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HomeMy WebLinkAbout05-4502 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 ~-' COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. Df; -4.5"6;;( CI~~l'---r~ CUMBERLAND COUNTY v. MICHELLE A. CLAYTON 426 SOUTH YORK STREET MECHANICSBURG, PA 17055 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages. you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses III ohj,'ctions 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 LA WYER 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 Cumberland County Bar Association 32 South Bedford Street Carlisle, PAl 7013 (800)990-9] 08 File it: 122079 File #: 122079 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU 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 TH E 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, INe 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff. is or will be, the owner ofIegal title to the mortgage that is the subject ofthis action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: WASHINGTON MUTUAL BANK 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: MICHELLE A. CLAYTON 426 SOUTH YORK STREET MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 11/24/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1889, Page: 3519. 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 05/01/2005 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. File #: 122079 6. The following amounts are due on the mortgage: Principal Balance Interest 04/01/2005 through 08/30/2005 (Per Diem $17.04) Attorney's Fees Cumulative Late Charges 11/30/2004 to 08/30/2005 Cost afSui! and Title Search Subtotal $113,099.20 2,590.08 1,250.00 161.25 $ 550.00 $ 117,650.53 Escrow Credit Deficit Subtotal 0.00 836.09 $ 836.09 TOTAL $ 118,486.62 7 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law. and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable. have been sent to the Defendant( s) on the date(s) set forth thereon. and the temporary stay as provided by said notice has terminated because Defendant( s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 118,486.62, together with interest from 08/30/2005 at the rate of $17.04 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN LINAN.& SCHMIE?')~L/.1 . ~ {;tiLP:I'A& By: /s/Francis S. Hallinan /'0 ~""'- LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff rill: #: 122079 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a post, comer oflot formerly of Mary Fishel. now or late of Harry Snyder, and the building line of said South York Street; thence southward along the building line of said South York Street sixty-nine (69) feet to a formerly ofW.E. Hoopes, now or formerly of Mrs. John Nailor; thence westward along the line of said lot one hundred and eighteen (118) feet, more or less. to the center of a twenty foot alley; thence northward along the center of said alley sixty-nine (69) feet to a lot now or formerly of Harry Snyder; thence eastward along the said lot one hundred and twenty (\ 20) feet, more or less to the place of BEGINNING. HAVING thereon erected a frame dwelling house known as No. 426 South York Street. BEING the same premises which Edwina H. Schnebly, widow, by her Attorney-In-Fact, Sandra S. Strock, by her deed dated February 27, 1998 and recorded May 3, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 172, Page 972, granted and conveyed unto Noel Scott Clayton and Michelle Clayton, husband and wife, in fee. PARCEL NO. 20-24-0785-314 File #: 122079 VERIFICATION 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 of 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 its 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 falsifications to authorities. ~j Jffi. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: Y10(rfi ~ i ~ (I( ~ ~ G ~ ~ ~ "-O::D ~ ::::.1 "', C":J ~~>; ),.,... ~:_;:; C) o --q --. ::r fll:r:J 1"'" ('j (~.-? :..' ,~ c5 :~j [-;1 <.j (A:"- ,'" (..J ::.~ ~ SHERIFF'S RETURN - REGULAR CASE NO: 2005-04502 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS CLAYTON MICHELLE A CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CLAYTON MICHELLE A the DEFENDANT , at 2105:00 HOURS, on the 1st day of September, 2005 at 426 SOUTH YORK STREET MECHANICSBURG, PA 17055 by handing to MICHELLE A CLAYTON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8.00 10.00 .00 .00 36.00 ~~~<~ R. Thomas Kline 09/02/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: d-~ day of me this A.D. 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. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-4502 CIVIL TERM MICHELLE A. CLAYTON Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against MICHELLE A. CLAYTON and, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 8/31/05 to 10/13/05 TOTAL $118,486.62 $749.76 $119,236.38 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~~Jj-4 DANIEL G. SCHMIEG, E DIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. . ~ DATE: J{)///:/rxs- Gh~7 . PRO PROTHY- , , PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-4502 CIVIL TERM MICHELLE A. CLAYTON Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant MICHELLE A. CLAYTON is over 18 years of age and resides at , 426 SOUTH YORK STREET, MECHANICSBURG,P A 17055 . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. JJ~Jf --i. DANIEL G. SCHMIEG, ES E Attorney for Plaintiff , (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SillTE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-4502 CIVIL TERM MICHELLE A. CLAYTON Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on W- if 200$ . By ah~~ /' - /--- If you have any questions concerning this matter, please contact: , ..)/ -xf. DANIEL G. SCHMIEG, ES Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ""THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."" PHELAN. HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq.. Id. No. 32227 Francis S. Hallinan. Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PAl 9103 !?1)) )0,-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY MICHELLE A. CLAYTON Defendants : NO. 05-4502 CIVIL TERM TO: MICHELLE A. CLAYTON 426 SOUTH YORK STREET MECHANICSBURG, PA 17055 DATE OF NOTICE: SEPTEMBER n 20n<; 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.lF 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 WRlTTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE 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, PAl 70 13 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff (::) ~ C ?tJ l', -.a ~ :jl it. C) 1- '- -<:: C) f~~F! ~"' ~f:' ~ J:- ~ \..,"1 r:-; .~-~ C.' f;, --, -- CJ 1"'-.) w..: .... (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.RC.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. No. 05-4502 CIVIL TERM MICHELLE A. CLAYTON Defendant(s ). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $119,236.38 Interest from 10/13/05 to MARCH 8, 2006 (per diem -$19.60) $2,861.60 and Costs TOTAL $122,097.98 ff~JlJ~ DANIEL G. SCHMIEG, ES 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. lI'l lI'l Q r-- .... < ~ g 0 = 00 u .... Z < 1:1:: U ~ ~~ ~ Z ,.; o~ 0 .... ~ 00> U E-< ~ <..l 0 ~ ~>- uZ Z U E-< ..loo ........ 0 ~t 00 ~ ~Z Z . ~~ ~ 000 E-< Zz ~ ~ := ~~ '" o~ i:l:i~ '" '" E-<~ ~~ 0 ,D ~~ ufi; ..l 0'" >- ~ ~ . U ... O~ ~>- E-< .. 1:1:: S ..loo .; < P.!~ <8 E-< '" UZ ~Z ;. ~ ~~ ;., 0 !:l ~o '" 0 g. ~O ..l i:l:i ~ ~a 00 "... ..l 8 00 p. E-<U ~~ ~ 0<;:: ~ 'C '" , < ... ... i:l:iQ 1:1:: ~ " J """ '" o~ ~E-< U ~e ~ ~ ~ OJ 8c;a 00 .... 0[3 U '" '" --.J ~~ ~~ ~ .0 .t; ~ 1:1::= '" "t:l ~ -< E-<~ ~ ~ Zo \A ....U Ji + ~ 'c:i. 3 ....~ -~~ 4l C...j ,:- 0-a- , .. :q. , ~ J"tl - ."- ,', t- ~ - - -i ~ ci3 '-.- , , - -!J <:i i:J:; j;j , -.J ~ (-0 > \'J (}.. n:- 10 I I ~ -S I -..... ~ " 'I:::, () Q () Q 0 '() 0 '__J 1L (J"e. a Q VI () L, () (j In ~ ~ (-,; , 0L V) .j '1.}- f') "- ~ Ct.. '- M ~ ~ ~ ~ -0,. --.. "' ~#f""... -- DESCRIPTION ALL THAT CERTAIN tract or parcel ofland and premises, situate, lying and being in the Borough of Mechanicsburg, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a post, comer oflot formerly of Mary Fishel, now or late of Harry Snyder, and the building line of said South York Street; thence southward along the building line of said South York Street sixty-nine (69) feet to a formerly ofW.E. Hoopes, now or formerly of Mrs. John Nailor; thence westward along the line of said lot one hundred and eighteen (118) feet, more or less. to the center of a twenty foot alley; thence northward along the center of said alley sixty-nine (69) feet to a lot now or formerly of Harry Snyder; thence eastward along the said lot one hundred and twenty (120) feet, more or less to the place of BEGINNING. HAVING thereon erected a frame dwelling house known as No. 426 South York Street. BEING the same premises which Edwina H. Schnebly, widow, by her Attomey- In-Fact, Sandra S. Strock, by her deed dated February 27, 1998 and recorded May 3, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 172, Page 972, granted and conveyed unto Noel Scott Clayton and Michelle Clayton, husband and wife, in fee. Being Parcel # 20-24-0785-314 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Michelle Clayton, a married individual, by Deed from Noel Scott Clayton and Michelle Clayton, husband and wife, dated 11-18-04, recorded 12-1-04 in Deed Book 266, page 2508. PREMISES BEING: 426 SOUTH YORK STREET, MECHANICS BURG, P A 17055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4502 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 MICHELLE A. CLAYTON (I ) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is fOlmd in the possession of anyone other than a named garnishee. you are directed to notify him/her that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $119, 236.38 L. L. $.50 Interest 10/13/05 TO 3/8/06 (PER DIEM - $19.60) - $2,861.60 AND COSTS Atty's Comrn % Due Prothy $1.00 Atty Paid $118.00 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 - 't MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION MICHELLE A. CLAYTON NO. 05-4502 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 .426 SOUTH YORK STREET, MECHANICSBURG. PA 17055. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHELLE A. CLAYTON 426 SOUTH YORK STREET 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) None r- -.. 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/Occnpant 426 SOUTH YORK STREET MECHANICSBURG, PA 17055 Domestic Relations of Cnmberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 13.2005 DATE fJ~ J/ ~ DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff ('---,) \.,.)1 c-, 0:, :or' i') PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION MICHELLE A. CLAYTON NO. 05-4502 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. V~Jj J~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff _.'i ,-..,,' \'-.:. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, CUMBERLAND COUNTY No. 05-4502 CIVIL TERM v. MICHELLE A. CLAYTON Defendant(s). October 13, 2005 TO: MICHELLE A. CLAYTON 426 SOUTH YORK STREET 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 LIEN AGAINST PROPERTY. ** Your house (real estate) at, 426 SOUTH YORK STREET, 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, P A 17013, to enforce the court judgment of $119,236.38 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 PaRC.P., Rule 3129.3. 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 cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. , You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the 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 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 may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 DESCRIPTION ALL THAT CERTAIN tract or parcel ofland and premises, situate, lying and being in the Borough of Mechanicsburg, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a post, comer oflot formerly of Mary Fishel, now or late of Harry Snyder, and the building line of said South York Street; thence southward along the building line of said South York Street sixty-nine (69) feet to a formerly ofW.E. Hoopes, now or formerly of Mrs. John Nailor; thence westward along the line of said lot one hundred and eighteen (118) feet, more or less, to the center of a twenty foot alley; thence northward along the center of said alley sixty-nine (69) feet to a lot now or formerly of Harry Snyder; thence eastward along the said lot one hundred and twenty (120) feet, more or less to the place of BEGINNING. HAVING thereon erected a frame dwelling house known as No. 426 South York Street. BEING the same premises which Edwina H. Schnebly, widow, by her Attomey- In-Fact, Sandra S. Strock, by her deed dated February 27, 1998 and recorded May 3, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 172, Page 972, granted and conveyed unto Noel Scott Clayton and Michelle Clayton, husband and wife, in fee. Being Parcel # 20-24-0785-314 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Michelle Clayton, a married individual, by Deed from Noel Scott Clayton and Michelle Clayton, husband and wife, dated 11-18-04, recorded 12-1-04 in Deed Book 266, page 2508. PREMISES BEING: 426 SOUTH YORK. STREET, MECHANICSBURG, P A 17055 , . ~ll (;; (-'.' ~---! '- .., ., r t ..... AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY PMB No. 05-4502 CIVIL TERM DEFENDANT(S) MICHELLE A. CLAYTON ACCT. #0644939787 SERVE MICHELLE A. CLAYTON AT 426 SOUTH YORK STREET MECHANICSBURG, PA 17055 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 8, 2006 Served and made known to at B./5,0'clockP.m.,at 29 00+ ,200':;> , Commonwealth 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 perron in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age3'B Height.5..2" Weight [35 Race:W.sexE Other I, l..) I fY1 '(e> z ,1<' , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein. issued in the captioned case on the date and at the address indicated above. _ 9---- ASItIQJl-'1'jfI!JM~T SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. ;S:~':;~ ,. r , '\ r'::',"V r.'. i ,. NOT SERVED Cor:-,nijS,~,~n r.xp':r;;::;j~;l'~ '.:i:~, 2008 On the day of .200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 2nd Attempt: / / Time: 1 st Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of . 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire -l.D. No. 62205 17 15 Q ....' "'" C'c;.'7I "'" - o ..,',::' t... ~ o -n --' :::t:4""' ~...- 1"\- '~;--.l 'rG ~~-~~~, ';;;"" .., (~? 2~ ~ - - N 17 /------- . SALE DATE: MARCH 8. 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COmny, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. No.: 05-4502 CIVIL TERM vs. MICHELLE A. CLAYTON 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: 426 SOUTH YORK STREET. MECHANICSBURG. P A 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.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 ofthe Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. March 6, 2006 DANIEL C M% ESQUIRE Attorney for P~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ~ CUMBERI,AND COUNTY p Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION MICHELLE A. CLAYTON NO. 05-4502 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, DANJEL 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 ,426 SOUTH YORK STREET, MECHANICSBURG, P A 17055 . 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHELLE A. CLAYTON 426 SOUTH YORK STREET 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) None ,4. Name and address of last recorded holder of every mortgage of record: , Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 426 SOUTH YORK STREET MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of WeIfare PO Box 2675 Harrisburg, P A 171 OS 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 5J~ JJ. Jr L,,;. DANIEL G. SCHMIE(j~ Attorney for Plaintiff . """" - 0 g E- O Z ~~ ~. ~~ i\' o ~ - V> "'"" . C n S ~. -- <Z ~i ~- ~s, 0::9, 3l~ o " " .. ~ n ::r: tT1 'P tT1 ?> n r 5 ~ ",,,, jja ~~ " .. ~~ !1 z ~ !< '{I g ~r " (2~:fr.g~ 8. :J: j;::t> en.......nt::- ~ir8~;: ....al"qg ~ r:! ~6 ~ p..:1 a. g. a S 3 ~ ~ g" - Ert:;;' S. ~g.~~~ "~"'':: " ;:I...,. '00.... ~''''." ::t.1J' g,-g ~ E:2 q.g ~~. s.,osgp. g ;:;;.~ Ei 0 <: V'~ & ::l ~ td~ :1 ~ ~"8~il g' ~ !:t $. 'it Z:!. [T1 n ~3~'" ",' 3 'it 8.. ~ _. ~ S' ~&.~(b ilg,il ....E!.p.,.. .;,:'-oz'g ~ ~~ ~::: g~~~. S-ti'2g ,gg8-g. d.",il i1 ~H~ -. . tr~ g" ~ i [~i1 ~ R ~ ~. WM<'>~ ." 2';n'::3. t;l;:> S" ~~i$~ gid !:ii g.,i ~~"R~ ~~.~ ~ . -. ~ g 8: - .,. '" R - w - N - - - o ~ "" -.J '" V> .,. w N - r S " ~ n' iD z c 3 a' " ~ >-l S'2 ~ ci o n ~ ~ n tJ Z o 0 . ~ ~ t o ~ ~ ~ '0 ~ ~ ~ ~ ::c ~ ~ g ~ ~ '"d \j) ~ ~ ~ ~ ~ I ~ ~ .v ~ ~ n ~ ~ g ::1 S'2 <_ >-l W ~ ~ :;: ~ 'tl ::r: ~ ~ ~ 0 ~ < o tT1 tp :x:> o '" ~ ~ ~ ,;1 .,. to.> '" '" o c:: @ -< ~ '" >-l ~ :-J ~ ~ '" tp ~ ~ " - -.J o V> V> ~ n ~ g (/J '" tp [;; ~ ~ \ "' ,> ':::; ,- "'> 'J> o)>'Z ..,p." Vl~S .. .. .. " '" " p. '" :: !!: p. Sl '" g "'-~'" ~~ ~ .......-J(1ltl1 g..__)-jjt"""" ~g.g~ p;'''Tjn~ < . (1) "'~~ )>"\:It"" _s",t::J \Oo-L. oQ-~~ "'....0- ':"bS;~ oo~d'r/1 ':;~1:ln ~ OOe1(/) ~p..f! ~ 5' .. Vl:> C'J n'" . o 0;:.." l' .g: r ~~ ~ ~o ;: III \ -.J o - W ,,~~"%-...... 1'>'" .... ~ f(';':".~ I ~ ~ ......-- ~u Q.OVoI'ES 02 1A $ 00.900 0004309825 OCT 1 7 2005 MAILED FROM ZIP CODE 191 03 ;,. 1\ DATE: :Yl.oRTGAGE ELECTR.oNIC REGISTRATI.oN SYSTEMS, INC. vs. MICHELLE A. CLAYT.oN T.o: ALL PARTIES IN INTEREST AND CLAIMANTS N.oTICE ,OF SHERIFF'S SALE ,OF REAL PR.oPERTY .oWNER(S): MICHELLE A. CLAYT.oN PR.oPERTY: 426 S.oUTH y.oRK STREET MECHANICSBURG, PA 17055 Improvements: Residential dwelling Judgment Amount: $119,236.38 CUMBERLAND C.oUNTY N.o. 05-4502 CIVIL TERM The above-captioned property is scheduled to be sold at the Cumberland County Sheriffs 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 oflien or the effect of the Sheriffs Sale upon your lien, we urge you to C.oNTACT y.oUR.oWN ATT.oRNEY, 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 ofthe schedule. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. No. 05-4502 CIVIL TERM MICHELLE A. CLAYTON Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $119,236.38 Interest from 10/13/05 to DECEMBER 6, 2006 (per diem -$19.60) $8,212.40 and Costs TOTAL $127,448.78 DANIEL G. SCHMIEG, ESQUIRE 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 sol~ 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 sqle must be postponed or stayed ~n the event that a representative of the plaintiff is not present at the sale. ...( oz ...( ~~ ~~ =-tr.J. ~t ~=-~ e~ ~s Ou ~~ ~~ ~~ ~~ ~G \.3 u~ z.rfi ~~ r-~ UtrJ ~~ ~z ~s ~~ ~~ Ot; ~~ .A ~ ~ ~ '0 ~ ~ ~ ~ ~ ~ ~ G ~~ ~a 01 ~: ~~ ~~ 01: ~Q ~'b U 1 trl trl ~ ~ ...( =- ~ ~ ~ ~ e ~ ... ~ ~ ~ ~ ';J.. .~ .~ .~ 0 .- ~ p.. . '0 % 4'-' ~ ...... Qo e tr.J. ~ 'oJ:; .tt ~ . ~.. - "'- - ... ... -+~... ... ~ ct1A ...~:: . ~ d:: -\ \ \ l'~-- , '() ;,,~.~ ~ , ~ ~ c ~ . ~Q~go.o 0- - ~ c. ~:r. . c::r tiJ . - Va ...9 - U ...... ~ -..(i)-,\I\ "t?- C)o .. -d o t if} ~ ~ e rfl 'a) g- o. o 'a) ..a ~ V1 rfl o )d ~ 1 J1 -+- 'j \ ...., . ~ ... - ~ ~ \ - ~ ~ - '1~ (.) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 05-4502 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 MICHELLE A. CLAYTON (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) 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 bim/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $119,236.38 L.L. Interest FROM 10/13/05 TO 12/6/06 (PER DIEM - $19.60) - $8,212.40 AND COSTS Atty's Cornrn % Due Prothy $1.00 Atty Paid $991.93 Other Costs Plaintiff Paid Date: AUGUST 3, 2006 (Seal) CURTIS R. LONG Pr~th:ZlkD Q .7fc, ~ "-- By. _ 7l/b'1 c 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 DESCRIPTION ALL THAT CERTAIN tract or parcel ofland and premises, situate, lying and being in the Borough of Mechanicsburg, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a post, comer of lot formerly of Mary Fishel, now or late of Harry Snyder, and the building line of said South York Street; thence southward along the building line of said South York Street sixty-nine (69) feet to a formerlyofW.E. Hoopes, now or formerly of Mrs. John Nailor; thence westward along the line of said lot one hundred and eighteen (118) feet, more or less, to the center of a twenty foot alley; thence northward along the center of said alley sixty-nine (69) feet to a lot now or formerly of Harry Snyder; thence eastward along the said lot one hundred and twenty (120) feet, more or less to the place of BEGINNING. HA VING thereon erected a frame dwelling house known as No. 426 South York Street. BEING the same premises which Edwina H. Schnebly, widow, by her Attomey- In-Fact, Sandra S. Strock, by her deed dated February 27, 1998 and recorded May 3, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 172, Page 972, granted and conveyed unto Noel Scott Clayton and Michelle Clayton, husband and wife, in fee. Being Parcel # 20-24-0785-314 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Michelle Clayton, a married individual, by Deed from Noel Scott Clayton and Michelle Clayton, husband and wife, dated 11-18-04, recorded 12-1-04 in Deed Book 266, page 2508. PREMISES BEING: 426 SOUTH YORK STREET, MECHANICS BURG, P A 17055 .. .." MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION MICHELLE A. CLAYTON NO. 05-4502 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 .426 SOUTH YORK STREET. MECHANICSBURG. PA 17055. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHELLE A. CLAYTON 426 SOUTH YORK STREET MECHANICSBURG, P A 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None ;. '"'~ 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 426 SOUTH YORK STREET MECHANICSBURG, P A 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. July 31.2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION MICHELLE A. CLAYTON NO. 05-4502 CIVIL TERM Defendant(s ). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (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. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff i -- MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, CUMBERLAND COUNTY No. 05-4502 CIVIL TERM v. MICHELLE A. CLAYTON Defendant(s). July 31, 2006 TO: MICHELLE A. CLAYTON 426 SOUTH YORK STREET MECHANICSBURG, P A 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. 426 SOUTH YORK STREET. MECHANICSBURG. PA 17055. is scheduled to be sold at the Sheriffs Sale on DECEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $119.236.38 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. ~ You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 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 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 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 may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 " . ... DESCRIPTION ALL THAT CERTAIN tract or parcel ofland and premises, situate, lying and being in the Borough of Mechanics burg, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a post, corner of lot formerly of Mary Fishel, now or late of Harry Snyder, and the building line of said South York Street; thence southward along the building line of said South York Street sixty-nine (69) feet to a formerlyofW.E. Hoopes, now or formerly of Mrs. John Nailor; thence westward along the line of said lot one hundred and eighteen (118) feet, more or less, to the center of a twenty foot alley; thence northward along the center of said alley sixty-nine (69) feet to a lot now or formerly of Harry Snyder; thence eastward along the said lot one hundred and twenty (120) feet, more or less to the place of BEGINNING. HA VING thereon erected a frame dwelling house known as No. 426 South York Street. BEING the same premises which Edwina H. Schnebly, widow, by her Attorney- In-Fact, Sandra S. Strock, by her deed dated February 27, 1998 and recorded May 3, 1998 in the Office ofthe Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 172, Page 972, granted and conveyed unto Noel Scott Clayton and Michelle Clayton, husband and wife, in fee. Being Parcel # 20-24-0785-314 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Michelle Clayton, a married individual, by Deed from Noel Scott Clayton and Michelle Clayton, husband and wife, dated 11-18-04, recorded 12-1-04 in Deed Book 266, page 2508. PREMISES BEING: 426 SOUTH YORK STREET, MECHANICSBURG, P A 17055 Mortgage Electronic Registration Systems, Inc. VS Michelle A. Clayton The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-4502 Civil Term Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 09,2006 at 2:16 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: Michelle A. Clayton, by making known unto Jaime Paroda, adult boyfriend of defendant, at 426 South York Street, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him 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 2:16 o'clock P.M., he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Michelle A. Clayton, located at 426 South York Street, 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: Michelle A. Clayton, by regular mail to her last known address of 426 South York Street, Mechanicsburg, P A 17055. This letter was mailed under the date of January 10, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff who being duly sworn according to law, states this writ is returned Stayed per instructions from attorney Daniel Schmieg. Sheriffs costs: Docketing Poundage Posting Bills Advertising Prothonotary Law Library Mileage Certified mail Levy Postage Postpone Surcharge Law Journal Patriot News Share of Bills Total: 30.00 18.55 15.00 15.00 1.00 0.50 17.60 1.95 15.00 0.78 20.00 20.00 377.00 308.00 21.05 861.43 I ct-- 7/0SJbt. ,.<;b CR... ,':)'1 'f '-16 ~ /7990' SOAnSW~ ~ <- r~ r~ R. Thomas Kline, Sheriff a-' . MOR~AGEELECTRONIC ~GISTRA TION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION MICHELLEA.CLAYTON NO. 05-4502 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 .426 SOUTH YORK STREET. MECHANICSBURG. PA 17055. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHELLE A. CLAYTON 426 SOUTH YORK STREET MECHANICSBURG, P A 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) None . . , .. , -... 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 426 SOUTH YORK STREET 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 13. 2005 DATE fr~Jf.J~ DANIEL G. SCHMIEG, E DIRE Attorney for Plaintiff (' .. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, CUMBERLAND COUNTY No. 05-4502 CIVIL TERM v. MICHELLEA.CLAYTON Defendant(s). October 13, 2005 TO: MICHELLE A. CLAYTON 426 SOUTH YORK STREET MECHANICSBURG, P A 17055 **THIS FIRM IS A DEBT COLLECTOR AlTEMPTING 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 AlTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at. 426 SOUTH YORK STREET. MECHANICSBURG. PA 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 $119.236.38 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To fmd 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 ifthe buyer pays the Sheriffthe 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 may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 ( . DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Mechanics burg, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a post, corner oflot formerly of Mary Fishel, now or late of Harry Snyder, and the building line of said South York Street; thence southward along the building line of said South York Street sixty-nine (69) feet to a formerly ofW.E. Hoopes, now or formerly of Mrs. John Nailor; thence westward along the line of said lot one hundred and eighteen (118) feet, more or less, to the center of a twenty foot alley; thence northward along the center of said alley sixty-nine (69) feet to a lot now or formerly of Harry Snyder; thence eastward along the said lot one hundred and twenty (120) feet, more or less to the place of BEGINNING. HAVING thereon erected a frame dwelling house known as No. 426 South York Street. BEING the same premises which Edwina H. Schnebly, widow, by her Attomey- In-Fact, Sandra S. Strock, by her deed dated February 27, 1998 and recorded May 3, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 172, Page 972, granted and conveyed unto Noel Scott Clayton and Michelle Clayton, husband and wife, in fee. Being Parcel # 20-24-0785-314 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Michelle Clayton, a married individual, by Deed from Noel Scott Clayton and Michelle Clayton, husband and wife, dated 11-18-04, recorded 12-1-04 in Deed Book 266, page 2508. PREMISES BEING: 426 SOUTH YORK STREET, MECHANICSBURG, P A 17055 COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4502 Civil CIVIL ACTION - LAW WRIT OF EXECUTION and/or ATTACHMENT TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From MICHELLE A. CLAYTON (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) 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $119,236.38 L.L. $.50 Interest 10/13/05 TO 3/8/06 (PER DIEM - $19.60) - $2,861.60 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $118.00 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 'if] ,'j.':S;:::: :i <"i.~~.t::..:::.. ~-.. Q~ -:iJ !~~ -&;';''J ::Q)' '-~ '~ .';::~ ...:;?> J1ilJ ltrn~lb~s ~lBlst[ IB~"M ~~O\:Ag ~ooz '(I l~qw~J~a :~lBa .U!~l~q P~lBlOd.rOJU! ~JU~l~J~J S!ql Aq pUB l!lM S!ql ql!M P~IY "v" IN!qXt[ UO p~q!lJS~p AIItlJ ~lOUI '~lrlqSJ!UBqJ~W 'l~~JlS )[JO A qlnos 9Z17 SB p~J~qwnu pUB UMOU)I V d 'AlUnO;) pUBJl~qUIn;) 'lbnqsJ!uBqJ~W JO q1JnOlog U! p~lBnl!S 4z~dold IB~l ~lp U! lS~l~lU! S,lUBPU~J~P ~ql uodn P~!A~1 JJ!l~qS ~ql ~OOZ '( I l~qUI~J~a uO O( # ~IBS ~lBlSt[ IB~"M E Z :b V i l no SOul .:J.:lILLJH:) ...J 'I" .. -II> 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 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 February 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S ALE #30 NOT Y PUBLIC My commission expires June 6, 2006 .. CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act ~o. 587, approved May 16, 1 ()29), P. L.1784 STATE OFPENNSYLVANL\ : SSe COUNTY OF CUMBERLAN D : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly swum, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough ofCarlislc in the County and State aforesaid, was established January 2, 1')S2, and designated by the local courts as the official legal periodical for the publication o! :tlllcgal notices. and has, since January 2, 1952, been regularly issued weekly in the said COlli! v, and that the printed notic,.' 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 t i 1~lt he is authorized to verify this statement by the Cumberland Law Journal, a legal periodicai ,1/' general circulation, and tlwl 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. -' TO AND SUBSCRIBED before me this ... Lday of _I';?bruary, 2006 ~~~)~..~~ Notary RBAL ESTATE SALE NO. 30 Writ No. 2005-4502 Civil Mortgage Electronic Registration Systems. Inc. vs. Michelle A. Clayton Atty.: Daniel Schmieg DESCRIITION ALL THAT CERTAIN tract or par- cel of land and premises, situate. lying and being in the Borough of Mechanicsburg. in the County of Cumberland and Commonwealth of Pennsylvania. more particularly de- scribed as follows: BEGINNING at a post, comer of lot formerly of Mary Fishel. now or late of Harry Snyder, and the build- Ing line of said South York Street; thence southward along the build- ing line of said South York Street sixty-nine (69) feet to a formerly of W.E. Hoopes, now or formerly of Mrs. John Nailor; thence westward along the line of said lot one hun- dred and eighteen (118) feet. more or less, to the center of a twenty foot alley; thence northward along the center of said alley sixty-nine (69) feet to a lot now or formerly of Harry Snyder; thence eastward along the said lot one hundred and twenty (120) feet. more or less to the place of BEGINNING. HAVING thereon erected a frame dwelling house known as No. 426 South York Street. BEING the same premises which Edwina H. Schnebly. widow, by her Attorney-In-Fact. Sandra S. Strock. by her deed dated February 27. 1998 and recorded May 3. 1998 in the Office of the Recorder of Deeds in and for Cumberland County. Pennsylvania. in Deed Book 172. Page 972. granted and conveyed unto Noel Scott Clayton and Michelle Clayton, husband and wife. in fee. Being Parcel # 20-24-0785-314. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Michelle Clayton, a married individual. by Deed from Noel Scott Clayton and Michelle Clayton. husband and Wife. dated 11-18-04. recorded 12-1-04 in Deed Book 266, page 2508. PREMISES BEING: 426 SOUTH YORK STREET, MECHANICS- BURG. PA 17055. ""'" '.. AFFIDAVIT OF SERVICE .. CUMBERLAND COUNTY PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CQS No. 05-4502 CIVIL TERM DEFENDANT(S) MICHELLE A. CLAYTON ACCT. #0644939787 SERVE MICHELLE A. CLAYTON 426 SOUTH YORK STREET MECHANICSBURG, P A 17055 Type of Action - Notice of Sberifrs Sale Sale Date: DECEMBER 6, 2006 SERVED Served and made known to;V\ t' c h e [ J e A. C b ykll. Defendant, on the (q -( h day of A l{j c.... r + , 20o{g, at f/3 , o'c1oc~.m., at l.{ l.(p S. Yof ~ &+. , Commonwealth of Pennsylvania, in the manner described below: ~efendant 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 ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age SS:lfS- Height >" J.., 1\ Weight (30 Race .1.1L Sex {: Other I, _Da.1J l' ~ ((()be~, 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. n and SUb~ e e this ~~<l)' . 00 i? a . By: 9~~ EAT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. ;)~_ '~; .;2'3Y F,;\ r" HrJ\i~IS Commission Expires June 16, 2008 On the day of NOT SERVED ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: I I Time: 2nd Attempt: / / Time: 3rd Attempt: I I Time: Sworn to and subscribed before me this _ day of .200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 ~ (") ~= 1'--' (:::) c::.:::..) c;-... C:-j c-~) ~;~1 o -n f'~J V:i Mortgage Electronic Registration Systems, Inc. VS Michelle A. Clayton In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-4502 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on September 14,2006 at 1610 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Michelle A. Clayton, by making known unto Michelle Clayton personally, at 426 South York Street, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 11,2006 at 0846 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Michelle A. Clayton located at 426 South York St., Mechanicsburg, Cumberland County, 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: Michelle A. Clayton, by regular mail to her last known address of 426 South York Street, Mechanicsburg, P A 17055. This letter was mailed under the date of October 05,2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriffs Costs: Docketing Surcharge Poundage Prothonotary Advertising Levy Mileage Posting Handbills Certified Mail Law Journal Patriot News Share of Bills 30.00 20.00 205.94 1.00 15.00 15.00 19.36 15.00 2.72 371.00 306.38 15.94 $1,017.34 -/ Q-, I,) /6 ((!ty _So~?)'~' . p~ r- ~ __ c.t' ~ .,. R. Thomas Kline, Sheriff I ."l .~ . 11 BY \--1 OVU- / VVUA.JVL Real Estate ergeant k. ..0 I.U CJ1__ 5 ~ <{ if .v Itw. I r (, /31 .. < 6"t MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION MICHELLE A. CLAYTON NO. 05-4502 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 .426 SOUTH YORK STREET. MECHANICSBURG. PA 17055. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHELLE A. CLAYTON 426 SOUTH YORK STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None .. '. ,. . 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 426 SOUTH YORK STREET 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 of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. July 31. 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff .. ,~., MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, CUMBERLAND COUNTY No. 05-4502 CIVIL TERM v. MICHELLE A. CLAYTON Defendant(s ). July 31,2006 TO: MICHELLE A. CLAYTON 426 SOUTH YORK STREET MECHANICSBURG, PA 17055 **THIS FIRM IS A DEBT COLLECTOR AITEMPTING 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 ~ 426 SOUTH YORK STREET. MECHANICSBURG. P A 17055. is scheduled to be sold at the Sheriffs Sale on DECEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South HanoVer Street, Carlisle, PA 17013, to enforce the court judgment of $119~236.38 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. t ..". 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 fmd out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It 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. CUNiBERLAL~D COUNTY ATTOR1~EY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 '" . .... DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a post, comer of lot formerly of Mary Fishel, now or late of Harry Snyder, and the building line of said South York Street; thence southward along the building line of said South York Street sixty-nine (69) feet to a formerly ofW.E. Hoopes, now or formerly of Mrs. John Nailor; thence westward along the line of said lot one hundred and eighteen (118) feet, more or less, to the center of a twenty foot alley; thence northward along the center of said alley sixty-nine (69) feet to a lot now or formerly of Harry Snyder; thence eastward along the said lot one hundred and twenty (120) feet, more or less to the place ofBEGlNNING. HA VlNG thereon erected a frame dwelling house known as No. 426 South York Street. BEING the same premises which Edwina H. Schnebly, widow, by her Attomey- In-Fact, Sandra S. Strock, by her deed dated February 27, 1998 and recorded May 3, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 172, Page 972, granted and conveyed unto Noel Scott Clayton and Michelle Clayton, husband and wife, in fee. Being Parcel # 20-24-0785-314 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Michelle Clayton, a married individual, by Deed from Noel Scott Clayton and Michelle Clayton, husband and wife, dated 11-18-04, recorded 12-1-04 in Deed Book 266, page 2508. PREMISES BEING: 426 SOUTH YORK STREET, MECHANICSBURG, P A 17055 WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4502 Civil CIVIL ACTION - LA W TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From MICHELLE A. CLAYTON (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) 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $119,236.38 L.L. Interest FROM 10/13/05 TO 12/6/06 (PER DIEM - $19.60) -- $8,212.40 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $991.93 Plaintiff Paid Date: AUGUST 3, 2006 Other Costs CURTIS R. LONG (Seal) Prothonotary . ~6a.....o _P,~~'f..r- 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 ~ ~ ~ ~ Real Estate Sale # 1 7 On August 22, 2006 the Sheriff levied upon the defendant's interest in the real property situated in ~echanicsburg Borouqh, Cumberlan~ County, PA Known and numbered as 426 South York Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 22, 2006 By: \J(xi-L\ s~tC\ Real E~tate Sergeant L Z :[ dOl 9rW qOOZ .;, '. THE PATRlOT NEWS THESUNDAYPATIDOTNEWS Proof of P lIblication Under Act No. 587, A)proved May 16, 1929 Commonwealth of Pennsylv; lnia, County of Dauphin} ss Joseph A. Dennison, being duly sworn accordinf to law, deposes and says: That he is the Assistant Controller of The Patriot\Tews 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, n spectively, and all have been continuously published ever SInce; That the printed notice or publication which is se curely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions whict appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 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 0' this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts afore said and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by . tirtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of dir ~ctors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and fer said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy SA L E #17 . CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CAF.LISLE, PA. 17013 REAL ESTATE SALE 117 WrIt No.aUI.".ClvllTerm ...~ J. .H~Oli* ~MkwI SyaIems, lne. V.. Michelle A. C~ Ally: D8nIIII Sct.mleg DESCRIPTION AIl.. THAT CERrAIN tract or parcel of land and premises, situat!i; lying and being in the Borough of MechaBicsburg, in the County of Cumberland al!d Commonweallh of Pennsylvania, . particularly described as follows: Beginning at a post, comer of lot fonnerly of Mary FJSbe~ now or !ale of Harry Snyder, and the building line of said South York Street; thence souIhwaRI aloog the lluildiDg line of said South York: Street sixty-aine (69) feet to a fonnerly of W.E. Hoopes, now or fonDerly of MIs. John Nailor; thenl;e westward along the line of said lot one lumdred and eighteen (lIS) feet, more or less, to the center of a twenty foot alley; thenl;e northMrd aIoBg tie CClder of said alley sixty-nine (69) feet to a lot now or formerly of Harry Snyder; thenl;e eastWard along the said lot one bulIlhd aDd twenty (120) feet, more or less, totbe pIIl:e ofbegioniDg. Having tIIereon erected a frame dwelling house known as No. 426 Soudl York Street. Being the. same . pemises wtIich Wwina H. Scbnebly, widow,by her Attorbey'-iD-Fact, Sandra S. ~ by her deed dated Fehruary 27, 1998aDd~May3, 1998itltlaeOt1ice of the ~ of Deeds iIl_fotCIldltledaDd Coumy, ~ itl.DeeI.BoolI12, Page 972. ..... aod........ .~.l.~. Noel. Stott ..... .. ....... -' l.~)',i" ~ ....:" ..... ....c:'...'..., ~'...........,'...- Nod SliiIICl CIaytolt. and MlclIe8IJ...QaIIIII. .~ll-Is.84,~ 1 Boot2fl6. pase 250lL :," Premises being: 426 Soutb Yowk Sheet. Mecbanic:sburg. PA 17055. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA SSe COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: October 20, October 27 and November 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. SWORN TO AND SUBSCRIBED before me this 3 day of November. 2006 NOT A IAL SEAL I LOIS E. SNYDER, Notary Public ~ Carlisle 8oro. Cumberland County l My CommiSSIon Expires March 5, 2009 REAL ESTATE SALE NO. 17 Writ No. 2005-4502 Civil Mortg<J.ge Electronic Registration Systems, Inc. VS. Michelle ,A. Clayton Atty.: Daniel Schmieg DESCEIPTION ALL THAT CEHTAlN tract or par- cel of land and premises, situate, lying and being in the Borough of Mechanicsburg, in the County of Cumberland and C:ommonwealth of Pennsylvania, more particularly de- scribed as follows: BEGINNING at a post, comer of lot formerly of Mary FisheL now or late of Barry Snyder, and the build- ing line of said South York Street: thence souUlward along the build- ing line of said South York Street sixty-nine (69) feet to a formerly of W.E. Hoopes, now or formerly of Mrs. John Nailor: thence westward along tile line of said lot one hun- dred and eighteen (118) feet, more or less, to the center of a twenty foot alley; thence norUnvard along the center of said alley sixty-nine (69) feet to a lot now or formerly of Ha.ry Snyder; thence eastward along the said lot one hundred and twenty (120) feeL more or less to the place of BEGINNING. HAVING thereon erected a frame dwelling house known as No. 426 South York Street. BEING the same premises which Edwina H. Schnebly. widow, by her Attomey-ln-Fact. Sandra S. Strock, by her deed datf:o February 27, 1998 and recorded May 3, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 172, Page 972, granted and conveyed unto Noel Scott Clayton and Michelle Clayton, husband and wife, in fee. Being Parcel # 20-24-0785-314. RECORD OWNER TITLE TO SAID PREMISES 15 VESTED IN Michelle Clayton, a married individuaL by Deed from Noel Scott Clayton and Michelle Clayton, husband and wife, dated 11..18-04, recorded 12- 1-04 in Deed Book 266, page 2S08. PREMISES BEING: 426 SOUTH YORK STREET, MECHANICS- BURG, PA I7055.