. 05-4213 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .1704 BARBARA LANE. MECHANICSBURG. PA 17055. L Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SCOTT W. DEIBEL a/k/a SCOTT M. DEIBEL 1704 BARBARA LANE MECHANICSBURG, PA 17055 MARLENE M. DEIBEL a/k/a MARLENE M. SMYSER a/k/a MAUREEN DEIBEL BRANDY LANE TRAILER PARK, LOT 30 MECHANICSBURG, PA 17055 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BELCO COMMUNITY CREDIT UNION 403 N. 2ND STREET HARRISBURG, PA 17108 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 1704 BARBARA LANE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 13, 2005 DATE fT~Yl~ DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff C) -on .-\ C) '"1:- ':?, i11 CD (;/ o reo --------- MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, me. Plaintiff, CUMBERLAND COUNTY No. 05-4213 CIVIL TERM v. SCOTT W. DEIBEL aIkIa SCOTT M. DEIBEL MARLENE M. DEIBEL alkla MARLENE M. SMYSER alkla MAUREEN DEIBEL Defendant(s). October 13,2005 TO: SCOTT W. DEIBEL a/kIa SCOTT M. DEIBEL 1704 BARBARA LANE MECHANICSBURG, PA 17055 MARLENE M. DEIBEL a/kla MARLENE M. SMYSER a/kIa MAUREEN DEIBEL BRANDY LANE TRAILER PARK, LOT 30 MECHANICSBURG, PA 17055 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 1704 BARBARA LANE, MECHANICSBURG, PA 17055. is scheduled to be sold at the Sheriff's Sale on MARCH 8, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $148.491.95 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 31293. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: L The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 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 (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out ifthis has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 DESCRIPTION ALL THAT CERTAIN piece or parcel ofland situate in Upper Allen Township, Cumberland County, Pennsylvania, being Lot No. 10, Block "C", in Plan No. One, Park Hills west Plan of Lots, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 20, Page 56, being more particularly bounded and described as follows, to wit: BEGINNING at the point where the line dividing Lots 1 0 and 11 in Block 'C', ofthe aforesaid Plan intersects an unnamed cul-de-sac which connects with Park Hills Drive in said Plan; thence from said point of beginning by the arc of a circle curving to the left, having a radius of 50.00 feet an arc distance of 89.65 feet to a point; thence by the arc of a circle curving to the right having a radius of 15.00 feet an arc distance of37.18 feet to a point on the southerly edge of Park Hills Drive; thence by the southerly edge of said Drive North 81 degrees 41 minutes 30 seconds East, a distance of 102.00 feet to the point where the southerly edge of Park Hills Drive is intersected by Lot No.9, Block C, Park Hills West Plan No. Two, recorded in Plan Book 21, Page 21; thence by the westerly edge of Lot No.9 aforesaid, South 08 degrees 18 minutes 30 seconds East, a distance of 120.00 feet to a point on the northerly edge of Lot No.8 in Park Hills West Plan No.2, aforesaid; thence by the northerly edge of said Lot No.8, South 81 degrees 41 minutes 30 seconds West, a distance of 98 feet to a comer common to Lots 10, 11 and 8, all hereinbefore mentioned; thence by a line common to Lots 10 and 11, North 47 degrees 36 minutes 10 seconds West, a distance of 19.48 feet to the place of BEGINNING. HAVING thereon erected a single two-story dwelling house known and numbered as 1704 Barbara Lane, Mechanicsburg, Pennsylvania. BEING the same premises which General Motors Corporation, a corporation organized and existing under and by virtue of the laws of the State of De1aware and authorized to do business in the Commonwealth of Pennsylvania, by deed dated May 11, 1973 and recorded May 31, 1973 in the Cumberland County Recorder of Deeds Office in Deed Book 'E', Volume 25, Page 329, granted and conveyed unto John W. Deibel and Mildred W. Deibel, husband and wife. The said John W. Deibel died August 25, 1995, whereupon full and complete title to the within described real estate became vested solely in Mildred W. Deibel, surviving spouse, the Grantor herein. Being Parcel # 42-27-1886-073 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Scott W. Deibel and Marlene M. Deibel, husband and wife, by Deed from Mildred W. Deibel, single person, dated 1-26-96, recorded 1-31-96, in Deed Book 134, page 528. PREMISES BEING: 1704 BARBARA LANE, MECHANICSBURG, P A 17055 (j " C) C' C) -" :-1 fil co =,,~'" c' c_~ ['''-,) l-U']'..I.Ia".l V.r ~J!,Kl'lLJ!.. , ~ PLAINTIFF CUMBERLAND COUNTY MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. No. 05-4213 CML TERM DEFENDANT{S) ACCT. #76812734 SCOTT W. DEIBEL a/kJa SCOTT M. DEIBEL MARLENE M. DEIBEL a/kJa MARLENE M. SMYSER a/kJa MAUREEN DEIBEL Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 8, 2006 SERVE J~CGTT'vJ. DEIBEL 11U-.4- f5ad~)9l'a I(\. --- rvYed,an,c$urq PA 17055 ) SERVED Served and made known to ; SCll+!- ~.Defml'"' nn'lop. 2q day of (Jef ,200.5at A', i () ..o'cloc~.fIL,at 1/04 ~C(~e ~,n'l ech&\t<~~(q , Co,?,nwealth of Pennsylvania, in the manner described below: ) -L-Defendant personally served. Adult family member with wbom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age. 38 . Height~d''' WeighrJ43 Race~sexm Other I, ~ IiV' \.{ e z. I (, . a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth her~'... issued in the captioned case on the date and at the address indicated above. ^ A'l'1IBMJ'T SERVICE AT \Ii "J"\ [:. i:.-".Fi::IS 3 TIMES. ATE DATES & TIMES OF SERVICE ATTEMPTED. "mi3sion Expires June 10, 2008 NOT SERVED On the _dayof_, .200. at .. . ~ o'clock L.~,pefe!,dant NOT FOUl'fD because: _ Moved Unknown ~ No Answer Vacant .- - -- l't Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscnbed before me this _ day of . 200 _' Notary: ) !I. orne Cor PlaintlCC Daniel G. Schmieg, Esquire 1.0. No. 62205 By: PMB ~'-\)'6 o C~ ;;-':~' 1_' r ...., = c:.:::> t:...;.. Q <, :::.l I" n,p:::: ~';:'11J:! '0"> ;.~.} ~~) ;<,:U '-,' c') (. ~ 1~ \ 1 ~r> "".a '< - o ...,.- I -J s~ ['.) ,::- ~ AFFIDAVIT OF SERVICE f . "' CUMBERLAND COUNTY PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. PMB No. 05-4213 CIVIL TERM DEFENDANT(S) SCOTT W. DEIBEL alkla SCOTT M. DEIBEL MARLENE M. DEIBEL alkla MARLENE M. SMYSER aIkIa MAUREEN DEIBEL ACCT. #76812734 Type of Action - Notice of Sheriff's Sale SERVE MARLENE M. DEIBEL alkla MARLENE M. SMYSER alkla MAUREEN DEIBEL AT BRANDY LANE TRAILER PARK, LOT 30 MECHANICSBURG, PA 17055 Sale Date: MARCH 8, 2006 24TTE(v)pr5 SERVED Served and made known to (VJ(\y It' I'\Q rn. (Je I ~, Defendant, on the 2 q ~33~ _ I n ,2005at 3',(6), o'clock-f.rn., at 1;).( oncIj L8t1e Tr 01 e.r t-'d.( k , co/nwealth of Pennsylvania, in the manner described below: ~Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usnal place of business. an officer of said Defendant(s)'s company. day of Ocf lClt I, r11tzchCrllc.s hLvq" PA I 7055 J Other: Description: AgeM.t/2 Height5J4" Weightm Race~sexL Other I, ~ I (V) \.{ eel (. , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. By: 9- PL ~T SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE Stale c; New Jelse S ATTEMPTED. PA'iRICIAE \1~RR\G 2008 Commission EXP,res une , NOT SERVED On the 2Cf' day of O(1f ,200Sat 3'.00 o'clock.p.rn., Defendant NOT FOUl')Dbecause: je, rlJL/Q~ \. / (Y/af~ '5 5la ''10' @ Lo-IJ -1 I Moved Unknown-L No Answer _ Vacant { - JIf J ..:...-' Time: 0331J.:Jr&\~ Lav1J<. 7t-<5ir1er ParK I . fYlR-chM ( (--5vI4 f A l7<J5~ 1 st Attempt: / / Time: 2nd Attempt: / / 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: U Attornev for Plaintiff ) I Daniel G. Schmieg, Esquire I.D. No. 62205 )5 0 '" Co ,= C <=~ 'Tl (;..i" :;~ .-1 -c- o 1"1"') -n ..;;: ~::.:;.: I -ace! :7.] 'y -.J -~:~ C,'I "'1 :r.:-... .' ,ci'l ::r;: ~~ (C':) - :=:jrn - I 7' r0 ::0 +.- -< ,.. . SALE DATE: MARCH 8, 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. No.: 05-4213 CIVIL TERM vs. SCOTT W. DEIBEL a!kIa SCOTT M. DEIBEL MARLENE M. DEIBEL a!kIa MARLENE M. SMYSER alk!a MAUREEN DEIBEL AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.c.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1704 BARBARA LANE, MECHANICSBURG, PA 17055. As required by Pa. RC.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. RC.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Amended Affidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. March 7, 2006 '. ....."'--- , t MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT 01<' COMMON PLEAS v. CIVIL DIVISION SCOTT W. DEIBEL a/kJa SCOTT M. DEIBEL MARLENE M. DEIBEL aIkIa MARLENE M. SMYSER alkJa MAUREEN DEIBEL NO. 05-4213 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,1704 BARBARA LANE, MECHANICSBURG, PA 17055. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SCOTT W. DEIBEL alkla SCOTT M. DEIBEL 1704 BARBARA LANE MECHANICSBURG, PA 17055 MARLENE M. DEIBEL alkla MARLENE M. SMYSER alkla MAUREEN DEIBEL BRANDY LANE TRAILER PARK, LOT 30 MECHANICSBURG, PA 17055 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BELCO COMMUNITY CREDIT UNION 403 N. 2ND STREET HARRISBURG, PA 17108 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 1704 BARBARA LANE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verifY that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 13, 2005 DATE 'ir~ Jf JrL~ DANIELG. SCHMIEct~ Attorney for Plaintiff , r-' oH IV - Er a- '^ .<0. ,~ '" '" ~'g. - ..... - - - '-0 "" -l ::= - '" IV - 0 ~'Z '^ .". " ~ ~. " "-~ Wo " ~ ~ If <0 0 z If CO 3 0- lD ~ ~ ~ () CI L.. ~ . \ 0 ~ - ~oJ {/) ~ ~, E. 3 8 ~ ~ !l, ,. -g: < z ~ ~ ;l , ~ () s ~. ~- ~ 0 J' ~a. ~ - "tl (l tI1 . o~ CI Cl ~ 'Ii :>> 9\. 63 ~ a ..... . . ~ - . @ r "" ['l ~ ..... . ..... 0 0 -< -'.I ~ ~ ~ w ~ .., , n - {/) ~ - ...... "" 00 " ~ -I ~ ~ 0 ..... {/) c i\I -I> () .". ~ . '" g ~ tp {/) ,. " ~ ~ " ",~ % ~ !;- Q. .gg ; ... og ~ " ~ . ~ ~ ~ ~ () ~~ , e e ~ .". ~ 'i ~ '" r-' Z ~ CI ... . ~ ~ tT1 Cl IV sn '" g 6 ~ 0 ~ {/) ~ ~ ~ . ~ ~'. ~ ?ii ~ ~ n ?1 ..... "' '" ~ ~ 0 z rJ~g.~t '" 0 g ~.... ~ ~ ~ initSg[ tI1 ::r: ::=. s ~ ~ gJ t;; ~ "" i fo' g ~ . - - ><l ~ 5.~' ~',~.; ~ :>> UJ .- g c. e~~og ..... ~ ..... .V'..... 0 -l '" s>E.gz:; ><l 0 0 '^ ... ~ ~ '" :>> '^ 0:1 ""io-Wi e. .8~ v;" ..... ~ ~ ~.~ ~ ~2 -I ..... 0 0; ~ g ~~. "" IV '" 9"fi'''gc. -l g"~~g "" <~~ ~ n ~y.!"a~ ~ 1\ ~~\:, "\",0 gJ {/) ~ .;>< '" J;; ~. ~ i ~ a .*:5 ><l a.%.~S :>> ~ - !C ~ ><l ..... _. ~ '" 0 -l .- . 0 0 '", -:;: n g :>> 0 -" ~ - 3. ~ ~ \ \ -J C-' ;g<~;:!.~ ..... '" -, " 0 - - .gg8 . '^ ;;:. tl'1 a ~ ~ {j ~ ! ~I :;. ~ ::to ~ ~ g ~ _o<?"-" . ~h ~ ~ =.: ~ ~~g ~. ..~~- - . - ~ - - - z ~.--:::;;......." ~~" _ ..:1 ~AlTH ilt$ %: 02 1A $ 0 g.~'8 ~. 0004300317 CCT ~~8 '< : MAILED FROM ZIPCO " ~g't:1 i 'Z...~ \ \ \ \ \ \ <o'(;:';! ,,- \ o . "g \ I JI ~ ~ o>z ....Q.'" ",e;-S '" '" p.~~ ~ "" _o"tl 0\::l:I\ ....."tTl -..J"tl~ ~g~ 'Tj():I\ ~a~ g~~ ('O~Z ~jq~ tD[R<> o cr S,,'" ~"'() e\(/)~ p.~. til (/)"0 " - ~: t""" " . ~ 'tl - ... _0 ::00 ;:: III .-.--....-. / DATE: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. vs. SCOTT W. DEIBEL a/k/a SCOTT M. DEIBEL MARLENE M. DEIBEL a/k/a MARLENE M. SMYSER a/k/a MAUREEN DEIBEL TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): SCOTT W. DEIBEL a/k/a SCOTT M. DEIBEL MARLENE M. DEIBEL aIkIa MARLENE M. SMYSER a/k/a MAUREEN DEIBEL PROPERTY: 1704 BARBARA LANE MECHANICSBURG, PA 17055 Improvements: Residential dwelling Judgment Amount: $148,491.95 CUMBERLAND COUNTY NO. 05-4213 CIVIL TERM The above-captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on MARCH 8, 2006, at the Cumberland County Courthouse, South Hanover Street, Carlisle, PA at 10:00 a.m.. Our records indicate that you may hold a mortgage, judgment, or other interest on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. If you have any questions regarding the type of lien or the effect of the Sheriffs Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY, as we are not permitted to give you legal advice. The Sheriff will file a schedule of Distribution 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. , ., -, - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Fannie Mae is the grantee the same having been sold to said grantee on the 8th day of march A.D., 2006, under and by virtue ofa writ Execution issued on the 18th day of Oct, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 4213, at the suit of Mortgage Electronic REg Systems Inc against Marlene M Smyser aka Maureen Deibel is duly recorded in Deed Book No. 273, Page 3659. IN TESTIMONY WHEREOF, I have hereunto set my hand ---zfL and seal of said office this d 9 day of ~,A.D. " Mortgage Electronic Registration Systems Inc. VS Scott W. Deibel aJk/a Scott M. Deibel and Marlene M. Deibel, aJk/a Marlene M. Smyser aJk/a Maureen Deibel The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-4213 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on February 02, 2006 at 3:40 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: Scott W. Deibel aJk/a Scott M. Deibel, by making known unto Scott Deibel, personally, at 1704 Barbara Lane, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 31, 2006 at 8:45 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: Marlene M. Deibel aJk/a Marlene M. Smyser aJk/a Maureen Deibel, by making known unto Marlene Deibel, personally, at Brandy Lane Trailer Park, Lot 1, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 09, 2006 at 3:08 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Scott W. Deibel aJk/a Scott M. Deibel and Marlene M. Deibel aJk/a Marlene M. Smyser aJk/a Maureen Deibel, located at 1704 Barbara Lane, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Scott W. Deibel aJk/a Scott M. Deibel, by regular mail to his last known address of 1704 Barbara Lane, Mechanicsburg, PA 17055. This letter was mailed under the date ofPebruary 03, 2006 and never returned to the Sheriff's 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: Marlene M. Deibel aJk/a Marlene M. Smyser aJk/a Maureen Deibel, by regular mail to her last known address of Brandy Lane Trailer Park, Lot 1, Mechanicsburg, PA 17055. This letter was mailed under the date of February 03, 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 8, 2006 at 10:00 o'clock A.M. He sold the same for the sum of$1.00 to Attorney Daniel Schmieg for Fannie Mae. It being the highest bid and best price received for the same, Fannie Mae of 1900 Market Street, Philadelprua, P A 19103 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,326.41. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed $30.00 26.01 15.00 15.00 30.00 10.00 .50 1.00 29.92 3.66 15.00 30.00 1.17 593.00 440.60 21.05 25.00 40.50 $ 1,327.41 Sworn and subscribed to before me ~~ 2006, A.D. R. Thomas Kline, Sheriff BYJD~s-v.NiL Real Esta ergeant ~~ vO 3\ ~1:> C-k.'i' 33 '7 ~ /117':>'5 ; " MORTGAGE ELECTRONIC REGIS~TION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION SCOTT W. DEIBEL alkla SCOTT M. DEIBEL MARLENE M. DEIBEL alk/a MARLENE M. SMYSER alk/a MAUREEN DEIBEL NO. 05-4213 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .1704 BARBARA LANE. MECHANICSBURG. P A 17055 . 1. Name and address of Owner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SCOTT W. DEIBEL a/k1a SCOTT M. DEIBEL 1704 BARBARA LANE MECHANICSBURG, PA 17055 MARLENE M. DEIBEL aIkIa MARLENE M. SMYSER aIkIa MAUREEN DEIBEL BRANDY LANE TRAILER PARK, LOT 30 MECHANICSBURG, PA 17055 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BELCO COMMUNITY CREDIT UNION 403 N. 2ND STREET HARRISBURG, PA 17108 4. Name.and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 1704 BARBARA LANE MECHANICSBURG, P A 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 13. 2005 DATE 'ir~Jj.J~ DANIEL G. SCHMIEG, ES~ Attorney for Plaintiff . . MURT';AGE ELECfRONIC ,. REGISTRATION SYSTEMS, INC. Plaintiff, CUMBERLAND COUNTY No. 05-4213 CIVIL TERM v. SCOTI W. DEmEL alkJa SCOTI M. DEmEL MARLENE M. DEmEL alkJa MARLENE M. SMYSER alkJa MAUREEN DEmEL Defendant(s). October 13, 2005 TO: SCOTT W. DEmEL alk/a SCOTT M. DEIBEL 1704 BARBARA LANE MECHANICSBURG, P A 17055 MARLENE M. DEmEL alk/a MARLENE M. SMYSER alk/a MAUREEN DEmEL BRANDY LANE TRAILER PARK, LOT 30 MECHANICSBURG, PA 17055 ""THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WIll BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A UEN AGAINST PROPERTY."" Your house (real estate) at . 1704 BARBARA LANE. MECHANICSBURG. P A 17055. is scheduled to be sold at the Sheriffs Sale on MARCH 8. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of$148.491.9S obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P " Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT TInS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: L The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may calI: (US) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. ~ ,/ . You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 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 (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5 . You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a reoresentative of the olaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 cO -" ~ DESCRIPTION ALL TIlAT CERTAIN piece or parcel ofland situate in Upper Allen Township, Cumberland County, Pennsylvania, being Lot No.1 0, Block "C", in Plan No. One, Park Hills west Plan of Lots, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 20, Page 56, being more particularly bounded and described as follows, to wit: BEGINNING at the point where the line dividing Lots 1 0 and 11 in Block 'C', of the aforesaid Plan intersects an unnamed cul-de-sac which connects with Park Hills Drive in said Plan; thence from said point of beginning by the arc of a circle curving to the left, having a radius of 50.00 feet an arc distance of 89.65 feet to a point; thence by the arc of a circle curving to the right having a radius of 15.00 feet an arc distance of37.18 feet to a point on the southerly edge of Park Hills Drive; thence by the southerly edge of said Drive North 81 degrees 41 minutes 30 seconds East, a distance of 102.00 feet to the point where the southerly edge of Park Hills Drive is intersected by Lot No.9, Block C, Park Hills West Plan No. Two, recorded in Plan Book 21, Page 21; thence by the westerly edge of Lot No.9 aforesaid, South 08 degrees 18 minutes 30 seconds East, a distance of 120.00 feet to a point on the northerly edge of Lot No.8 in Park Hills West Plan No.2, aforesaid; thence by the northerly edge of said Lot No. 8, South 81 degrees 41 minutes 30 seconds West, a distance of 98 feet to a corner common to Lots 10, 11 and 8, all hereinbefore mentioned; thence by a line common to Lots 10 and 11, North 47 degrees 36 minutes 10 seconds West, a distance of 19.48 feet to the place of BEGINNING. HAVING thereon erected a single two-story dwelling house known and numbered as 1704 Barbara Lane, Mechanicsburg, Pennsylvania. BEING the same premises which General Motors Corporation, a corporation organized and existing under and by virtue of the laws of the State of Delaware and authorized to do business in the Commonwealth of Pennsylvania, by deed dated May 11, 1973 and recorded May 31, 1973 in the Cumberland County Recorder of Deeds Office in Deed Book 'E', Volume 25, Page 329, granted and conveyed unto John W. Deibel and Mildred W. Deibel, husband and wife. The said John W. Deibel died August 25,1995, whereupon full and complete title to the within described real estate became vested solely in Mildred W. Deibel, surviving spouse, the Grantor herein. Being Parcel # 42-27-1886-073 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Scott W. Deibel and Marlene M. Deibel, husband and wife, by Deed from Mildred W_ Deibel, single person, dated 1-26-96, recorded 1-31-96, in Deed Book 134, page 528. PREMISES BEING: 1704 BARBARA LANE, MECHANICSBURG, P A 17055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4213 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 SCOTT W. DEIBEL AlKlA SCOTT M. DEIBEL, MARLENE M. DEIBEL AIKIA MARLENE M. SMYSER AIKIA MAUREEN DEIBEL (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as folIows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify hirnlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $148,491.95 L.L. $.50 Interest FROM 10/13/05 TO 318/06 (PER DIEM - $24.41) - $3,563.86 AND COSTS Ally's Corum % Due Prothy $1.00 Ally Paid $143.60 Other Costs Plaintiff Paid Date: OCTOBER 18, 2005 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQillRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SillTE 1400 PHILADELPIDA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 ~, .;j ~ ~.~ '. Real Estate Sale # 24 On December 13, 2005 the Sherifflevied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, P A Known and numbered as 1704 Barbara Lane, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 13, 2005 By: Jo ~ cSMdj,. Real Estate Sergeant b 11 :01 '\j 0 l DO SOGl ~~~5 "'- irli ~:-- En1 ~~1 ~.;?) ~ I ,_ ' ~ l ~ ; '-- ,\ .;: .:l \::' t . . '" THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to gIg 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 Sundayl Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#24 . CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ~ . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATEOF1'ENNSYLVANIA : ss. COUNTY OF CUMBERLANO : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough ofCarlisJe in the County and State aforesaid, was established January 2, 11)52, and designated by the local courts as the official legal periodical for the puhlication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: January 20, 27, February 3,2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. AND SUBSCRIBED before me this day of Februarv, 2006 \;d/:J N~ry_u~~~hl/ ~;~:iL :j 01: :\{; ~ !)p:'iallri IIML __Aft 8AI.& 110. 34 Wrtt No. 2005.4213 Civil Mortgage Electronic Registration Systems. Inc. vs. Scott W. Deibel a{k{a Scott M. Deibel and Marlene M. Deibel a{k{a Marlene M. Smyser a{k{a I Maureen Deibel Atty.: Daniel Schrnteg DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township. Cumberland County. Pennsylvania. being Lot No. 10, Block "C". in Plan No. One. Park Hills west Plan of Lots, recorded in the Cumberland County Recorder of Deeds Office in Plan Book 20. Page 56. being more particularly bounded and descrtbed as follows. to wtt: BEGINNING at the point where the line dividing Lots 10 and II in Block 'C', of the aforesaid Plan in. tersects an unnamed cul-de-sac which connects with Park Hills Drive in said Plan; thence from said point or beginning by the arc of a circle curving to the left. having a radius of 50.00 feet an arc distance of 89.65 feet to a point; thence by the arc of a circle curving to the rtght having a radtus of 15.00 feet an arc distance of 37.18 feet to a point on the southerly edge of Park Hills Drive; thence by the southerly edge of said Drive North 81 degrees 41 minutes 30 seconds East, a dis- tance of 102.00 feet to the point where the southerly edge of Park r H1lls Dlive is intersected by Lot No. 9, Block C. Park H1lla Weat Plan No. Two recorded in Plan Book 21, Page 21; fuence by the westerly edge of Lot No, 9 aforesaid, South 08 de- grees 18 rntnutes 30 seconds East, a distance of 120.00 feet to a point on the northerly edge of Lot No. 8 in Park Hills West Plan No.2, afore- said; thence by the northerly edge of said Lot No.8, South 81 degrees 41 minutes 30 seconds West, a dis- tance of 98 feet to a comer com- mon to Lots 10, 11 and 8, all here- inbefore mentioned; thence by a line common to Lots 10 and II, North 47 degrees 36 minutes 10 seconds West, a distance of 19.48 feet to the place of BEGINNING. HAVING thereon erected a single two-story dwelling house known and numbered as 1704 Barbara Lane, Mechanicsburg, Pennsylvania. BEING the same premises wWch General Motors Corporation, a cor- poration organized and existing un- der and by virtue of the laws of the State of Delaware and authorized to do business in the Commonwealth of Pennsylvania, by deed dated May 11, 1973 and recorded May 31, 1973 in the Cumberland County Recorder of Deeds Office in Deed Book 'E', Volume 25, Page 329, granted and conveyed unto John W. Deibel and MUdred W. Deibel, hus- band and wife. The said John W. Deibel died August 25, 1995, where- upon full and complete title to the within descr1bed real estate became vested solely in MUdred W. Deibel, surviving spouse, the Grantor herein. Being Parcel # 42.27.1886-073. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Scott W. Deibel and Marlene M. Deibel, husband and wife. by Deed from Mtldred W. Deibel, ldngIe penon. dated 1-2fi- 96, recorded 1-31-96, in Deed Book 134, page 528. PREMISES BEING: 1704 BAR- BARA LANE, MECHANlCSBURG, PA 17055.