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HomeMy WebLinkAbout05-4508 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 v. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. oS- -./.fS"cR C;GJt.(/~~ CUMBERLAND COUNTY SUSAN A. IRVIN TERRY L. IRVIN 108 GREASON ROAD PLAINFIELD, P A 17081 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS 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, PA 17013 (800)990-9] 08 File#: 119695 File #: 119695 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MA Y OBTAIN AN EXTENSION OF THA T TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: FLAGST AR BANK F.S.B. 5151 CORPORATE DRIVE, SUITE 200 TROY, MI 48098 2. The name(s) and last known address(es) of the Defendant(s) are: SUSAN A. IRVIN TERRY L. IRVIN 108 GREASON ROAD PLAINFIELD, PA 17081 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 0411 6/2002 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: 1756, Page: 2498. 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 02/01/2005 and each month thereafter are due and unpaid, aud by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by writteu notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 119695 6. The following amounts are due on the mortgage: Principal Balance Interest 0110 1/2005 through 08/31/2005 (Per Diem $24.63) Attorney's Fees Cumulative Late Charges 04/16/2002 to 08/31/2005 Cost of Suit and Title Search Subtotal $114,143.33 5,985.09 1,250.00 593.88 $ 550.00 $ 122,522.30 Escrow Credit Deficit Subtotal - 49.14 0.00 $- 49.14 TOTAL $ 122,473.16 7. The attorney's fees set forth above are in confonnity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant( s) on the dater 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 $ 122,473.16, together with interest from 08/31/2005 at the rate of$24.63 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. PHELt~. L1NAN & SCtIM~E~ ;f} '-7::~~/~ By: IslFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Fik#: 119695 LEGAL DESCRIPTION ALL the following described house and lots situate in the Village of Plainfield, West Pennsboro Township, Cwnberland County, Pennsylvania, bounded and described as follows, to wit: TRACT NO. I: BEGINNING at a point in the center of the public road leading from Plainfield to Greason; thence by the center of said road, North 86-114 degrees West, 60 feet; thence by Tract No.2, North 5-114 degrees West, 123.75 feet; thence by land now or formerly of John Lehman, South 87-114 degrees East, 60 feet; thence by land now or formerly of Annie Cully, South 5-114 degrees East, 123.75 feet to the place of BEGINNING. TRACT NO.2: ADJOINING Tract No I on the West with a frontage on the public road leading from Plainfield to Greason of 60 feet and an even depth to the land now or formerly of John Lehman on the North (said lot being a depth of 123.75 feet), and said lot being bounded on the South by the aforesaid public road; on the West by land now or formerly of Levi Thumma; on the North by land now or formerly of John Lehman and on the East by Lot No. I. BEING the same premises which Douglas R. Hollen and Leslie C. Hollen, husband and wife, by their deed dated October 27, 1988 and recorded in Cumberland County Deed Book Q, Volume 33, Page 284, granted and conveyed unto Terry L. Irvin and Alison L. Irvin, husband and wife, Grantors herein. PREMISES BEING: 108 GREASON ROAD. File #: 119695 VERIFICA nON 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. ~/lu- Francis S. Hallinan, Esquire Attorney for Plaintiff DATE:~< 3/-oS () .....' r::'";> 0 ('.:) -{q" C (''::',~':) ."~ ", IJ <:.:J1 1 ~ (j) .-\ t p1 -,'- ,-'- ." ~.) \11(':':;; r:, I c:? .......... ~ 6 IS"- .z:: ;7"-'" 9 \) -Cl ~? -- ...:t F! -" -- - ('0) "\y <.r, w '" ~ ---t:- SHERIFF'S RETURN - REGULAR CASE NO: 2005-04508 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS IRVIN SUSAN A ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon IRVIN SUSAN A the DEFENDANT , at 1042:00 HOURS, on the 10th day of September, 2005 at 108 GREASON ROAD CARLISLE, PA 17013 by handing to TERRY IRVIN, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 4.80 .00 10.00 .00 32.80 So Answers: ?"~/f??~:</~ R. Thomas Kline day of Deputy Sheriff me this 09/12/2005 PHELAN HALLINAN SCHMIEG By: d1. 0/M/1 /1/1f1.JtV,f' (< Sworn and Subscribed to before A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2005-04508 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS IRVIN SUSAN A ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon IRVIN TERRY L the DEFENDANT , at 1042:00 HOURS, on the 10th day of September, 2005 at 108 GREASON ROAD CARLISLE, PA 17013 by handing to TERRY IRVIN a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 . ,,/ "~~::~;~;3":::~ R. Thomas Kline me this ~5 day of 09/12/2005 PHELAN HALLINAN l1~G By: ;r~~ Deputy Sheriff Sworn and Subscribed to before A.D. . PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STA nON 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. 05-4508 CIVIL TERM SUSAN A. IRVIN TERRY L. IRVIN 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 SUSAN A. IRVIN and TERRY L. IRVIN, 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 9/1105 to 10/28/05 TOTAL $122,473.16 $1,428.54 $123,901. 70 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. ~~.JjJ~;1 DANIEL G. SCHMIEG, ESQtJIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS TNDICATED. ~ DATE: .llJou I, dC:DS r1~ PRQ"PROTH ...-- PHELAN HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PAt 91 03 (71 ,) ,1>,-7000 MORTGAGE ELECTRONIC REGISTRATION: COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY SUSAN A. IRVIN TERRY L. IRVIN : NO. 2005-4508 Defendants TO: TERRY L. IRVIN 108 GREASON ROAD PLAINFIELD, PA 17081 DATE OF NOTICE: OCTOBRR 4 20ne; THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 ~., .\ .... .. ,. ... ~ (, .~. 1\1... ~. F IN2I~~..~~LLIN~~~~~~I~E Attorneys for Plaintiff , PHELAN HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (7 I ") "01-7000 MORTGAGE ELECTRONIC REGISTRATION: COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY SUSAN A. IRVIN TERRY L. IRVIN : NO. 2005-4508 Defendants TO: SUSAN A. IRVIN 108 GREASON ROAD PLAINFIELD, P A 17081 DATE OF NOTICE: OrTORRR 4 2000; THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 .' ~ ,. ,:,_ t" '....,.... \\""", \ ,y i J / JrULu, NCIS S. HALLINAN, ESQUIRE meys 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 CUMBERI,AND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 05-4508 CIVIL TERM v. SUSAN A. IRVIN TERRY L. IRVIN 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 SUSAN A. IRVIN is over 18 years of age and resides at , 108 GREASON ROAD, PLAINFIELD, PA 17081. ( c) that defendant TERRY L. IRVIN is over 18 years of age, and resides at , 108 GREASON ROAD, PLAINFIELD, P A 17081. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ff7~ ~f}j.~ DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff () t1- ~ is' - ..2:::- rn ~ ~ C> ::: ~ ,-t: ~ ..t:. - 0 f= ~ ,.4) () () ~ ~~ I r-> cc.> = <J' ~ \ - () C -? ~"~ 4')(\' .'r'~: . -C>' . ~>- -' ((.1:":.' 2-,--- ,- , :c -- ~~~ S-.:, j:"c: -y :2 q. .... :r;"", l'1"l\"D ~y. DC) -~~. ~-'f:" (~~ {;_"'-l'" ::!t :E- .~ ""U :% ~ tJ1 Ct:J (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. 05-4508 CIVIL TERM SUSAN A. IRVIN TERRY L. IRVIN Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on JlJDtJ. / 200 s: BY~~ '7 rfyou have any questions concerning this matter, please contact: ~ .~~ DANIEL G, SCHMIEG, ES IRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19]03-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU 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." , (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. No. 05-4508 CIVIL TERM SUSAN A. IRVIN TERRY L. IRVIN Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $123,901.70 .. Interest from 10/28/05 to MARCH 8, 2006 (per diem -$20.37) $2,668.47 and Costs TOTAL $126,570.17 tr~_)jJC~l DANIEL G. SCHMIEG, ESQurn:€ One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ........ ~~ r-r- ........ << ~~ 55 ~~ ~ z~ < ~< "O~ ~~ .0 ~'?: U G ~~ \l) I<'~ I,)~ ~ ~~ ~'E ~~ '" ... ~ \l) ~z ~~ ~~ I<'a ,!) ~~ ....s zZ 8' ~I<' 0" 00 e ~~~ b~ ee .. c ~~ ~:i '" o~ ~~ .;, ..e~ ~~ 'oJ ~~ ;r I,)Z ~~ .. ~~ p. ...-g ,,~ ~~ \l) --d 01,) ~~ "'I<' 0'" ~.... 'oJ ~... ...0 ~ ~~ c.?~ I<''b 1 -g~ ~~ ~ ~ \l) ~ ~~ 06 I,) ~ ~ ~ ~ ~~ .~ 4- ~~ \J..; "''$ ~ ~~ I,) 15" co ?:, If) :;;<: N z: .- ::>-<!. ~, c~ u..t~; :r. C)-::;:;;:; - ( ),..--,- '-:"4 - - ;"-c\ 0.- --- ~ \.-1.- "'"1~' -,)3 C1 r:4 ' or-:: - ;:;?n ::: - -i ~ ::r 6c:; ::: " - :r 0.: I -'-.\ :2 -d ~::: \JJ.0- ,...-....,..- 0 -l. - ~ ;:;:,!~1..1 ::>'" ",'."/- - ~ u~ u..lS l1) \ -J ~z ~~ \ ~ ~ ::::> :r ~ (.) J Cl () (J &. 2. ~ () Cl "=t\ Vj ('J 0" <J Lo ~ V> C"( ...9 \.Il c::;:.. 'l\ ::) '- ~ c) 0 '- ('<) - U) "'" "&} \:))- ~ . .. DESCRIPTION ALL the following described house and lots situate in the Village of Plainfield, West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: TRACT NO. I: BEGINNING at a point in the center of the public road leading from Plainfield to Greason; thence by the center of said road, North 86-1/4 degrees West, 60 feet; thence by Tract No.2, North 5-1/4 degrees West, 123.75 feet; thence by land now or formerly of John Lehman, South 87-1/4 degrees East, 60 feet; thence by land now or formerly of Annie Cully, South 5-1/4 degrees East, 123.75 feet to the place of BEGINNING. TRACT NO.2: ADJOINING Tract No I on the West with a frontage on the public road leading from Plainfield to Greason of 60 feet and an even depth to the land now or formerly of John Lehman on the North (said lot being a depth of 123.75 feet), and said lot being bounded on the South by the aforesaid public road; on the West by land now or formerly of Levi Thumma; on the North by land now or formerly of John Lehman and on the East by Lot No. 1. BEING the same premises which Douglas R. Hollen and Leslie C. Hollen, husband and wife, by their deed dated October 27, 1988 and recorded in Cumberland County Deed Book Q, Volume 33, Page 284, granted and conveyed WltO Terry 1. Irvin and Alison 1. Irvin, husband and wife, Grantors herein. Being Parcel # 46-18-1394-063 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Terry 1. Irvin by Deed [rom Terry 1. Irvin and Alison 1. Irvin dated 9-10-92, recorded 10-5-92 in Deed Book 35, page 643. PREMISES BEING: 108 GREASON ROAD, PLAINFIELD, PA 17081 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4508 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 SUSAN A. IRVIN AND TERRY L. IRVIN (t) You are directed to levy upon the property of the defendant (.)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant( s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $123,901.70 L.L. $.50 Interest FROM 10/28/05 TO 3/8/06 (PER DIEM - $20.37) - $2,668.47 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $130.80 Plaintiff Paid Other Costs Date: NOVEMBER 1, 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OI<' COMMON PLEAS v. CIVIL DIVISION SUSAN A. IRVIN TERRY L. IRVIN NO. 05-4508 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 ,108 GREASON ROAD, PLAINFIELD, P A 17081 . I. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SUSAN A. IRVIN 108 GREASON ROAD PLAINFIELD, PA 17081 TERRY 1. IRVIN 108 GREASON ROAD PLAINFIELD, PA 17081 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 108 GREASON ROAD PLAINFIELD, P A 17081 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 28. 2005 DATE ~fJ~ J1J~ DANIEL G. SCHMIEG, ESQ E Attorney for Plaintiff n .....' t=-"') ~ ~ = "', -of,l:l % ~:n [!"1 fi~ <::> ....?:- ''T, -< ~~~ ?'" i~ I ~{! :'," ~ ~c:' )>- -0 '1-' _.,.-t-4 z;(~ :;:,: ~4('~ ~C I);l arn z ~ :? UI OJ ~ 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 SUSAN A. IRVIN TERRY L. IRVIN NO. 05-4508 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. ~;. J DANIEL G. SCHMIEG, ES Attorney for Plaintiff C) ~ -oU. rr>rr' ";7 -.J ~;'r '(j-..; J< 2~ J;(.-~, ~:;::-;t....,) .']?'c ~ ~ ~ :;t: o ...::: I '"" % ~ .-1 ~;i;! -oFr) ''','6 C" -<-i_TO, :3._4. (;0 t{'" -I 55 :...:: N .. (J'l OJ - . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 05-4508 CIVIL TERM v. SUSAN A. IRVIN TERRY L. IRVIN Defendant(s). October 28, 2005 TO: SUSAN A. IRVIN 108 GREASON ROAD PLAINFIELD, PA 17081 TERRY L. IRVIN 108 GREASON ROAD PLAINFIELD, P A 17081 **THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORM A TlON 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 ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 108 GREASON ROAD, PLAINFIELD, PA 17081, 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 $123,901. 70 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 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 ofthe property as ifthe sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PAl 7013 . DESCRIPTION ALL the following described house and lots situate in the Village of Plainfield, West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: TRACT NO. I: BEGINNING at a point in the center of the public road leading from Plainfield to Greason; thence by the center of said road, North 86-1/4 degrees West, 60 feet; thence by Tract No.2, North 5-1/4 degrees West, 123.75 feet; thence by land now or formerly of John Lehman, South 87-1/4 degrees East, 60 feet; thence by land now or formerly of Annie Cully, South 5-1/4 degrees East, 123.75 feet to the place of BEGINNING. TRACT NO.2: ADJOINING Tract No 1 on the West with a frontage on the public road leading from Plainfield to Greason of 60 feet and an even depth to the land now or formerly of John Lehman on the North (said lot being a depth of 123.75 feet), and said lot being bounded on the South by the aforesaid public road; on the West by land now or formerly of Levi Thumma; on the North by land now or formerly of John Lehman and on the East by Lot No.1. BEING the same premises which Douglas R. Hollen and Leslie C. Hollen, husband and wife, by their deed dated October 27, 1988 and recorded in Cumberland County Deed Book Q, Volume 33, Page 284, granted and conveyed unto Terry 1. Irvin and Alison 1. Irvin, husband and wife, Grantors herein. Being Parcel # 46-18-1394-063 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Terry 1. Irvin by Deed from Terry 1. Irvin and Alison 1. Irvin dated 9-10-92, recorded 10-5-92 in Deed Book 35, page 643. PREMISES BEING: 108 GREASON ROAD, PLAINFIELD, P A 17081 (') ~; -DC ITJr" '::CC';.,'" / , ti:! .7 r:.;C ?:: C~ ;Z~ t> Jo'C -:.- ~ -< r-> = = c.n :% o ""'" I ~ ~:g fi" :gd _.~ I 00 '~"j -r, ::!.....-q 90 --rn ~ <.5 '< -Q -,- - N ., U1 co AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFl<'. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. PMB No. 05-4508 CIVIL TERM DEFENDANT(S) SUSAN A. IRVIN TERRY L. IRVIN PHS #119695 SERVE TERRY L. IRVIN AT 108 GREASON ROAD PLAINFIELD, PA 17081 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 8, 2006 SERVED Served and made known to _:])::12. i2'f L .. ,2002,at (1)')0 ,o'clocklLm.,at 16'jS' iR"fN ~5()/J RMD, , Defendant, on the 14-h, PWl/1\ P It;LD dayof NC\I\:WIBel< , Commonwealth of Pennsylvania, in the manner described below: \I Defendant personally served. Adult family member with whom Defendant(s) residers). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age A Height!2]Q r' Weight ill Race --Y:L.. Sex ;t1 Other J, _Ro N 4-GC> M() L.l , a competent adult, being duly sworn according to law, depose and state that J 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. (/8:-;; t~ an ub .cri~ be met' daL . 00..).......<::70 II , .... N ar: -~c,,~ " " LEA~~~l"flllMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE State 0\ New Jers~\ ATTEMPTED. pi\TRICIA E t\AR '\6 200B , , on Expires June , Corrmw;S\ On the day of K~~ NOT SERVED ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attoruev for Plaintiff Daniel G. Schmieg, Esquire LD. No. 62205 ''" \ 3 . AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY PMB No. 05-4508 CIVIL TERM DEFENDANT(S) SUSAN A. IRVIN TERRY L. IRVIN PHS #119695 SERVE SUSAN A.IRVlN AT 108 GREASON ROAD PLAINFIELD, PA 17081 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 8, 2006 Served and made known to SERVED S'~{SM A. r (2v IN, Defendant, on the ~~ day of ~() VU1fSf-P..200~ c5RFA$llN.~, 'PLAlrJh~U) , Commonwealth at II :~O ,o'clock iL.m., at I 0 ~ of Pennsylvania, in the manner described below: Defendant personally served, II , '- I II' Adnlt family member with whom Defendant(s) reside(s). Name and Relationship is ---.i1<<-S I') ;)(,(.<'\ Adnlt 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 company. Other: Description: Age 4~ Height~" Weightfl.D Race~Sex Mather I, -'PfJ N lk..f) (1111 L-- L- , 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 ad ess indicated above. Ned?!)! Puoj'rc State of NeVi Jersey On iJ-t, PATRICI!IJi:llJfRf1iS c;O~ III f1~::>IUll Expires June 1 (I, 20J8 Moved Unknown NOT SERVED ,200_, at o'clock _.m., Defendant NOT FOUND because: No Answer Vaeant 1 st 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, Esquire -I.D. No. 62205 /to J Mortgage Electronic Registration Systems, Inc. VS Susan A. Irvin and Terry 1. Irvin The Court of Conunon Pleas of Cumberland County, Pennsylvania Writ No. 2005-4508 Civil Term Robert Bitner, Deputy Sheriff, who being du1y sworn according to law, states that on January 11,2006 at 8:00 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 defendants, to wit: Susan A. Irvin and Terry 1. Irvine, by making known unto Susan Irvin, personally and adult in charge for Terry 1. Irvin, at 30 Swartz Road, Newburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on January 23, 2006 at 3:35 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Susan A. Irvin and Terry 1. Irvin, located at 108 Greason Road, Plainfield, 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 defendants, to wit: Susan A. Irvin and Terry 1. Irvin, by regular mail to their last known address of 30 Swartz Road, Newburg, P A 17240. These letters were mailed under the date of January 24, 2006 and never retumed to the Sheriff's 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 Handbills Advertising Law Library Prothonotary Mileage Certified Mail Levy Surcharge 30.00 18.34 30.00 30.00 .50 1.00 22.88 3.66 30.00 40.00 Postage Law Joumal Patriot News Share of Bills .78 389.00 318.20 21.05 $935.41 Sworn and subscribed to before me 2006, A.D. ~~:~~~ R. Thomas Kline, Sheriff BY~ Real Estate ergeant ),:1) ~ j-!J2'f'1 flu.. ,n( I)bV . . MOJTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY . Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION SUSAN A. IRVIN TERRY L. IRVIN NO. 05-4508 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 ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,108 GREASON ROAD, PLAINFIELD, PA 17081. I. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SUSAN A. IRVIN 108 GREASON ROAD PLAINFIELD, P A 17081 TERRY 1. IRVIN 108 GREASON ROAD PLAINFIELD, P A 17081 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 carmot be reasonably ascertained, please indicate) Tenant/Occnpant 108 GREASON ROAD PLAINFIELD, P A 17081 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 28. 2005 DATE ;fJ~ JlJ~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff ~ '. .. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. CUMBERLAND COUNTY Plaintiff, No. 05-4508 CML TERM v. SUSAN A. IRVIN TERRY L. mVIN Defendant(s). October 28, 2005 TO: SUSAN A. IRVIN 108 GREASON ROAD PLAINFIELD, P A 17081 TERRY 1. IRVIN 108 GREASON ROAD PLAINFIELD, P A 17081 "THIS FIRM IS A DEBT COLLECTOR A ITEMPTING TO COLLECT A DEBT AND ANY INFORMA TION 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." YQur house (real estate) at, 108 GREASON ROAD, PLAINFIELD, PA 17081. 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, PA 17013, to enforce the court judgment of$123,901.70 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. rfthe Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out ifthis has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A 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 OrnCE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav notbe 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 ASSOCIA nON 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PAl 7013 v . . DESCRIPTION ALL the following described house and lots situate in the Village of Plainfield, West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: TRACT NO.1: BEGINNING at a point in the center of the public road leading from Plainfield to Greason; thence by the center of said road, North 86-114 degrees West, 60 feet; thence by Tract No.2, North 5-114 degrees West, 123.75 feet; thence by land now or formerly of John Lehman, South 87-114 degrees East, 60 feet; thence by land now or formerly of Annie Cully, South 5-114 degrees East, 123.75 feet to the place of BEGINNING. TRACT NO.2: ADJOINING Tract No 1 on the West with a frontage on the public road leading from Plainfield to Greason of 60 feet and an even depth to the land now or formerly of John Lehman on the North (said lot being a depth of 123.75 feet), and said lot being bounded on the South by the aforesaid public road; on the West by land now or formerly of Levi Thumma; on the North by land now or formerly of John Lehman and on the East by Lot No.1. BEING the same premises which Douglas R. Hollen and Leslie C. Hollen, husband and wife, by their deed dated October 27, 1988 and recorded in Cumberland County Deed Book Q, Volume 33, Page 284, granted and conveyed unto Terry 1. Irvin and Alison 1. Irvin, husband and wife, Grantors herein. Being Parcel # 46-18-1394-063 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Terry 1. Irvin by Deed from Terry L. Irvin and Alison 1. Irvin dated 9-10-92, recorded 10-5-92 in Deed Book 35, page 643. PREMISES BEING: 108 GREASON ROAD, PLAINFIELD, PA 17081 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4508 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 SUSAN A. IRVIN AND TERRY L. IRVIN (I) You are directed to levy upon the property of the defendant (o)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 (0) 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $123,901.70 L.L. $.50 Interest FROM 10/28/05 TO 3/8/06 (PER DIEM - $20.37) - $2,668.47 AND COSTS Arty's Connn % Due Prothy $1.00 Arty Paid $130.80 Other Costs Plaintiff Paid '. Date: NOVEMBER 1, 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 ill No. 62205 . i U\i\l Real Estate Sale # 03 On Noyember 8, 2005 the Sherifflevied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA Known and numbered as l08 Greason Road, Plainfield, more fully described on Exhibit "A" tiled with this writ and by this reference incorporated herein. , 't,:' c '. It" Date: NOV~~:~':'j . . By' ~ SJmth Real Estate Sergeant I E S : I i 'i/ Z - WN ~GGl ", .:J :1 j >J ~.' , . .- i (MJ . . . 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 #3 NOT PUBLIC My connnission expires June 6, 2006 , CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 . . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. 1.1784 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 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 tire regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: January 20, 27, February 3, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~ SWORN TO AND SUBSCRIBED before me this 3 day of February. 2006 LA~)~' ~#!A-' lC"-"~~' ~~ ~~Z:c:-;= ~j ~ ~.'Jl A I, C..,,"'IL ! fi l",',", c,.~. (~~l'{DFn ;'JO,;3;l",j pllhn~. I , \ ',,' ,.," "",'\I.,,,;. "-" J "" ..' ~ ~ (~o::.l'l"~:'-' ~,')',c r.'H""hf\r:;-'il(~ f\)jn1V ~ F '.'U_'" .'," " '-~'" .-. .,,". .,' ~ ~ L:~, ~:c::':':;:;,:~:~:~.r:",_. ' ,~; ,";h \ 2-'::':' jj ...... __ -.. ... a Writ No. 2005-4508 Mortgage Electronic Registration Systems, Inc. vs. Susan A. Irvln and Terry L. Irvln Att;)".: Daniel Schmieg DESCRIPTION ALL Ihe following described house and lots situate in the Village of Plalnfleld, West Pennsboro Town- ship, Cumberland Count;)", Pennsyl- vania, bounded and described as follows. to wit: TRACf NO.1: BEGINNING at a point In the cen- ter of the public road leading fTOm Pla.infield to Greason; thence by the center of said road. North 86-1/4 degrees West, 60 feet; thence by Tract No.2, North 5-1/4 degrees West. 123.75 feet; thence by land now or formerly of John Lehman. South 87-1 f 4 degrees East, 60 feet; thence by land now or formerly of Annie Cully, South 5-1/4 degrees East. 123.75 feet to the place of BEGINNING. TRACf NO.2: ADJOINING Tract No, 1 on the West with a frontage on the public road leading from Plainfield to Greason of 60 feet and an even depth to the land now or formerly of John Lehman on the North (_ lot being a depth of 123,75 feetl. and 8aId lot being bounded on the South by the aforesaid public road; on the West by land now or formerly of LevI Thumma; on the North by land now or formerly of John Lehman and on the East by Lot No. 1. BEING the same premises which Douglas R. Hollen and LesHe C. Hollen. husband and wife. by thetr deed dated October 27, 1988 and recorded 1n Cumberland County Deed Book g, Volume 33. Page 284. granted and conveyed unto Terry L. Irvin and Alison L. Irvin. hus- band and wife. Grantors herein. Belng Parcel # 46-18-1394-063. RECORD OWNER TITLE TO SAlD PREMISES IS VESTED IN Terry L. Irvln by Deed from Terry L. Irvin and Alison L. Irvin dated 9-10-92, recorded 10- 5-92 In Deed Book 35. page 643. PREMISES BEING: 108 GREA- SON ROAD. PLAINFIELD. PA 17081.