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HomeMy WebLinkAbout05-4890PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PI?NN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 215 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GKEF,NSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff v. DONALD E. STINE 420 NOKTH EARL STREET SHll'1'ENSBURG, PA 17257-0000 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM , L ~, CUMBERLAND COUNTY 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 enterinr3 ~r written appearance personally or by attorney and filing in writing with the court your defenses or ~~b~~ciiuus 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 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)990-9108 File #~: 123024 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN 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. File #: 123024 I''t~iintiff is MORTGAGE ELECTRONIC ~Z i ~<<ISTRATION SYSTEMS, INC. n ~i71 GREENSBORO DRNE, 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 ~r ~ i r nee for the entity indicated below, which is the owner of the entire beneficial interest in the ~r~<<4~~; gage: CHASE HOME FINANCE, LLC X41 fi VISION DRIVE COLUMBUS, OH 43219 ;~ name(s) and last known address(es) of the Defendant(s) are: ~ )~ )NALD E. STINE `NORTH EARL STREET ~-; 8 '_ Il'PENSBURG, PA 17257-0000 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 03/26/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of '~ ~~,~113ERLAND County, in Mortgage Book: 1859, Page: 221. "1'he premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. F,i~ !+_ 123024 6 The following amounts are due on the mortgage: Principal Balance $61,115.12 Interest 1,397.28 05/01/2005 through 09/19/2005 (Per Diem $9.84) Attorney s Fees 1,250.00 Cumulative Late Charges 67.02 03/26/2004 to 09/19/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 64,379.42 Escrow Credit 0.00 Deficit 431.31 Subtotal $ 431.31 TOTAL $ 64,810.73 9 Th4 :~t4orney's fees set forth above are in conformity with the mortgage documents and P~.a~.•.,.vlvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defcruiant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit cool ~:1mg agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agc~ic;y. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,0(10. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 64,810.73, together with interest from 09/19/2005 at the rate of $9.84 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP (/~ no.vw, <~ By: /s/Francis S. Hallinan~%C/ LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 123024 LEGAL DESCRIPTION All that certain lot of ground situate on the highway leading from Shippensburg to Middle Spring, in Shippensburg Township, Cumberland County, Pennsylvania bounded and described as follows: BEGINNING at a point in the middle of Middle Spring Road at line of lands now or formerly of John Boles, thence along lands now or formerly of John Boles, South 77 degrees 5 minutes West 416 feet to a post at line of land now or formerly of Clark Gephart; thence with the lands now or formerly of Clark Gephart, South 10 degrees 37 minutes East 60.6 feet to a point at line of land or formerly of H. Scott Plasterer; thence along lands now or formerly of H. Scott Plasterer, North 77 degrees S minutes East 391.59 feet, more or less to the middle of Middle Spring Road; thence with the middle of the said road, North 7 degrees 14 minutes East 63.80 feet to a point, the place of BEGINNING. CONTAINING 0.556 acres more or less as shown on plan of T.L. Essick, R.P.E. dated March 1, 1987. Having thereon erected a frame dwelling house previously known and numbered as R.D. #7, Box 173, Shippensburg, Pa, now known as 420 North EARL STREET, Shippensburg, Pa. 17257 Being that same property that Donald E. Stine and Cynthia A. Stine by their deed dated May 16, 1983 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 'F' Volume 30 at page 236 conveyed to Donald E. Stine and Cynthia A. Stine, husband and wife, Grantors herein. File #: 123024 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. 4944 relating to unsworn falsifications to authorities. ~' Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: (r' ~~~~ 'v ~ V~; U~ ~' ~ `~ ~ ~ ~ G ` R t ~ Y.,' ~ ~~ ~, ~, ~~ -, ~ o ~ . ,--~ ~~.ry . ~ _~ ,.~, , ~ . , ~ rig ~ F:r N Cf G7 ,:.7~ r~'e ~~ ; s ` ~ { ~ :~ SHERIFF'S RETURN - REGULAR CASE N0: 2005-04890 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS STINE DONALD E ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE STINE DONALD E was served upon the DEFENDANT at 1917:00 HOURS, on the 21st day of September, 2005 at 420 NORTH EARL STREET SHIPPENSBURG. PA 17257 DEBI STINE, WIFE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 16.00 Affidavit .00 Surcharge 10.00 .00 44.00 Sworn and Subscribed to before me this ~ day of y(,~r A . D . Pr ota So Answers: R. Thomas Kline 09/22/2005 PHELAN HALLINAN SCHMIEG Deputy Sheriff PHELAN HALLINAN &SCHMIEG, L.L.P. ' f By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (2151 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY 8201 GREENSBORO DRIVE, SUITE 350 COURT OF COMMON PLEAS MCLEAN, VA 22102 CIVIL DIVISION Plaintiff, v. NO. OS-4890 CIVIL DONALD E. STINE 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 DONALD E. STINE , 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 $64,810.73 Interest from 9/20/05 to 11/1/OS $423.12 TOTAL $65,233.85 I hereby certify that (]) 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. ANIEL G. SCH I G, ESQUII2E Attorney for Plaintiff ~ DAMAGES ARE HEREBY ASSESSED AS INDICATED. a DATE: ,/1) OV _ ! ~-I a D~.S ~ ~ PR OTH (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 Plaintiff, v. CUMBERLAND COUNTY . COURT OF COMMON PLEAS CIVIL DIVISION NO. OS-4890 CIVIL DONALD E. STINE Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ~~~Ud I ~~ 2005. ~ By: ~ If you have any questions concerning this matter, please contact: D IEL G. SC SQ Attorney for Plaintiff ONE PENN CENTER AT SUBU AN TATION 1617 JOHN E KENNEDY BLVD., ITE 1400 PHILADELPHIA, PA 19103-1814 (215)563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DI'sBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. SF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** PHELAN HALLINAN AND SCHMIEG ~ By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schtnieg, Esq., Id. No. 62205 One Penn Cen[er Plaza, Suite 1400 Philadelphia, PA 19103 (2151 Sfi3-Z40(1 MORTGAGE ELECTRONIC REGISTRATION :COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff CML DIVISION Vs. :CUMBERLAND COUNTY DONALD E. STINE : NO. OS-4890 CIVIL Defendants TO: DONALD E. STINE 420 NORTH EARL, STREET SHIPPENSBURG, PA 17257 DATE OF NOTICE: O('TORF.R 12 2nnc THIS FIItM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DF;BT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY BNFORMATION 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 AC'C WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WFCHOUT 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 ~~~E COpY CARLISLE, PA 17013 (800)990-9108 r v.rz.~rJ fJ )~~~.n~.,.-__ NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN &SCHMIEG, L.L.P. K 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. DONALD E. STINE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. OS-4890 CIVIL 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: Q an FHA mortgage O non-owner occupied O 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 authorifies. ,~ ~ (- \ DANIEL G. SCHM ,ESQUIRE Attorney for Plaintiff J •- r 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 Plaintiff, v. DONALD E. STINE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.OS-4890 CIVIL VERIFICATION OFNON-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 DONALD E. STINE is over 18 years of age and resides at , 420 NORTH EARL STREET, SHIPPENSBURG, PA 17257 . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. _,._. , ` '~~'~ V ti IEL G. SCH G, ESQU Attorney for Plaintiff _ All that certain lot of ground situate on the highway leading fi om Shippensburg to Middle Spring, In Shippensburg Township, Cumberland Coy nty, Pennsylvania bounded and desaibed as follows: BEGINNING at a point in the middle of Middle Spring Road at line of lands now or formerly of John Boles, thence along lands now or formerly of John Boles, South 77 degrees 5 minutes West 416 feet to a post at Ilne of land now or formerly of Clark Gephart ;thence with the lands now or formerly of Clark Gephart, South 10 degrees 37 minutes East 60.6 feet to a poi: it at line of land raw or formerly of N. Scott Plasterer thence along lands now or formerly of H. Scott Plasterer, North 77 degrees 5 minutes Fast 391.59 feet, more or less to the middle aF Middle Spring Road; thence with the middle of the s aid road, North 7 degrees 14 minutes East 63.80 feet to a point, the place of BEGINNING. CONTAINING 0.556 acres more or less as shown on plan of T.L. E:ssick, R.P.F. dated MarrFr 1, 1987. Having thereon en:c*ed a frame dwelling house previously known and numbered as R.D. #7, Box 173, Shippensburg, Pa. now known as 420 North Earl Street, Shippensburg, Pa. 17257 Being that same property that Donald E. Stine and Cynthia A. , TGne b)' thelr,deed dated May 16, 1983 and recorded In the Office of the Recorde • of Deeds in and for Cumberland County, Pennsylvania in Deed t3ook "F" Volume: 30 at page 236 conveyed to Donald E. Stine and Cynthia A. Stine, husband an'i wife, Grantors herein. Premises: 420 North Earl Street, Shippensburg, PA 17257 C~ ~-' ~~ C ~_' '' ~ ~' `_ ` ' _ - -- -~ ~ .~ ~ ~ ~ ~ ~ ,,, w ~.. ~ ~ r ~; t~ , r ~ ~- ' u7 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. DONALD E. STINE Defendant(s). No. OS-4890 CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 11!1!05 to MARCH 8, 2006 (per diem -$10.72) $65,233.85 $1,361.44 and Costs TOTAL $66,595.29 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite Philadelphia, PA 19103-1814 Attorney for Plaintiff Note; Please attach description ofproperty.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative o 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. ~~~ .. . - , .. ;, ~ ~, ,, ~ G ` ~ ~ I . ~ J v ~ Q ?~~ ~ y 1~ /~~ yf ( ~ ~1 H oz ~~ ~ ~~ a ~w a~ w z ~ w ~ ., ~ Uz a~ z y w A wa 00 W ~o z ~z ~~ od c~ a x H ~ ~ U C~ Q z 0 H v ~. w w~ o; H L ~w x~ 00 a~ I.r U w 0 r e-1 a d w x a 0 z 0 N 7 vi -o d a ~ 1 T vJ V ~ ~'~ ,..7. a N r~ ^``' V W ._._1 Ali that certain lot of ground situate on the highway leading fiom Shippensburg to M'Kldle Spring, In Shippensburg Township, Cumberland Cot nty, Pennsylvania bounded and described as follows: BEGINNING at a point in the middle of Middle Spring Road at line of lands now or formerly of John Boles, thence along lands now or formerly of John Boles, South 77 degrees 5 minutes West 416 feet to a post at tine of land now or formerly of Clark Gephart ;thence with the lands now or formerly of Clark Gephart, South 10 degrees 37 minutes East 60.6 feet to a port at line of land now or formerly of H. Scott Plasterer; thence along lands now or formerly of H. Scott Plasterer, North 77 degrees 5 minutes East 391.59 feet, more or less to the middle of Middle Spring Road; thence with the middle of the said road, North 7 degrees 14 mintrbes East 63.80 feet to a point, the place of BEGINNING. CONTAINING 0.556 aces more or less as shown on plan of T.L. Essick, R.P.E. dated March 1, 1987. Having thereon erected a frame dwelling house previously known and numbered as R.D. #7, Box 173, Shlppensburg, Pa. now known as 420 North EaY1 Street, Shippensburg, Pa. 17257 Being that same property that gonald E. Stine and Cynthia A.: Mine by their deed dated May 16, 1983 and recorded In the Office of the Recorde ~ of Deeds in and for Cumberland County, Pennsylvania in Deed Book "F" Volume ~ 30 at page 236 wnveyed to Donald E. Stine and Cynthia A. Stine, husband an~i wife, Grantors herein. Premises: 420 North Eari Street, Shippensburg, PA 17257 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4890 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 DONALD E. STINE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $65,233.85 L.L. $.50 Interest FROM 11/1/OS TO 3/8/06 (PER DIEM - $10.72) - $1,361.44 AND COSTS Atty's Comm Atty Paid $126.00 Plaintiff Paid Date: DECEMBER 2, 2005 Due Prothy $1.00 Other Costs rothono[ary (Seal) 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 By: Deputy Supreme Court ID No. 62205 ., MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. DONALD E. STINE Defendant(s). NO.OS-4890 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,420 NORTH EARL STREET, SHIPPENSBURG, PA 17257 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DONALD E. STINE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 2. Name and address of Defendant(s) in the judgment: Same as above 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) MERS AS NOMINEE FOR WACHOVIA MORTGAGE CORPORATION MERS AS NOMINEE FOR ADVANCED FINANCIAL SERVICES, INC. P.O. BOX 2026 FLINT, MI 48501-2026 P.O. BOX 2026 FLINT, MI 48501-2026 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 maybe 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 maybe affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 [ 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. ~---- ~ , November 30.2005 ~ ~'~ DATE NIEL G. SC~~QU Attorney for Plaintiff ~_.i - !'r v ~ ~ it S- ~:~ ~- _..` i , c '; t ~,.? ~.^ u% MORTGAGE ELECTRONIC REGISTRATION CUMBERLAND COUNTY SYSTEMS, INC. Plaintiff, No. OS-4890 CIVIL v. DONALD E. STINE Defendant(s). November 30, 2005 TO: DONALD E. STINE 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU H.9VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS JS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, B UT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 420 NORTH EARL STREET SHIPPENSBURG PA 17257 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 $65.233.85 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 complia~rce 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: 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. You maybe 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 attomey.) 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 X215) 563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (]0) 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 CARLISLF,, PA 17013 (717)249-3166 Ali that certain lot of ground situate on the highway leading fi om Shippensburg to Middle Spring, In Shippensburg Township, Cumberland Cot nty, Pennsylvania bounded and described as follows: BEGINNING at a point in file middle of Middle Spring Road at line of lands now or formerly of Sohn Boles, thence along lands now or formerly of John Boles, South 77 degrees 5 minutes West 416 feet to a post at line of land now or formerly of Clark Gephart ;thence with the lands now or formerly of Clark Gephart, South 10 degrees 37 minutes East 60.6 feet to a poi: it at line of land now or formerly of H. Scott plasterer; thence along lands now or formerly of H. Scott Plasterer, North 77 degrees 5 minutes East 391.59 feet, more or less to the middle of Middle Spring Road; thence with the middle of the said road, North 7 degrees 14 minutes East 63.80 feet t0 a point, the place of BEGINNING. CONTAINING 0.556 aces more or less as shown on plan of T.L. Essick, R.P.E. dated March 2, 1987. Having thereon erected a frame dwelling house previously known and numbered as R.D, #7, Box 173, Shlppensburg, Pa. now known as 420 North Earl Street, Shippensburg, Pa. 17257 Being that same property that Donald E. Stine and Cynthia A.:~tine try their deed dated May 16, 1983 and recorded in the Office of the Recorde ~ of Deeds in and for Cumberland County, Pennsylvania in Deed Book "F" Volum~a 30 at page 236 conveyed to Donald E. Stine and Cynthia A. Stine, husband arni wife, Grantors herein. Premises: 420 North Earl Street, Shippensburg, PA 17257 (_ '..p ~ ( ) -~i `._~ ~ ~.`, !'I1 ~_ \ AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, TNC. DEFENDANT(S) DONALD E. STINE SERVE DONALD E. STINE AT 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 CUMBERLAND COUNTY SMC/KIO No. OS-4890 CIVIL ACCT. #1978486249 Type of Action - Notice of Sheriff s Sale Sale Date: MARCH 8, 2006 SERVED Served and made known to ~c-x..vc4.v1 STt w~ ,Defendant, on the ~~ da of Y ~4 L , 200 ~ -, at Z~ `'13 ,o'clock~.m, at ~~ _N ~c~~J.L~ S`7 S 64)QPz^-93,~Pa~ ,Commonwealth of Petmsylvania, in the manner described below; Defendant personally served. ~'__Adult family member with whom Defendant(s) reside(s). Name and Relationship is u'' ~~ ~ ¢ 9 R. E STS 1"`Y Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: i ~~ Description: Age ~ Heightf~ ~ Weight ~lW Race c`'' Sex 1- Other I, ~ ~'~t ) kk44~3 , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and coaect 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. and sub c __ day /f// 00~ / /`~/~~`t- 9C7-luL[a~By' / ;.~S~A~fiERVICE AT LEAST 3 TIMES. INDICATE DATES & TIM OF SERVICE ATTEMPTED. PATRICIA E. HARRIS fission Expires June 16, 2008 NOT SERVED On the day of 200_, a[ Moved Unlmown No Answer I~t Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of , 200 _. Notary: By; Attorney [or Plaintiff Daniel G. Schuueg, Esquire - I.D. No. 62205 o'clock _.m, Defendant NOT FOUND because: Vacant 2"a Attempt: / / Time: L7 ^i [.J r" s~ CJ ~ 'ti1 `' Y ~ `t'ip C ~Cz~ ~ ~ =C7 __ ._ jTi7 -1 a- 7 -G SALE DATE: MARCH 8.2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CTVIL ACTION -LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. No.: OS-4890 CIVIL vs. DONALD E. STINE AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 420 NORTH EARL STREET, SHIPPENSBURG, PA 17257. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3810 andlor Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. ~ Attorney for Plaintiff March 7, 2006 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF' COMMON PLEAS v. CIVIL DIVISION DONALD E. STINE NO.OS-4890 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 31:?9 (Affidavit No. l) 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 ,420 NORTH EARL. STREET, SHIPPENSBURG, PA 17257 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, Irlease indicate) DONALD E. STINE 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 2. Name and address of Defendant(s) in thejudgment: 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) MERS AS NOMINEE FOR WACHOVIA MORTGAGE CORPORATION MERS AS NOMINEE FOR ADVANCED FINANCIAL SERVICES, INC. P.O. BOX 2026 FLINT, MI 48501-2026 P.O. BOX 2026 FLINT, MI 48501-2026 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 maybe 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 maybe affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 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. November 30, 2005 ` ~ ~ "~ DATE NIEL G. SCI-II G, ESQl~J~' Attorney for Plaintiff ~ 1 b. c ~' i. ~' a~ mo N m 7 f+ ~o d Rc O ~z o~ e m r~ a ~` ~ ~~ o~~ r, u,a5 "s A ~ m ~ a+ " W N m A~ G ~ ~ .- ° N ~~ ~~ ~ 8g<^ € N ~ o ~ 6 w ~ V A A ~~~ko~ N~ ~~o o ~. 8 8 a ~~~o~ .p ~ 5 fZ ti A D O pC n ~, a 7 N o u ~= ~g~~~ o ~u mp. 2 L3' r ~.~ ~ > and g v- '` F a 9 ~ x ~ ~a b ~ ~ P o.M~u ab~ ~ C H ~ O S P.~ ~~~~ ~ ~ _. ~ r ° ~. ~ `~. ~~°"'q ~~8~ ~.h4.;- y Y; W,~ rt1 `< S'v hd ~ 7 n O b ro ~~~~ ~ o o ~ a~b~ ~oo`~ 9 ~ ~ v ~a ~y b ~ ~~~ m ~' ~ ~ a ~~ -- ~'b 9 ate„ n :6 ~ ¢. ~ ~ a a o ~' cri ~ $ ~ 'r` d ,~ ~~ ~ ro o b ~ No ~ ~ z ~, , o ~ ~ ~ ~ ~ o ~ ~ ~ o ~ C o ~. ~, ~ ~ x} n z G.~ ~c ~a '~~ 0 ~ ~ tb to N O O ~ ~ ~t '~ `~' ° o a ~ x O Jb G O ,yy O .d N ~ N ~ J^ \~/ ~ ~ n ~ " a o ro ~ 9 ,~ • p N ~ ~ ~ O W O ~(8 ~~ ~Gw'~'+~, O1.rJZQos G01 .,~$ ~,p FROM ZIP~~~ 1g, p3 _~_~ PATE: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. vs. DONALD E. STINE TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): DONALD E. STINE PROPERTY: 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 Improvements: Residential dwelling Judgment Amount: $65,233.85 CUMBERLAND COUNTY NO.OS-4890 CIVIL The above-captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on MARCH 8, 2006, at the Cumberland County Courthouse, South Hanover Street, Carlisle, PA at 10:00 a.m.. Our records indicate that you may hold a mortgage, judgment, or other interest on the property, which maybe extinguished by the sale. You may wish to attend the sale to protect your interests. If you have any questions regarding the type of lien or the effect of the Sheriff' s Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY, as we are not permitted to give you legal advice. The Sheriff will file a schedule of Distribution on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. '- ~ t ~ (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. No. OS-4890 CIVIL DONALD E. STINE Defendant(s). TO THE DIIZECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 11/1/OS to DECEMBER 6, 2006 (per diem -$10.72) $65,233.85 $4,288.00 and Costs TOTAL $66,595.29 YZ ___ 0 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is 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. 123024 ~-- ~ . W~'"'~ O v w ~ , ~~ ~, aW ~ ~ U us W G ~ W ~ ~, L~7 4 C p U .~ H A ~ ~ C4 ~+ W~ ~~ ~~ H ~' U "~ ~. °'' -=- ~, .. ~- ~-- ~ A d O A rO F~ v I~ W ~ w~ O d o w 3 0 0 a~ U a ~~ t'9 4w ~ ~ ~ w y ~~~ , (~~~' ~~a ~ ©~ v, o a ~. A r d P~ W a x n W Fn^ ~ • (n W ~ ~ p .~ a ~ ~ ~ ~ d ~ °' „-'~~ S ~ ~ ~ ~ db ~ ~~ ~ M ~ ~ ~ o~ , ~, `~ ~~ All that certain lot of ground situate on the highway leading from Shippensburg to Middle Spring, in Shippensburg Township, Cumberland County, Pennsylvania bounded and described as follows: BEGINNING at a point in the middle of Middle Spring Road at line of lands now or formerly of John Boles, thence along lands now or formerly of John Boles, South 77 degrees 5 minutes West 416 feet to a post at line of land now or formerly of Clark Gephart; thence with the lands now or formerly of Clark Gephart, South 10 degrees 37 minutes East 60.6 feet to a point at line of land or formerly of H. Scott Plasterer; thence along lands now or formerly of H. Scott Plasterer, North 77 degrees 5 minutes East 391.59 feet, more or less to the middle of Middle Spring Road; thence with the middle of the said road, North 7 degrees 14 minutes East 63.80 feet to a point, the place of BEGINNING. CONTAINING 0.556 acres more or less as shown on plan of T.L. Essick, R.P.E. dated March 1, 1987. Having thereon erected a frame dwelling house previously known and numbered as R.D. #7, Box 173, Shippensburg, Pa. now known as 420 North Earl Street, Shippensburg, Pa. 17257 TITLE TO SAID PREMISES IS VESTED IN Donald E. Stine, by Deed from Donald E. Stine and Cynthia A. Stine, husband and wife, dated 12-20-01, recorded 12-27-01 in Deed Book 249, page 3863. This was a conveyance from husband and wife to husband. Premises: 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 36-33-7865-020 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4890 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 DONALD E. STINE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $65,233.85 L.L. Interest FROM 11/1/05 TO 12/6/06 (PER DIEM - $10.72) -- $4,288.00 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $989.33 Other Costs Plaintiff Paid Date: AUGUST 2, 2006 CURTIS R. LONG Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADLEPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: DONALD E. STINE Debtor MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Movant v. DONALD E. STINE Respondent Bk. No. 1-06-bk-00346 MDF Chapter No. 7 ' 11 U.S.C. §362 ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 420 NORTH EARL STREET, SHIPPENSBURG, PA 17257, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 4001(a)(3) is not applicable and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. may immediately enforce and implement this Order granting Relief from the automatic stay. By tl-r Coiu-t, Dated: July 6, 2006 ~~ ~ Jgdge This document is edectranically signed and,filed an the same date. _' r MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. . DONALD E. STINE . Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.OS-4890 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) 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 ,420 NORTH EARL STREET, SHIPPENSBURG, PA 17257 . 1. Name and address of Owner(s) or reputed Owner(s): Name DONALD E. STINE Last Known Address (if address cannot be reasonably ascertained, please indicate) 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None ~~ .- 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MERS AS NOMINEE FOR WACHOVIA MORTGAGE CORPORATION MERS AS NOMINEE FOR ADVANCED FINANCIAL SERVICES, INC. P.O. BOX 2026 FLINT, MI 48501-2026 P.O. BOX 2026 FLINT, MI 48501-2026 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 maybe 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 maybe affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TenandOccupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 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. JulY28, 2006 DATE ~ pp f~ DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff F MORTGAGE ELECTRONIC REGISTRATION CUMBERLAND COUNTY SYSTEMS, INC. Plaintiff, No. OS-4890 CIVIL v. DONALD E. STINE Defendant(s). July 28, 2006 TO: DONALD E. STINE 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINSTPROPERTY. ** Your house (real estate) at , 420 NORTH EARL STREET, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriffs Sale on DECEMBER 6, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $65,233.85 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You maybe 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 maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 All that certain lot of ground situate on the highway leading from Shippensburg to Middle Spring, in Shippensburg Township, Cumberland County, Pennsylvania bounded and described as follows: BEGINNING at a point in the middle of Middle Spring Road at line of lands now or formerly of John Boles, thence along lands now or formerly of John Boles, South 77 degrees 5 minutes West 416 feet to a post at line of land now or formerly of Clark Gephart; thence with the lands now or formerly of Clark Gephart, South 10 degrees 37 minutes East 60.6 feet to a point at line of land or formerly of H. Scott Plasterer; thence along lands now or formerly of H. Scott Plasterer, North 77 degrees 5 minutes East 391.59 feet, more or less to the middle of Middle Spring Road; thence with the middle of the said road, North 7 degrees 14 minutes East 63.80 feet to a point, the place of BEGINNING. CONTAINING 0.556 acres more or less as shown on plan of T.L. Essick, R.P.E. dated March 1, 1987. Having thereon erected a frame dwelling house previously known and numbered as R.D. #7, Box 173, Shippensburg, Pa. now known as 420 North Earl Street, Shippensburg, Pa. 17257 TITLE TO SAID PREMISES IS VESTED IN Donald E. Stine, by Deed from Donald E. Stine and Cynthia A. Stine, husband and wife, dated 12-20-01, recorded 12-27-01 in Deed Book 249, page 3863. This was a conveyance from husband and wife to husband. Premises: 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 36-33-7865-020 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. . Plaintiff, . v. . DONALD E. STINE . Defendant(s). . ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-4890 CIVIL 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: Q 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. i DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc. VS Donald E. Stine The Court of Common Pleas of Cuumberland County, Pennsylvania Writ No. 2005-4890 Civil Term Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on December 29, 2005 at 12:20 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Donald E. Stine, by making known unto Donald Stine, personally, at 420 North Earl Street, Shippensburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on January 11, 2006 at 8:28 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 Donald E. Stine, located at 420 North Earl Street, Shippensburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Donald E. Stine, by regular mail to his last known address of 420 North Earl Street, Shippensburg, PA 17257. This letter was mailed under the date of January 10, 2006 and never returned 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. Sheriff s costs: Docketing 30.00 Poundage 18.34 Posting Bills 15.00 Advertising 15.00 Prothonotary 1.00 Law Library 0.50 Mileage 36.80 Certified mail 18.56 Levy 15.00 Postpone 20.00 Postage 0.78 Surcharge 20.00 Law Journal 341.00 Patriot News 297.80 Share of Bills 21.05 Total: 850.83 ./ ? fb~~6~ (~„ ,~ So Answers: R. homas Kline, Sheriff BY `1 ~ ~~'~'~'" J Real Estate ergeant f • ,. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION DONALD E. STINE NO.OS-4890 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,420 NORTH EARL STREET, SHIPPENSBURG, PA 17257 . 1. Name and address of Owner(s) or reputed Owner(s): Name DONALD E. STINE Last Known Address (if address cannot be reasonably ascertained, please indicate) 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None r 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} MERS AS NOMINEE FOR WACHOVIA MORTGAGE CORPORATION MERS AS NOMINEE FOR ADVANCED FINANCIAL SERVICES, INC. P.O. BOX 2026 FLINT, MI 48501-2026 P.O. BOX 2026 FLINT, MI 48501-2026 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 maybe 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 maybe affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 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. J November 30, 2005 ~ ~ ~~ DATE NIEL G. SCH G, ESQU Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. DONALD E. STINE Defendant(s). CUMBERLAND COUNTY No. 05-4890 CIVIL November 30, 2005 TO: DONALD E. STINE 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAYE PREYIOUSLYRECEIVED ADISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at , 420 NORTH EARL STREET, SHIPPENSBURG, PA 17257~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 $65,233.85 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: 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 maybe 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 Sheriff s 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 maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong} are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a 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 Ali that certain lot of gnwnd slh~ate on the highway leading from 5hippensburg to M'~ddle Spring, in Shippensburg Township, Cumberland Coy nty, Pennsyvaania bounded and described as follows: BEGINNING at a point in the middle of Middle Spring Road at line of lands now or formerly of ~ohra Boles, thence along lands now or formerly of John Boles, South 77 degrees 5 mirwtes iNest 41b feet to a post at line of land now or formery of Clark Gephart ;thence with the lands now or form erhr of park Gephart, South 10 degrees 37 minutes East 60.6 feet to a pol:~t at line of land now or formerly of H. Scott plasterer; thence along lands now or formerly of H. Scott Plasterer, North 77 degrees 5 minutes East 391.59 feet, more or less bo the Huddle of Middle Spring Road; thence with the middle of the s yid road, North 7 degrees 14 minutes East 63.80 feet do a point, the place of BEGINNING. CONTAINING O.S56 acres more or less as shown on plan of 7.l. Essick, R.P.E. dated March 1, 19$7. Having thereon erected a frame dwelling house previously known and numbered as R.D. #7, Box i73, Shippensburg, pa. now known as 420 North Earl Street, Shippensburg, Pa. 17257 Being that same property that ponald E. Stine and Cynthia A.:itine by their.deed dated May 16,1983 and recorded In the Office of the Reoorde • of Deeds in and for Cumberland County, Pennsylvania in Deed Book "F" Volume: 30 at page 236 conveyed to Donald E. Stine and Cynthia A. Stine, husband any i wife, GraFltors herein. Premises: 420 North Earl Street, Shippensburg, PA 17257 WRIT OF EXECUTION a;-d/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4890 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 DONALD E. STINE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $65,233.85 L.L. $.50 Interest FROM 11/1/OS TO 3/8/06 (PER DIEM - $10.72) - $1,361.44 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $126.00 Plaintiff Paid Date: DECEMBER 2, 2005 (Seal) Other Costs tothonota By: 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 Deputy t, Real Estate Sale # 26 On December 13, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Shippensburg Township, Cumberland County, PA Known and numbered as 420 North Earl St., Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 13, 2005 By~~ ~~~~ Y 1 Real Estate Sergeant ~ 91 ~1 `d 9- ~3Q ~~ ~~3L2~3NS ~Hl ,~0l3~ ~~~~ PROD f~ OF PUBLICATION OF NOTICE IN t'UMBERLAND LAW JOUIZNAL (Under Act ~o. 587, approved May 16, 19?9), P. L1784 STATE OF YENNSYLVANL~~ ss. COUNTY O~ CUMBERLANi~ Lisa Marie Coyne, Es~ruire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, accarding 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, l~)~2, and designated by the local courts as the official legal periodical for the publication o i~ ,lit legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 20, 27. i~cbruary 3, 200b Aftiant further deposes ghat he is authorized to ~~crify this statement by the Cumberland Law Journal, a legal periodical ~~~{~ 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 dine, place and character of publication are true. ~` ~,isa Marie Coyne, S~61ZN TO nND SUBSCRIBED before me this 3 day o f l ebruary , 2006 KF.AL ESTATE SALE NO. 26 Writ No. 2005-4890 Civil Mortgage Electronic Registration Systems, Inc. vs. Donald E. Stine Atty.: Daniel Schmieg All that certain lot of ground situ- ate on the highway leading from Shippensburg to Middle Spring, In Shippensburg Township, Cumber- land County, Pennsylvania bounded and described as follows: BEGINNING at a point in the middle of Middle Spring Road at line of lands now or formerly of John Boles, thence along lands now or formerly of John Boles, South 77 degrees 5 minutes West 416 feet to a post at line of land now or for- merly of Clark Gephart; thence with the lands now or formerly of Clazk Gephart, South 10 degrees 37 min- utes East 60.6 feet to a point at line of land now or formerly of H: Scott Plasterer; thence along lands now or formerly of H. Scott Plasterer, North 77 degrees 5 minutes East 391.59 feet, more or less to the middle of Middle Spring Road; thence with the middle of the said road, North 7 degrees 14 minutes East 63.80 feet to a point, the place of BEGINNING. CONTAINING 0.556 acres more or less as shown on plan of T.L. Essick, R.P.E. dated March I, 1987. Having thereon erected a frame dwelling house previously known and numbered as R.D. #7, Box 173, Shippensburg, Pa. now known as 420 North Earl Street, Shippensburg, Pa. 17257. Being that same property that Donald E. Stine and Cynthia A. Stine by their deed dated May 16, 1983 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book .,F.» Volume 30 at page 236 conveyed to Donald E. Stine and Cynthia A. Stine, husband and wife, Grantors herein. Premises: 420 North Earl Street, ~ippensburg, PA 17257. r• ~ , 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 SALE#26 Sworn to and subscribed b~fo~ me this 16th day of February 2006 A.D. Terry L. Russell Nofary Public l~ of Hamsbu , Daup ' County Commissio pires,~e b, 200b NOTAR~i' PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ~~ ~~rM #VpiMt~oet - - - a ~ ~ .: ~~~ ~~+ ., ,+ft~gtaite~t416 #t ~ ~1mr at ~Y of k d~eioe w~t'd~e b^dr aow .~~ Ut d~otat ate a luie of ~~~`~. ~ ~~ ~ Agent. the. _~ ~ ~ .?ttvap d len ~a i,i9Y9, ~fowt at ~. ~iwird ~. ?J ~. ,., IaeiM- $v1 S~laat. PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DONALD E. STINE SERVE DONALD E. STINE AT 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 CUMBERLAND COUNTY PAW No. OS-4890 CIVIL PIIS# 123024 Type of Action - Notice of Sheriff s Sale Sale Date: DECEMBER 6, 2006 ~ _r SERVED ~j Served and made known to ~0~'l~ ~ ~ I%~ S T c n e. ,Defendant, on the I t ~ day o G~ ¢-, 2000 at ~~, o'clock~m, at _ -7 Z~ .it/Q/`'~ ~ eAl~' S ~. ,Commonwealth of Pennsylvania, in the manner described below: ~?efendant personally served. ~+ Adult family member with whom Defendant(s) reside(s). Name and Relationship is l.~.i l ~ 'h e Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other. Description: ++Agey6`/~ Height~~yl Weight ! ~Q Race w Sex ~ Other I, ~U c,d ~Q 6e~~ , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. and sub this ~ y 200 ~ _ ? _ /~~ . ~ .. By: "PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. '". _ . t ~,~+~~ ~ ,';.. . ~;:?~~ NOT SERVED Commission expires June 96, 2008 On the day of , 200_., at o'clock _.m., Defendant NOT FOUND because: Moved Unlrnown No Answer Vacant 1S` Attempt: 1 I Time: 2"d Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of , 200 _. Notary: By; Attorney far Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 [~ *„~ 'pry +"} "i"1 (~~. ci ` .--~ rt` _ _j t ~„ F^`~ .w.~„~ { '~ Yr..e SALE DATE: DECEMBER 6, 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. No.: 05-4890 CIVIL C) c^-~~ VS. ~'' ° '`= --a DONALD E. STINE `-"~~_ -n i"^ C.a) -1J if f. - _~ ~._~ .- - ~;..) AFFIDAVIT PURSUANT TO RULE 3129.1 - ~' , `~j ~.~ ~'' ; n AND RETURN OF SERVICE PURSUANT TO LL = ~} Pa. R.C.P. 405 OF NOTICE OF SALE ~~' ~=- Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 420 NORTH EARL STREET, SHIPPENSBURG, PA 17257. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy 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. ovGv~~Z~, ~i DANIEL SCHMIEG, ESQ Attorney for Plaintiff November 9, 2006 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION DONALD E. STINE N0.05-4890 CIVIL Defendant(s). AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1420 NORTH EARL STREET, SHIPPENSBURG, PA 17257 . 1. Name and address of Owner(s) or reputed Owner(s): Name DONALD E. STINE Last Known Address (if address cannot be reasonably ascertained, please indicate) 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 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) EQUITY ONE INC. 3878 UNION DEPOSIT ROAD HARRISBURG, PA 17109 EQUITY ONE INC. 1495 LINCOLN WAY E. CHAMBERSBURG, PA 17201 EQUITY ONE INC. 15 N. CHERRY LANE YORK, PA 17403 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) MERS AS NOMINEE FOR WACHOVIA MORTGAGE CORPORATION MERS AS NOMINEE FOR ADVANCED FINANCIAL SERVICES, INC. P.O. BOX 2026 FLINT, MI 48501-2026 P.O. BOX 2026 FLINT, MI 48501-2026 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 maybe 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 maybe affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 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. November 6.2006 ~~~X1/ DATE DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff • Name and PHELAN HALLINAN & SCEIMIEG, L.L.P. ~ ~ Address One Penn Center at Suburban StaCiar ~e A Qf Sender 16.17 John F. Ken2udy Boulevard, Sane 1400 "~ ~' ~ Philadelphia, PA 19103-1814 C<31tIS7QtE SC$OFFLER ''~ Line AftIGA Number Name arAddaeaee, Suai aad Pgt06a1Wdnw Pea 1 DOMESTIC RELATIONS OF CUMBERLAND COLIN'IY,13 NORTH HANOVER STREET, CARLISLE, PA 17013 2 COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF WELFARE, PO BOX 2675, HARRLSBURG, PA 17105 ' 3 TENANT/OCCUPANT, 420 NORTH EARL STREET, SIiIpPENSBURG, PA 17257 ~o °0 0 4 MFRS AS NOMINEE FOR WACIiOVIA MORTGAGE CORPORATION; P.O. BOX 2026, FLINT, MI48501-2026 "'; N = ~~.r~ 6 MFRS AS NOMINEE FOR AD VANCED FINANCIAL SERVICES, INC.; P.O. BOX 2026, FLINT, MI 4850]-2026 ~ ~; ~O' ... o rf 7 ~~~~ ~~ . s ~. _~~ 10 s' ]I -` - 12 .- 13 .. .. 14 l5 DONALD E. STINE KAZ 123024 Twd Nwdia of TaW Nrotierof Piaau Pamreee~ Pa(Name O[RecdvluP She lful daelantioe of Wue k taq,ied w all demaie aad auvaatimul Pieeea L3Yed By Sends Received at Pant OS>ce 6epbyr) dae ecaawetlea,d te=ietetd eaaiL The aaucwn Wemaiq payable br eeaoepodaledaawmb cadet ]?g1sa Mapdmanen eeeaaataaloo ievo>nos is fdQ000.Op Perpieoe a • Snitof SS00,006Perooaa,taoe.'fhe maaiaeun tod®igpayabk m Eapew IQaA eneRhaod4e)anm¢e is fSa0.7he eubaw iadeamiry pyahb Y 125,000 (x aeriaapedvoQ sent vvm opdooal iewaoce. See Damlie Map Maaol R900,89i) and 5921 dor grod4dop otcoveose. ~\~,~~ ~' ~~`~ ,' ;~~:a ~. ~n ' ~o r Z to A W N r~ a~ ~ M a ~ ~ ~ Z C a <D ~ 1=. ~ o u'ro .~" ~A JA 3 a~ z z~ ~ ~`"~ r ~~ ~ o 'T~ " d hb xi ~ ~ ~ C/1 n'~ a o H ~~ ~ ~ ~~~ lsJ (~ ~~~ ~ ~z~ ~ ~~ Wr~ ~z ~ ~ cad "dro~ r z~ ~ ~a~ ~o~ p ~ n'C ~ Y CrJ ~"'~ ~ ~ ''~ a $ .. N ~ qd 0 to ro ~ ° .-. W C ~'' ~ n a ~, ~ 0 ~ h ~v 0 ~~ 8$~~~ °~ 8 ~ ' ww ~' w 6 ~ +' ~ e~ O. o~ w ~ ~ ~°+ g ~ m 5 ~ x.250 ~. ~ ~~ QQ ~~ ~i ~ d 25~~g c. Crl ~ ~' ~ ~~ ~~ G ~ ~. ~. p~ p O ~ 9 ~ ~ ~ ~ q pOp ~ R y ~ ~ C: . H ~ _ G ~ O~P~ ~T `Y~` g~~s. ~ $ z ` ~....r ~ ~,®"'~ 02 1M ~ 0004218010 (W b ~ c~3' ~ ~ ~' MAILED FROM ZIP C~ 3 ,Q~ p'.1 A O P ti ~~,G / !,_ ~ o~z -~ a ~ ~ a~ C ~ fD ~ `~' p ~, a ..-. ~' ~ N C~7 a~~ t" '~ ~ ~ a~~' ~- ~ ~~~ O ~ ~~1+ ~o ~R° ~~~c~ ~°- ~. ~ ~ G~ r ~. 'r ~ b 0 0 b bd ~® ~~ X0.95° V O6 2006 ODE 19103 PHELAN HALLINAN AND SCHMIEG, LLP By: MICHAEL E. CARLETON, ESQ. Atty. I.D. No. 203009 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (2~s~5~~_~~~n MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff vs. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION CUMBERLAND COUNTY DONALD E. STINE No. OS-4890 CIVIL Defendant : F.XC'FPTiONS Tfl CHF.RiFF'C ~Ai.E Di~TRiRIJTinN Pi1RSUANT Tn PA.R.C.P_,R[Ji.F. 3136(dl And now comes Plaintiff, Mortgage Electronic Registration Systems, Inc., by and through its counsel, Phelan Hallinan & Schmieg, LLP, and prays that this Honorable Court grant Plaintiff's Exceptions to Sheriff's Sale Distribution of Proceeds for the following reasons: 1. The Plaintiff is Mortgage Electronic Registration Systems, Inc., the holder of that certain Mortgage dated March 26, 2004, and recorded March 31, 2004, in the Office of the Recorder of Cumberland County's Mortgage Book 1859, Page 221. 2. The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings on September 20, 2005. Attached hereto, made a part hereof and market as Exhibit "A" is a true and correct copy of the Complaint in mortgage foreclosure. 3. On December 6, 2006, the premises located at 420 North Earl Street, Shippensburg, PA 17257 was sold at judicial sale pursuant to Writ of Execution issued out of the captioned case. Attached hereto, made a part hereof, and marked as Exhibit "B" is a true and correct copy of the Praecipe for Judgment. Attached hereto, made a part hereof, and marked as Exhibit "C" is a true and correct copy of the Writ of Execution. 4. At the judicial sale, the property was struck down to a third party bidder for the amount of $78,000.00. 5. On or about December 13, 2006, Plaintiff sent the Cumberland County Sheriff s office a letter with an attached Claim evincing Plaintiffs amount owed as $75,881.95. Attached hereto, made a part hereof, and marked as Exhibit "D" is a true and correct copy of Plaintiff s letter to the Cumberland County Sheriff s office. 6. On or about January 5, 2007, in accordance with Pa.R.C.P. 3136(d}, the Sheriff issued a proposed Schedule of Distribution, which distribution listed the Plaintiff as receiving $72,011.18 rather than the amount as refelcted on Plaintiffs Claim. See Exhibit "D". Attached hereto, made a part hereof and marked as Exhibit "E"' is a true and correct copy of the Sheriff s proposed Schedule of Distribution. 7. The Sheriff's proposed Schedule of Distribution fails to reference the proper amount to be paid to the executing Plaintiff. 8. Plaintiff believes and therefore avers, that it is entitled to proceeds in the amount of $75,881.95 in accordance with Plaintiff's Claim. See Exhibit "D". WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order directing distribution to the executing Plaintiff in the amount of $75,881.95. Respectfully Submitted PHELAN HALLINAN & SCHMIEG, LLP / 1 Date: 1 ~~ ~ Michael E. Carleton, Esquire Attorney for Plaintiff 1,~ ds~.w ~ S ~ i ~~d Z 1 ~f' tODZ ~~i~,?~~~~ll~ PHELAN HALLINAN AND SCHMIEG, LLP By: MICHAEL E. CARLETON, ESQ. Atty. I.D. No. 203009 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 ~? ~ s~ s~~-7~nn MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff vs. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CTVIL DIVISION CUMBERLAND COUNTY DONALD E. STINE No. OS-4890 CIVIL l~efenclant : RRiF.F iN SiTPPORT nF Pi,AiNTiFF'R FXCF.PTiC1NS Tn niSTRiRUTinN I. FAC.TIIAI. RAC'KC:RnITNn The instant action was commenced by the filing of a Complaint in mortgage foreclosure on September 20, 2005. By reason of Defendant's failure to answer the Complaint, default judgment was entered on November 14, 2005. Plaintiff s damages were assessed in the amount of $65,233.85 at the time of the entry of judgment. Plaintiff also caused a Writ of Execution to be issued and listed the mortgaged property for Sheriff s Sale on December 6, 2006. The property was sold at the December 6, 2006 Sheriff's Sale to a third party for the sum of $78,000.00. Since the time of the filing of the Complaint and Judgment, Plaintiff has expended additional sums in order to pay real estate taxes, property maintenance, and hazard insurance premiums relative to the mortgage property, as well as other monies collectable under the Note and Mortgage. On or about January 5, 2007, in accordance with Pa.R.C.P. 3136(d), the Sheriff issued a proposed Schedule of Distribution, which proposes to pay Plaintiff $72,011.18. The Sheriff's proposed Schedule of Distribution fails to reference the proper amount to be paid to the executing Plaintiff. II. i.F,GAL AiTTHnRiTY Pennsylvania Rule of Civil Procedure 3136(d) allows a party to file Exceptions to the Sheriffs proposed Schedule of Distribution within ten days of the date of posting of the proposed schedule. In the instant case, Plaintiff has filed timely exceptions. The Superior Court of Pennsylvania held in the case of F.xtrac~ Mortgage v_ Williams, 2002 Pa. Super. 246, 805 A.2d 543 (Pa. Super. 2002), that payments for taxes and insurance, and through implication, other costs collectable under the Note and Mortgage, made by a senior lienholder following the entry of default judgment on its Mortgage relate back to the date of mortgage for the priority. In the instant matter, Plaintiff has expended additional sums, including taxes, property maintenance fees, and insurance premiums, relative to the mortgaged property to protect its collateral. In accordance with the holding in F.xtracn Mortgage, these amounts are recoverable upon the distribution of sale proceeds and take priority over any amounts owed to junior lienholders. Additionally, this Court has plenary power to administer equity according to well settled principles of equity jurisprudence cases under its jurisdiction. f';heval v_ City ~f Philadel»hi, 116 Pa. Super. 101, 176 A. 779 (Pa. Super. 1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them without encouraging technical niceties in the modes of procedure and forms of pleading. ~ inn . v Trnn , 380 Pa. 504, 112 A.2d 333 (Pa. 1955). Plaintiff submits that this Court should exercise its equity and discretion to allow the instant motion to be heard as it was promptly filed in anticipation of the distribution of proceeds of sale in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order directing distribution to the executing Plaintiff in the amount of $75,881.95. Respectfully Submitted PHELAN HALLINAN & SCHMIEG, LLP ~ i/ Date: Michael E. Carleton, Esquire Attorney for Plaintiff EXHIBIT A 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 Plaintiff v. DONALD E. STINE 420 NORTH EARL STREET SHIl'PENSBURG, PA 17257-0000 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVII., 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 gages, 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 f ling 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 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)990-9108 File#: ]23024 IF THIS IS THE FHtST 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 1N THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30} DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT I~S AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 123024 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: CHASE HOME FINANCE, LLC 3415 VISION DRIVE COLUMBUS, OH 43219 The name(s) and last known address(es) of the Defendant(s) are: DONALD E. STIlVE 420 NORTH EARL STREET SHIl'PENSBURG, PA 17257-0000 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 03/26/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1859, Page: 221. 4. The premises subject to said mortgage is described as attached. ~. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01 /2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #t: 123024 6. The following amounts are due on the mortgage: Principal Balance $61,115.12 Interest 1,397.28 05/01/2005 through 09/19/2005 (Per Diem $9.84) Attorney's Fees 1,250.00 Cumulative Late Charges 67.02 03/26/2004 to 09/19/2005 Cost of Suit and Title Search $ $5Q,0(} Subtotal $ 64,379.42 Escrow Credit 0.00 Deficit 431..31 Subtotal $ 431.31 TOTAL $ 64,810.73 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pc.tzrzsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendants} 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 l 974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 64,810.73, together with interest from 09/19%2005 at the rate of $9.84 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP ^~ By: (s/Francis S. Hallinan~~C/ LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 123024 LEGAL DESCRIPTION All that certain lot of ground situate on the highway leading from Shippensburg to Middle Spring, in Shippensburg Township, Cumberland County, Pennsylvania bounded and described as follows: BEGINNING at a point in the middle of Middle Spring Road at line of ]ands now or formerly of John Boles, thence along lands now or formerly of John Boles, South 77 degrees 5 minutes West 416 feet to a post at line of Land now or formerly of Clark Gephart; thence with the lands now or formerly of Clark Gephart, South 10 degrees 37 minutes East 60.6 feet to a point at line of land or formerly of H. Scott Plasterer; thence along lands now or formerly of H. Scott Plasterer, North 77 degrees 5 minutes East 391.59 feet, more or less to the middle of Middle Spring Road; thence with the middle of the said road, North 7 degrees 14 minutes East 63.80 feet to a point, the place of BEGINNING. CONTAINING 0.556 acres more or less as shown on plan of T.L. Essick, R.P.E. dated March 1, 1987. Having thereon erected a frame dwelling house previously known and numbered as R.D. #7, Box 173, Shippensburg, Pa. now known as 420 North EARL STREET, Shippensburg, Pa. 17257 Being that same property that Donald E. Stine and Cynthia A. Stine by their deed dated May 16, 1983 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book'F' Volume 30 at page 236 conveyed to Donald E. Stine and Cynthia A. Stine, husband and wife, Grantors herein. File #: 123024 VERIFICATION FR.A.NCIS S. HALLINAN, ESQUIlZE 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. 1 /~ Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: l ~~ ~~~~ EXHIBIT B PHELAN HALLINAN &SCHMIEG, L.L.P. One Perm Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Fax:215-563-5534 sandra..cooper@fedphe.com Sandra Cooper Sale Department, Ext. 1258 Representing Lenders in Pennsylvania and New Jersey November 10, 2005 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle,: PA 17013 RE: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Vs. DONALD E. STINE NO. OS-4890 CIVIL Action in Mortgage Foreclosure Premises: 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 Dear Sir/Madam: I would appreciate your entering Default Judgment in the above captioned matter, and transmitting the appropriate documents to the Sheriff so that it can be placed on the Sheriffs Sale list for the next available sheriff sale. All of the necessary documents are enclosed, together with my check to your order in the amount of $9.00, in payment of fees and costs. Kindly send me your receipt and a stamped copy of the Pr~ecipe for Judgment in the stamped self-addressed envelope which I have enclosed. If there are any questions concerning the above matter please contact me immediately. Your truly, -~ r Pe PHELAN HALLINAN &SCHMIEG, L.L.P. SMC Enclosures PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SITITE 1400 PHILADELPHIA, PA 19103-1814 (2151 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY 8201 GREENSBORO DRIVE, SUITE 350 COURT OF COMMON PLEAS MCLEAN, VA 22102 CIVIL DIVISION Plaintiff, v. NO. 05-4890 CIVIL DONALD E. STINE 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 DONALD E. STINE , 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 Plaintiff s damages as follows: As set forth in Complaint Interest from 9/20/05 to 11/1/05 TOTAL $64,810.73 $423.12 $65,233.85 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) aze as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~~ ANIEL G. SC G, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY (Rule of Civil Procedure No. 236) -Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY 8201 GREENSBORO DRIVE, SUITE 350 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v: NO. OS-4890 CIVIL DONALD E. STINE Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 By: DEPUTY `: If you have any questions concerning this matter, please contact: 1 D L G. SC SQ Attorney for Plain ff ONE PENN CENTER AT SUB AN TATION 1617 JOHN F. KENNEDY BLVD., 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THI$ FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED I;OR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** PHELAN HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallman, Esq., Id No. 62695 Daniel G. Schmieg, Esq., Id No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia,. PA 19103 !2 i 5) S6~_7(N)0 MORTGAGE ELECTRONIC REGISTRATION :COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff : CTVII., DMSION Vs. :CUMBERLAND COUNTY DONALD E. STINE : NO. OS-4890 CIVIL Defendants TO: DONALD E. STINE 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 DATE OF NOTICE: Q('TnRF,R t 2~, nOs 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 CARLLSLE, PA 17013 ~E CQPY (800)990-9108 ~~ _, i~ I CIS S. HALLINAN, ESQUIRE ~ Attorneys for Plaintiff / PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHNIIEG Identification No.-62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPffiA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v: DONALD E. STINE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEA5 CIVIL DIVISION NO. OS-4890 CIVIL CERTIFICATION DAI~TIEL G. SCHMIEG, E5QUIlZE, 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 O 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. - ~ Y1/U DANIEL G. SC ,ESQUIRE Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHNIIEG 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 Plaintiff, . v. DONALD E. STINE Defendants}. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.05-4890 CIVIL 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) islare 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 DONALD E. STINE is over 18 years of age and resides at , 420 NORTH EARL STREET, SHIPPENSBURG, PA 17257 . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn :falsification to authorities. lad L G. SC G, ESQ Attorney for Plaintiff EXHIBIT C PHELAN HALLINAN & SCHMIEG, L.L.P. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Fax: 215-563-5534 CHRISTINE SCHOFFLER Sale Department, Ext. 1286 July 28, 2005 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Representing Lenders in Pennsylvania and New Jersey RE: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 'Vs. DONALD E. STINE NO. OS-4890 CIVIL Action in Mortgage Foreclosure Premises: 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 Dear Sir/Madam: I would appreciate your issuing a Writ of Execution on the captioned property, and transmitting the appropriate documents to the Sheriff so that it can be placed on the Sheriffs Sale list for DECEMBER 6, 2006. All of the necessary documents are enclosed, together with my check to your order in the amount of $24.00, and the check to the order of the Sheriff in the amount of $1,500.00, in payment of fees and costs. Kindly send me your receipt and a stamped copy of the Praecipe for Judgment in the stamped self-addressed envelope which I have enclosed. If there are any questions concerning the above matter please contact me immediately. Yours truly, CHRISTINE SCHOFFLER PHELAN HALLINAN & SCHMIEG, L.L.P. IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: DONALD E. STINE Debtor MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Movant v. DONALD E. STINE Respondent Bk. No. 1-06-bk 00346 MDF Chapter No. 7 ' 11 U.S.C. §362 ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code. l l U.S.C: §362 is modified with respect to premises 420 NORTH EARL STREET, SHIPPENSBURG, PA 17257, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 4001(a)(3) is not applicable and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. may immediately enforce and implement this Order granting Relief from the automatic stay. ~,y the Calli'~~ Dated: July 6, 2006 ~~ ~ ~~~~ Than dacumeni as electronacally signed and ,filed an the same date. i PRAECIPE FOR WRIT OF (8 0) 9go-91o8 AXE UTION - (MORTGAGE FORECLOSURE) P.R. .P. 3180.3183 MORTGAGE EI..ECTRONIC REGISTRA' SYSTEMS, INC. Plaintiff, v. DONALD E. STINE Defendant(s). TO TI-IE DIRECTOR OF THE OFFICE OF Issue writ of execution in the above matter: Amount Due Interest from 11/1/OS to D$CEMBER 6, 20 (per diem -$10.72).; TOTAL No. 05-x{89(! CIVIL ~ '~ ,... ~;;.: br N~;~: ~~ v y~i l f ~~ PROTHONOTARY: $65,233.85 $4,288.00 and Costs $66,595.29.:. _ c> :~: s' ~ -ri !" -- . j:, .~ I~ L G. SCI~MIEG, ESQ a'' ~`' =_ ~~ ~ O e Penn Center at Suburban Station ~^~ =~_• ,_: ,~ -='' ~ 16 7 John F. Kennedy Boulevard, Suitt :400 ~.:~ ; ~ P 'ladelphia, PA 191031814 - ;; { At _ orney for Plaintiff '~ , ~-= Note: Please attach description of property IMPORTANT NQTICE: This proper plaintiff. It may not be sold the plaintiff at the Sheriff s stayed in the event that a rep present at the sale. is sold at the direction of the n the absence of a representative of ale. The sale must be postponed or sentative of the plaintiff is not 123024 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. DONALD E. STINE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.OS-4890 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) 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 fallowing information concerning the real property located at ,420 NORTH EARL STREET, SHIPPENSBURG, PA 17257 . 1. Name and address of Owner(s) or reputed Owner(s): Name DONALD E. STINE Last Known Address (if address cannot be reasonably ascertained, please indicate) 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address {if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MERS AS NOMINEE FOR WACHOVIA MORTGAGE CORPORATION MERS AS NOMINEE FOR ADVANCED FINANCIAL SERVICES, INC. P.O. BOX 2026 FLINT, MI 48501-2026 P.O. BOX 2026 FLINT, MI 48501-2026 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 maybe 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 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. July 28, 2006 ~G.~ /~ , DATE DANIEL G. SCHMIEG, ESQ Attorney 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. . Plaintiff, . v. DONALD E. STINE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-4890 CIVIL 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: Q an FHA mortgage () non-owner occupied () vacant {}~) 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. i ~u/~ DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION CUMBERLAND COUNTY SYSTEMS, INC. . Plaintiff, No. OS-4890 CIVIL v. _ DONALD E. 5TINE Defendant(s). July 28, 2006 TO: DONALD E. STINE 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, B UT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY. * Your house (real estate) at , 420 NORTH EARL STREET, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriffs Sale on DECEMBER 6, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $65,233.85 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You maybe 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 maybe able to petition the Court to set aside the sale if the hid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong). are filed with the Sheriffwithin 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 Sate. 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 EXHIBIT D Phelan Hallinan & S chmieg, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Phone: 215-563-7000 Fax: 215-563-7009 Nora Ferrer Legal Assistant ext. 1477 December 130, 2006 Office of the Sheriff Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Attn: Real Estate Coordinator RE: Mortgage Electronic Registration Systems, Inc. v. STINE, T Premises: Court No.. Sale Price: Dear Sir or Madam: )onald E. 420 North Earl Street Shippensburg, PA 17257 OS-4890 $78,000.00 Representing Lenders in Pennsylvania and New jersey Please be advised that our office represents the plaintiff, Mortgage Electronic Registration Systems, Inc with respect to the Sale of this property. As you know our office entered a judgment in the amount of $64,810.73. As you know the successful bid was $78,000.00. The correct amount for distribution to Mortgage Electronic Registration Systems, Inc is $74,381.95. Of course, we should also receive reimbursement for the initial deposit monies of $1,500.00. Please review this matter with the title company insuring distribution and ensure that the distribution reflects the proper amount due. Once the Schedule of Distribution is completed, we would greatly appreciate it if your office could fax us a copy at the above fax number. Thank you for your cooperation with respect to this matter. If you have any questions or concerns, please do not hesitate to contact me. Sincerely, Nora Ferrer/ for Phelan Hallinan & Schmieg, LLP PH'~LAN HALLINAN & SCHMIEG, L.L.P. 13y: Daniel G. Schmieg, Esquire Ariy. I.D. No. 62205 One Penn Center at Suburban Station 1617 Sohn F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Mortgage Electronic Registration Systems, Inc. COURT OF COMMON PLEAS Plaintiff v. STINE, Donald E. 420 North Earl Street Shippensburg, PA 17257 CLAIM To the Sheriff of Cumberland County, Pennsylvania: NO.OS-4890 Plaintiff, Mortgage. Electronic Registration Systems, Inc. , by and through its attorney, Phelan Hallinan & Schmieg, L.L.P., does hereby file a Claim against the Proceeds of a Sheriffs Sale held on December 6, 2006 of premises situate at 420 North Earl Street, Shippensburg, PA 17257. Mortgage Electronic Registration Systems, Inc. is the holder of a mortgage recorded 10/25/2004in Volume Book 1885, Page 1952. Principal $ 61,115.12 Interest $ 5,754.65 Corporate Advances $ 4,903.00 Property Maintenance $ 173.00 Late Charges $ 290.42 Escrow Advances $ 2,145.76 Sub-Total $ 74,381.95 Reimbursement of Sheriff s Deposit $ 1,500.00 Total $ 75,881.95 ATTORNEY FOR PLAINTIFF CIVIL DIVISION Date: Daniel G. Schmieg, Esquire EXHIBIT E SCHEDULE OF DISTRIBUTION SALE NO. 19 Date Filed: January O5, 2007 Writ No. 2005-4890 Civil Term Mortgage Electronic Registration Systems, Inc. VS Donald E. Stine 420 North Earl Street Shippensburg, PA 17257 Sale Date: December 06, 2006 Buyer: James A. and Darlene Pittman Bid Price: $78,000.00 Real Debt: $65,233.85 Interest: 4,288.00 Attorney Costs: 989.33 Total: $70,511.18 DISTRIBUTION: Receipts: Cash on account (08/22/2006): Cash on account (12/Ob/2006): Cash on account (12/26/200b) $ 1,500.00 7,800.00 73,613.46 Total Receipts: $82,913.46 Disbursements: Sheriff s Costs $2,459.98 Legal Search 200.00 Local Transfer Tax 826.73 State Transfer Tax 826.73 Barry L. Negley, Tax Collector 242.70 Attorney Daniel Schmieg 1,500.00 Mortgage Electronic Registration Systems, Inc. 70,511.18 Advanced Financial Services, Inc. 6,346.14 (pending payoff) Total Disbursements: ($82,913.46) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff VERIFICATION I, Michael E. Carleton, Esquire, hereby state that I am the attorney for the Plaintiff herein and am authorized to make this verification. I hereby verify that the information contained in Plaintiff s Exceptions to Sheriff s Sale Distribution Pursuant to Pa.R.C.P., 313b(d) is true and correct to the best of my knowledge, information and belief. I am aware that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully Submitted PHELAN HALLINAN & SCHMIEG, LLP Date: /~~/~ Michael E. Carleton, Esquire Attorney for Plaintiff PHELAN HALLINAN AND SCHMIEG, LLP By: MICHAEL E. CARLETON, E5Q. Atty. I.D. No. 203009 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 1,~~ s~~-~n~o MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CNIL DNISION Plaintiff CUMBERLAND COUNTY vs. DONALD E. STINE : No. OS-4890 CNIL nefenciant I hereby certify a true and correct copy of the foregoing Exceptions to Sheriff s Sale was served by regular mail on: Donald E. Stine 420 North Earl Street Shippensburg, PA 17257 Date: r ~~ Sheriff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Respectfully Submitted PHELAN HALLINAN &SCHMIEG, LLP Michael E. Car eton, Esquire Attorney for Plaintiff SCHEDULE OF DISTRIBUTION SALE NO. 19 Date Filed: January O5, 2007 Writ No. 2005-4890 Civil Term Mortgage Electronic Registration Systems, Inc. VS Donald E. Stine 420 North Earl Street Shippensburg, PA 17257 Sale Date: December 06, 2006 Buyer: James A. and Darlene Pittman Bid Price: $78,000.00 Real Debt: $65,233.85 Interest: 4,288.00 Attorney Costs: 989.33 Total: $70,511.18 DISTRIBUTION: Receipts: Cash on account (08/22/2006): Cash on account (12/06/2006): Cash on account (12/26/2006) $ 1,500.00 7,800.00 73,613.46 Total Receipts: $82,913.46 Disbursements: Sheriff s Costs $2,459.98 Legal Search 200.00 Local Transfer Tax 826.73 State Transfer Tax 826.73 Barry L. Negley, Tax Collector 242.70 Attorney Daniel Schmieg 1,500.00 Mortgage Electronic Registration Systems, Inc. 70,511.18 Advanced Financial Services, Inc. 6,346.14 (pending payoff J Total Disbursements: ($82,913.46) Balance for distribution: 0.00 So Answers: ~~'~~~~~ Y R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 19 Held: Wednesday, December 6, 2006 Date: December 6, 2006 TAXES: Receipts for all taxes for the years 2003 to 2005 inclusive. Taxes for the current year 2006. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2006, and recorded 2006, in Cumberland County Deed Book ,Page RECITAL: Being the same premises which Donald E. Stine and Cynthia A. Stine, his wife, by deed dated December 20, 2001 and recorded December 27, 2001 in the Office of the Recorder of Deeds in and for Cumberland County, in Carlisle, Pennsylvania, in Deed Book 249, Page 3863, granted and conveyed to Donald E. Stine. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of the Middle Spring Road. 6. Mortgage in the amount of $63,000.00 given by Donald E. Stine to Wachovia Mortgage Corporation dated March 26, 2004 and recorded March 31, 2004 in Mortgage Book 1859, Page 221. Complaint in mortgage foreclosure filed by Mortgage Electronic Registration Systems, Inc. and Chase Home Finance, LLC., as Plaintiff against Donald E. Stine as Defendant, in the Office of the Prothonotary of Cumberland County, on September 20, 2005 to File No. 2005-4890. Judgment entered November 14, 2005. 7. Mortgage in the amount of $41,200.00 given by Donald E. Stine to Advanced Financial Services, Inc. dated October 20, 2004 and recorded October 25, 2004 in Mortgage Book 1885, Page 1952. 8. Judgment in the amount of $6,916.71 entered by Equity One, Inc., as Plaintiff against Donald Stine as Defendant in the Office of the Prothonotary of Cumberland County on January 12, 2006 to File No. 2006-281. 9 Rights granted to Cumberland Franklin Joint Municipal Authority by instrument recorded October 12, 1979 in Miscellaneous Record Book 247, Page 577. 10. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 11. Real estate taxes accruing on and after January 1, 2007 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. ~. Robe>~ G. Frey, Agent Note: This Title Report shall not be valid until countersigned by an authorized sign Y Yf::M'REAL`~BTAT& Sisi:E:.'NO: 18 . ;~ Writ No. 2005-4890 Clvtl Mortgage Electronic ReglstraGon Systems, inc. • vs. Donald E. Stine Atty.: Daniel Schmieg All that certain lot of ground s~tu- ate on the highway leading from Shlppensburg to Middle Spring, in . Shtppenaburg Township, Cumber- 1 ' land County, Pennsylvania bounded ' and described as follows: BEGINNING at a point 1n the middle of Middle Spring Road at Ilse ` of lands now or formerly of John Holes, thence along lands now or formerly of John Boles, South 77 degrees 5 minutes West 416 feet to a post at line oC land now or for- merly oC Clark Geplrart: thence with the lands now or Carmerly oC Clark Gephart South 10 degrees 37 min- utes East 60.6 feet to a point at hne of land or formerly of H. Scott Plar terer: thence along lands now or formerly of H. Srntt Plasterer, North 77 degrees 5 minutes East 391.58 feet, more or less to the middle of Middle Sprtng Road; thence with the mtddle of the said road, North 7 degrees 14 minutes East 83.80 feet to a point, the place of BEGINNING. CONTAINING 0.558 acres more or less as shown on plan of T.L. Esslck, R.P.E. dated March 1, 1987. Having thereon erected a frame dwelling house previously known and numbered as R.D. tf7, Box 173. 3hlppenaburg, Pa. now known as 420 North Earl Street, Shippenaburg, Pa. 17257. TITLE TO SAID PREMISES IS VESTED IN Donald E. Stine, by Deed from Donald E. Stine and Cynthia A. Stlne, husband and wife, dated 12-20-01, recorded 12-27-01 , ~ In Deed Book 249, page 3863. This was a conveyance from husband and wife to husband. Premises: 420 NORTH EARL STREET SHIPPENSBURG, PA 17257, 36-33-7865-020. ~3 I ~I! `~' f Z ~3J 9CQl Mortgage Electronic Registration Systems, Inc. VS Donald E. Stine In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-4890 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on September 11, 2006 at 2010 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Donald E. Stine, by making known unto Deb Stine, adult in charge for Donald E. Stine, at 420 N. Earl Street, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 11, 2006 at 1354 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Donald E. Stine located at 420 North Earl Street, Shippensburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Donald E. Stine, by regular mail to his last known address of 420 North Earl Street, Shippensburg, PA 17257. This letter was mailed under the date of October O5, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 06, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $78,000.00 to James A. and Darlene Pittman. It being the highest bid and best price received for the same, James A. and Darlene Pittman of 903 Big Spring Road, Shippensburg, PA 17257, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $81,413.46. Sheriffs Costs: Docketing $30.00 Poundage 1,560.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library Prothonotary 1.00 Mileage 35.20 Certified Mail 11.88 Levy 15.00 Surcharge 20.00 Law Journal 335.00 Patriot News 301.46 Share of Bills 15.94 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $2,459.98 So Answers: s R. Thomas Klme, Shenff BY ~ ~ ~~~. Real Estate , rgeant r MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION DONALD E. STINE N0.05-4890 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) 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 ,420 NORTH EARL STREET, SHIPPENSBURG, PA 17257 . 1. Name and address of Owners} or reputed Owner(s): Name DONALD E. STINE Last Known Address (if address cannot be reasonably ascertained, please indicate) 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name MERS AS NOMINEE FOR WACHOVIA MORTGAGE CORPORATION MFRS AS NOMINEE FOR ADVANCED FINANCIAL SERVICES, INC. Last Known Address (if address cannot be reasonably ascertained, please indicate) P.O. BOX 2026 FLINT, MI 48501-2026 P.O. BOX 2026 FLINT, MI 48501-2026 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Name TenantiOccupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 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. July 28, 2006 DATE ~. DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff o ~ _~ d o i ~n~ goon F , .; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. DONALD E. STINE Defendant(s). CUMBERLAND COUNTY No. OS-4890 CIVIL July 28, 2006 TO: DONALD E. STINE 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 * *TNIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEB?' AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TD BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at , 420 NORTH EARL STREET, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriffs Sale on DECEMBER 6, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $65,233.85 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: {215) 563-7040. 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 maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a 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 All that certain lot of ground situate on the highway leading from Shippensburg to Middle Spring, in Shippensburg Township, Cumberland County, Pennsylvania bounded and described as follows: BEGINNING at a point in the middle of Middle Spring Road at line of lands now or formerly of John Boles, thence along lands now or formerly of John Boles, South 77 degrees 5 minutes West 416 feet to a post at line of land now or formerly of Clark Gephart; thence with the lands now or formerly of Clark Gephart, South 10 degrees 37 minutes East 60.6 feet to a point at line of land or formerly of H. Scott Plasterer; thence along lands now or formerly of H. Scott Plasterer, North 77 degrees 5 minutes East 391.59 feet, more or less to the middle of Middle Spring Road; thence with the middle of the said road, North 7 degrees 14 minutes East 63.80 feet to a point, the place of BEGINNING. CONTAINING 0.556 acres more or less as shown on plan of T.L. Essick, R.P.E. dated March 1, 1987. Having thereon erected a frame dwelling house previously known and numbered as R.D. #7, Box 173, Shippensburg, Pa. now known as 420 North Earl Street, Shippensburg, Pa. 17257 TITLE TO SAID PREMISES IS VESTED IN Donald E. Stine, by Deed from Donald E. Stine and Cynthia A. Stine, husband and wife, dated 12-20-01, recorded 12-27-01 in Deed Book 245, page 3863. This was a conveyance from husband and wife to husband. Premises: 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 36-33-7865-020 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO OS-4890 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 DONALD E. STINE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $65,233.85 L.L. Interest FROM 11/1/OS TO 12/6106 (PER DIEM - $10.72) -- $4,288.00 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $989.33 Other Costs Plaintiff Paid Date: AUGUST 2, 2006 CURTIS R. LONG Prothonota (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADLEPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 ~~ O Real Estate Sale # 19 On August 23, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Shippensburg Township, Cumberland County, PA Known and numbered as 420 North Earl Street, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 23, 2006 By: ~1~a(~-( ~~~, Real Estate Sergeant 0~ ~~ d 01 ~f1~ 9001 v'c~ ;'sir:ro~;~} ..r°~' t:~,ltd~dti ~.~l~3NS ~a~1~ ~0 3~i~~0 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 20, October 27 and November 3, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ._---~ isa Marie Coyn Editor SWORN TO AND SUBSCRIBED before me this 3 day of November, 2006 NOTARIAL SEAL ~ LOIS E. SNYDER, Notary Pub~C Carlisle 13oro, Cumt>erland County My Commission Expires March 5, 2009 REAL ESTATE &II.L !W. 19 Writ No. 2005-4890 Civil Mortgage Electronic Registration Systems, Inc. vs. Donald E. Stine Atty.: Daniel Schmieg All that certain lot of ground situ- ate on the highway leading from Shippensburg to Middle Spring, in Shippensburg Township, Cumber- land County, Pennsylvania bounded and described as follows: BEGINNING at a point in the middle of Middle Spring Road at line of lands now or formerly of John Boles, thence along lands now or formerly of John Bales, South 77 degrees 5 minutes West 416 feet to a post at line of land now or for- merly of Clark Gephart; thence with the lands now or formerly of Clark Gephart, South 10 degrees 37 min- utes East 60.6 feet to a point at line of land or formerly of H. Scott Plas- terer; thence along lands now or formerly of H. Scott Plasterer, North ?7 degrees 5 minutes East 391.59 feet, more or less to the middle of Middle Spring Road; thence with the middle of the said road, North 7 degrees 14 minutes East 63.80 feet to a point, the place of BEGINNING. CONTAINING 0.556 acres more or less as shown on plan of T.L. Essick, R.P.E. dated March 1, 1987. Having thereon erected a frame dwelling house previously known and numbered as R.D. #7, Box 173, Shippensburg, Pa. now known as 420 North Earl Street, Shippensburg, Pa. 17257. TITLE TO SAID PREMISES IS VESTED IN Donald E. Stine, by Deed from Donald E. Stine and Cynthia A. Stine, husband and wife, dated 12-20-01, recorded 12-27-01 in Deed Book 249, page 3863. This was a conveyance from husband and wife to husband. Premises: 420 NORTH EARL STREET SHIPPENSBURG, PA 17257. ,~ 36-33-7865-020. 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant 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 25th day(s) of October and the 1st and 8th day(s) of November 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations 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 Sworn to an s ri ed before me this 15th day of November 2006 A.D. SALE #19 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Public Terry L. Russell, Notary y COf marris nuE p aup ~~ne 6 2010 .,__ _..~...,..~ anriationofNotaries NOTARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 i~ ;~e :, ~'~`' PHELAN HALLINAN AND SCHMIEG, LLP By: MICHAEL E. CARLETON, ESQ. Atty. I.D. No. 203009 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 ~z~s~s~3-7onn MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff vs. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY DONALD E. STINE No. OS-4890 CNIL i~efenclant : F,XCF,PTinNS Tn SHF.RiFF'S SAi,F. niSTRTRiTTinN PiTRSi1ANT Tn PA_R(~'.P., RiTi.F. 3136(dl And now comes Plaintiff, Mortgage Electronic Registration Systems, Inc., by and through its counsel, Phelan Hallinan & Schmieg, LLP, and prays that this Honorable Court grant Plaintiff s Exceptions to Sheriff s Sale Distribution of Proceeds for the following reasons: 1. The Plaintiff is Mortgage Electronic Registration Systems, Inc., the holder of that certain Mortgage dated March 26, 2004, and recorded March 31, 2004, in the Office of the Recorder of Cumberland County's Mortgage Book 1859, Page 221. 2. The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings on September 20, 2005. Attached hereto, made a part hereof and market as Exhibit "A" is a true and correct copy of the Complaint in mortgage foreclosure. 3. On December 6, 2006, the premises located at 420 North Earl Street, Shippensburg, PA 17257 was sold at judicial sale pursuant to Writ of Execution issued out of the captioned case. Attached hereto, made a part hereof, and marked as Exhibit "B" is a true and correct copy of the Praecipe for Judgment. Attached hereto, made a part hereof, and marked as Exhibit "C" is a true and correct copy of the Writ of Execution. 4. At the judicial sale, the property was struck down to a third party bidder for the amount of $78,000.00. 5. On or about December 13, 2006, Plaintiff sent the Cumberland County Sheriffs office a letter with an attached Claim evincing Plaintiffs amount owed as $75,881.95. Attached hereto, made a part hereof, and marked as Exhibit "D" is a true and correct copy of Plaintiff s letter to the Cumberland County Sheriff's office. 6. On or about January 5, 2007, in accordance with Pa.R.C.P. 3136(d), the Sheriff issued a proposed Schedule of Distribution, which distribution listed the Plaintiff as receiving $72,011.18 rather than the amount as refelcted on Plaintiffs Claim. See Exhibit "D". Attached hereto, made a part hereof and marked as Exhibit "E"' is a true and correct copy of the Sheriffs proposed Schedule of Distribution. 7. The Sheriff s proposed Schedule of Distribution fails to reference the proper amount to be paid to the executing Plaintiff. 8. Plaintiff believes and therefore avers, that it is entitled to proceeds in the amount of $75,881.95 in accordance with Plaintiff s Claim. See Exhibit "D". WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order directing distribution to the executing Plaintiff in the amount of $75,881.95. Respectfully Submitted PHELAN HALLINAN & SCHMIEG, LLP ~f ~ - -~, `~/~~j~ \ Date: Michael E. Carleton, Esquire Attorney for Plaintiff PHELAN HALLINAN AND SCHMIEG, LLP By: MICHAEL E. CARLETON, ESQ. Atty. I.D. No. 203009 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 ~2T.~) s~~-7~~~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. vs. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY DONALD E. STINE No. OS-4890 CIVIL T~efendant : RRTF,F TN ~ITPPnRT nF PT,ATNTTFF'S F.XCF.PTTnNS Tn DTSTRTRIJTTnN I. FACTTJAT, RA(".KCRnT1Nn The instant action was commenced by the filing of a Complaint in mortgage foreclosure on September 20, 2005. By reason of Defendant's failure to answer the Complaint, default judgment was entered on November 14, 2005. Plaintiff s damages were assessed in the amount of $65,233.85 at the time of the entry of judgment. Plaintiff also caused a Writ of Execution to be issued and listed the mortgaged property for Sheriffls Sale on December 6, 2006. The property was sold at the December 6, 2006 Sheriffs Sale to a third party for the sum of $78,000.00. Since the time of the filing of the Complaint and Judgment, Plaintiff has expended additional sums in order to pay real estate taxes, property maintenance, and hazard insurance premiums relative to the mortgage property, as well as other monies collectable under the Note and Mortgage. On or about January 5, 2007, in accordance with Pa.R.C.P. 3136(d), the Sheriff issued a proposed Schedule of Distribution, which proposes to pay Plaintiff $72,011.18. The Sheriff's proposed Schedule of Distribution fails to reference the proper amount to be paid to the executing Plaintiff. II. i,F.GAi, AiJTHnRiTY Pennsylvania Rule of Civil Procedure 3136(d) allows a party to file Exceptions to the Sheriffs proposed Schedule of Distribution within ten days of the date of posting of the proposed schedule. In the instant case, Plaintiff has filed timely exceptions. The Superior Court of Pennsylvania held in the case of F.xtraco Mort~a~e v_ Williams, 2002 Pa. Super. 246, 805 A.2d 543 (Pa. Super. 2002), that payments for taxes and insurance, and through implication, other costs collectable under the Note and Mortgage, made by a senior lienholder following the entry of default judgment on its Mortgage relate back to the date of mortgage for the priority. In the instant matter, Plaintiff has expended additional sums, including taxes, property maintenance fees, and insurance premiums, relative to the mortgaged property to protect its collateral. In accordance with the holding in Rx r~c~ Mnrt.g~e, these amounts are recoverable upon the distribution of sale proceeds and take priority over any amounts owed to junior lienholders. Additionally, this Court has plenary power to administer equity according to well settled principles of equity jurisprudence cases under its jurisdiction. Cheval v. City ~f Philadelnhi, 116 Pa. Super. 101, 176 A. 779 (Pa. Super. 1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them without encouraging technical niceties in the modes of procedure and forms of pleading. Ci inn . t v. Try ~t, 380 Pa. 504, 112 A.2d 333 (Pa. 1955). Plaintiff submits that this Court should exercise its equity and discretion to allow the instant motion to be heard as it was promptly filed in anticipation of the distribution of proceeds of sale in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order directing distribution to the executing Plaintiff in the amount of $75,881.95. Respectfully Submitted PHELAN HALLINAN & SCHMIEG, LLP i~ - J Date: '' ~ r .~~~ /'~,G~,~ Michael E. arleton, Esquire Attorney for Plaintiff EXHIBIT A 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 Plaintiff v. DONALD E. STINE 420 NORTH EARL STREET SHIPPENSBURG, PA 17257-0000 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS C1VIL DIVISION "PERM NO. CUMBERLAND COUNTY CIVII., 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 objec:tions 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 ]nay 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 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 170]3 (800)990-9108 File #: 123024 IF THIS IS THE FIIZST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IS U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTIERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE :NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF TIiIS 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 LS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File ~!: 123024 1. Plaintiffis MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRNE, SUITE 350 MCLEAN, VA 22102 Flaintiff, 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: CHASE HOME FINANCE, LLC 3415 VISION DRNE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: DONALD E. STAVE 42~? NORTH EARL STREET SEiIPPENSBURG, PA 17257-0000 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 03/26/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CtTNIBERLAND County, in Mortgage Book: 1859, Page: 221. 'i. The premises subject to said mortgage is described as attached. ~. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01 /2005 and each month thereafter are due and unpaid, and by the terms oil 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 #: 123024 The following amounts are due on the mortgage: Principal Balance $61,115.12 Interest 1,397.28 OS/Ol/2005 through 09/19/2005 (Per Diem $9.84) Attorney's Fees 1,250.00 Cumulative Late Charges 67.02 03/26/2004 to 09/19/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 64,379.42 Escrow Credit 0.00 Deficit 431..31 Subtotal $ 431.31 TOTAL $ 64,810.73 The attorney's fees set forth above are in conformity with the mortgage documents and Pe:l>r,_sylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document,. as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit cou:~:->eling 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 $ 64,810.73, together with interest from 09/19/2005 at the rate of $9.84 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHfMIEG, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRI: Attorneys for Plaintiff File #: 123024 LEGAL DESCRIPTION All that certain lot of ground situate on the highway leading from Shippensburg to Middle Spring, in Shippensburg Township, Cumberland County, Pennsylvania bounded and described as follows: BEGINNING at a point in the middle of Middle Spring Road at line of lands now or formerly of John Boles, thence along lands now or formerly of John Boles, South 77 degrees 5 minutes West 416 feet to a post at line of land now or formerly of Clark Gephart; thence with the lands now or formerly of Clark Gephart, South 10 degrees 37 minutes East 60.6 feet to a point at line of land or formerly of H. Scott Plasterer, thence along lands now or formerly of H. Scott Plasterer, North 77 degrees 5 minutes East 391.59 feet, more or less to the middle of Middle Spring Road; thence with the middle of the said road, North 7 degrees 14 minutes East 63.80 feet to a point, the place of BEGINNING. CONTAINING 0.556 acres mare or less as shown on plan of T.L. Essick, R.P.E. dated March 1, 1987. Having thereon erected a frame dwelling house previously known and numbered as R.D. #7, Box 173, Shippensburg, Pa. now known as 420 North EARL STREET, Shippensburg, Pa. 17257 Being that same property that Donald E. Stine and Cynthia A. Stine by their deed dated May 16, 1983 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book'F' Volume 30 at page 236 conveyed to Donald E. Stine and Cynthia A. Stine, husband and wife, Grantors herein. File #: 123024 VERIFICATION FRANCIS S. HALLINAN, ESQUIlZE 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. /l ~ ~ ~~ I r Francis S. Hallman, Esquire Attorney for Plaintiff DATE: (r ~ ~~6~ EXHIBIT B PHELAN HALLINAN &SCHMIEG, L.L.P. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Fax: 215-563-5534 sandra. cooper@fedphe. com Sandra Cooper Sale Department, Ext. 1258 November 10, 2005 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Representing Lenders in Pennsylvania and New Jersey RE: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Vs. DONALD E. STINE NO. OS-4890 CIVIL Action in Mortgage Foreclosure Premises: 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 Dear Sir~lVladam: I would appreciate your entering Default Judgment in the above captioned matter, and transmitting the appropriate documents to the Sheriff so that it can be placed on the Sheriffs Sale list for the next available sheriff sale. All of the necessary documents are enclosed, together with my check to your order in the amount of $9.00, in payment of fees and costs. Kindly send me your receipt and a stamped copy of the Praecipe for Judgment in the stamped self-addressed envelope which I have enclosed. If there are any questions concerning the above matter please contact me immediately. Pe PHELAN HALLINAN &SCHMIEG, L.L.P. SMC Enclosures Your truly, _1 Sa a oo r PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney far Plaintiff ONE PENN CENTER AT SUBITRBAN STATION 1617 JOHN F. KENNEDY BLVD., SITITE 1400 PHILADELPHIA, PA 19103-1814 (21 ~ 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY 8201 GREENSBORO DRIVE, SUITE 350 COURT OF COMMON PLEAS MCLEAN, VA 22102 CIVIL DIVISION Plaintiff, v. NO. OS-4890 CIVIL DONALD E. STINE 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 DONALD E. STINE , Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 9/20/05 to 11 / 1 /OS TOTAL $64,810.73 $423.12 $65,233.85 I hereby certify that (1)-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. ~~ ANIEL G. SC G, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY (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. CUMBERLAND COUNTY .8201 GREENSBORO DRIVE, SUITE 350 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v NO. OS-4890 CIVIL DONALD E. STINE Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 By: DEPUTY If you have any questions concerning this matter, please contact: J D L G. SC SQ Attorney for Plaint ff ONE PENN CENTER AT SUB AN TATION 1617 JOHN F. KENNEDY BLVD., E 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** PHELAN HALLINAN AND SCHMIEG By. Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallman, Esq., Id. No. 62695 Daniel G_ Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 ~2 t s~ s~~-~cx~o MORTGAGE ELECTRONIC REGISTRATION :COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff : CTVH, DMSION Vs. :CUMBERLAND COUNTY DONALD E. STINE : NO. OS-4890 CIVIL Defendants TO: DONALD E. STINE 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 DATE OF NOTICE: OC'TnRF.R 12, 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY 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 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 COUN'T'Y LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA'T-ION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 P~' ~~ 800 990-9108 ~~~ ~ ) S, ~ ~~ CIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff j PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG :Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION DONALD E. STINE NO. OS-4890 CIVIL 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 O non-owner occupied O vacant (X} Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHM , ESQUIIZE Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHNHEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 Plaintiff, v. DONALD E. STINE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DTVISTON NO.OS-4890 CIVIL 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 UnitedStates 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 DONALD E. STINE is over 18 years of age and resides at , 420 NORTH EARL STREET, SHIPPENSBURG, PA 17257 . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~ L G. SCH G, ESQ Attorney for Plaintiff EXHIBIT C PHELAN HALLINAN &SCHMIEG, L.L.P. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Fax: 215-563-5534 CHRISTINE SCHOFFLER Sale Department, Ext. 1286 July 28, 2006 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Representing Lenders in Pennsylvania and New Jersey RE: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Vs. DONALD E. STINE NO. -05-4890 CIVIL Action in Mortgage Foreclosure Premises: 420- NORTH EARL STREET SHIPPENSBURG, PA 17257 Dear Sir/Madam: I would appreciate your issuing a Writ of Execution on the captioned property, and transmitting the appropriate documents to the Sheriff so that it can be placed on the Sheriffs Sale list for DECEMBER 6, 2006. All of the necessary documents are enclosed, together with my check to your order in the amount of $24.00, and the check to the order of the Sheriff in the amount of $1,500.00, in payment of fees and costs. Kindly send me your receipt and a stamped copy of the Praecipe for Judgment in the stamped self-addressed envelope which I have enclosed. If there are any questions concerning the above matter please contact me immediately. Yours truly, CHRISTINE SCHOFFLER PHELAN HALLINAN &SCHMIEG, L.L.P. IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: DONALD E. STINE Debtor Bk. No. 1-06-bk-00346 MDF MORTGAGE ELECTRONIC REGISTRATION Chapter No. 7 SYSTEMS, INC. Movant v' 11 U.S.C. §362 DONALD E. STINE . Respondent ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code l l U.S.C. §362 is modified with respect to premises 420 NORTH. EARL STREET, SHIPPENSBURG, PA 17257, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 4001(a)(3) is not applicable and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. may immediately enforce and implement this Order granting Relief from the automatic stay. $~' tlt~ Caiu-t, Dated: July 6, 2006 Thas document as edectraraicaddy sa~n~d ar~d f ded on the same date. {8 0) 990-9108 PRAECIPE FOR WRIT OF EXE UTION - (MORTGAGE FORECLOSURE} P.R .P. 3180.3183 MORTGAGE ELECTRONIC REGISTRA SYSTEMS, INC. Plaintiff, v. DONALD E. STINE befer-dant(s). No. 05-x890 CIVIL ~ ;~-~ ~ . ~~,~. ~:' 4 ~.rj A'' ~~l ~ TO THE DIltECTOR OF THE OFFICE OF Issue writ of execution in the above matter: Amount Due Interest from 11/1105 to DECEMBER 6, (per diem -$10.72) .: TOTAL PROTHONOTARY: ~~~~ ~ v $65,233.85 $4,28$.00 and Costs $66,595.29_ c`~ ~' ~__ ..a _ ~:., <. ~, ~- ~~ -- -; ` _ _~. -1- D L G. SCHMIEG, ESQ `_; ~" O e Penn Center at Suburban Station ~,~~= Y-~ 16 7 John F. Kennedy Boulevard, Suite~:~400 ~.:~ P 'ladelphia, PA 19103-1814 "~ ~, ;;; ~:-_ At orneY .for Plaintiff ~' Note: Please attach description of property.No IMPORTANT NpTxCE: This propert plaintiff. It may not be sold the plaintiff at the Sheriff's stayed in the event that a repr present at the sale. ~~ ---~ r:; ,.,~,_ -;-. ~ i , - - ,_~ _'~ t'_ -- -, ~, - -- ~_=~~ a, I^ ~:i is sold at the direction of the n the absence of a representative of ale. The sale must be postponed or sentative of the plaintiff is not 1z3o24 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. DONALD E. STINE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.OS-4890 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,420 NORTH EARL STREET, SHIPPENSBURG, PA 17257 . 1. Name and address of Owner(s) or reputed Owner(s): Name DONALD E. STINE Last Known Address (if address cannot be reasonably ascertained, please indicate) 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate} MERS AS NOMINEE FOR WACHOVIA MORTGAGE CORPORATION MERS AS NOMINEE FOR ADVANCED FINANCIAL SERVICES, INC. P.O. BOX 2026 FLINT, MI 48501-2026 P.O. BOX 2026 FLINT, MI 48501-2026 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 maybe 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 maybe affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TenantlOccupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 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. July 28, 2006 ~ ~ /~ . DATE DANIEL G. SCHMIEG, ESQU Attorney 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. DONALD E. STINE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. OS-4890 CIVIL 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. i DANIEL G. SCHMIEG, ESQIJ Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION CUMBERLAND COUNTY SYSTEMS, INC. Plaintiff, No. OS-4890 CIVIL v. DONALD E. STINE Defendant(s). July 28, 2006 TO: DONALD E. STINE 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKRUPTCYAND 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 ENFOR CEMENT OF A LIEN A GAINST PROPERTY. Your house (real estate) at , 420 NORTH EARL STREET, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriffs Sale on DECEMBER 6, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $65,233.85 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You maybe 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 maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717} 249-3166 EXHIBIT D Phelan Hallinan & S chmieg, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Phone.: 215-563-7000 Fax: 215-563-7009 Nora Ferrer Legal Assistant ext. 1477 December 130, 2006 Office of the Sheriff Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Attn: Real Estate Coordinator RE: Mortgage Electronic Registration Systems, Inc. v. STINE, Donald E. Premises: 420 North Earl Street Shippensburg, PA 17257 Court No.: OS-4890 Sale Price: $78,000.00 Dear Sir or Madam: Representing Lenders in Pennsylvania and New Jersey Please be advised that our office represents the plaintiff, Mortgage Electronic Registration Systems, Inc with respect to the Sale of this property. As you know our office entered a judgment in the amount of $64,810.73. As you know the successful bid was $78,000.00. The correct amount for distribution to Mortgage Electronic Registration Systems, Inc is $74,381.95. Of course, we should also receive reimbursement for the initial deposit monies of $1,500.00. Please review this matter with the title company insuring distribution and ensure that the distribution reflects the proper amount due. Once the Schedule of Distribution is completed, we would greatly appreciate it if your office could fax us a copy at the above fax number. Thank you for your cooperation with respect to this matter. If you have any questions or concerns, please do not hesitate to contact me. Sincerely, Nora Ferrer/ for Phelan Hallinan & Schmieg, LLP PI~LAN HALLINAN & SCHMIEG, L.L.P. Jay: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Mortgage Electronic Registration Systems, Inc. COURT OF COMMON PLEAS v. Plaintiff STINE, Donald E. 420 North Earl Street Shippensburg, PA 17257 CLAIM To the Sheriff of Cumberland County, Pennsylvania: NO.OS-4890 Plaintiff, Mortgage Electronic Registration Systems, Inc. by and through its attorney, Phelan Hallinan & Schmieg, L.L.P., does hereby file a Claim against the Proceeds of a Sheriff's Sale held on December 6, 2006 of premises situate at 420 North Earl Street, Shippensburg, PA 17257. Mortgage Electronic Registration Systems, Inc. is the holder of a mortgage recorded 10/25/2004in Volume Book 1885, Page 1952. Principal $ 61,115.12 Interest $ 5,754.65 Corporate Advances $ 4,903.00 Property Maintenance $ 173.00 Late Charges $ 290.42 Escrow Advances $ 2,145.76 Sub-Total $ 74,381.95 Reimbursement of Sheriff s Deposit ~ 1,500.00 Total $ 75,881.95 ATTORNEY FOR PLAINTIFF CIVIL DIVISION Date: Daniel G. Schmieg, Esquire EXHIBIT E SCHEDULE OF DISTRIBUTION SALE NO. 19 Date Filed: January O5, 2007 Writ No. 2005-4890 Civil Term Mortgage Electronic Registration Systems, Inc. VS Donald E. Stine 420 North Earl Street Shippensburg, PA 17257 Sale Date: December 06, 2006 Buyer: James A. and Darlene Pittman Bid Price: $78,000.00 Real Debt: $65,233.85 Interest: 4,288.00 Attorney Costs: 989.33 Total: $70,511.18 DISTRIBUTION: Receipts: Cash on account (08/22/2006): Cash on account (12/06/2006): Cash on account (12/26/2006} $ 1,500.00 7,800.00 73,613.46 Total Receipts: $82,913.46 Disbursements: Sheriff s Costs $2,459.98 Legal Search 200.00 Local Transfer Tax 826.73 State Transfer Tax 826.73 Barry L. Negley, Tax Collector 242.70 Attorney Daniel Schmieg 1,500.00 Mortgage Electronic Registration Systems, Inc. 70,511.18 Advanced Financial Services, Inc. 6,346.14 (pending payoff) Total Disbursements: ($82,913.46) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff VERIFICATION I, Michael E. Carleton, Esquire, hereby state that I am the attorney for the Plaintiff herein and am authorized to make this verification. I hereby verify that the information contained in Plaintiff s Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P., 3136(d) is true and correct to the best of my knowledge, information and belief. I am aware that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully Submitted PHELAN HALLINAN & SCHMIEG, LLP J Date: % // G ? ~. ~... Michael E. Carleton, Esquire Attorney for Plaintiff PHELAN HALLINAN AND SCHMIEG, LLP By: MICHAEL E. CARLETON, ESQ. Atty. I.D. No. 203009 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 ~21.~) 5fi'i-7~~~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff vs. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DNISION CUMBERLAND COUNTY DONALD E. STINE No. OS-4890 CIVIL Defenr~ant I hereby certify a true and correct copy of the foregoing Exceptions to Sheriffls Sale was served by regular mail on: Donald E. Stine 420 North Earl Street Shippensburg, PA 17257 ~,~ ~~~ Date: Sheriff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Respectfully Submitted PHELAN HALLINAN &SCHMIEG, LLP Y Michael E. Carleton, Esquire Attorney for Plaintiff ra ~i ___~ .--{ ~ .._ -.,> 1^-a , ~ ": .. _ ,'z ~.~:- Mortgage Electronic Registration Systems, Inc. Plaintiff v. Donald E. Stine, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-4890 CIVIL ORDER OF COURT AND NOW, this 22nd day of January 2007, upon consideration of the Exceptions to Sheriff's Sale Distribution, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer to this petition on or before February 12, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court; By the Court, ~~ G'a.,~ ~ q11 ~ n,Q,Y\ 4 ~hrr1 i e M. L. Ebert, Jr., ~L~~' Michael E Carleton, Esquire Attorney for Plaintiff onald E. Stine Defendant bas 1 Q~ ~ I I ~A~}~ ZZ ~' LC~~Z ~~f:1~_-~.~-~ u~~l~ ~ Y PHELAN HALLINAN AND SCHMIEG, LLP By: MICHAEL E. CARLETON, ESQ. Atty. I.D. No. 203009 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 f,21~) 5fi'~_7~~~ ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff vs. : CUMBERLAND COUNTY DONALD E. STINE No. OS-4890 CIVIL l~efenc~an ji X(''FPTInN4 Tn 4HF.R[FF'S SAI.F. D[STR[B[TT[ON pilRS[TANT Tn PA_R.C_P., RII[,F, 3136(dl And now comes Plaintiff, Mortgage Electronic Registration Systems, Inc., by and through its counsel, Phelan Hallinan & Schmieg, LLP, and prays that this Honorable Court grant Plaintiff s Exceptions to Sheriff's Sale Distribution of Proceeds for the following reasons: 1. The Plaintiff is Mortgage Electronic Registration Systems, Inc., the holder of that certain Mortgage dated March 26, 2004, and recorded March 31, 2004, in the Office of the Recorder of Cumberland County's Mortgage Book 1859, Page 221. 2. 'The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings on September 20, 2005. Attached hereto, made a part hereof and market as Exhibit "A" is a true and correct copy of the Complaint in mortgage foreclosure. 3. On December 6, 2006, the premises located at 420 North Earl Street, Shippensburg, PA 17257 was sold at judicial sale pursuant to Writ of Execution issued out of the captioned case. Attached hereto, made a part hereof, and marked as Exhibit "B" is a true and correct copy of the Praecipe for Judgment. Attached hereto, made a part hereof, and marked as Exhibit "C" is a true and correct copy of the Writ of Execution. Y Y 4. At the judicial sale, the property was struck down to a third party bidder for the amount of $78,000.00. 5. On or about December 13, 2006, Plaintiff sent the Cumberland County Sheriff's office a letter with an attached Claim evincing Plaintiffls amount owed as $75,881.95. Attached hereto, made a part hereof, and mazked as Exhibit "D" is a true and correct copy of Plaintiff's letter to the Cumberland County Sheriffls office. 6. On or about January 5, 2007, in accordance with Pa.R.C.P. 3136(d), the Sheriff issued a proposed Schedule of Distribution, which distribution listed the Plaintiff as receiving $72,011.18 rather than the amount as refelcted on Plaintiffs Claim. See Exhibit "D". Attached hereto, made a part hereof and marked as Exhibit "E"' is a true and correct copy of the Sheriff's proposed Schedule of Distribution. 7. The Sheriff s proposed Schedule of Distribution fails to reference the proper amount to be paid to the executing Plaintiff. 8. Plaintiff believes and therefore avers, that it is entitled to proceeds in the amount of $75,881.95 in accordance with Plaintiff s Claim. See Exhibit "D". WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order directing distribution to the executing Plaintiff in the amount of $75,881.95. Respectfully Submitted PHELAN HALLINAN & SCHMIEG, LLP Date: / j~ Michael E. Carleton, Esquire Attorney for Plaintiff ~t ~\ 111+~'"~ ~ ~G, ~~ ~ - ~.'~f ~t ~ ~ ( ~~d Z f ~~~~' t0~1 ~~~:~~'}-031~~ PHELAN HALLINAN AND SCHMIEG, LLP By: MICHAEL E. CARLETON, ESQ. Atty. I.D. No. 203009 ATTORNEY FOR PLAINTIFF One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 ~~~~ sh~_7nn~ MORTGAGE ELECTRONIC REGISTRATION :COURT OF COMMON PLEAS SYSTEMS, INC. CNIL DNISION Plaintiff CUMBERLAND COUNTY vs. DONALD E. STINE No. OS-4890 CNIL Defend nt : RRiF.F 1N ~ITPPnRT nF PLAiNTiFF'S F.X["F,PTinNS Tn niSTRiR[TTinN I, FA .TiTAi. RACKGRniTND The instant action was commenced by the filing of a Complaint in mortgage foreclosure on September 20, 2005. By reason of Defendant's failure to answer the Complaint, default judgment was entered on November 14, 2005. Plaintiff s damages were assessed in the amount of $65,233.85 at the time of the entry of judgment. Plaintiff also caused a Writ of Execution to be issued and listed the mortgaged property for Sheriff s Sale on December 6, 2006. The property was sold at the December 6, 2006 Sheriff's Sale to a third party for the sum of $78,000.00. Since the time of the filing of the Complaint and Judgment, Plaintiff has expended additional sums in order to pay real estate taxes, property maintenance, and hazard insurance premiums relative to the mortgage property, as well as other monies collectable under the Note and Mortgage. On or about January 5, 2007, in accordance with Pa.R.C.P. 3136(d), the Sheriff issued a proposed Schedule of Distribution, which proposes to pay Plaintiff $72,011.18. The Sheriff's proposed Schedule of Distribution fails to reference the proper amount to be paid to the executing Plaintiff. II. I.T(~AI. ALITHQRiTY Pennsylvania Rule of Civil Procedure 3136(d) allows a party to file Exceptions to the Sheriff s proposed Schedule of Distribution within ten days of the date of posting of the proposed schedule. In the instant case, Plaintiff has filed timely exceptions. The Superior Court of Pennsylvania held in the case of Fx r .n Mn a e v_ Williams, 2002 Pa. Super. 246, 805 A.2d 543 (Pa. Super. 2002), that payments for taxes and insurance, and through implication, other costs collectable under the Note and Mortgage, made by a senior lienholder following the entry of default judgment on its Mortgage relate back to the date of mortgage for the priority. In the instant matter, Plaintiff has expended additional sums, including taxes, property maintenance fees, and insurance premiums, relative to the mortgaged property to protect its collateral. In accordance with the holding in F.xtrac~ Mc,rt~e, these amounts are recoverable upon the distribution of sale proceeds and take priority over any amounts owed to junior lienholders. Additionally, this Court has plenary power to administer equity according to well settled principles of equity jurisprudence cases under its jurisdiction. C'heval v City of Philadehhi, 116 Pa. Super. 101, 176 A. 779 (Pa. Super. 1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them without encouraging technical niceties in the modes of procedure and forms of pleading. Ciunnett v_ Trnut, 380 Pa. 504, 112 A.2d 333 (Pa. 1955). Plaintiff submits that this Court should exercise its equity and discretion to allow the instant motion to be heard as it was promptly filed in anticipation of the distribution of proceeds of sale in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order directing distribution to the executing Plaintiff in the amount of $75,881.95. Respectfully Submitted PHELAN HALLINAN & SCHMIEG, LLP Date: I ~~ ~ Michael E. Carleton, Esquire Attorney for Plaintiff fi- EXHIBIT A PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62b95 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 ~215Z 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff v. DONALD E. STINE 420 NORTH EARL STREET SHIPPENSBURG, PA 17257-0000 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVII, 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 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)990-9108 File #: 123024 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT,15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN 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. File #: 123024 Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRNE, 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: CHASE HOME FINANCE, LLC 3415 VISION DRNE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: DONALD E. STINE 420 NORTH EARL STREET SHIPPENSBURG, PA 17257-0000 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 03/26/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CtTMBERLAND County, in Mortgage Book: 1859, Page: 221. -'~. The premises subject to said mortgage is described as attached. ~. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 0610] 12005 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 #: 123024 6. The following amounts are due on the mortgage: Principal Balance $61,115.12 Interest 1,397.28 05/01/2005 through 09/19/2005 (Per Diem $9.84) Attorney's Fees 1,250.00 Cumulative Late Charges 67.02 03/26/2004 to 09! 19/2005 Cosi of Suit and Title Search $ 550.00 Subtotal $ 64,379.42 Escrow Credit 0.00 Deficit 431.31 Subtotal 431.31 TOTAL $ 64,810.73 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pesl.~sylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 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 Defendants} 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 cou:tseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 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 $ 64,810.73, together with interest from 09/19%2005 at the rate of $9.84 per diems to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP ^~ By: /s/Francis S. HaIlinan~G'~ LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 123024 LEGAL DESCRIPTION All that certain lot of ground situate on the highway leading from Shippensburg to Middle Spring, in Shippensburg Township, Cumberland County, Pennsylvania bounded and described as follows: BEGINNING at a point in the middle of Middle Spring Road at line of lands now or formerly of John Boles, thence along lands now or formerly of John Boles, South 77 degrees 5 minutes West 416 feet to a post at line of land now or formerly of Clark Gephart; thence with the lands now or formerly of Clark Gephart, South 10 degrees 37 minutes East 60.6 feet to a point at line of land or formerly of H. Scott Plasterer; thence along lands now or formerly of H. Scott Plasterer, North 77 degrees 5 minutes East 391.59 feet, more or less to the middle of Middle Spring Road; thence with the middle of the said road, North 7 degrees 14 minutes East 63.80 feet to a point, the place of BEGINNING. CONTAINING 0.556 acres more or less as shown on plan of T.L. Essick, R.P.E. dated March 1, 1987. Having thereon erected a frame dwelling house previously known and numbered as R.D. #7, Box 173, Shippensburg, Pa. now known as 420 North EARL STREET, Shippensburg, Pa. 17257 Being that same property that Donald E. Stine and Cynthia A. Stine by their deed dated May 16, 1983 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book'F' Volume 30 at page 236 conveyed to Donald E. Stine and Cynthia A. Stine, husband and wife, Grantors herein. File #: 123024 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 aze 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 unswarn falsifications to authorities. i -, Francis S. Hallman, Esquire Attorney for Plaintiff DATE: t ~~ ~~~~ EXHIBIT B • PHELAN HALLINAN & 5CHMIEG, L.L.P. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Fax: 215-563-5534 Sandra. cooper@ fedphe. com ' Sandra Cooper Sale Department, Ext. 1258 November 10, 2005 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisie,_ PA 17013 Representing Lenders in Pennsylvania and New Jersey RE: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Vs. DONALD E. STINE NO. 05-4890 CIVIL Action in Mortgage Foreclosure Premises: 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 Dear SirlMadam: I would appreciate your entering Default Judgment in the above captioned matter, and transmitting the appropriate documents to the Sheriff so that it can be placed on the Sheriffs Sale list for the next available sheriff sale. All of the necessary documents are enclosed, together with my check to your order in the amount of $9.00, in payment of fees and costs. Kindly send me your receipt and a stamped copy of the Praecipe for 3udgment in the stamped self-addressed envelope which I have enclosed. If there are any questions concerning the above matter please contact me immediately. PHELAN HALLINAN & SCHMIEG, L.L.P. SMC Enclosures Your truly, '{ ooper ' PHELAN IIALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (2151 563-7000. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY 8201 GREENSBORO DRIVE, SUITE 350 COURT OF COMMON PLEAS MCLEAN, VA 22102 - CIVIL DIVISION Plaintiff, y NO. OS-4890 CIVIL DONALD E. STINE 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 DONALD E. STINE , 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 $64,810.73 Interest from 9/20/05 to 11/1/OS $423.12 TOTAL $65,233.85 I hereby certify that (1) 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. ~~ ANIEL G. SC G, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY (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. CUMBERLAND COUNTY 8201 GREENSBORO DRIVE, SUITE 350 COURT OF COMMON PLEAS CIVIL DMSION Plaintiff, . ~• NO. OS-4890 CIVIL DONALD E. STINE , Defendant(s). . Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 By: DEPUTY If you have any questions concerning this matter, please contact: J D L G. SC SQ Attorney for Plaint ff ONE PENN CENTER AT SUB AN TATION 1617 JOHN F. KENNEDY BLVD., 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** PHELAN HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallman, Esq., Id No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (~ ~ 5~ 5~~_~nnr~ MORTGAGE ELECTRONIC REGISTRATION :COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff : CIVIL DMSION Vs. :CUMBERLAND COUNTY DONALD E. STINE : NO. OS-4890 CIVIL Defendants TO: DONALD E. STINE 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 DATE OF NOTICE: O(:TnRF,R 12, 2nos 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 PUR.POSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE I5 NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTAN'T' 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 WTTHOUT 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 A ~ 1 CARLISLE, PA 17013 ~~~~ (: {{1 (800)990-9108 V ~P.NCIS S. HALLINAN, ESQUIRE ~ Attorneys for Plaintiff / PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHII,ADELPHIA, PA 19103-1814 (21 ~ 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, ~~ CIVII~ DIVISION DONALD E. STINE NO. OS-4890 CIVIL 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: Q an FHA mortgage O non-owner occupied O 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. \- YIAJ DANIEL G. SCHM ,ESQUIRE Attorney 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 PHILADELPffiA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ! 8201 GREENSBORO DRIVE, SUITE 350 Plaintiff, v. DONALD E. STINE Defendant(s). ATTORNEY FOR PLAINTIFF. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.OS-4890 CIVII. VERIFICATION OFNON-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 DONALD E. STINE is over 18 years of age and resides at , 420 NORTH EARL STREET, SIiIPPENSBURG, PA 17257. This statement is made subject to the penalties of 18 Pa. C.5. Section 4904 relating to unsworn'falsification to authorities. law L G. SC G, ESQ Attorney for Plaintiff EXHIBIT C ~- PHELAN HALLINAN &SCHMIEG, L.L.P. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Fax: 215-563-5534 CHRISTINE SCHOFFLER Sale Department, Ext. 1286 July 28, 2006 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Representing Lenders in Pennsylvania and New Jersey RE: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Vs. DONALD E. STINE NO. 05-4890 CIVIL Action in Mortgage Foreclosure Premises: 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 Dear Sir/Madam: I would appreciate your issuing a Writ of Execution on the captioned property, and transmitting the appropriate documents to the Sheriff so that it can be placed on the Sheriffs Sale list for DECEMBER 6, 2006. All of the necessary documents are enclosed, together with my check to your order in the amount of $24.00, and the check to the order of the Sheriff in the amount of $1,500.00, in payment of fees and costs. Kindly send me your receipt and a stamped copy of the Praecipe far Judgment in the stamped self-addressed envelope which I have enclosed. If there are any questions concerning the above matter please contact me immediately. Yours truly, CHRISTINE SCHOFFLER PHELAN HALLINAN &SCHMIEG, L.L.P. IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: DONALD E. STINE Debtor MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Movant v. DONALD E. STINE Respondent Bk. No. 1-06-bk-00346 MDF • Chapter No. ' 11 U.S.C. §362 ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 420 NORTH EARL STREET, SHIPPENSBURG, PA 17257, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff s Sale (or purchaser's assignee} to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 4001(a)(3) is not applicable and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. may immediately enforce and implement this Order granting Relief from the automatic stay. By tlt~e ~oiut, Dated: July 6, 2006 ~ ~ Judge (~ This document as electronically signed and filed on the same date. (8 0) 990-9108 PRAECIPE FOR WRIT OF EXE UTION - (MORTGAGE FORECLOSURE) P.R .P. 3180-3183 MORTGAGE ELECTRONIC REGISTRA SYSTEMS, TNC. Plaintiff, Y. DONALD E. STINE Defendant(s). TO THE DIItL~CTOR OF THE OFFICE OF Issue writ of execution in the above matter: Amount Due Interest from 11/1/OS to DECEMBER 6, (per dierrt -$10.72).: TOTAL. Note: Please attach description of property. . No. 05-x890 CIVIL ,~ ~- PROTHONOTARY: ~~~~ $65,233.85 $4,288.00 and Costs $66,595.29_: c~ ~ r~ cs~ <Y. I-" !~`l y ~ L} L G. SCHMIEG, ESQ "~ {`' O e Penn Center at Suburban Station ~~~ _ Y°~ lb 7 John F. Kennedy Boulevard, Suit~~I~4A0 ~, P 'ladelphia, PA 19103 1$14 ~ J ,~; At ornev for Plaintiff ~ ~=' IMPORTANT NOTICE: This propert} plaintiff. It may not be sold ~ the plaintiff at the Sheriff's stayed in the event that a reprE present at the sale. :~ 'T`I _..~ ry,~ n `1l =_; r~= -:~=~ ".~;-~ ..~~~ is sold at the direction of the n the absence of a representative of ale. The sale must be postponed ar sentative of the plaintiff is not 123x24 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. . Plaintiff, v. DONALD E. ST1NE . Defendant(s). . CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.05-4890 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at =420 NORTH EARL STREET SHIPPENSBURG PA 17257 . 1. Name and address of Owner(s) or reputed Owner(s): Name DONALD E. STINE Last Known Address (if address cannot be reasonably ascertained, please indicate) 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None !., 4. Name and address of last recorded holder of every mortgage of record: Name MERS AS NOMINEE FOR WACHOVIA MORTGAGE CORPORATION MERS AS NOMINEE FOR ADVANCED FINANCIAL SERVICES, INC. Last Known Address (if address cannot be reasonably ascertained, please indicate) P.O. BOX 2026 FLINT, MI 48501-2026 P.O. BOX 2026 FLINT, MI 48501-2026 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 maybe affected by-the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate} 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Name TenantiOccupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 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. July 28, 2006 DATE p ~L /'~ . DANIEL G. SCI-IMIEG, ESQ Attorney for Plaintiff ` 'PHELAN HALLINAN &SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification Nv. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPffiA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v, CIVIL DIVISION DONALD E. STINE NO. 05-4890 CIVIL 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: Q 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. i DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff r„ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. DONALD E. STINE Defendant(s). CUMBERLAND COUNTY No. OS-4890 CIVIL July 28, 2006 TO: DONALD E. STINE 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREYIOUSLYRECEIVED ADISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TD COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINSTPROPERTY. ** Your house (real estate) at L420 NORTH EARL STREET, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriffs Sale on DECEMBER 6, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $65,233.85 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: X215) 563-7000. 2. You maybe 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. ~ s 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 maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong). are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also-have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a 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 ~,_ EXHIBIT D 4 f Phelan Hallman &Schmieg, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Phone: 215-563-7000 Fax: 215-563-7009 Nora Ferrer Legal Assistant ext. 1477 December 130, 2006 Office of the Sheriff Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Attn: Real Estate Coordinator RE: Mortgage Electronic Registration Systems, Inc. v. STINE, Donald E. Premises: Court No.: Sale Price: Dear Sir or Madam: 420 North Earl Street Shippensburg, PA 17257 05-4890 $78,000.00 Representing Lenders in Pennsylvania and New Jersey Please be advised that our office represents the plaintiff, Mortgage Electronic Registration Systems, Inc with respect to the Sale of this properly. As you know our office entered a judgment in the amount of $64,810.73. As you know the successful bid was $78,000.00. The correct amount for distribution to Mortgage Electronic Registration Systems, Inc is $74,381.95. Of course, we should also receive reimbursement for the initial deposit monies of $1,500.00. Please review this matter with the title company insuring distribution and ensure that the distribution reflects the proper amount due. Once the Schedule of Distribution is completed, we would greatly appreciate it if your office could fax us a copy at the above fax number. Thank you for your cooperation with respect to this matter. If you have any questions or concerns, please do not hesitate to contact me. Sincerely, Nora Ferreri for Phelan Hallman &Schmieg, LLP 4 1 ~ PIiyEI,AN HALLINAN & SCHMIEG, L.L.P. I3y: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 ATTORNEY FOR PLAINTIFF One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Mortgage Electronic Registration Systems, Inc. COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff v. STINE, Donald E. NO.OS-4890 420 North Earl Street Shippensburg, PA 17257 CLAIM To the Sheriff of Cumberland County, Pennsylvania: Plaintiff, Mortgage Electronic Registration Systems, Inc. , by and through its attorney, Phelan Hallinan & Schmieg, L.L.P., does hereby file a Claim against the Proceeds of a Sheriff s Sale held on December 6, 2006 of premises situate at 420 North Earl Street, Shippensburg, PA 17257. Mortgage Electronic Registration Systems, Inc. is the holder of a mortgage recorded 10/25/2044in Volume Book 1885, Page 1952. Principal $ 61,115.12 Interest $ 5,754.65 Corporate Advances $ 4,903.00 Property Maintenance $ 173.00 Late Charges $ 290.42 Escrow Advances $ 2,145.76 Date: Sub-Total $ 74,381.95 Reimbursement of Sheriff s Deposit $ 1,500.00 Total $ 75,881.95 Daniel G. Schmieg, Esquire EXHIBIT E ~ s SCHEDULE OF DISTRIBUTION SALE NO. 19 Date Filed: January 05, 2007 Writ No. 2005-4890 Civil Term Mortgage Electronic Registration Systems, Inc. VS Donald E. Stine 420 North Earl Street Shippensburg, PA 17257 Sale Date: December 06, 2006 Buyer: James A. and Darlene Pittman Bid Price: $78,000.00 Real Debt: $65,233.85 Interest: 4,288.00 Attorney Costs: 989.33 Total: $70,511.18 DISTRIBUTION: Receipts: Cash on account (08/22/2006): $ 1,500.00 Cash on account (12!06!2006): 7,800.00 Cash on account (12/2612006) 73,613.46 Total Receipts: $82,913.46 .. ~ .. Disbursements: Sheriffs Costs $2,459.98 Legal Search 200.00 Local Transfer Tax 826.73 State Transfer Tax 826.73 Barry L. Negley, Tax Collector 242.70 Attorney Daniel Schmieg 1,500.00 Mortgage Electronic Registration Systems, Inc. 70,511.18 Advanced Financial Services, Inc. 6,34b.14 (pending payoff} Total Disbursements: ($82,913.4b) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff .- w ' VERIFICATION I, Michael E. Carleton, Esquire, hereby state that I am the attorney for the Plaintiff herein and am authorized to make this verification. I hereby verify that the information contained in Plaintiff s Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P., 3136(d) is true and correct to the best of my knowledge, information and belief. I am aware that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully Submitted PHELAN HALLINAN & SCHMIEG, LLP Date: /l~ Michael E. Carleton, Esquire Attorney for Plaintiff ~ s+ .! PHELAN HALLINAN AND SCHMIEG, LLP By: MICHAEL E. CARLETON, ESQ. Atty. I.D. No. 203009 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS Plaintiff vs. CNIL DNISION CUMBERLAND COUNTY DONALD E. STINE No. OS-4890 CNIL n .f .nd nt I hereby certify a true and correct copy of the foregoing Exceptions to Sheriff s Sale was served by regular mail on: Donald E. Stine 420 North Earl Street Shippensburg, PA 17257 Date: r ~~ Sheriff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Respectfully Submitted PHELAN HALLINAN &SCHMIEG, LLP Michael E. Car eton, Esquire Attorney for Plaintiff PHELAN HALLINAN AND SCHMIEG, LLP By: MICHAEL E. CARLETON, ESQ. Atty. I.D. No. 203009 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215)563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff vs. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY DONALD E. STINE No. OS-4890 CIVIL Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Exceptions to Sheriff s Sale, the Court's January 22, 2007, Order to show cause, and this Certification was served by regular mail on: MERS as Nominee for Wachovia Mortgage Corporation P.O. Box 2026 Flint, MI 48501-2026 MERS as Nominee for Advanced Financial Services, Inc. P.O. Box 2026 Flint, MI 48501-2026 Equity One Inc. 3878 Union Deposit Road Harrisburg, PA 17109 Equity One Inc. 1495 Lincoln Way E. Chambersburg, PA 17201 Equity One Inc. 15 N. Cherry Lane York, PA 17403 .. Date: / Z C" Respectfully Submitted PHELAN HALLINAN & SCHMIEG, LLP ~ ~~~ Michael E. Carleton, Esquire Attorney for Plaintiff L-', ~ '' c`.... -_-- -~~r_ ..~ r~z ~..: ..~ rr: jf ~ i :' - ° ~.~ . "i-~ .f ' ~ ~(~ 'f wJ ..,~f t`Y~ `~' PHELAN HALLINAN AND SCHMIEG, LLP By: MICHAEL E. CARLETON, ESQ. Atty. I.D. No. 203009 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 f 2151 Sfi3-7n(1n MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY vs. DONALD E. STINE No. OS-4890 CIVIL Pi.AiNTiFF'~ MnTinN Tn MAKF, RiTi,F. AR~ni.><1TF And now comes Plaintiff, Mortgage Electronic Registration Systems, Inc., by and through its counsel, Phelan Hallinan & Schmieg, LLP, and prays that this Honorable Court make Plaintiff s Rule to Show Cause in Plaintiff s Exceptions to Sheriff's Sale Distribution absolute in the above-captioned action, and, in support thereof, avers as follows: 1. That it is the Plaintiff in this action. 2. Plaintiff s Exceptions to Sheriffs Sale Distribution and Rule to Show Cause were timely served upon all parties in accordance with the applicable Rules of Civil Procedure by the Court on January 22, 2007, and by Plaintiffs Counsel on January 26, 2007. Attached hereto, made a part hereof and marked as Exhibit "A" and "B" are true and correct copies of the Court's Rule to Show Cause and Certificate of Service of said Rule to Show Cause, respectively. 3. Defendant Donald E. Stine, the Sheriff of Cumberland County, MERS as Nominee for Wachovia Mortgage Corporation, MERS as Nominee for Advanced Financial Services, Inc., and Equity One Inc., have failed to respond or otherwise plead to the said Exceptions and, as a result, Plaintiff is entitled to the Relief requested. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order making the Rule to Show Cause absolute. Date: 2~~/ `~ ~ Michael E. Carleton, Esquire Attorney for Plaintiff EXHIBIT A Mortgage Electronic Registration Systems, Inc. IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. Donatd E. Stine, Defendant 05-4890 CIVIL ORDER OF COURT AND NOW, this 22nd day of January 2007, upon consideration of the Exceptions to Sheriff's Sale Distribution, IT IS HEREBY QRDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant wilt file an answer to this petition on or before February 12, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court'$ receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rufe to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court; By the Court, ~~ M. L. Ebert, Jr., Michael E Carleton, Esquire Attorney for Plaintiff Donald E. Stine Defendant bas ~,c.~,f1r . ~ •~ EXHIBIT B 3 C~ Q ~ : © _('~ ~ _ ~3 ~~ I,L-! ,.,~', ..»~ G _ ~D C > 1 )-= " . ice ' -~ .~ ~ ~ -{ PHELAN HALLINAN AND SCHMIEG, LLP By: MICHAEL E. CARLETON, ESQ. Atty. I.D. No. 203009 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 X215)563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION :COURT OF COMMON PLEAS SYSTEMS, INC. CIVIL DIVISION Plaintiff vs. CUMBERLAND COUNTY DONALD E. STINE No. OS-4890 CIVIL _ _ Defendant CERTIFICATE OF SERVICE I hereby certify that a true and convect copy of the Exceptions to Sheriffs Sale, the Court's January 22, 2007, Order to show cause, and this Certification was served by regular mail on: MERS as Nominee for Wachovia Mortgage Corporation P.O. Box 2026 Flint, MI 48501-2026 MERS as Nominee for Advanced Financial Services, Inc. P.O. -Box 2026 Flint, MI 48501-2026 Equity One Inc. 3878 Union Deposit Road Harrisburg, PA 17109 Equity One Inc. 1495 Lincoln Way E. Chambersburg, PA 17201 Equity One lnc. 15 N. Cherry Lane York, PA 17403 Respectfully Submitted PHELAN HALLINAN & SCHMIEG, LLP Date: / ~ G ~j Michael E. Carleton, Esquire Attorney for Plaintiff VERIFICATION I, Michael E. Carleton, Esquire, hereby state that I am the attorney for the Plaintiff herein and am authorized to make this verification. I hereby verify that the information contained in Plaintiff s Motion to Make Rule Absolute is true and correct to the best of my knowledge, information and belief. I am aware that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully Submitted PHELAN HALLINAN & SCHMIEG, LLP Date: ?~y ~ . ,/~~~ ~, Michael E. Carleton, Esquire Attorney for Plaintiff PHELAN HALLINAN AND SCHMIEG, LLP By: MICHAEL E. CARLETON, ESQ. Atty. I.D. No. 203009 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 ~ ~s~s~~-7nnn MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff vs. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY DONALD E. STINE No. OS-4890 CIVIL T~efendant ; I hereby certify a true and correct copy of the foregoing Motion to Make Rule Absolute was served by regular mail on: Donald E. Stine 420 North Earl Street Shippensburg, PA 17257 MERS as Nominee for Wachovia Mortgage Corporation P.O. Box 2026 Flint, MI 48501-2026 Sheriff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Equity One Inc. 3878 Union Deposit Road Harrisburg, PA 17109 MFRS as Nominee for Advanced Financial Services, Inc. P.O. Box 2026 Flint, MI 48501-2026 Date: z~ '.f (`t Equity One Inc. 1495 Lincoln Way E. Chambersburg, PA 17201 Equity One Inc. 15 N. Cherry Lane York, PA 17403 Respectfully Submitted PHELAN HALLINAN &SCHMIEG, LLP Michael E. Carleton, Esquire Attorney for Plaintiff ~ ° ~ct ~'. o ~~~~ ~ cz~ ~~ w : U;: t3'ti ~~~ ) ~rn ~ .-c COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which James A Pittman & Darlene is the grantee the same having been sold to said grantee on the 6th day of Dec A.D., 2006, under and by virtue of a writ Execution issued on the 2nhd day of ate, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 4890, at the suit of Mtg Elec Reg Systems Inc against Donald E Stine is duly recorded in Deed Book No. 278, Page 2334. 4 I IN TESTIMONY WHEREOF, I have hereunto set my hand an eal of said office this day of A.D. ~~~ ... /~ Reoorde of be~d~, CumberWid County. Carlbte, PA My Cortw~on t.xpire~ the FMS Monday of Jm. Y010 5 FEB 16 2UU~ ~~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff vs. DONALD E. STINE COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. OS-4890 CIVIL S~ AND NOW, this ~~ day of ~~p~~a,~y , 2007, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby: ORDERED and DECREED that Plaintiff s Exceptions to Sheriff's Sale Distribution's Rule to Show Cause shall be and is hereby made absolute and Plaintiff's Exceptions are granted; and ORDERED and DECREED that the Sheriff is hereby directed to issue a revised Schedule of Distribution providing for the balance of the proceeds realized from the sale be paid first for the taxes and costs as outlined in the proposed Schedule of Distribution, then distribute the sum of $75,881.95 to the executing Plaintiffby and through its attorney, Phelan, Hallinan and Schmieg, LLP. J. ~~lE`J ~rE~~l,~~ ,}~~~ L £ ~ ~ ~ ~ 1 ~ ~3.~ Lt~QZ ~~~~~~'y~{-~~~:~~;~ ~F~.1. ~C3 ~a ~~.Ff^~-C3~~i.~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which James A & Darlene Pittman is the grantee the same having been sold to said grantee on the 6th day of December A.D., 2006, under and by virtue of a writ Execution issued on the 2nd day of August, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 4890, at the suit of Mortgage Electronic Registration Systems Inc against Donald E Stine is duly recorded in Deed Book No. 278, Page 2334. IN TESTIMONY WHEREOF, I have~eunto set my hand and~eal of said office this ~ l day of A.D. ~?o~o_,~ of Deeds 4~, Cumb~rlrW County, CarlhN, PA ~N~~yd~Z010 ,~ Mortgage Electronic Registration Systems, Inc. VS Donald E. Stine In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-4890 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on September 11, 2006 at 2010 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Donald E. Stine, by making known unto Deb Stine, adult in charge for Donald E. Stine, at 420 N. Earl Street, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 11, 2006 at 1354 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Donald E. Stine located at 420 North Earl Street, Shippensburg, Cumberland County, Pennsylvania according to law. R. Thomas Klitte, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Donald E. Stine, by regular mail to his last known address of 420 North Earl Street, Shippensburg, PA 17257. This letter was mailed under the date of October O5, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 06, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $78,000.00 to James A. and Darlene Pittman. It being the highest bid and best price received for the same, James A. and Darlene Pittman of 903 Big Spring Road, Shippensburg, PA 17257, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $81,413.46. Sheriffs Costs: Docketing $30.00 Poundage 1,560.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library Prothonotary 1.00 Mileage 35.20 Certified Mail 11.88 Levy 15.00 Surcharge 20.00 Law Journal 335.00 Patriot News 301.46 Share of Bills 15.94 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $2,459.98 So Answers: ~;,~~' .. R. Thomas Kline, Sheriff (~ ~ . BY € ~( l~ Real Estate 'ergeant ~~ ~~ ~. ~~ ~ "~ ~'~. s sa 9~ (~,, /~iv~95~ • , MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. , CIVIL DIVISION DONALD E. STINE , NO.OS-4890 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) 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 ,420 NORTH EARL STREET, SHIPPENSBURG, PA 17257 . 1. Name and address of Owner(s) or reputed Owner(s): Name DONALD E. STINE Last Known Address (if address cannot be reasonably ascertained, please indicate) 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 2. Name and address of Defendants} 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) MERS AS NOMINEE FOR WACHOVIA MORTGAGE CORPORATION MERS AS NOMINEE FOR ADVANCED FINANCIAL SERVICES, INC. P.O. BOX 2026 FLINT, MI 48501-2026 P.O. BOX 2026 FLINT, MI 48501-2026 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 maybe 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 maybe affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 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. July 28, 2006 ~ /fit . DATE DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION CUMBERLAND COUNTY SYSTEMS, INC. Plaintiff, No. 05-4890 CIVII, v. DONALD E. STINE . Defendant(s). July 28, 2006 TO: DONALD E. STINE 420 NORTH EARL STREET SHIPPENSBURG, PA 17257 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTTNG TO COLLECT A DEBT AND ANY INFORMATTON OBTAINED WWII L BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOTREAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY. * Your house (real estate) at , 420 NORTH EARL STREET, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriffs Sale on DECEMBER 6.2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $65,233.85 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. ' NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (Z15) 563-7000. 2. You maybe 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 1VIAY 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 maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE: IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 All that certain lot of ground situate on the highway leading from Shippensburg to Middle Spring, in Shippensburg Township, Cumberland County, Pennsylvania bounded and described as follows: BEGINNING at a point in the middle of Middle Spring Road at line of lands now or formerly of John Boles, thence along lands now or formerly of John Boles, South 77 degrees 5 minutes West 416 feet to a post at line of land now or formerly of Clark Gephart; thence with the lands now or formerly of Clark Gephart, South 10 degrees 37 minutes East 60.6 feet to a point at line of land or formerly of H. Scott Plasterer; thence along lands now or formerly of H. Scott Plasterer, North 77 degrees 5 minutes East 391.59 feet, more or less to the middle of Middle Spring Road; thence with the middle of the said road, North 7 degrees 14 minutes East 63.80 feet to a point, the place of BEGINNING. CONTAINING 0.556 acres more or less as shown on plan of T.L. Essick, R.P.E. dated March 1, 1987. Having thereon erected a frame dwelling house previously known and numbered as R.D. #7, Box 173, Shippensburg, Pa. now known as 420 North Earl Street, Shippensburg, Pa. 17257 TITLE TO SAID PREMISES IS VESTED IN Donald E. Stine, by Deed from Donald E. Stine and Cynthia A. Stine, husband and wife, dated 12-20-01, recorded 12-27-01 in Deed Book 249, page 3863. This was a conveyance from husband and wife to husband. Premises: 420 NORTH EARL STREET SHIPPENSBiJRG, PA 17257 36-33-7865-020 WRIT OF EXECUTION and/or ATTACIIMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO OS-4890 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 DONALD E. STINE (1) You are duected to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $65,233.85 L.L. Interest FROM 11/1/OS TO 12/6/06 (PER DIEM - $10.72) - $4,288.00 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $989.33 Other Costs Plaintiff Paid Date: AUGUST 2, 2006 CURTIS R. LONG Prothonot (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADLEPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 AMENDED SCHEDULE OF DISTRIBUTION SALE N0.19 Date Filed: March 28, 2007 Writ No. 2005-4890 Civil Term Mortgage Electronic Registration Systems, Inc. VS Donald E. Stine 420 North Earl Street Shippensburg, PA 17257 Sale Date: December 06, 2006 Buyer: James A. and Darlene Pittman Bid Price: $78,000.00 Real Debt: $65,233.85 Interest: 4,288.00 Attorney Costs: 989.33 Total: $70,511.18 DISTRIBUTION: Receipts: Cash on account (08/22/2006): $ 1,500.00 Cash on account (12/06/2006): 7,800.00 Cash on account (12/26/2006 ): 73,613.46 Total Receipts: $82,913.46 Disbursements: Sheriff s Costs $2,459.98 Legal Search 200.00 Transfer Tax, Local 826.73 Transfer Tax, State 826.73 Barry L. Negley, Tax Collector 242.70 Attorney Daniel Schmieg 1,500.00 Mortgage Electronic Registration Systems Inc. 75,881.95 Advanced Financial Services, Inc. 975.37 Total Disbursements: ($82,913.46) Balance for distribution: 0.00 So Answers: ~~~ R. Thomas Kline Sheriff _ ~-.:,, ~Y 1 > t SCHEDULE OF DISTRIBUTION SALE N0.19 Date Filed: January O5, 2007 Writ No. 2005-4890 Civil Term Mortgage Electronic Registration Systems, Inc. VS Donald E. Stine 420 North Earl Street Shippensburg, PA 17257 Sale Date: December 06, 2006 Buyer: James A. and Darlene Pittman Bid Price: $78,000.00 Real Debt: $65,233.85 Interest: 4,288.00 Attorney Costs: 989.33 Total: $70,511.18 DISTRIBUTION: Receipts: Cash on account (08/22/2006): $ 1,500.00 Cash on account (12/06/2006): 7,800.00 Cash on account (12/26/2006) 73,613.46 Total Receipts: $82,913.46 Disbursements: Sheriffs Costs $2,459.98 Legal Search 200.00 Local Transfer Tax 826.73 State Transfer Tax 826.73 Barry L. Negley, Tax Collector 242.70 Attorney Daniel Schmieg 1,500.00 Mortgage Electronic Registration Systems, Inc. .70,511.18 Advanced Financial Services, Inc. 6,346.14 (pending payoff) Total Disbursements: ($82,913.46) Balance for distribution: 0.00 So Answers: ~;~~'~ .~ R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 19 Held: Wednesday, December 6, 2006 Date: December 6, 2006 TAXES: Receipts for all taxes for the years 2003 to 2005 inclusive. Taxes for the current year 2006. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2006, and recorded 2006, in Cumberland County Deed Book ,Page RECITAL: Being the same premises which Donald E. Stine and Cynthia A. Stine, his wife, by deed dated December 20, 2001 and recorded December 27, 2001 in the Office of the Recorder of Deeds in and for Cumberland County, in Carlisle, Pennsylvania, in Deed Book 249, Page 3863, granted and conveyed to Donald E. Stine. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. Public and private rights in the roadbed of the Middle Spring Road. 6. .Mortgage in the amount of $63,000.00 given by Donald E. Stine to Wachovia Mortgage Corporation dated March 26, 2004 and recorded March 31, 2004 in Mortgage Book 1859, Page 221. Complaint in mortgage foreclosure filed by Mortgage Electronic Registration Systems, Inc. and Chase Home Finance, LLC., as Plaintiff against Donald E. Stine as Defendant, in the Office of the Prothonotary of Cumberland County, on September 20, 2005 to File No. 2005-4890. Judgment entered November 14, 2005. 7. Mortgage in the amount of $41,200.00 given by Donald E. Stine to Advanced Financial Services, Inc. dated October 20, 2004 and recorded October 25, 2004 in Mortgage Book 1885, Page 1952. 8. Judgment in the amount of $6,916.71 entered by Equity One, Inc., as Plaintiff against Donald Stine as Defendant in the Office of the Prothonotary of Cumberland County on January 12, 2006 to File No. 2006-281. 9 Rights granted to Cumberland Franklin Joint Municipal Authority by instrument recorded October 12, 1979 in Miscellaneous Record Book 247, Page 577. 10. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 11. Real estate taxes accruing on and after January 1, 2007 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. ~. Robed G. Frey, Agent Note: This Title Report shall not be valid until countersigned by an authorized sign rk.r' s y¢;,.,,aREAI:s~ESTATE 8i4LE,P1O:.19 .:~. Writ No. 2008-4890 Civil Mortgage Eiectronle Reglstratien Systems, Inc. • vs. Donald E. Stlne Atty.: Daniel Schmfeg All that certain lat of ground situ- ate on the highway leading from Shlppensburg to Mkldle Spring. in Shippensburg Township, Cumber- ~ ! land County. Pennrylvanla bounded and described as tallawa: BEGINNING at a point In the middle of Middle Spring Road at line of lands naw or formerly of John Boles, thence along lands now or .. - formerly oC John Boles. South 77 degrees 5 minutes West 418 feet to ' a peat at Une of land now or for- . - merly of Clark Gephart: thence with the lands now or formerly of Clark Gephart, South 10 degrees 37 min- utes East 60.6 feet to a point at tine oC land or forme[1y of H. Swtt Plan- . terer: thence along lands now or formerly of H. Scott Pkaterer, North 77 degrees 5 minutes East 39I.S9 leek, more or leas to the middle oC Middle Spring Road: thence with the mtddle of ffie said road, North 7 degrees 14 minutes East 63.80 feet to a poink the place of BEGINNING. CONTAINING O.SSB acres mots or less as shown on plan of T.L. ' Essick, R.P.E. dated March i. 1987. Having thereon erected a a frame dwelling house prevfaualy known and numbered as RD. 117. Bax 173, Shlppenaburg. Pa. now known as 420 North Ear! Street. Shippenaburg, Pa. 17287. TITLE TO SAID PREMISES 1S VESTED IN Donald E. Stine, by Deed from Donald E. Stine and 3 . Cynthia A. 3tlne, husband and wife. ' dated 12-20-01, recorded 12-27-01 ~- In Deed Book 249, page 3863. This was a conveyance from husband and wife to husband. Premises: 420 NORTH EARL STREET SHIPPENSBURG. PA 17257. - 36-33-7865-020. 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant 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 Mazket 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 25th day(s) of October and the 1st and 8th day(s) of November 2006. That neither he nor said Company is interested in the. subject matter of said printed notice or advertising, and that all of the allegations 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 »n~ously passed and adopted severally by the stockholders and boazd of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE #19 REAL ESTATE.SAI.E x'19 WrftNo~2005-4890ChrltTerm i~ ~;:Ilortgege Elecfronlc `•- nr ~ Systems, Ina ~ Va. ~ Donald E_ Stine }:' i ~ ` Att}r Daniel Schmfeg DESCRIP"CION AII. THAT (FX1:41N lot ground situate on ~ the highway kadinB ~pPem>~ to ,~ spy ;a - ~ ?Tbwnship, r CS~mbe~and Comu}; lvaaia taunded and deuu'bed as fol{aws::,° '"`; &gmninB at a poim in the middle of bfiddle sprmg Raed at iroe of Lutds nary or fnmmiy of '. Jahn Boles, thence. along hinds now or fonnedy~ arfJohn Boles; South T7 degrees 5 mites West 416.feet to apostat ]ine of ]and now or formerly `of QarY Geppazt thence with the lands now ar fonneriy of Clazk Gephat, South IO degrees 37 ..minutes Fast 60.6 feet to a point at line of Lmd i Sworn to an(s ri ed before me this 15th day of November 2006 A, - rnnnnnnNW EALTH OF PE, N~ ~1A Notarial Seal Public Terry L. Russell, Notary, ty OF Namsbrug, Dauphin County Commission Expo June 6, 2010 _ _ _-.~.._... enrt~atiofl Ot NOt2 NOTARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 20, October 27 and November 3, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 19 writ No. 2005-4890 Civil Mortgage Electronic Registration Fi Systems, Ina it vs. ~~ Donald E. Stine j, Atty.: Daniel Schmieg i All that certain lot of ground situ- ate on the highway leading from Shippensburg to Middle Spring, in Shippensburg Township, Cumber- land County. Pennsylvania bounded and described as follows: BEGINNING at a point in the middle of Middle Suring Road at line Marie Covnd, Editor WORN TO AND SUBSCRIBED before me this 3 day of November, 2006 NoTal~lal. sEAI ~ LOTS E. SNYDER, Notary Pub~C Car~sle Soro, Cumberland Courrty My Commission Expires March 5, 2009 FEB 16 2007 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff vs. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY DONALD E. STINE : No. OS-4890 CIVIL i)efendant AND NOW, Phis ~,~~day of Plaintiff s Motion to Make Rule Absolute, it is he[~by: 2007, upon consideration of ORDERED and DECREED that Plaintiff s Exceptions to Sheriff's Sale Distribution's Rule to Show Cause shall be and is hereby made absolute and Plaintiff s Exceptions are granted; and ORDERED and DECREED that the Sheriff is hereby directed to issue a revised Schedule of Distribution providing for the balance of the proceeds realized from the sale be paid first for the taxes and costs as outlined in the proposed Schedule of Distribution, then distribute the sum of $75,881.95 to the. executing, Plaintiffby and through its attorney, Phelan, Hallinan and Schmieg, LLP. /"' J.