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HomeMy WebLinkAbout05-4507 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 C-.- NO. ()!; -.l/t'o7 C/~('( 1EZt CUMBERLAND COUNTY v. STEVEN R. NELSON 99 SAINT JOHNS ROAD CAMPHILL,PA 17011 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 witli tlie court your defenses or ubjections 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 LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 (800)990-9 t 08 File #: 122085 File #: 122085 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 HA VE 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 LITlGA TlON OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. I. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 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: WASHINGTON MUTUAL BANK 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known addressees) of the Defendant(s) are: STEVEN R. NELSON 99 SAINT JOHNS ROAD CAMP HILL, P A 170 II who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3, On 07/03/2003 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: 1822, Page: 4459. 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 05/0 1/2005 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 #: 122085 6. The following amounts are due on the mortgage: Principal Balance Interest 04/0 1/2005 through 08/30/2005 (Per Diem $13.54) Attorney's Fees Cumulative Late Charges 07/09/2003 to 08/30/2005 Cost of Suit and Title Search Subtotal $85,978.55 2,058.08 1,250.00 126.56 $ 550.00 $ 89,963.19 Escrow Credit Deficit Subtotal 0.00 544.0] $ 544.0] TOTAL $ 90,507.20 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 oflntention to Foreclose as set forth in Act 6 of ]974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in] 998, 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 $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 90,507.20, together with interest from 08/30/2005 at the rate of $13.54 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. , LlNAN :r7JL ' Is/Francis S. Hallinan LA RENeE T. PHELAN, ESQUIRE FRANClS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 122085 LEGAL DESCRIPTION ALL THA T CERTAIN piece or parcel of land situate in the Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northeast right of way line of Saint John's Church Road, Pennsylvania Legislative Route #21079,523.48 feet southeast of intersection of Pennsylvania State Route #570 right of way line; thence along under lands now or late ofRetura A. Westfall, North 48 degrees 53 minutes 30 seconds East 100 feet to a point; thence continuing along other lands now or late of Retura A. Westfall South 54 degrees 25 minutes 30 seconds East 86.86 feet to a point; thence South 49 degrees 37 minutes West ] 20.0 I feet to a point in the northeast right to way line of Saint John's Church Road, Pennsylvania Legislative Route #2 I 079; thence along the last mentioned line North 41 degrees 06 minutes 30 seconds West 83.0 feet to a point, the place of BEGINNING. BEING APART OF Tract No.2 of Summit Corporation property, made by D.P. Raffensperger, Registered Surveyor, dated April 19, 1956, amended May 31, 1956. HAVING THEREON ERECTED a dwelling known as 99 St. John's Road Camp Hill, Pa. 17011 NORTHWITHSTANDING the Lower Allen Township Zoning classification governing the herein mentioned tract, this property is hereby specifically restricted against commercia] use. BEING THE SAME PREMISES which Retura A. Westfall, widow, by her Attorney in Fact, Gayle R. Rooser, by Deed dated April 28, 1988 and recorded in Cumberland County Recorder of Deeds Office in Deed Book 1133, page 818, granted and conveyed unto John P. Alexander, Jr., single man and Steven R. Nelson, single man, the Grantors herein. Filc#: ]22085 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. hJ BL- Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: g/"'Cf66 I ?:.J ~ ~ 1i ^ 0( ~ .UC 8 - C0 n ....., ~ c' c-::-> t- CY ,-:::::.) en ~ (./"1 "q r'f-' ...... '0() -u :..J ...... ~ p::: J -.l U( 0 ....,.", ~ ---- s:) '-......(~ 0 __J en -< SHERIFF'S RETURN - REGULAR CASE NO: 2005-04507 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS NELSON STEVEN R SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NELSON STEVEN R the DEFENDANT , at 1934:00 HOURS, on the 16th day of September, 2005 at 99 SAINT JOHNS ROAD CAMP HILL, PA 17011 by handing to STEVEN NELSON 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: 18.00 24.00 .00 10.00 .00 52.00 7,0"?"'{2.:/ ,-.-' .. ., -~. , - .~ -.;.:' }:.> .,~";r .~J\':!~_'~: "'.~~ /~~./. 7'~.~-':':'::"-~''''*'''f!-P R. Thomas Kline me this J-3 day of 09/19/2005 PHELAN HALLINAN SCHMIEG \L If 'ill Deputy Sheri f By: Sworn and Subscribed to before PHELAN HALLINAN & SCHMIEG, L.L.P. ,- 1" 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-t814 (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. 05-4507 CIVIL TERM STEVEN R. NELSON 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 STEVEN R. NELSON, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 8/31/05 to 11/1105 TOTAL $90,507.20 $853.02 $91,360.22 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. / ~1 QJv~,~.,~,~. /~ '. ELG. SCHMI~ . Attorney for Plaintiff '( DAMAGES ARE HEREBY ASSESSED AS INDICA TED~ . :t.- _ DATE'jUOO. II ;<<'XJ,S "'.tfj ? I PRO ROTHY ___ - , ,. (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. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-4507 CIVIL TERM STEVEN R. NELSON Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on /f')/)V 14 200S. BY~ If you have any questions concerning this matter, please contact: C~-~~::Oj) C-). hu€~ DANIEL G. SCHMtEZ, ESQUIRE, Attorney for Plaintiff ( _ ONE PENN CENTER AT SUBURBAN ~I N 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 HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ,. PHELAN, HALLINAN AND SCHMIEG .By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PAt 9 t 03 (? 1 'i) 'i1i1-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS Plaintiff : CIVIL DNISION Vs. : CUMBERLAND COUNTY STEVEN R. NELSON Defendants : NO. 05-4507 CNIL TERM TO: STEVEN R. NELSON 99 SAINT JOHNS ROAD CAMP HILL, PA 17011 FILE COpy DATE OF NOTICE: OCTORF.R 7 2005 THIS FIRM IS A DEBT COLLECfOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECf 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 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 OJ;' COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-4507 CIVIL TERM STEVEN R. NELSON Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin 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 STEVEN R. NELSON is over 18 years of age and resides at , 99 SAINT JOHNS ROAD, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C,S. Section 4904 relating to unsworn falsification to authorities. ( , ~,')Q ~~nMK0~ "--- ~EL G. S ' I JG, ESQUIRE Attorney for Plaintiff DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Lower Allen, County of Cumberland, Conunonweaith of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northeast right of way line of Saint John's Church Road, Pennsylvania Legislative Route #21079, 523.48 feet southeast of intersection of Pennsylvania State Route #570 right of way line; thence along under lands now or late of Retura A. Westfall, North 48 degrees 53 minutes 30 seconds East 100 feet to a point; thence continuing along other lands now or late of Retura A. Westfall South 54 degrees 25 minutes 30 seconds East 86.86 feet to a point; thence South 49 degrees 37 minutes West 120.01 feet to a point in the northeast right to way line of Saint John's Church Road, Pennsylvania Legislative Route #21079; thence along the last mentioned line North 41 degrees 06 minutes 30 seconds West 83.0 feet to a point, the place of BEGINNING. BEING A PART OF Tract No.2 of Summit Corporation property, made by D.P. Raffensperger, Registered Surveyor, dated April 19, 1956, amended May 31, 1956. HAVING THEREON ERECTED a dwelling known as 99 St. John's Road Camp Hill, Pa. 17011 NOTWITHSTANDING the Lower Allen Township Zoning classification governing the herein mentioned tract, this property is hereby specifically restricted against commercial use. BEING THE SAME PREMISES which Retura A. Westfall, widow, by her Attorney in Fact, Gayle R. Rooser, by Deed dated April 28, 1988 and recorded in Cumberland County Recorder of Deeds Office in Deed Book 1133, page 818, granted and conveyed unto John P. Alexander, Jr., single man and Steven R. Nelson, single man, the Grantors herein. Being Parcel # 13-23-0553-007 TITLE TO SAID PREMISES IS VESTED IN Steven R. Nelson, single man, by Deed from John P. Alexander, Jr., single man, and Steven R. Nelson, single man dated 12-13- 99, recorded 12-27-99 in Deed Book 213, page 954. Premises: 99 Saint Johns Road, Camp Hill, P A 17011 . . 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. CUMBERI,AND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION STEVEN R. NELSON NO. 05-4507 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. ~ ANIEL G. SCHM G, ESQUIRE Attorney for Plaintiff c ]:J 0, "-'Q. 9- ~ 1- -G ~ () COJ 1'-'.) - ...2:: C> (~ .- .,:-') CJ ,:.._~,) ~ ._-,1'\ -'. ~l r- -U ,.' .-. ~ W -,-- ~ ~ r- r<l ]} Ils G (J) ~~- " - ~ ' ',~J --n ~ - . t-- ['0 0 roo::;, " '-.!..... ::U C) .< (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. No. 05-4507 CIVIL TERM STEVEN R. NELSON Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $91,360.22 Interest from 11/1/05 to MARCH 8, 2006 (per diem -$15.02) $1,907.54 and Costs TOTAL $93,267.76 ------ L G. SCHMIE , SQUIRE One Penn Center at Suburban Station 1617 JohnF. Kennedy Boulevard, Suite 14 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. - . :fA' ~ ~ 1 CJ , - - - Jl ., 0 - - qr-tJ - "--- :dJ , d1 t - ~i: -: - , t;;- ;:: - -+ ,~-....i :r j (2- I (V) Vi '~ , .... '.-,^J () () '() \) """ ~ C) '() () (J () :r -.. ::.J () 0 Vl () () l.I) ~ u._ :::'_f l') <J CJ V> ... tJ) . . ...... ~: 3 ~ ...... ~ ~\)'- ~ '::r ~ ..... 1:1J. N) ..... Q ....... t- 0J , ..... ~ r...:$ :::t pi. Z '\ < o~ 0 -<' u .... 00> U E- .~ ~ <...:I ;l .7 .,j "'">< uZ u C- o " ...:100 ........ ~'E' /" ~ =-z Z . Z tt: " Zz 000 0 "'" = ""@ 00 '" 0"," ,,:::t 00 '" Z " r... 0 '/' .~ ~ :::t=- E-"'" ...:I 0<:: -"l = u1;; "'" L 0 ~ :::t . " o~ "'">< Z E- .. . ... ... S ...:100 .; ~ ~~ d~ E- '" UZ "'"Z ;. "" Z " r...;l "'"0 Z a .... ~ 00 ".... "'" ,,~ 0 < 0.. E-U <E- > ot: - 00 " - ,,~ "'" r... 0 .0:: 0\ "" ,,~ 0\ " ;l~ E- "'"6 ..c: ~E- 00 ~ =- 0...:1 o~ .... '" u" u '" :::t" 01 " ~ -i::i "" "'""'" ~ '0 =~ ~ '0 E-:::t ~ .0:: Z;l =- ....u , WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4507 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION Plaintiff(s) From STEVEN R. NELSON (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 artach the property of the defendant(s) not levied upon iu 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $91,360.22 L. L. $.50 Interest FROM HIl/05 TO 3/8/06 (PER DIEM - $15.02) - $1,907.54 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $134.00 Plaintiff Paid Other Costs Date: DECEMBER 2, 2005 ,{:~ By: (Seal) Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADLEPHIA, PA t9103-18t4 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 f' ..... MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION STEVEN R. NELSON NO. 05-4507 CIVIL TERM Defendant(s). AFFIDA VII 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 ,99 SAINT JOHNS ROAD, CAMP HILL, P A 17011 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) STEVEN R. NELSON 99 SAINT JOHNS ROAD CAMP HILL, P A 17011 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) LOWER ALLEN TOWNSHIP AUTHORITY 120 LIMEKILN ROAD NEW CUMBERLAND, PA 17070 .. ....... 4. Name and address oflast recorded holder of every mortgage ofrecord: 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 99 SAINT JOHNS ROAD CAMP HILL, PA 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of WeIfare 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 of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. .c-~'-'---------'-'- November 30. 2005 DATE ."" ~. (o~ .,~ \~A.O' '~\\r\ilU?~ DANlELC:SC,"""" ,FBQUlRE ~ Attorney for Plaintiff \.) " . . , ~, '!-:-~ c-.. , f'.' +...-:- c::- " MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 05-4507 CIVIL TERM v. STEVEN R. NELSON Defendant(s). November 30, 2005 TO: STEVEN R. NELSON 99 SAINT JOHNS ROAD CAMP HILL, P A 17011 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT. BUT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY ** Your house (real estate) at, 99 SAINT JOHNS ROAD. CAMP HILL. PA 17011, 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 $91,360.22 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: 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. 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 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 ALA WYER 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 , DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northeast right of way line of Saint John's Church Road, Pennsylvania Legislative Route #21079,523.48 feet southeast of intersection of Pennsylvania State Route #570 right of way line; thence along undcr lands now or late of Retura A. Westfall, North 48 degrees 53 minutes 30 seconds East 100 feet to a point; thence continuing along other lands now or late of Retura A. Westfall South 54 degrees 25 minutes 30 seconds East 86.86 feet to a point; thence South 49 degrees 37 minutes West 120.01 feet to a point in the northeast right to way line of Saint John's Church Road, Pennsylvania Legislative Route #21079; thence along the last mentioned line North 41 degrees 06 minutes 30 seconds West 83.0 feet to a point, the place of BEGINNING. BEING A PART OF Tract No.2 of Summit Corporation property, made byD.P. Raffensperger, Registered Surveyor, dated April 19, 1956, amended May 31, 1956. HAVING THEREON ERECTED a dwelling known as 99 St. John's Road Camp Hill, Pa.17011 NOTWITHSTANDING the Lower Allen Township Zoning classification governing the herein mentioned tract, this property is hereby specifically restricted against commercial use. BEING THE SAME PREMISES which Retura A. Westfall, widow, by her Attorney in Fact, Gayle R. Rooser, by Deed dated April 28, 1988 and recorded in Cumberland County Recorder of Deeds Office in Deed Book 1133, page 818, granted and conveyed unto John P. Alexander, Jr., single man and Steven R. Nelson, single man, the Grantors herein. Being Parcel # 13-23-0553-007 TITLE TO SAID PREMISES IS VESTED IN Steven R. Nelson, single man, by Deed from John P. Alexander, Jr., single man, and Steven R. Nelson, single man dated 12-13- 99, recorded 12-27-99 in Deed Book 213, page 954. Premises: 99 Saint Johns Road, Camp Hill, P A 17011 ~;-;~ c:' ---\ ~~ li'\ , (,,, --~ r;:J (", DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northeast right of way line of Saint John's Church Road, Pennsylvania Legislative Route #21079,523.48 feet southeast of intersection of Pennsylvania State Route #570 right of way line; thence along under lands now or late of Retura A. Westfall, North 48 degrees 53 minutes 30 seconds East 100 feet to a point; thence continuing along other lands now or late of Retura A. Westfall South 54 degrees 25 minutes 30 seconds East 86.86 feet to a point; thence South 49 degrees 37 minutes West 120.01 feet to a point in the northeast right to way line of Saint John's Church Road, Pennsylvania Legislative Route #21079; thence along the last mentioned line North 41 degrees 06 minutes 30 seconds West 83.0 feet to a point, the place of BEGINNING. BEING A PART OF Tract No.2 of Summit Corporation property, made by D.P. Raffensperger, Registered Surveyor, dated April 19, 1956, amended May 31,1956. HAVING THEREON ERECTED a dwelling known as 99 St. John's Road Camp Hill, Pa. 17011 NOTWITHSTANDING the Lower Allen Township Zoning classification governing the herein mentioned tract, this property is hereby specifically restricted against commercial use. BEING THE SAME PREMISES which Retura A. Westfall, widow, by her Attorney in Fact, Gayle R. Rooser, by Deed dated April 28, 1988 and recorded in Cumberland County Recorder of Deeds Office in Deed Book 1133, page 818, granted and conveyed unto John P. Alexander, Jr., single man and Steven R. Nelson, single man, the Grantors herein. Being Parcel # 13-23-0553-007 TITLE TO SAID PREMISES IS VESTED IN Steven R. Nelson, single man, by Deed from John P. Alexander, Jr., single man, and Steven R. Nelson, single man dated 12-13- 99, recorded 12-27-99 in Deed Book 213, page 954. Premises: 99 Saint Johns Road, Camp Hill, PA 17011 , . . AFFIDAVIT OF SERVICE CUMBERLAND COUNTY SMC/KIO No. 05-4507 CIVIL TERM PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DEFENDANT(S) STEVEN R. NELSON ACCT. #0629755265 SERVE STEVEN R. NELSON AT 99 SAINT JOHNS ROAD CAMP IDLL, PA nOlI Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 8, 2006 SERVED I0f-LSoV-' , Defendant, on the I l day of 1>?rc'~200-",- Served and made known to ') ~prA.~ at L > " , o'clock\f--.m., at t;\ '1 ")(,\J0 ..'0......, C""'C'I [Lp CiL.v\, Ll; ({ , Commonwealth of Pennsylvania, in the manner described below: D( Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s compauy. Other: Description: / Age4, , I HeightE Weight 250 Race tAl Sex l'''- Other 1,~P""1 '"} L.V\~~ ,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. .~ On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 151 Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this ~ day of , 200 ~. Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esqnire - LD. No. 62205 5 o ~, c;;.:, "::;,'~ ;':.)1 o ., -.... ::c -1 \'i1p~ -i.~lrT~ ~;"}C7 .,_'" I "--jG' ~? ~~i ',~' rn -~::-{ ~~ :';b -< CJ III c-:> ,,) CO -'...~ :i 00 . SALE DATE: MARCH 8. 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. No.: 05-4507 CIVIL TERM vs. STEVEN R. NELSON AFFIDA VII 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 ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 99 SAINT JOHNS ROAD. CAMP HILL, P A 17011. As required by Pa. RC.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 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 6, 2006 SQUIRE . . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF' COMMON PLEAS v. CIVIL DIVISION STEVEN R. NELSON NO. 05-4507 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 infonnation concerning the real property located at ,99 SAINT JOHNS ROAD, CAMP HILL, PA 17011. 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) STEVEN R. NELSON 99 SAINT JOHNS ROAD CAMP HILL, PA 17011 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) LOWER ALLEN TOWNSHIP AUTHORITY 120 LIMEKILN ROAD NEW CUMBERLAND, P A 17070 . 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 99 SAINT JOHNS ROAD CAMP HILL, PA 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 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 infonnation 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. ~-'-- November 30, 2005 DATE ", ~ (J ~ . ~\~A.O! ~. ~ DANIEL G~SCHMffi , ESQUIRE Attorney for Plaintiff ; - If Z ~Oll:lOJl"''' 1;0\6\ '300~ g?\l61)t~OOU gOO?' \0 ~""'. l\ Z;U oO'Z,,,O ;p <-'"~:"" ~j';) i ~I_ ""- ...0 - VfrJ.liod,;Y o o?f 0-';; p.: :! 8- .J sg ....:i, 'S u o ",t/l" ~.g ~.g ~"'.,; .. ..... 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'0 ~~ "(:.0 ~- o ^ o "'" ~~ 7. ~ sE o 0 r-O< '" - " ~ g if> ~ ~ 0," t~ 5'~ ,,-;; - . ~ ~ o- r-'" - DATE: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. vs. STEVEN R NELSON TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): STEVEN R NELSON PROPERTY: 99 SAINT JOHNS ROAD CAMP HILL, P A 17011 Improvements: Residential dwelling Judgment Amount: $91,360.22 CUMBERLAND COUNTY NO. 05-4507 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, P A at 10:00 a.mOo 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 Sheriff's Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY, as we are not pennitted 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. Mortgage Electronic Registration Systems, Inc. VS Steven R. Nelson In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-4507 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Steven R. Nelson, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sheriff's Sale and Description as NOT FOUND as to the defendant, Steven R. Nelson. Several attempts at service were made, but Deputies were not able to make contact with any individual at 99 St. Johns Road, Camp Hill, PA 17011. Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 09,2006 at 12:18 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 Steven R. Nelson located at 99 St. Johns Road, Camp Hill, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriff's Costs: Docketing Poundage Posting Handbills Advertising Law Library Prothonotary Mileage Certified Mail Levy Surcharge Postage Law Journal Patriot News Share of Bills 30.00 233.07 15.00 15.00 .50 1.00 39.60 3.66 15.00 20.00 .78 455.00 359.00 21.05 $1,208.66 Sworn and subscribed to before me SOA~ Ai-A ~ -~~~ 2006, A.D. R. Thomas Kline, Sheriff BY Jb~ ~ vvU-tL1 Real Estate ergeant J.6V cA... 53J. yf' f2u.... /16'191 . J .. MORTGAGE ELECTRONIC REGISTRATION . SYSTEMS, INC. . CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION STEVEN R. NELSON NO. 05-4507 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 ,99 SAINT JOHNS ROAD, CAMP HILL, P A 17011 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) STEVEN R. NELSON 99 SAINT JOHNS ROAD CAMP HILL, PA 17011 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) LOWER ALLEN TOWNSHIP AUTHORITY 120 LIMEKILN ROAD NEW CUMBERLAND, P A 17070 ~ . , 4. Name and address of last recorded hol<;jer 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 99 SAINT JOHNS ROAD CAMP HILL, P A 17011 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 November 30. 2005 DATE 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. ~ ~ \~)~',QQ ll~tlli DANIELG~CHMffi ,ESQUIRE Attorney for Plaintiff , ~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 05-4507 CIVIL TERM v. STEVEN R. NELSON Defendant(s). November 30, 2005 TO: STEVEN R. NELSON 99 SAINT JOHNS ROAD CAMP HILL, P A 17011 "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, 99 SAINT JOHNS ROAD, CAMP HILL, PA 17011. 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$91,360.22 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: 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. 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 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 CERT AlN piece or parcel of land situate in the Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northeast right of way line of Saint John's Church Road, Pennsylvania Legislative Route #21079, 523.48 feet southeast of intersection of Pennsylvania State Route #570 right of way line; thence along under lands now or late of Retura A. Westfall, North 48 degrees 53 minutes 30 seconds East 100 feet to a point; thence continuing along other lands now or late of Retura A. Westfall South 54 degrees 25 minutes 30 seconds East 86.86 feet to a point; thence South 49 degrees 37 minutes West 120.01 feet to a point in the northeast right to way line of Saint John's Church Road, Pennsylvania Legislative Route #21079; thence along the last mentioned line North 41 degrees 06 minutes 30 seconds West 83.0 feet to a point, the place of BEGINNING. BEING APART OF Tract No.2 of Summit Corporation property, made by D.P. Raffensperger, Registered Surveyor, dated April 19, 1956, amended May 31, 1956. HAVING THEREON ERECTED a dwelling known as 99 St. John's Road Camp Hill, Pa.17011 NOTWITHSTANDING the Lower Allen Township Zoning classification governing the herein mentioned tract, this property is hereby specifically restricted against commercial use. BEING THE SAME PREMISES which Retura A. Westfall, widow, by her Attorney in Fact, Gayle R. Rooser, by Deed dated April 28, 1988 and recorded in Cumberland County Recorder of Deeds Office in Deed Book 1133, page 818, granted and conveyed unto John P. Alexander, Jr., single man and Steven R. Nelson, single man, the Grantors herein. Being Parcel # 13-23-0553-007 TITLE TO SAID PREMISES IS VESTED IN Steven R. Nelson, single man, by Deed from John P. Alexander, Jr., single man, and Steven R. Nelson, single man dated 12-13- 99, recorded 12-27-99 in Deed Book 213, page 954. Premises: 99 Saint Johns Road, Camp Hill, P A 17011 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLV ANV,\) COUNTY OF CUMBERLAND) NO 05-4507 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs dne MORTGAGE ELECTRONIC REGISTRATION Plaintiff (s) From STEVEN R. NELSON (I) You are directed to levy upon the property ofthe 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 gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him!her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $91,360.22 L.L. $.50 Interest FROM 11/1/05 TO 3/8/06 (PER DIEM - $15.02) - $1,907.54 AND COSTS Atty's Conun % Due Prothy $1.00 Atty Paid $134.00 Other Costs Plaintiff Paid Date: DECEMBER 2, 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 PffiLADLEPffiA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No. 62205 "..'J' '!: :.... Real Estate Sale # 25 On December 13, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 99 Saint J&OOs Road, Camp Hill, more fully described on Exhibit "A" Date: December 13, 2005 By: J [)~ SwUth t2i ~ c::;-l r::: :a G,) fWij filed with this writ and by this reference incorporated herein. Real Estate Sergeant L I l()I 'V q- 310 . Vd '''u1>I1I03 OHVI(J38wn:J .:I.:I1~3HS 3Hl .:l0 331.:1.:10 . . . .. \ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss 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 #25 06 A.D. Sworn to and subscribed before e NOT PUBLIC My commission expires June 6, 2006 . CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTIlOUSE CARLISLE, PA. 17013 } ' > , " . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND: Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication or 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 ilDd 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 "I' 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 tme. ditor SWORN TO AND SUBSCRIBED before me this _--1-dayof February. 2006 ~~~)--L ;.r~.,-"tfQ"llv' -" !,~ ~, 'np,i\-< c:c,~:, ~ III r"' '. n.., <,....L _ ~ Lei.S Sf>JYftFJl Notarv Pub!1c ;: (::'c'" I? '"jmo: (>In;berian~l Countv , I .:.-:-:;;(V"; L ,:;".:' ;;\('~)'";. S,. 2:~V; ~ .,c"-,',,, :._....';'.:..~I!,,~,....', ..... _ eM.- 110. . Writ No. 2005-4507 Civil Mortgage Electronic Registration Systems, Inc. vs. Steven R. Nelson Atty: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Town- ship of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania. more particularly de- scrtbed as follows: BEGINNING at a point on the northeast right of way line of SaInt John's Church Road. Pennsylvania Legislative Route #21079. 523.48 feet southeast of intersection of Pennsylvania State Route #570 right of way Hne; thence along under lands now or late of Retura A. Westfall, North 48 degrees 53 tnln- utes 30 seconds East 100 feet to a point; thence continuing along other lands now or late of Retura A. Westfall South 54 degrees 25 tnln- utes 30 seconds East 86.86 feet to a point; thence South 49 degrees 37 minutes West 120.01 feet to a point in the northeast right of way line of Saint Jalm's Church Road, Pennsylvania Legislative Route #21079; thence along the last men- tioned line North 41 degrees 06 minutes 30 seconds West 83.0 feet to a point. the place of BEGINNING. BEING A PART OF Tract No. 2 of Summit Corporation property. made by D.P. Raffen.perg..., ReI- Istered Surveyor, dated April 19, 1956. amended May 31. 1956. HAVING THEREON ERECTED a dwelling known as 99 St. John's Road, Camp Hill. Pa. J70Il. NOTWITHSTANDING the Lower Allen Township Zoning classification governing the herein mentioned tract, this property is hereby spe- cifically restricted against commer- cial use. BEING THE SAME PREMISES which Retura A. Westfall, widow, by her Attorney in Fact. Gayle R. Rooser, by Deed dated April 28. 1988 and recorded in Cumberland County Recorder of Deeds Office in Deed BQok Il33, page 818. granted and conveyed unto John P. Alex- ander, Jr., single man and Steven R. Nelson. single man, the Grant- ors herein. Being Parcel # 13-23-0553-007. TITLE TO SAlD PREMISES IS VESTED IN Steven R. Nelson. single man. by Deed from John P. Alex- ander, Jr., single man, and Steven R. Nelson. single man dated 12-13- 99, recorded 12-27~99 in Deed Book 213, page 954. Premises: 99 Saint Johns Road, Camp Hill. PA J70Il.