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Home My WebLink About05-5096PHELAN 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. KIM LEE CASEY ELIZABETH ANN CASEY A/K/A ELIZABETH MARCHESE 840 NORTH PITT STREET CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. (?1-0t- 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 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 He #: 122080 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. He #: 122080 Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2. The name(s) and last known address(es) of the Defendant(s) are: KIM LEE CASEY ELIZABETH ANN CASEY A/K/A ELIZABETH MARCHESE 840 NORTH PITT STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 03/29/2004 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: 1923. 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 04/01/2005 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 #: 122080 The following amounts are due on the mortgage: Principal Balance $80,298.63 Interest 2,739.04 03/01/2005 through 09/28/2005 (Per Diem $12.92) Attorney's Fees 1,225.00 Cumulative Late Charges 124.96 03/29/2004 to 09/28/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 84,937.63 Escrow Credit 0.00 Deficit 5,330.80 Subtotal $ 5,330.80 TOTAL $ 90,268.43 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 90,268.43, together with interest from 09/28/2005 at the rate of $12.92 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: I rancis S. Hallman LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 122090 LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by 'E' Street; on the East by North Pitt Street; on the South by land now or formerly of Upton Glass and on the West by an alley; having a frontage of 50 feet on North Pitt Street and extending 179 feet in depth to the alley in the rear. BEING Lots Nos. 31 and 32 in Block No. 21 on the Plan of Lots of Carlisle Land & Improvement Company, as recorded in the Office of the Recorder of Deeds for Cumberland County in Misc. Book 11, Page 572. BEING improved with a dwelling house known as No. 840 North Pitt Street, Carlisle, PA 17013. BEING the same property which was conveyed to Marlyn E. Casey and Helen J. Casey, his wife, by Janice W. Casey, Executrix of the Estate of Donald A. Black, deceased, by deed dated September 6, 1988, and recorded in the Office aforesaid in Deed Book'O', Vol. 33, Page 12. Marlyn E. Casey died on January 13, 1992, thus vesting title in Helen J. Casey, Grantor herein, as surviving tenant by the entirely. PREMISES BEING: 840 NORTH PITT STREET File #: 122080 VERIFICATION Christina Trowbridge hereby states that he/she is ASSISTANT SECRETARY of mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. Christina Trowbridgge ASSISTANT SECRETARY DATE: ??--?' V w -f- n t^-? k --1 t° ?4 ?l 3?a V y SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-05096 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS CASEY KIM LEE ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT CASEY ELIZABETH ANN AKA ELIZABETH MARCHESE but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT , CASEY ELIZABETH ANN AKA ELIZABETH MARCHESE 135 EAST NORTH STREET CARLISLE, PA 17013 KIM LIVES AT THIS ADDRESS. ELIZABETH LIVES AT 840 N PITT STREET CARLISLE. Sheriff's Costs: So answers ---- Docketing Service 6.00 .00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 10/12/2005 Sworn and subscribed to before me this y? day of `j Jc9toS A D Pr on r SHERIFF'S RETURN - REGULAR CASE NO: 2005-05096 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS CASEY KIM LEE ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CASEY KIM LEE the DEFENDANT , at 1430:00 HOURS, on the 11th day of October , 2005 at 840 NORTH PITT STREET CARLISLE, PA 17013 KIM LEE CASEY by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 32.80 Sworn and Subscribed to before me this I 1 day of -200" A.D. Pro ry? So Answers: R. Thomas Kline 10/12/2005 B : Deputy heri SHERIFF'S RETURN - REGULAR CASE NO: 2005-05096 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS CASEY KIM LEE ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CASEY ELIZABETH ANN AKA ELIZABETH MARCHESE the DEFENDANT , at 1430:00 HOURS, on the 11th day of October , 2005 at 840 NORTH PITT STREET CARLISLE, PA 17013 KIM LEE CASEY, SON by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Additional Comments ELIZABETH LIVES AT THIS ADDRESS. Sheriff's Costs Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this yt day of tiuvc-,? j UL S A. D. Proth otary So Answers: R. Thomas Kline 10/12/2005 PHELAN HALLINAN SCHMIEG By_--? 7 Deputy Sh iff CASE NO: 2005-05096 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS CASEY KIM LEE ET AL J. MICHAEL ICKES , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CASEY KIM LEE the DEFENDANT at 1430:00 HOURS, on the 11th day of October , 2005 at 135 EAST NORTH STREET CARLISLE, PA 17013 by handing to VINCENT CASEY, BROTHER a true and attested copy of COMPLAINT - MORT FORE , together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 16.32 Affidavit .00 Surcharge 10.00 .00 32.32 Sworn and Subscribed to before me this VC-- day of A. D. "ry So Answers R. Thomas Kline 10/12/2005 PHELAN HALLINAN SCHMIEG By: 1"'l- Deputy Sheriff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 16t7 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 V. Plaintiff, CIVIL DIVISION CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 05-05096 KIM LEE CASEY ELIZABETH ANN CASEY A/K/A ELIZABETH MARCHESE 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 KIM LEE CASEY and ELIZABETH ANN CASEY A/K/A ELIZABETH MARCHESE, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 9/29/05 to 11/29/05 TOTAL $90,298.63 $901.04 $91,099.67 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. i EL G. MIEG ESQiAkE Attorney f DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE:J)cG -- ?1 266S PR PROTH PHELAN HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (915) 563-7000 MORTGAGE ELECTRONIC REGISTRATION : COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY KIM LEE CASEY :NO. 05-05096 CIVIL TERM ELIZABETH ANN CASEY A/K/A ELIZABETH MARCHESE Defendants TO: ELIZABETH ANN CASEY A/K/A ELIZABETH MARCHESE 840 NORTH PITT STREET CARLISLE, PA 17013 DATE OF NOTICE: NOVEMBER 1, 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 MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 564-7000 MORTGAGE ELECTRONIC REGISTRATION :COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY KIM LEE CASEY : NO. 05-05096 CIVIL TERM ELIZABETH ANN CASEY A/K/A ELIZABETH MARCHESE Defendants TO: KIM LEE CASEY 135 EAST NORTH STREET CARLISLE, PA 17013 DATE OF NOTICE: NOVEMBER 1 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 MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 Plaintiff, V. KIM LEE CASEY ELIZABETH ANN CASEY A/K/A ELIZABETH MARCHESE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-05096 VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant HIM LEE CASEY is over 18 years of age and resides at, 135 EAST NORTH STREET, CARLISLE, PA 17013. (c) that defendant ELIZABETH ANN CASEY AfK/A ELIZABETH MARCHESE is over 18 years of age, and resides at, 840 NORTH PITT STREET, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. i a DA EL G. EG - Attorney for-14 . i + (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. KIM LEE CASEY ELIZABETH ANN CASEY A/K/A ELIZABETH MARCHESE Defendant(s). CIVIL DIVISION NO. 05-05096 Notice is given that a Judgment in the above-captioned matter has been entered against you on ?EG 1 200..5. IYZ4 By: If you have any questions concerning this matter, please contact: NIEL G. SCHM Attorney f ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY 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.*" CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. No. 05-05096 KIM LEE CASEY ELIZABETH ANN CASEY A/K/A ELIZABETH MARCHESE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $91,099.67 Interest from 11/29/05 to MARCH 8, 2006 $1,483.02 and Costs (per diem 414.98) TOTAL j $92,582.69 DANIEL G. SCHMI One Penn C ufiurban 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 the plaintiff at the Sheriff's Sale. The sale must be postponed stayed in the event that a representative of the plaintiff is not present at the sale. of or 0 0 r r r+ r+ d d Cw C+ aU?1 W v? V) In W W d ?' V, tin lp? R a rp w? 00 O? W H a ,7' p o N '?' W w 4 w? i 45 A ?? v V ?? d u W JJil I/ LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, PennsyMmia, bounded and described as follows: ON the North by 'E' Street; on the East by North Pitt Street; on the South by land now or formerly of Upton Glass and on the West by an alley; having a frontage of 50 feet on North Pitt Street and extending 179 feet in depth to the alley in the rear. BEING Lots Nos. 31 and 32 in Block No. 21 on the Plan of Lots of Carlisle Land & Improvement Company, as recorded in the Office of the Recorder of Deeds for Cumberland County in Misc. Book 11, Page 572. BEING improved with a dwelling house known as No. 840 North Pitt Street, Carlisle, PA 17013. BEING the same property which was conveyed to Marlyn E. Casey and Helen J. Casey, his wife, by Janice W. Casey, Executrix of the Estate of Donald A. Black, deceased, by deed dated September 6, 1988, and recorded in the Office aforesaid in Deed Book'O', Vol. 33, Page 12. Marlyn E. Casey died on January 13, 1992, thus vesting title in Helen J. Casey, Grantor herein, as surviving tenant by the entirely. PREMISES BEING: 840 NORTH PITT STREET, CARLISLE, PA 17013 File #' 122080 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5096 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 HIM LEE CASEY, ELIZABETH ANN CASEY A/K/A ELIZABETH MARCHESE (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 gamishee(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 $91,099.67 L.L. $.50 Interest FROM 11/29/05 TO 3/8/06 (PER DIEM - $14.98) - $1,483.02 AND COSTS Airy's Comm % Arty Paid $184.12 Plaintiff Paid Date: DECEMBER 1, 2005 Due Prothy $1.00 Other Costs (7 L Prothonotary (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 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. V. Plaintiff, ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION KIM LEE CASEY NO. 05-05096 ELIZABETH ANN CASEY A/K/A ELIZABETH MARCHESE 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: 0 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 ;ci II `t Ca! `.I ? _ __ ?il ?`I t_? ? ( ^ n' ? s MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. KIM LEE CASEY ELIZABETH ANN CASEY A/K/A ELIZABETH MARCHESE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-05096 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,840 NORTH PITT STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name KIM LEE CASEY ELIZABETH ANN CASEY AWA ELIZABETH MARCHESE Last Known Address (if address cannot be reasonably ascertained, please indicate) 135 EAST NORTH STREET CARLISLE, PA 17013 840 NORTH PITT STREET CARLISLE, PA 17013 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 COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTENTION: JOHN MURPHY DEPARTMENT OF PUBLIC WELFARE TPI. CASUALTY UNIT ES FATE RECOVERY PROGRAM INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER Last Known Address (if address cannot be reasonably ascertained, please indicate) 61.. FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 19105-8486 131° FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 840 NORTH PITT STREET CARLISLE, PA 17013 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 unworn falsification to authorities. November 29, 2005 DATE NI EL G. SCHMIEG, ESQU Attorn --- ? ? 1 =(1 ...y 1?-? r ?. C3 S ?? i '.) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. KIM LEE CASEY ELIZABETH ANN CASEY AWA ELIZABETH MARCHESE Defendant(s). CUMBERLAND COUNTY No. 05-05096 November 29. 2005 TO: KIM LEE CASEY 135 EAST NORTH STREET CARLISLE, PA 17013 ELIZABETH ANN CASEY AWA ELIZABETH MARCHESE 840 NORTH PITT STREET CARLISLE, PA 17013 "THIS FIRMIS 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 BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 840 NORTH PITT STREET, CARLISLE, PA 17013, 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 $91,099.67 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 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.) 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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 LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by 'E' Street; on the East by North Pitt Street; on the South by land now or formerly of Upton Glass and on the West by an alley; having a frontage of 50 feet on North Pitt Street and extending 179 feet in depth to the alley in the rear. BEING Lots Nos. 31 and 32 in Block No_ 21 on the Plan of Lots of Carlisle Land & Improvement Company, as recorded in the Office of the Recorder of Deeds for Cumberland County in Misc. Book 11, Page 572. BEING improved with a dwelling house known as No. 840 North Pitt Street, Carlisle, PA 17013. BEING the same property which was conveyed to Marlyn E. Casey and Helen J. Casey, his wife, by Janice W. Casey, Executrix of the Estate of Donald A. Black, deceased, by deed dated September 6, 1988, and recorded in the Office aforesaid in Deed Book'O', Vol. 33, Page 12. Marlyn E. Casey died on January 13, 1992, thus vesting title in Helen J. Casey, Grantor herein, as surviving tenant by the entirely. PREMISES BEING: 840 NORTH PITT STREETi CARLISLE, PA 17013 File N. 122090 LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by'E' Street; on the East by North Pitt Street on the South by land now or formerly of Upton Glass and on the West by an alley; having a frontage of 50 feet on North Pitt Street and extending 179 feet in depth to the alley in the rear. BEING Lots Nos. 31 and 32 in Block No. 21 on the Plan of Lots of Carlisle Land & Improvement Company, as recorded in the Office of the Recorder of Deeds for Cumberland County in Misc. Book 11, Page 572. BEING improved with a dwelling house known as No. 840 North Pitt Street, Carlisle, PA 17013. BEING the same property which was conveyed to Marlyn E. Casey and Helen J. Casey, his wife, by Janice W. Casey, Executrix of the Estate of Donald A. Black, deceased, by deed dated September 6, 1988, and recorded in the Office aforesaid in Deed Book '0', Vol. 33, Page 12. Marlyn E. Casey died on January 13, 1992, thus vesting title in Helen J. Casey, Grantor herein, as surviving tenant by the entirely. PREMISES BEING: 840 NORTH PITT STREET; CARLISLE, PA 17013 File q. 122080 1? h?l ' ( ? ? 1? _, ' . _.? ? ?i ? `L C? G .t AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DEFENDANT(S) KIM LEE CASEY ELIZABETH ANN CASEY A/K/A CUMBERLAND COUNTY No. 05-05096 ACCT. #1213627750 ELIZABETH MARCHESE Type of Action - Notice of Sheriffs Sale / SERVE KIM LEE CASEY AT 135 EAST NORTH STREET Sale Date: MARCH 8, 2006 CARLISLE, PA 17013 l/ SERVED Served and made known to K ) Nn Defendant, on the z - day of C w3w" 2005,_ at'?, o'clockP .m.,at 13> ?c x'44 5T 04,2)TSL6 as Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge 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: Age J Height Weight I S Race L- Sex r Other I ?}kec oe 2t - 0 A41 R 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. Sworn to and subpc?)byd befo e this 2Qday Nota gy' / VICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. PI?EAWX Tt PAiRI 6 e 2008 Commission Expires June 16, NOT SERVED On the day of 200, at Moved Unknown No Answer Isr Attempt: . Time: 3rd Attempt: Sworn to and subscribed before me this day of ,200 _. Notary: Time: By: o'clock _.m., Defendant NOT FOUND because: Vacant 2nd Attempt: Time: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 I ? /,?V •t AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DEFENDANT(S) KIM LEE CASEY ELIZABETH ANN CASEY A/K/A ELIZABETH MARCHESE SERVE ELIZABETH ANN CASEY A/K/A ELIZABETH CUMBERLAND COUNTY No. 05-05096 ACCT. #1213627750 Type of Action - Notice of Sheriff's Sale MARCHESE AT Sale Date: MARCH 8, 2006 840 NORTH PITT STREET CARLISLE, PA 17013 SERVED Served and made known to Z/ Z?iTL Defendant, on the Z - day ofd 1c P ,2005,at `7,,?r° ,o'clock?.m.,at ??o N Grp Sy. 04-.21ISLf , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _-t;kAdult 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: Age 35' Heights Weight 140 Race t-' Sex_- Other I, ` kP,?,`e£ -T a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and By: / -? g?iWTk T SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE P1, r'v r ?;„ ,?rd?sion Expires June 16,200B ATTEMPTED. NOTSERVED On the day of , 200, at o'clock _.m., Defendant NOT FOUND because: Moved ^ Unknown _ No Answer 1st Attempt: / 1 Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200 Notary: By: Vacant 2nd Attempt: Time: Attorney for Plaintiff Daniel G. Schmieg, Esquire I.D. No. 62205 C7 c> O r ?-? -n ?, ? O ? ?i' . - ? m c ? ? ? ?? _ ?, {r', ? -rJ c _r , _ ? ? , T A t ) ' "?_. N { N U L11 '? . I John M. Hyams, Esquire PA Supreme Court ID#87327 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102, Plaintiff, CIVIL ACTION - LAW No. 05-5096 VS. KIM LEE CASEY ELIZABETH ANN CASEY a/k/a ELIZABETH MARCHESE 840 NORTH PITT STREET CARLISLE, PA 17013, Defendants NOTICE OF STAY Respectfully submitted, & ICOFF, P.C. NOTICE IS HEREBY GIVEN that Kim L. Casey, above-named Defendant, has filed a Petition under Chapter 13 of the United States Bankruptcy Code to Case No. 1-06-00189 and as a result thereof, the above-captioned action is stayed until further Order of the United States Bankruptcy Court. The undersigned executes this Notice for purposes of giving notice only; and the providing of this Notice is not intended to enter an appearance in the within case. Date: February 9, 2006 By: \. J 1 John M. Awns, Esquire I.D.#87327 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 CERTIFICATE OF SERVICE I, Lisa Fuge, do hereby certify that a true and correct copy of the NOTICE OF STAY was sent by first class mail, postage prepaid on this day to the following: Lawerence T. Phelan, Esq. Francis S. Hallinan, Esq. Phelan Hallman & Schmieg, LLP One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 Elizabeth A. Casey 840 North Pitt Street Carlisle, PA 17013 Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Date: February 9, 2006 By:?? Lisa, Puge F:\HOME\LFUGE\CASEY\NOTBK I. W PD 2 . .?.? ?. ? } n _, 11 1 -- -- :T ` _, . ?... . , _ . . G3 ^: f ' __. ? . RI {,} - C ? _ C" a ? . t:? `= Mortgage Electronic Registration Systems, Inc. VS Kim Lee Casey and Elizabeth Ann Casey, a/k/a Elizabeth Marchese The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-5096 Civil Term Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 30, 2005 at 11:18 o'clock AM, 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: Kim Lee Casey, by making known unto Kim Casey, personally, at 46 E Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 30, 2005 at 11:10 o'clock AM, 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:. Elizabeth Ann Casey a/k/a Elizabeth Marchese, by making known unto Elizabeth Casey, personally, at 840 North Pitt Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her 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 10, 2006 at 7:10 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 Kim Lee Casey and Elizabeth Ann Casey a/k/a Elizabeth Marchese, located at 840 North Pitt Street, Carlisle, 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: Kim Lee Casey, by regular mail to his last known address of 46 E Street, Carlisle, PA 17013. This letter was mailed under the date of January 10, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states 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: Elizabeth Ann Casey a/k/a Elizabeth Marchese, by regular mail to her last known address of 840 North Pitt Street, Carlisle, PA 17013. This letter was mailed under the date of January 10, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 14.20 Posting Handbills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 14.00 Certified Mail 1.63 Levy 15.00 Surcharge 30.00 Postage .78 Law Journal 299.00 Patriot News 267.20 Share of Bills 21.05 $724.36 Sworn and subscribed to before me This //Sti day 2006, SAw r- . Thomas Kline, heriff BY Q Wkt- Real Estate rgeant 1,15D Ck b3;Lp /I'M-7 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. KIM LEE CASEY ELIZABETH ANN CASEY A/K/A ELIZABETH MARCHESE Defendant(s). NO. 05-05096 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 .840 NORTH PITT STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KIM LEE CASEY 135 EAST NORTH STREET CARLISLE, PA 17013 ELIZABETH ANN CASEY A/K/A 840 NORTH PITT STREET ELIZABETH MARCHESE CARLISLE, PA 17013 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) COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTENTION. JOHN MURPHY DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM INTERNAUREVENUE SERVICE FEDERATED INVESTORS TOWER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION 0 FLOOR STRAWBERRY SQUARE DEPT. 260601 HARRISBURG. PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 13TM FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH. PA 15222 1 Y 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name. Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic' Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 840 NORTH PITT STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Boa 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 unworn falsification to authorities. November 29, 2005 DATE NIEL G. SCHMIEG, ESQU Atto MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. HIM LEE CASEY ELIZABETH ANN-eASEY A/K/A ELIZABETH MARCHESE Defendant(s). CUMBERLAND COUNTY No. 05-05096 November 29, 2005 TO: HIM LEE CASEY 135 EAST NORTH STREET CARLISLE, PA 17013 ELIZABETH ANN CASEY A/K/A ELIZABETH MARCHESE 840 NORTH PITT STREET CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED: TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIENAGAINST PROPERTY.' * Your house (real estate) at, 840 NORTH PITT STREET, CARLISLE, PA 17013, 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 $91,099r.67 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: L The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner' of the property as if the sale never happened. 5. ! You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance 'with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the Plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by B' Street; on the East by North Pitt Street; on the South by land now or formerly of Upton Glass and on the West by an alley; having a frontage of 50 feet on North Pitt Street and extending 179 feet in depth to the alley in the rear. BEING Lots Nos. 31 and 32 in block No. 21 on the Plan of Lots of Carlisle Land & Improvement Company, as recorded in the Office of the Recorder of Deeds for Cumberland County in Misc. Book 11, Page 572. BEING improved with a dwelling house known as No. 840 North Pitt Street, Carlisle, PA 17013. BEING the same property which was conveyed to Marlyn E. Casey and Helen J. Casey, his wife, by Janice W. Casey, Executrix of the Estate of Donald A. Black, deceased, by deed dated September 6, 1988, and recorded in the Office aforesaid in Deed Book V, Vol. 33, Page 12. Marlyn E. Casey died on January 13, 1992, thus vesting title in Helen J. Casey, Grantor herein, as surviving tenant by the entirely. PREMISES BEING: 840 NORTH PITT STREET, CARLISI.S, PA 17013 File a: 122080 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5096 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 HIM LEE CASEY, ELIZABETH ANN CASEY A/K/A ELIZABETH MARCHESE (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 gamishee and is enjoined as above stated. Amount Due $91,099.67 L.L. $.50 Interest FROM 11129/05 TO 3/8/06 (PER DIEM - $14.98) - $1,483.02 AND COSTS Atty's Comm % Atty Paid $184.12 Plaintiff Paid Date: DECEMBER 1, 2005 (Seal) Due Prothy $1.00 Other Costs C"?ZL Prothonotary 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 Deputy Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 22 On December 13, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Carlisle, Cumberland County, PA Known and numbered as 840 North Pitt Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 13, 2005 By: `J od-k-j cSn-? Ej Real Estate Sergeant SS II b S- 330 5002 U? IJ ? `? -40 31183HS 3N1 A 3 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 m 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#22 ..................................:i...- ........... 1...................................... Sworn to and subscribed before to s 16th av of Fehnim" 2006 AI Russell, Notary Public risbur,gg, Dauphin County sloryFxpiresAAm 6.2006 NOTAWPU13LIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE 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: January 20, 27, February 3, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal. a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. C?1^? Lisa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this day of February, 2006 . ,._ Notary--- 1...... GGrfiL NOT& s Gets 110. 29 Writ No. 2005-5096 Civil Mortgage Electronic Registration Systems, Inc. vs, Kim Lee Casey and Elizabeth Ann Casey a/k/a Elizabeth Marchese Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL that certain tract of land with the improvements theeea erected, situate In the Barouiti of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by 'E' Street; on the East by North Pitt Street; on the South by land now or formerly of Upton Glass and on the West by an alley; having a frontage of 50 feet on North Pitt Street and extending 179 feet in depth to the alley in the rear. BEING Lots Nos. 31 and 32 in Block No. 21 on the Plan of Lots of Carlisle Land & Improvement Com- pany, as recorded in the Office of the Recorder of Deeds for Cumber- land County in Misc. Book 11, Page 572. BEING Improved with a dwelling house known as No. 840 North Pitt Street, Carlisle, PA 17013. BEING the same property which was conveyed to Marlyn E. Casey and Helen J. Casey, his wife, by Janice W. Casey. Executrix of the Estate of Donald A. Black, de- ceased, by deed dated September 6, 1988, and recorded in the Office aforesaid in Deed Book 'O', Vol. 33, Page 12. Marlyn E. Casey died on January 13, 1992, thus vesting title in Helen J. Casey, Grantor herein, as surviving tenant by the entirety. PREMISES BEING: 840 NORTH PITT STREET; CARLISLE. PA 17013. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. No. 05-05096 KIM LEE CASEY ELIZABETH ANN CASEY A/K/A ELIZABETH MARCHESE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $91,099.67 Interest from 11/29/05 to SEPTEMBER 5, 2007 $9,662.10 and Costs (per diem -$14.98) TOTAL $100,761.77 Ae?? 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. 122080 Oz Wa w? zz 0 a OH Uz 00 a? O< w? xw H? Z? U ?- UN-, ui ? ? - _ . ..- LL _ ? p- - LU c U o2 aw W ?. z ?o co HE w v H w? ~1 V F+vl w? a z H d W O U IK -IK w? y O ? H ? w 00 w w l'? + y v y C V? ` v ` V ? V V i I I I I ? 1 1 0 cy) oM o C'x 0 ^cijKn -d w V . V V{? v ? o M M O O a a,, aW ?a~ UV W? ? E~ E"' F O a' z? ?o wz ?00 ?A -5 0 -el .O CIS CIS. v? _ + O v -f, J PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. KIM LEE CASEY ELIZABETH ANN CASEY A/K/A ELIZABETH MARCHESE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-05096 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff r-a ? a -13 r , -% MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION KIM LEE CASEY ELIZABETH ANN CASEY A/K/A ELIZABETH MARCHESE . Defendant(s). NO. 05-05096 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 ,840 NORTH PITT STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name KIM LEE CASEY ELIZABETH ANN CASEY A/K/A ELIZABETH MARCHESE Last Known Address (if address cannot be reasonably ascertained, please indicate) 135 EAST NORTH STREET CARLISLE, PA 17013 840 NORTH PITT STREET CARLISLE, PA 17013 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR, STRAWBERRY SQUARE BUREAU OF INDIVIDUAL TAX DEPT. 280601 INHERITANCE TAX DIVISION HARRISBURG, PA 17128 ATTN: JOHN MURPHY INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM PO BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 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 840 NORTH PITT STREET CARLISLE, PA 17013 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 unworn falsification to authorities. March 28, 2007 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff ?M1 t ? rn . ? GS p " W J MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. KIM LEE CASEY ELIZABETH ANN CASEY A/K/A ELIZABETH MARCHESE Defendant(s). TO: KIM LEE CASEY March 28, 2007 135 EAST NORTH STREET CARLISLE, PA 17013 CUMBERLAND COUNTY No. 05-05096 ELIZABETH ANN CASEY A/K/A ELIZABETH MARCHESE 840 NORTH PITT STREET CARLISLE, PA 17013 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 840 NORTH PITT STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff s Sale on SEPTEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $91,099.67 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 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. 1 You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by'E' Street; on the East by North Pitt Street; on the South by land now or formerly of Upton Glass and on the West by an alley; having a frontage of 50 feet on North Pitt Street and extending 179 feet in depth to the alley in the rear. BEING Lots Nos. 31 and 32 in Block No. 21 on the Plan of Lots of Carlisle Land & Improvement Company, as recorded in the Office of the Recorder of Deeds for Cumberland County in Misc. Book 11, Page 572. BEING improved with a dwelling house known as No. 840 North Pitt Street, Carlisle, PA 17013. BEING the same property which was conveyed to Marlyn E. Casey and Helen J. Casey, his wife, by Janice W. Casey, Executrix of the Estate of Donald A. Black, deceased, by deed dated September 6, 1988, and recorded in the Office aforesaid in Deed Book'O', Vol. 33, Page 12. Marlyn E. Casey died on January 13, 1992, thus vesting title in Helen J. Casey, Grantor herein, as surviving tenant by the entirely. PREMISES BEING: 840 NORTH PITT STREET; CARLISLE, PA 17013 File #: 122090 0 n 4.- rn am c ..' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5096 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 KIM LEE CASEY AND ELIZABETH ANN CASEY A/K/A ELIZABETH MARCHESE (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 $91,099.67 L.L. Interest FROM 11/29/05 TO 9/5/07 (PER DIEM - $14.98) - $9,622.10 AND COSTS Atty's Comm % Arty Paid $920.98 Plaintiff Paid Date: APRIL 3, 2007 (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 Due Prothy $2.00 Other Costs Curtis . Long, Pro ota By: Deputy Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Court of Common Pleas Plaintiff VS. Kim Lee Casey : Civil Division Cumberland County : No. 05-05096 Civil Term Elizabeth Ann Casey A/K/A Elizabeth Marchese Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on September 29, 2005, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A„ 2. Judgment was entered on December 1, 2005 in the amount of $91,099.67. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 840 North Pitt Street, Carlisle, PA 17013 (hereinafter the "Property") was postponed or stayed for the following reasons: a) The Defendants filed a Chapter 13 Bankruptcy at docket number 06-00189 on February 9, 2006. Plaintiff obtained relief from the bankruptcy by order of court dated February 15, 2007. A true and correct copy of the Relief Order is attached hereto, made part hereof, and marked as Exhibit "C". 5. The Property is listed for Sheriffs Sale on September 5, 2007. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 6. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $80,298.63 Interest Through 09/05/07 11,845.56 Per Diem $12.92 Late Charges 227.20 Legal fees 1,900.00 Cost of Suit and Title 1,521.00 Sheriffs Sale Costs 721.48 Property Inspections 0.00 Appraisal/Brokers Price Opinioin 0.00 Mortgage Ins. Premium/Private 0.00 Mortgage Insurance NSF (Non-Sufficient Funds charge) 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 9,997.69 TOTAL $106,511.56 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as is addressed in Plaintiffs attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on July 13, 2007 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "D". 11. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: Iq 161 Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Court of Common Pleas Plaintiff vs. Civil Division : Cumberland County Kim Lee Casey No. 05-05096 Civil Term Elizabeth Ann Casey A/K/A Elizabeth Marchese Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 840 North Pitt Street, Carlisle, PA 17013. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriff s Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp, v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v Cion oli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank. 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terrns of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well maybe divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. Vl. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings an Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. '-A 19 1 DATE: aM'ie , LLP By: Miche le Mre 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. KIM LEE CASEY ELIZABETH ANN CASEY A/K/A ELIZABETH MARCHESE 840 NORTH PITT STREET CARLISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM n _ C NO. OS - USUR(v l?lvc l,` [T' CUMBERLAND COUNTY C7 cr`'? O Defendants r- c -n ri?€-. rT1 Rl? CIVIL ACTION - LAW 0 COMPLAINT IN MORTGAGE FORECLOSURE rv j NOTICE r M You have been sued in court. If you wish to defend against the claims set forth iii the foK*Yinf r pages, you must take action within twenty (20) days after this complaint and notice are seri?k' bpi entering a written appearance personally or by attorney and filing in writing with the court your Re enses 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 ?! ptrD PH?IAt? fampy P'TrORW PI.EAgF R?T? ire*File #: 122080 r 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. KIM LEE CASEY ELIZABETH ANN CASEY A/K/A ELIZABETH MARCHESE 840 NORTH PITT STREET CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVEL 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 #: 122080 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 #: 122080 1 ? Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2. The name(s) and last known address(es) of the Defendant(s) are: KIM LEE CASEY ELIZABETH ANN CASEY A/K/A ELIZABETH MARCHESE 840 NORTH PITT STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 03/29/2004 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: 1923. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2005 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 #: 122080 6. The following amounts are due on the mortgage: Principal Balance $80,298.63 Interest 2,739.04 03/01/2005 through 09/28/2005 (Per Diem $12.92) Attorney's Fees 1,225.00 Cumulative Late Charges 124.96 03/29/2004 to 09/28/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 84,937.63 Escrow Credit 0.00 Deficit 5,330.80 Subtotal $ 5,330.80 TOTAL $ 90,268.43 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 90,268.43, together with interest from 09/28/2005 at the rate of $12.92 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 n wr? By: /s/Francis S. Hall u?an LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 122080 LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by 'E' Street; on the East by North Pitt Street; on the South by land now or formerly of Upton Glass and on the West by an alley; having a frontage of 50 feet on North Pitt Street and extending 179 feet in depth to the alley in the rear. BEING Lots Nos. 31 and 32 in Block No. 21 on the Plan of Lots of Carlisle Land & Improvement Company, as recorded in the Office of the Recorder of Deeds for Cumberland County in Misc. Book 11, Page 572. BEING improved with a dwelling house known as No. 840 North Pitt Street, Carlisle, PA 17013. BEING the same property which was conveyed to Marlyn E. Casey and Helen J. Casey, his wife, by Janice W. Casey, Executrix of the Estate of Donald A. Black, deceased, by deed dated September 6, 1988, and recorded in the Office aforesaid in Deed Book '0', Vol. 33, Page 12. Marlyn E. Casey died on January 13, 1992, thus vesting title in Helen J. Casey, Grantor herein, as surviving tenant by the entirely. PREMISES BEING: 840 NORTH PITT STREET File #: 122080 1 • VERIFICATION Christina Trowbridge hereby states that he/she is ASSISTANT SECRETARY of mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: V-Z&e5 b plat??? Christina Trowb ASSIST SECRETARY Exhibit "B" ' PHELAN HALLINAN & SCHMIEG, L.L.P. fly: DANIEL G. SCHMIEG " c? 0 Identification No. 62205 ..4 Attorney for Plaintiff ? ONE PENN CENTER AT SUBURBAN STATION _ J 1617 JOHN F. KENNEDY BLVD., SUITE 1400 t_? PHILADELPHIA, PA 19103-1814 (215) 563-7000 CD MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY 8201 GREENSBORO DRIVE, SUITE 350 COURT OF COMMON PLEAS MCLEAN, VA 22102 CIVIL DIVISION Plaintiff, V. NO. 05-05096 KIM LEE CASEY ATT A"?+'?? m ELIZABETH ANN CASEY A/K/A ELIZABETH a . ,; - MARCHESE t" AIrT ri Ife6dantt(ij . 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 HIM LEE CASEY and ELIZABETH ANN CASEY A/K/A ELIZABETH MARCHESE Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint # ?- Interest from 9/29/05 to 11/29/05 A?oR .04 TOTAL PLEASE R? , .67 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. EL G. IEG Attorney f DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PR OT Y Exhibit "C" ?, r • ? a IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: KIM L. CASEY Bk. No. 106-bk-00189 MDF Debtor MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Movant V. KIM L. CASEY A/K/A KIM LEE CASEY Respondent Chapter No. 13 11 U.S.C.§362 ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon Consideration of the Motion of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 U.S.C. 362 is modified with respect to premises, 840 NORTH PITT STREET, CARLISLE, PA 17013, 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. By the ComIq Ban*vp'-L Judge This document is electronically signed and f=led on the same date. Dated: February 15, 2007 •i 4 ? y • Exhibit "D" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey July 13, 2007 Kim Lee Casey Elizabeth Ann Casey A/K/A Elizabeth Marchese 135 East North Street Carlisle, PA 17013 RE: Mortgage Electronic Registration Systems, Inc. vs. Kim Lee Casey and Elizabeth Ann Casey A/K/A Elizabeth Marchese Premises Address: 840 North Pitt Street, Carlisle, PA 17013 Cumberland County CCP, No. 05-05096 Civil Term Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by Wednesday, July 18, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. yours, Michele M. idsquire For Phelan Hallinan & Schmieg, LLP Enclosure .1 a to oo a ?n % o G z Cn C/a Ci o. rr .-` N cu ?? N N O O O 0 d ? H K x a Ln (v ? cri A CD ^ C7 Y v ooc r•? b N ,r.+ N f?D ?• Cn tD O ? f?D d C??D .1'? ? ? ? o CZ w o ? CD cu Q S r ° o T 9 D• fo r • `?• VA 5• N N co Alk Cal 0 "' `0 CAD co y o r-00 N y, r p g -? w A ?g a Fin ? Pi ? ?G• A ? tQb w 3N ?= A o a. ?PPost n g i ? rv? Hcv aavvEs $ 01.05° 02 IM r o004218010 JUL 1 3- 2007 MAILED FROM ZIpcoDE 19103 Qk?/ acv °7°a ego 1=. to ? ; z? 8? .S A VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. DATE: 1.9 1 G Phelan Hallinan & Schmieg, LLP By: aMic4M.'BlaArd, Esquire Attorney for Plaintiff 1 19 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 15) 563-7000 Mortgage Electronic Registration Systems, Inc. Plaintiff vs. Kim Lee Casey Elizabeth Ann Casey A/K/A Elizabeth Marchese Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County : No. 05-05096 Civil Term CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. Kim Lee Casey Elizabeth Ann Casey A/KJA Elizabeth Marchese 840 North Pitt Street Carlisle, PA 17013 DATE: U '[ Kim Lee Casey Kim Lee Casey Elizabeth Ann Casey 46 East Street A/K/A Elizabeth Marchese Carlisle, PA 17013 135 East North Street Carlisle, PA 17013 P lan Hallinan& c ieg, LLP By: ich le M. ra ford, Esquire Attorney for Plaintiff c'? "' ?? ,7 c_ .? '-`.. "? -r? ? ---, ?. GJ N' ---? - W» ???> ?? (; ,? - ?^? PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire July 19, 2007 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. Kim Lee Casey and Elizabeth Ann Casey A/K/A Elizabeth Marchese Cumberland County CCP, No. 05-05096 Civil Term Dear Sir or Madam: Enclosed for filing please find Motion to Reassess Damages, Brief in Support thereof, and Certification of Service with regard to the above captioned matter. Kindly return a time-stamped copy of the enclosed in the self-addressed stamped envelope provided for your convenience. V ly yo 7hM. Brad rd, Esquire Am For Phelan Hallinan & Schmieg, LLP Enclosure cc: Kim Lee Casey Elizabeth Ann Casey A/K/A Elizabeth Marchese z JUL 842007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Mortgage Electronic Registration Systems, Inc. Plaintiff VS. Kim Lee Casey Elizabeth Ann Casey A/K/A Elizabeth Marchese Defendants RULE : Court of Common Pleas : Civil Division Cumberland County No. 05-05096 Civil Term AND NOW, this L L. ` day of ? 2007, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. 7-0 &A.61'r a4 U- Rule Returnable on n um ia. BY THE COURT ,?7C?.? AL J. Mic a M. Bradford, Esquire elan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford(a-),fedphe.com Kim Lee Casey Eli th Ann Casey A Elizabeth Marchese 840 North Pitt Street Carlisle, PA 17013 Kiye6e Casey East Street Carlisle, PA 17103 KA Lee Casey izabeth Ann Casey A/K/A Elizabeth Marchese East North Street Carlisle, PA 17013 ?} t ?`1 c? ,7G CiiF Lti?Z huv'l 30 AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DEFENDANT(S) KIM LEE CASEY ELIZABETH ANN CASEY A/K/A ELIZABETH MARCHESE SERVE ELIZABETH ANN CASEY CUMBERLAND COUNTY CQS No OS-0509 ? I woto ACCT. #1213627760 Type of Action - Notice of Sheriffs Sale A/K/A ELIZABETH MARCHESE AT Sale Date: SEPTEMBER 5, 2007 840 NORTH PITT STREET CARLISLE, PA 17013 SERVED ??11 Served and made known to ''((?? z l l ZA 6erkn ?VI r Ca se Y , Defendant, on the O` ! sf day of Apr ? , 2007, at p-DD , o'clock p .m., at -64o Noy 4U "Pat 54 . , l ari l SkP , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge 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: A?g/eHeight 11 ?? Weight (5 Race W Sex F Other 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. to and subscribed bIta s Gy 0 200 Rft"V"4 NBy: .6 MPT-S ,CX/AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On th, State of dew Jersey T?.dl 200_, at o'clock _.m., Defendant NOT FOUND because: Comml Mo ed pyres Ju`ie 16,2000 Unknown No Answer Vacant 1st Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200 Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 2nd Attempt: Time: . b 55- ra c? c m Ell c AM z ? -,qFq cn: c 7? r .t Two (?) ,?-f rR+wP7S 1 AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DEFENDANT(S) KIM LEE CASEY ELIZABETH ANN CASEY A/K/A ELIZABETH MARCHESE SERVE HIM LEE CASEY AT 135 EAST NORTH STREET CARLISLE, PA 17013 CUMBERLAND COUNTY CQS No. 5-0509 IDaom ACCT. #1213627750 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 5, 2007 nw SERVED Served and made known to kI M Lee ?.Id SQ.y Defendant, on the day of ?, 2001 at 1,'10 o'clock p.m., at (411 1'1 f1e t`d .? SAii ?e Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge 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: Descrji tion: Age 4(0 Height 5' I, Weight Race Sex ! V I Other I, 1 ?6 N" AA0 L*L a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. to and subsc? toe nds day 21)20 01-11 By' AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. State of New Jersey PATRICI E. HARRIS NOT SERVED ftq1k%_0A0 1 L , 2007, at &OV o'clock P.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant ? E,,7a6y¢,??'f,+, ?G ? AO???a..j1 cna ?a?er H2StdCT 4Kve r, , h;)-j h5 rw va4 -6 1st Attempt: Tune: 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200 _. Notary: By: 2°d Attempt: / / Time: 14,11 PI-We Rqn. CarkSW , h Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 O -V I'D -n rn -7? Fn ."" c.7 cts r=r C1 ? j -. SALE DATE: SEPTEMBER 5, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. No.: 05-05096 VS. KIM LEE CASEY ELIZABETH ANN CASEY A/K/A ELIZABETH MARCHESE 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: 840 NORTH PITT STREET, CARLISLE, PA 17013. 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. am'u i g. ki A"A 11 0 DANIEL G. SCHMI G, ESQUIRE,,`- Attorney for Plaintiff Ii Date: July 30, 2007 122090 a a$ oo O ? N V ? . & PHA tiz woa? °?E?aw ? , zaaz sa w?. °, 00 0 r? C/l V lgt FQ7a uu T 2 ?g 15 5. o v! 1t7 [??4 0-0 O `n c? ono E O .? a z a p'? _• cn r p ?4 00 O x W ;? a ul, U T a OU p cA W W A d ? ?.. W ? a W d x w U ?r Q, A y c% ` d O yC?y O c? O "? i1+ F+ 'd d U 7? ?, W EA C4 N Ii Q N Hfi y p t? o`?o d W wap ?W ??1 w a u?1 s, o? w E, ?n 6 x d A d a d C) pdp? 7? W ? ? a4 A PZ ono W b ?°g?q? z JAI ?ia da U curia Z 0 d O U ?d00°0.,w ??w cAia W °a p a ? N x u H V 00 '? d rfy ? A V2 *+ N M ??? a P n -TJ Sin r, A ,rv'' ? Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 MICHAEL R. KELLY, ; Plaintiff ANN H. KELLY, Defendant NO. 05-3643 CIVIL ACTION - LAW DIVORCE NOTICE If you do not wish to claim economic relief, you should not file this counter- affidavit. COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree between (Check (i), (ii), or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. X_(ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, layer's fees or expenses if I do not claim them before a divorce is granted. _X_(b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 4W In addition to checking (b) above, I filed an Amended Complaint in Divorce on April 10, 2007, which raises a Count for Equitable Distribution and serve a clocked in copy of the Amended Complaint on the Defendant's attorney on April 12, 2007. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: = - y C MICHAEL W KELLY :305375 r CERTIFICATE OF SERVICE AND NOW, this 6th day of August, 2007, the undersigned does hereby certify that she did this date serve a copy of the foregoing Amended Divorce Complaint upon the other party of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101-1058 JOHNSON, DUFFIE, STEWART & WEIDNER By: O"Ak-4tG!,l.?(, c c t.? ,-- Cassandra T. Rose aum :305375 n ? ry ° p . _ t47 MI ' ??:. C _ off( PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Court of Common Pleas Plaintiff VS. Kim Lee Casey Elizabeth Ann Casey A/K/A Elizabeth Marchese Defendants : Civil Division Cumberland County : No. 05-05096 Civil Term CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Rule dated July 26, 2007 was sent to the following individuals on the date indicated below. Kim Lee Casey Elizabeth Ann Casey 840 North Pitt Street Carlisle, PA 17013 Kim Lee Casey 46 East Street Carlisle, PA 17103 Kim Lee Casey Elizabeth Ann Casey 135 East North Street Carlisle, PA 17013 LLP DATE: 'a (2 10 By: rv c m ? m -? PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Court of Common Pleas Plaintiff : Civil Division vs. Kim Lee Casey Cumberland County Elizabeth Ann Casey No. 05-05096 Civil Term A/K/A Elizabeth Marchese Defendants MOTION TO MAKE RULE ABSOLUTE Mortgage Electronic Registration Systems, Inc., by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on July 23, 2006. 3. A Rule was entered by the Court on or about July 26, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on August 2, 2007, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of August 22, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP Aa ? Date ache a M. Bradfor , ta4uire Attorney for the Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Court of Common Pleas Plaintiff : Civil Division vs. Kim Lee Casey Carlisle, PA 17013 Defendant Cumberland County : No. 05-05096 Civil Term BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on July 23, 2007. A Rule was entered by the Court on or about July 26, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on August 2, 2007 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of August 22, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Date LLP riuviii-,y ivi UIV riaiiuiii Exhibit "A" 4"07 114 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Mortgage Electronic Registration Systems, Inc. Plaintiff vs. Kim Lee Casey Elizabeth Ann Casey A/K/A Elizabeth Marchese Defendants : Court of Common Pleas : Civil Division : Cumberland County : No. 05-05096 Civil Term )14 RULE AND NOW, this day o 2007, a Rule is entered upon the Defendants to show cause why an Order should not be tered granting Plaintiff's Motion to Reassess Damages. Rule Returnable BY THE OURT J. Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele bradfordfcmedphe com 20 do-As o-?IeRseRV'i ce Kim Lee Casey Elizabeth Ann Casey A/K/A Elizabeth Marchese 840 North Pitt Street Carlisle, PA 17013 Kim Lee Casey 46 East Street Carlisle, PA 17103 Kim Lee Casey Elizabeth Ann Casey A/K/A Elizabeth Marchese 135 East North Street Carlisle, PA 17013 122080 Exhibit "B" ATj ORgY f WE COPY PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Court of Common Pleas Plaintiff vs. Kim Lee Casey Elizabeth Ann Casey A/K/A Elizabeth Marchese Defendants : Civil Division : Cumberland County : No. 05-05096 Civil Term CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Rule dated July 26, 2007 was sent to the following individuals on the date indicated below. Kim Lee Casey Elizabeth Ann Casey 840 North Pitt Street Carlisle, PA 17013 Kim Lee Casey 46 East Street Carlisle, PA 17103 DATE: -F(Z(a--? ATMRW FILE ROPY KMRUU Kim Lee Casey Elizabeth Ann Casey 135 East North Street Carlisle, PA 17013 By: c> rn m , l_', ?? a yT 4g, LLP VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unswom falsific ion of authorities. a Date the a M. Bradf rd, quire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Plaintiff vs. Kim Lee Casey Elizabeth Ann Casey A/K/A Elizabeth Marchese Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 05-05096 Civil Term CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. Kim Lee Casey Elizabeth Ann Casey A/K/A Elizabeth Marchese 840 North Pitt Street Carlisle, PA 17013 (?Ia? q DATE: Kim Lee Casey Kim Lee Casey Elizabeth Ann Casey 46 East Street A/K/A Elizabeth Marchese Carlisle, PA 17013 135 East North Street Carlisle, PA 1relm 1 Michele M. Bradford, esquire Attorney for Plaintiff (? : ^J _ - _. ? _ ?.. ? ?"_I -?-? ?- (a ? ?. _. _.,... ... ' ?_.? -`, ,, -=1 ..- ?R7 __ .; --1 i `., •"? AUG $820D7A/ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Mortgage Electronic Registration Systems, Inc Plaintiff VS. Kim Lee Casey Elizabeth Ann Casey A/K/A Elizabeth Marchese Defendants ORDER : Court of Common Pleas : Civil Division : Cumberland County : No. 05-05096 Civil Term AND NOW, this '3! ` day of i4nHr' , 2007, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is odered to amend the writ nunc pro tunc as follows: Principal Balance $80,298.63 Interest Through 09/05/07 11,845.56 Per Diem $12.92 Late Charges 227.20 Legal fees 1,900.00 Cost of Suit and Title 1,521.00 Sheriffs Sale Costs 721.48 Property Inspections 0.00 Appraisal/Brokers Price Opinion 0.00 Mortgage Ins. Premium/Private Mortgage Ins. 0.00 NSF (Non-Sufficient Funds charge) 0.00 Suspense/Misc. Credits Escrow Deficit TOTAL Plus interest from 09/05/07 through the date of sale at six percent per annum. 0.00 9,997.69 $106,511.56 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT: AA J. 122080 -=? W e r'% = ii C-i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Home Loan Mtg Corp is the grantee the same having been sold to said grantee on the 5th day of Sept A.D., 2007, under and by virtue of a writ Execution issued on the 3rd day of April, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 05 Number 5096, at the suit of Mortgage Electronic Reg Systems Inc against Kim Lee Casey & elizabeth Ann Casey aka Elizabeth Marchese is duly recorded as Instrument Number 200736396. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. 9-6 0 7 Recorder of Deeds Ro=de of Deeds, CWmbWW4 CO", U NS. PA My Conri"w E)Oes the Fhst Monday d Jan. 2010 Mortgage Electronic Registration Systems, Inc. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Kim Lee Casey and Elizabeth Ann Casey Writ No. 2005-5096 Civil Term a/k/a/ Elizabeth Marchese Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on May 14, 2007 at 1815 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Kim Lee Casey and Elizabeth Ann Casey a/k/a Elizabeth Marchese, by making known unto Elizabeth Ann Casey a/k/a Elizabeth Marchese personally, and Adult In Charge at 840 N. Pitt Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Megan Marlow, Deputy Sheriff, who being duly sworn according to law, states that on July 10, 2007 at 1552 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Kim Lee Casey and Elizabeth Ann Casey a/k/a Elizabeth Marchese located at 840 North Pitt Street, Carlisle, 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 defendants, to wit: Kim Lee Casey and Elizabeth Ann Casey a/k/a Elizabeth Marchese, by regular mail to their last known address of 840 North Pitt Street, Carlisle, PA 17013. These letters were mailed under the date of July 2, 2007 and never returned to the Sheriff s 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 September 05, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Federal Home Loan Mortgage Corporation. It being the highest bid and best price received for the same, Federal Home Loan Mortgage Corporation of Foreclosure Unit, 8609 Westwood Center Drive, Mail Stop 61, Vienna, VA 22183, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $942.62. Sheriffs Costs: Docketing $30.00 Poundage 18.48 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Prothonotary 2.00 Mileage 9.60 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Patriot News 314.27 Share of Bills 15.77 Distribution of Proceeds 25.00 Sheriff s Deed 39.50 $ 942.62 So Answers: R. Thomas Kline, Sheriff BY? Ut? Real Estate ergeant V ?- jo p)D tlt 4 n a 19 r116?- i MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. . CIVIL DIVISION KIM LEE CASEY ELIZABETH ANN CASEY NO. 05-05096 A/K/A ELIZABETH MARCHESE 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 ,840 NORTH PITT STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name KIM LEE CASEY ELIZABETH ANN CASEY A/K/A ELIZABETH MARCHESE Last Known Address (if address cannot be reasonably ascertained, please indicate) 135 EAST NORTH STREET CARLISLE, PA 17013 840 NORTH PITT STREET CARLISLE, PA 17013 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5.-Name and address of every other person who has any record lien on the property: Name 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 may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR, STRAWBERRY SQUARE BUREAU OF INDIVIDUAL TAX DEPT. 280601 INHERITANCE TAX DIVISION HARRISBURG, PA 17128 ATTN: JOHN MURPHY 13TH FLOOR, SUITE 1300 INTERNAL REVENUE SERVICE 1001 LIBERTY AVENUE FEDERATED INVESTORS TOWER PITTSBURGH, PA 15222 DEPARTMENT OF PUBLIC WELFARE PO BOX 8486 TPL CASUALTY UNIT WILLOW OAK BUILDING ESTATE RECOVERY PROGRAM HARRISBURG, PA 17105-8486 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 840 NORTH PITT STREET CARLISLE, PA 17013 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 unswom falsification to authorities. March 28, 2007 014" P , A C"* DATE DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. KIM LEE CASEY ELIZABETH ANN CASEY A/K/A ELIZABETH MARCHESE Defendant(s). CUMBERLAND COUNTY No. 05-05096 March 28, 2007 TO: HIM LEE CASEY 135 EAST NORTH STREET CARLISLE, PA 17013 ELIZABETH ANN CASEY A/K/A ELIZABETH MARCHESE 840 NORTH PITT STREET CARLISLE, PA 17013 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 840 NORTH PITT STREET, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $91,099.67 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 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. You may also be able to stop the sale through other legal proceedings. I I if '.- You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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 (800) 990-9108 LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by'E' Street; on the East by North Pitt Street; on the South by land now or formerly of Upton Glass and on the West by an alley; having a frontage of 50 feet on North Pitt Street and extending 179 feet in depth to the alley in the rear. BEING Lots Nos. 31 and 32 in Block No. 21 on the Plan of Lots of Carlisle Land & Improvement Company, as recorded in the Office of the Recorder of Deeds for Cumberland County in Misc. Book 11, Page 572. BEING improved with a dwelling house known as No. 840 North Pitt Street, Carlisle, PA 17013. BEING the same property which was conveyed to Marlyn E. Casey and Helen J. Casey, his wife, by Janice W. Casey, Executrix of the Estate of Donald A. Black, deceased, by deed dated September 6, 1988, and recorded in the Office aforesaid in Deed Book'O', Vol. 33, Page 12. Marlyn E. Casey died on January 13, 1992, thus vesting title in Helen J. Casey, Grantor herein, as surviving tenant by the entirely. PREMISES BEING: 840 NORTH P= STREET; CARLISLE, PA 17013 File #: 122080 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5096 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 KIM LEE CASEY AND ELIZABETH ANN CASEY A/K/A ELIZABETH MARCHESE (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 $91,099.67 L.L. Interest FROM 11/29/05 TO 9/5/07 (PER DIEM - $14.98) - $9,622.10 AND COSTS Atty's Comm % Arty Paid $920.98 Plaintiff Paid Due Prothy $2.00 Other Costs Date: APRIL 3, 2007 (Seal) Curtis . Long, Protho By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 ?J T Real Estate Sale # 01 On April 13, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 840 North Pitt Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: April 13, 2007 By: Real Estate Sergeant t LU"?l 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with 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 18th and 25th day(s) of July and the 1st day(s) of August 2007. 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 #1 . . ........ Sworn to and subscribed berdEdWh ,al*_nf ilk t st_2t ? `' U liC .-u rry ,'Jty of My COrnT..!ssion Expire-, "D" NO ARY P BLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 O wig the lrwol?d' as by by ffi ce Pia 119 ed ?;?? Zia 2t q0 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: July 20, July 27, and August 3, 2007 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. a Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this day of August, 2007 Notary RAH A COLLINS LCARUSLE OTARIAL SEAL otary Public O, CUMBERLAND COUNTY on Expires Apr 28, 20 10 REAL ESTATE SALE NO. 1 Writ No. 2005-5096 Civil Mortgage Electronic Registration Systems, Inc. vs. Kim Lee Casey and Elizabeth Ann Casey a/k/a Elizabeth Marchese Atty.: Daniel Schmieg DESCRIPTION ALL that certain tract of land with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by 'E' Street; on the East by North Pitt Street; on the South by land now or formerly of Upton Glass and on the West by an alley; having a frontage of 50 feet on North Pitt Street and extending 179 feet in depth to the alley in the rear. BEING Lots Nos. 31 and 32 in Block No. 21 on the Plan of Lots of Carlisle Land & Improvement Com- pany, as recorded in the Office of the Recorder of Deeds for Cumberland County in Misc. Book 11, Page 572. BEING improved with a dwelling house known as No. 840 North Pitt Street, Carlisle, PA 17013. BEING the same property which was conveyed to Marlyn E. Casey and Helen J. Casey, his wife, by Janice W. Casey, Executrix of the Estate of Donald A. Black, deceased, by deed dated September 6, 1988, and re- corded in the Office aforesaid in Deed Book 'O', Vol. 33, Page 12. Marlyn E. Casey died on January 13, 1992, thus vesting title in Helen J. Casey, Grantor herein, as surviving tenant by the entirely. PREMISES BEING: 840 NORTH PITT STREET, CARLISLE, PA 17013.