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HomeMy WebLinkAbout05-5440PHELAN 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. AMY L. THOMPSON BRYCE W. THOMPSON 6 CLOVER LANE MECHANICSBURG, PA 17050 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. o S- T'N6 C U L ?? h 1 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 ajudgment 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 #: 123713 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 #: 123713 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: AMY L. THOMPSON BRYCE W. THOMPSON 6 CLOVER LANE MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 03/08/2005 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 No. Book: 1899, Page: 4015. 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 06/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 123713 6. The following amounts are due on the mortgage: Principal Balance $138,149.10 Interest 4,189.92 05/01/2005 through 10115/2005 (Per Diem $24.94) Attorney's Fees 1,250.00 Cumulative Late Charges 174.96 03/08/2005 to 10/15/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 144,313.98 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 144,313.98 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 $ 144,313.98, together with interest from 10/15/2005 at the rate of $24.94 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: /s/Francis S. Hallina It LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 123713 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unworn falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: I O 1L-{ O LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Silver Spring in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEING Lot No. 32, Section C of Shady Acres Plan, which Plan is recorded in the Office of the Recorder of Deeds of Cumberland County, in Plan Book 19, Page 58, having a frontage along Clover Lane of 149.78 feet, a depth along the West along Lot No. 33 of Section C of 160.09 feet, a width along the South along Lot No. 9 of Section A of 40.09 feet and a depth along the East of 202.86 feet. BEING improved with a dwelling house known as 6 Clover Lane, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES which Balwinder Singh, a married man by deed dated January 25, 1999 and recorded February 3, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 193, Page 910 granted and conveyed unto Balwinder Singh and Kulwant Kaur, Husband and Wife, Grantors herein. PREMISES BEING: 6 CLOVER LANE File #: 123713 I? I/l r : ,° l S? ? y f Ih l C1 -i I T, 4J V03 SHERIFF'S RETURN - REGULAR CASE NO: 2005-05440 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS THOMPSON AMY L ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon THOMPSON AMY L the DEFENDANT , at 2057:00 HOURS, on the 3rd day of November , 2005 at 6 CLOVER LANE MECHANICSBURG, PA 17050 AMY THOMPSON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 10.56 Affidavit .00 Surcharge 10.00 .00 38.56 by handing to So Answers: z s% R. Thomas K1 11/04/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before me this day of r P othon y By: Deputy Sheriff t?l SHERIFF'S RETURN - REGULAR CASE NO: 2005-05440 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS THOMPSON AMY L ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon THOMPSON BRYCE W DEFENDANT the , at 2057:00 HOURS, on the 3rd day of November , 2005 at 6 CLOVER LANE MECHANICSBURG, PA 17050 by handing to AMY THOMPSON WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /65 day of /? ... I.. Jrn A. D. fPiothonotary -? So Answers s, R. 11/04/2005 PHELAN HALLINAN SCHMIEG By : Deputy Sheriff t PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. AMY L. THOMPSON BRYCE W. THOMPSON Defendant(s). No. 05-5440 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 12/22/05 to JUNE 07, 2006 (per diem -$24.00) TOTAL $146,009.90 $4,032.00 and Costs $150,041.90 ,>,P-JA- 2" - DANIEL G. SCHMIEG, ESQ?AE One Penn Center at Suburban on 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. ? w Oz Wy, U? Z o. Z . vi O? OW H p u w 00 ?o A zz ?v On Ox x E" H3 aw v C O W N O i 00 U a o I a Ul o= is. o ? 0 c a P. W _ z o p0 ?c I N b d -a 0 ? b P ro 3 v r C ? ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying; and being in the Township of Silver Spring in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEING Lot No. 32, Section C of Shady Acres Plan, which Plan is recorded in the Office of the Recorder of Deeds of Cumberland County, in Plan Book 19, Page 58, having a frontage along Clover Lane of 149.78 feet, a depth along the West along Lot No. 33 of Section C of 160.09 feet, a width along the South along Lot No. 9 of Section A of 40.09 feet and a depth along the East of 202.86 feet. BEING improved with a dwelling house known as 6 Clover Lane, Mechanicsburg, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Bryce W. Thompson and Amy L. Thompson, husband and wife, by Deed from Balwinder Singh and Kulwant Kaur, husband and wife, dated 03/03/05 and recorded 03/11/05 in Deed Book 267, Page 4454. Tax Parcel #38-21-0291-012 1Y121'1' OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUN'1Y OF CUMBERLAND) NO 05-5440 Civil CIVIL ACTION - LAW TO TIIE SHERIFF OF CUMBERLAND COUNTY: 'fo satisfy the debt, interest and costs due MO1Z'I'GAGE ELECTRCINIC REGISTRATION SYS'hEMS, INC., Plaintiff (s) From AMYL. THOMPSON AND BRYCE W. THOM PSON (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) Y? a are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNIS! If as follows: and to notify the garnishee(s) that: (a) an attachment has hero issued; (b) the garnishee(s) is enjoined from paying any t!cbt to or for the account of the defendant (,) a nd from delivering any property of the defendant (s) or kohen? isc disposing thereof; (3) 11 i op,,m, of the defendant(s) not levied upon an subject to attachment is found in the possession of any( to other than a named _arnishcc, you are directed to notify him/hcr that he/she has been added as a garnish.e mdis enjoined as a1, stated. Amount Due S146.009.90 L.L. 5.50 Interest FROM 12/22/05 TO 6/7/06 (PER DIEM - $24.00) - $4,032.00 AND COSTS Any's Comm % Ath Paid 5136.56 Plaiui i ff Pa,.l Datc: J %Nt ARY 3, 2006 (Sea!) Due Prouty $1.00 Uth,r (psis Pr,rihonu r? Ili: Deputy RFQUfS"fISG PARTY: Namc11', ?:FLG.SCILMIFG,ESQUIRE Addre C' F PENN CENT FIZ AT SUBRUBAN STATION I617 JOIN F. KENNEDY BOULEVARD. SUI FE 1400 PI IILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: -15-563-7000 Sup,.cm. ( , : I !D 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. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. AMY L. THOMPSON BRYCE W. THOMPSON CIVIL DIVISION NO. 05-5440 CIVIL TERM Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.;i. Section 4904 relating to unsworn falsification to authorities. JA .1 DANIEL G. SCHMIEG, EIRE Attorney for Plaintiff ?? `' ?'i c-.? r - - ? f'i c. • -t ? v TI YI t7 ? ?" '" _rl':1 "<" . u i MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. AMY L. THOMPSON BRYCE W. THOMPSON Defendant(s). 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 rear, property located at ,6 CLOVER LANE, MECHANICSBURG, PA 17050. AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) 1. Name and address of Owner(s) or reputed Owner(s): Name AMY L. THOMPSON BRYCE W. THOMPSON CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. (15-5440 CIVIL TERM Last Known Address (if address cannot be reasonably ascertained, please indicate) 6 CLOVER LANE MECHANICSBURG, PA 17050 6 CLOVER LANE MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AMERICA'S WHOLESALE LENDER 4500 PARK GRANADA CALABASAS,, CA 91302 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 6 CLOVER LANE MECHANICSBURG, PA 17050 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. December 21. 2005 DATE DANIEL G. SCHrdIEG, ES E Attorney for Plaintiff ? t, ?? ? :, < t = - . .?, . ? ? ?? ??- ?l t - ` ,;;, ;; : .. ,. "- I r MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. AMY L. THOMPSON BRYCE W. THOMPSON Defendant(s). December 21, 2005 TO: AMY L. THOMPSON 6 CLOVER LANE MECHANICSBURG, PA 17050 CUMBERLAND COUNTY No. 05-5440 CIVIL TERM BRYCE W. THOMPSON 6 CLOVER LANE MECHANICSBURG, PA 17050 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED 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 ALIEN AGAINST PROPERTY. Your house (real estate) at, 6 CLOVER LANE, MECHANICSBURG, PA 17050, is scheduled to be sold at the Sheriffs Sale on JUNE 07, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $146,009.90 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) { YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY" AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 r I ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Silver Spring in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEING Lot No. 32, Section C of Shady Acres Plan, which Plan is recorded in the Office of the Recorder of Deeds of Cumberland County, in Plan Book 19, Page 58, having a frontage along Clover Lane of 149.78 feet, a depth along the West along Lot No. 33 of Section C of 160.09 feet, a width along the South along Lot No. 9 of Section A of 40.09 feet and a depth along the East of 202.86 feet. BEING improved with a dwelling house known as 6 Clover Lane, Mechanicsburg, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Bryce W. Thompson and Amy L. Thompson, husband and wife, by Deed from Balwinder Singh and Kulwant Kaur, husband and wife, dated 03/03/05 and recorded 03/11/05 in Deed Book 267, Page 4454. Tax Parcel #38-21-0291-012 c? n F iI i PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 1215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-5440 CIVIL TERM AMY L. THOMPSON BRYCE W. THOMPSON 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 AMY L. THOMPSON and BRYCE W. THOMPSON, 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 10/16/05 to 12/22/05 TOTAL $144,313.98 $ 1,695.92 $146,009.90 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. DANIEL G. SCHMIEG, E IRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE:?? ?' aQC?? PRO PROTHY PHELAN HALLMAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinam, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 MORTGAGE ELECTRONIC SYSTEMS, INC. Plaintiff REGISTRATION Vs. AMY L. THOMPSON BRYCE W. THOMPSON Defendants TO: BRYCE W.THOMPSON 6 CLOVER LANE MECHANICSBURG, PA 17050 DATE OF NOTICE: NOVEMBER 2R_ 2005 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 05-5440 CIVIL TERM 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 (915) 563-7000 MORTGAGE ELECTRONIC REGISTRATION :COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff CIVIL DIVISION Vs. : CUMBERLAND COUNTY AMY L. THOMPSON :NO. 05-5440 CIVIL TERM BRYCE W.THOMPSON Defendants TO: AMY L. THOMPSON 6 CLOVER LANE MECHANICSBURG, PA 17050 DATE OF NOTICE: NOVEMBER 28. 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. AMY L. THOMPSON BRYCE W. THOMPSON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-5440 CIVIL TERM 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 AMY L. THOMPSON is over 18 years of age and resides at, CLOVER LANE, MECHANICSBURG, PA 17050. (c) that defendant BRYCE W. THOMPSON is over 18 years of age, and resides at, 6 CLOVER LANE, MECHANICSBURG, PA 17050. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. U DANIEL G. SCHMIEG, E Attorney for Plaintiff ?JRE d -t4 c? c , :J ?a C-) tV -a 4a N 0 a 7- -n .w (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 V. Plaintiff, AMY L. THOMPSON BRYCE W. THOMPSON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-5440 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on 2005. By: If you have any questions concerning this matter, please contact: 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DANIEL G. SCHMIEG, ESQ?I?E Attorney for Plaintiff v ONE PENN CENTER AT SUBURBAN STATION "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" PLAINTIFF DEFENDANT(S) AFFIDAVIT OF SERVICE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AMY L. THOMPSON BRYCE W. THOMPSON SERVE BRYCE W. THOMPSON AT CUMBERLAND COUNTY No. 05-5440 CIVIL TERM ACCT. #96985997 Type of Action - Notice of Sheriff's Sale 6 CLOVER LANE Sale Date: JUNE 07, 2006 MECHANICSBURG, PA 17050 SERVED Served and made known to C C hO ,? /1 Defendant, on the It, -'j' _ day of ,20y v,at ?^•c/b. ,o'clock P.m.,at lr Cla"r /n, h'1<c?ar„cSburq ?A 065-0 , 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 Defendan(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,;4-1.:yi Height P!,L Weight //ore Race W Sex W Other I, L-l l ; S , 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. 0 o and sued bef e me da 200r ` n E rc2'?'EMPT SERVICE AT L AST 3 TIMES. INDICATE DATES & TIMES OF SERVICE a ^ ri new ersoy ATTEMPTED. June 16, 2008 NOT SERVED On the day of , 200_, at o'clock _.m., Defendant NOT POUND because: Moved Unknown No Answer Vacant Ira Attempt: Time: 2"d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this _ day of 200 -. Notary: Attorney for Plaintiff Daniel G. Scbmieg, Esquire I.D. No. 62205 By: 11166 -" 49(, i'-, r?.> t , C? C? r?• "' A', r loo•ro AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF MORTGAGE ELECTRONIC No. 05-5440 CIVIL TERM I? REGISTRATION SYSTEMS, INC. "Io ACCT. #96985997 4 DEFENDANT(S) AMY L. THOMPSON BRYCE W. THOMPSON Type of Action - Notice of Sheriff's Sale SERVE AMY L. THOMPSON AT 6 CLOVER LANE Sale Date: JUNE 07, 2006 MECHANICSBURG, PA 17050 SERVED Served and made known to A m i?F? Sa't Defendant, on the / n 1 h --day of d y 2004 at :vo , o'clock P.m., at of Pennsylvania, in the manner described below: Commonwealth Defendant personally served. I _ V Adult family member with whom Defendant(s) reside(s). Name and Relationship is yil Sdn ?uS?...,d J 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: Age1ti-ge Heightr'? Weight /&n Race_ j Sex y _ Other I, _ ,J, s',- G_ I (, S , 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. 5....._.._...to nd sub d bef re me t dayy 200 SE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. StG•t y NOT SERVED P,' i .;. G? E..9Ai)IS ?, OG(lMnission EXpimq &ne 16, 2008 , 200___, at o'clock .m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Ist Attempt: / Time: 2"d 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 J ,? 'T .... C r,' :7 .. 1. ? 4 SALE DATE: JUNE 07, 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. No.: 05-5440 CIVIL TERM VS. AMY L. THOMPSON BRYCE W. THOMPSON 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: 6 CLOVER LANE, MECHANICSBURG, PA 17050. 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. DANIEL SCHMIEG, ESQUIRIff Attorney for Plaintiff June 2, 2006 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. AMY L. THOMPSON BRYCE W. THOMPSON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-5440 CIVIL TERM 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 ,6 CLOVER LANE, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name AMY L. THOMPSON BRYCE W. THOMPSON Last Known Address (if address cannot be reasonably ascertained, please indicate) 6 CLOVER LANE MECHANICSBURG, PA 17050 6 CLOVER LANE MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AMERICA'S WHOLESALE LENDER 4500 PARK GRANADA CALABASAS, CA 91302 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 6 CLOVER LANE MECHANICSBURG, PA 17050 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. December 21, 2005 A . 1, A DATE DANIEL G. SCHMIEG, ES Attorney for Plaintiff DATE: DECEMBER 20, 2005 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. AMY L. THOMPSON BRYCE W. THOMPSON TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): AMY L. THOMPSON BRYCE W. THOMPSON PROPERTY: 6 CLOVER LANE MECHANICSBURG, PA 17050 Improvements: Residential dwelling Judgment Amount: $146,009.90 CUMBERLAND COUNTY NO. 05-5440 CIVIL TERM The above-captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on JUNE 07, 2006, at the Cumberland County Courthouse, South Hanover Street, Carlisle, PA at 10:00 a.m.. Our records indicate that you may hold a mortgage, judgment, or other interest on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. If you have any questions regarding the type of lien or the effect of the Sheriff's Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY, as we are not permitted to give you legal advice. The Sheriff will file a schedule of Distribution on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. bo n w - z n A w N ? ?o 00 --1 ON V'l A W N -' r N r? to a ? Z C c ?D ^? ^" ? 7d ? z O O n 3 x w 0 r tri 'C tri r o a a N0 a col) r cn ? z E ? ° z z a, o r O r ? r ? ° y ° ? > r A y tTj A ? r 9 ? r C ? N ?zJ V W ? n C7 y n R ? rb o 0 , CC C17 ss?•? ? a ? b ? ° o wpm a p r a a x o' a. ??°oo ? ? ° o 0 o^ago ?- CA a O .. b Q o , n ° o m rz Swo W N N n ? p , ? a 0 O N ? LA C17 V" 3 I ? m? ?n w bao $• m ? o ? ,e [tee A O Z2 7 q O? N 1? PFFNEY BOWES 02 1A $ 01.80° . 0004309825 JAN 03 2006 MAILED FROM ZIPCODE 19103 a r?p? r ft <D Q. y p =e a. - 2 110 zfD 0 ? 'T, air cr ?o9f? cr C4 b Cn x? A b r i ?_? r;y `r7 _ .-r, ? -? ,. (a` _ _ ? ?_Tl '? ': +....? . 1 f. J _ _YL ? 1 _. ? ...:... _. ?..) .. :..j ? i'1 -? _ -d ? C? ?? ..__ "? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Mortgage Electronic Registration System No. 05-5440-CIVIL Plaintiff V., CIVIL ACTION Amy L. Thompson : Bryce W. Thompson : Defendants. NOTICE OF STAY AND SUGGESTION OF BANKRUPTCY To the Prothonotary: 1. On or about June 5, 2006, Defendants Amy and Bryce Thompson filed a voluntary Chapter 13 proceeding in the United States Bankruptcy Court, Middle District of Pennsylvania, docketed at 1-06-01100. 2. As a result, this matter is STAYED by operation of Section 362 of the Bankruptcy Code. Respectfully submitted, .'? - z z/z? Sarah McCarroll Attorney I.D. No. 91102 Law Office of John P. Neblett 2000 Linglestown Road, Suite 204 Harrisburg, PA 17110 717.671.8454 Counsel for Defendants c CERTIFICATE OF SERVICE I hereby certify on that on this 6th day of June, 20061 caused to be served a true and correct copy of the foregoing pleading via United States Mail, first class, postage prepaid, addressed as follows: Phelan, Hallinan & Schmieg, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Blvd, Ste. 1400 Philadelphia PA 19103-2342 Sarah McCarroll Law Office of John P. Neblett 2040 Linglestown Road, Suite 203 Harrisburg, PA 17110 717.671.8454 c_ -n (. FT' ,;i7 w Mortgage Electronic Registration Systems, Inc VS Amy L. Thompson and Bryce W. Thompson In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-5440 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriff s Costs: Docketing 30.00 Surcharge 30.00 Auctioneer 10.00 Prothonotary 1.00 Law Library .50 Poundage 14.09 Advertising 15.00 Levy 15.00 Posting Handbills 15.00 Postpone Sale 20.00 Certified Mail 4.64 Mileage 19.60 Share of Bills 19.57 Patriot News 267.20 Law Journal 257.00 ? $ 718.60 So Answers: R. Thomas Kline, Sheriff BY Real Estate Sergeant 1 sroue. ss y??f MIORTGAGE ELECTRONIC i REGISTRATION SYSTEMS, INC. Plaintiff, V. AMY L. THOMPSON BRYCE W. THOMPSON j Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-5440 CIVIL TERM 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 ,6 CLOVER LANE, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AMY L. THOMPSON BRYCE W. THOMPSON 6 CLOVER LANE MECHANICSBURG, PA 17050 6 CLOVER LANE MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded hofder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AMERICA'S WHOLESALE LENDER 4500 PARK GRANADA CALABASAS, CA 91302 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 6 CLOVER LANE MECHANICSBURG, PA 17050 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 21, 2005 DATE DANIEL G. SCHMIEG, ES Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. AMY L. THOMPSON BRYCE W. THOMPSON Defendant(s). CUMBERLAND COUNTY No. 05-5440 CIVIL TERM December 21, 2005 TO: AMY L. THOMPSON 6 CLOVER LANE MECHANICSBURG, PA 17050 BRYCE W. THOMPSON 6 CLOVER LANE MECHANICSBURG, PA 17050 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PRE VIOUSL YRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA 7TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 6 CLOVER LANE, MECHANICSBURG, PA 17050, is scheduled to be sold at the Sheriffs Sale on JUNE 07, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $146,009.90 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. 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 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Silver Spring in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEING Lot No. 32, Section C of Shady Acres Plan, which Plan is recorded in the Office of the Recorder of Deeds of Cumberland County, in Plan Book 19, Page 58, having a frontage along Clover Lane of 149.78 feet, a depth along the West along Lot No. 33 of Section C of 160.09 feet, a width along the South along Lot No. 9 of Section A of 40.09 feet and a depth along the East of 202.86 feet. BEING improved with a dwelling house known as 6 Clover Lane, Mechanicsburg, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Bryce W. Thompson and Amy L. Thompson, husband and wife, by Deed from Balwinder Singh and Kulwant Kaur, husband and wife, dated 03/03/05 and recorded 03/11/05 in Deed Book 267, Page 4454. Tax Parcel #38-21-0291-012 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 05-5440 Civil COUNTY OF CUMBERLAND) 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 AI<IY L. THOMPSON AND BRYCE W. THOMPSON (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You arc 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 be, n 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 ottier?v ise disposing thereof, (3) I f property of the defendant(s) not levied upon an subject to attachment is found in the possession of anvone other than a named garnishee, you are directed to notify him/her that he/she has been added as a gamislee and is enjoined as above stated. Amount Due $146,009.90 L.L. $.50 Interest FROM 12/22/05 TO 6/7/06 (PER DIEINI - 524.00) - $4,032.00 AND COSTS Atty's Comm % Due Prothy $1.00 Atty I':iid 5136.56 Other Costs Plaint i!'f Paid Date:.) AN L'ARY 3, 2006 Prothonotary (Seal) By: Deputy REQU' STING PARTY: Name i)AN i EL G. SCHMIEG, ESQUIRE Addres<: Oi\E PENN CENTER AT SUBRUBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Teleplranc: 215-563-7000 Sup!cw ('wirt ID No. 62205 Real Estate Sale # 24 On February 13, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA Known and numbered as 6 Clover Lane, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 13, 2006 By: J 6. Real Estate Sergeant i I =Z d b- NVf 9001 Vd'hiNft0J GNV'-'IdJ8WA0 JAI83HS 3HI A 331330 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of April and the 3rd day(s) of May 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S A L E #24 hse. v8 Anry L Thoe*w" ON arptW. 7hompew Afton vy DESCOFTION aw dr POW of W_ alt t ? Vhf atrt `irt ilt; att JIM erlif/rfer Lot No. 32, Sectin C of Shady Add 19 which Pbm is acatded k the office of qV Rader of Dee& of cowa sad cmay, is gye Book 19, Page 58, laving a tape along Ciova We of 149.78 fed, a depth 1*4 the wed dg La No. 33 of Section C of 16DDO &et,a width 43&mg *0 fat ao"d a ak% tot No. 9 of Seedm A of fat. , dedt p *g the East of 20286 BEING improved with a dwaft bases b,,, u 6G7oser Lfte;XhchWicft,pa=,yIva0i2 THE TO9AID PRHM4 is mied in Bryce W. 7b01610Oe aad Amy L. TbmW,, bbd and wife; by Deed tiom Ildwilil Smgl, and Rttlvrar Rata, WNW and wile, diced 03A3dp5 and ma ied ONIM in Deed Book 267, Page 4454. TAXRVM*3-21-0291-012 . . Sworn to ands Pscb d bef me this r-l-Wh- _564 P NOM Terry L. Russell, Notary Public City of Harrisburg, Dauphin County My C mission Expires June 6, 2006 Mem r Pennsy a a Assoclalion ofNotatie N ARY PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 7, 14, 21, 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. Coyne, WOR"O AND SUBSCRIBED before me this 21 day of April, 2006 t_??f' Jnr R,I'J to R0.•:jiC )REAL ZWAT6 BAL& NO. 24 Writ No. 2005-5440 Civil Mortgage Electronic Registration Systems, Inc. VS. Amy L. Thompson and Bryce W. Thompson Atty.: Daniel Schmieg ALL THAT CERTAIN tract or Par- cel of land and premises, situate, lying and being in the Township of Silver Spring in the County of Cumberland and Commonwealth of Pennsylvania, more particularly de- scribed as follows: BEING Lot No. 32, Section C of Shady Acres Plan, which Plan is recorded in the Office of the Re- corder of Deeds of Cumberland County, in Plan Book 19, Page 58, having a frontage along Clover Lane of 149.78 feet, a depth along the West along Lot No. 33 of Section C of 160.09 feet, a width along the South along Lot No. 9 of Section A of 40.09 feet and a depth along the East of 202.86 feet. BEING improved with a dwelling house known as 6 Clover Lane, Mechanicsburg, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Bryce W. Thompson and Amy L. Thompson, husband and wife, by Deed from Balwinder Singh and Kulwant Kaur, husband and wife, dated 03/03/05 and re- corded 03/ 11 /05 in Deed Book 267, Page 4454. Tax Parcel #38-21-0291-012. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. AMY L. THOMPSON BRYCE W. THOMPSON Defendant(s). No. 05-5440 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due 140 Interest from to JUNE 13, 2007 (per diem -$24.00) $146,009.90 $12,912.00 and Costs TOTAL $158,921.90 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. 04 w? a? zz 0a 0H Uz 00 ?z O? xw F? U &AJ LL- '•~ N U O? aW wy, z ?o L7 pFii F 14 a rA D G0 F? aw ?U a 0 U ? w? y O; F ? c w 0t w? W a M .+ 4 Ri* r ? ? I ? I o n I. V r ojf w 0 0 00 00 as as as as z~ x? z? as as 00 UU d a ry) v h A ? 4 d J WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5440 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 AMY L. THOMPSON AND BRYCE W. THOMPSON (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 $146,009.90 L.L. Interest FROM 9/5/03 TO 6/13/07 (PER DIEM - $24.00) - $12,912.00 AND COSTS Atty's Comm % Atty Paid $867.66 Plaintiff Paid Date: FEBRUARY 13, 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 Due Prothy $1.00 Other Costs C is R. Long, of By: Deputy Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Bryce Thompson Amy Thompson Debtor(s) Chapter 13 Case No.: 1:06-bk-01100 ORDER DISMISSING CASE Upon consideration of the Motion to Dismiss Case for material default and it having been determined after notice and hearing, set for December 20,2006, And No appearance for debtor that the case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. By the Cowl, d /Itb+z r11dV (H This document is electronically signed and filed on the same date. Date: December 26, 2006 MDPA-0ISMISS3MPT REV 6/05 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. AMY L. THOMPSON BRYCE W. THOMPSON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-5440 CIVIL TERM 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. 'ZodAJH, A4 * DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff 2 m -1 A r4i rr1 q= -e w Q Cil + MORTGAGE ELECTRONIC CUMBERLAND COUNTY REGISTRATION SYSTEMS, INC. Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION AMY L. THOMPSON BRYCE W. THOMPSON NO. 05-5440 CIVIL TERM 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 ,6 CLOVER LANE, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name AMY L. THOMPSON BRYCE W. THOMPSON Last Known Address (if address cannot be reasonably ascertained, please indicate) 6 CLOVER LANE MECHANICSBURG, PA 17050 6 CLOVER LANE MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AMERICA'S WHOLESALE LENDER 4500 PARK GRANADA CALABASAS, CA 91302 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 erson who has any record interest in the property and whose . Name and address of every other p 6 interest may be affected by the sale. Last Known Address (if address cannot be Name reasonably ascertained, please indicate) None . Name and address of every other person of whom the plaintiff has knowledge who has any interest in 7 the property which may be affected by the sale: Last Known Address (if address cannot be Name reasonably ascertained, please indicate) Tenant/Occupant 6 CLOVER LANE MECHANICSBURG, PA 17050 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 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 es.re made subject to the knowledge or information and belief. I understand that false sta emo is herein penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification February 8 2007 DANIEL G. SCHMIEG, ESQUI DATE Attorney for Plaintiff '0 4= z? ° r" -r. -?- =? cn MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. AMY L. THOMPSON BRYCE W. THOMPSON Defendant(s). CUMBERLAND COUNTY No. 05-5440 CIVIL TERM February 8, 2007 TO: AMY L. THOMPSON 6 CLOVER LANE MECHANICSBURG, PA 17050 BRYCE W. THOMPSON 6 CLOVER LANE MECHANICSBURG, PA 17050 "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 ALIEN AGAINST PROPERTY. Your house (real estate) at 6 CLOVER LANE, MECHANICSBURG, PA 17050, is scheduled to be sold at the Sheriffs Sale on NNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $146,009.90 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 Sheriff s 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.) 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 . .. ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Silver Spring in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEING Lot No. 32, Section C of Shady Acres Plan, which Plan is recorded in the Office of the Recorder of Deeds of Cumberland County, in Plan Book 19, Page 58, having a frontage along Clover Lane of 149.78 feet, a depth along the West along Lot No. 33 of Section C of 160.09 feet, a width along the South along Lot No. 9 of Section A of 40.09 feet and a depth along the East of 202.86 feet. BEING improved with a dwelling house known as 6 Clover Lane, Mechanicsburg, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Bryce W. Thompson and Amy L. Thompson, husband and wife, by Deed from Balwinder Singh and Kulwant Kaur, husband and wife, dated 03/03/05 and recorded 03/11/05 in Deed Book 267, Page 4454. Tax Parcel #38-21-0291-012 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire 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. Plaintiff vs. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County Amy L. Thompson No. 05-5440 CIVIL TERM Bryce W. Thompson 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: 1. Plaintiff commenced this foreclosure action by filing a Complaint on October 18, 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 27, 2005 in the amount of $146,009.90. 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 Sheriff s Sale of the mortgaged property at 6 Clover Lane, Mechanicsburg, PA 17050 (hereinafter the "Property") was postponed or stayed for the following reasons: a) The Defendants filed a Chapter 13 Bankruptcy at docket number 06-01100 on June 5, 2006. The Bankruptcy was dismissed by order of court dated December 26, 2006. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit: "C". 5. The Property is listed for Sheriffs Sale on June 13, 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 $138,149.10 Interest Through 6/13/07 19,002.97 Per Diem $24.60 Late Charges 174.96 Legal fees 2,575.00 Cost of Suit and Title 1,352.00 Sheriff s Sale Costs 673.16 Property Inspections 241.00 Appraisal/Brokers Price Opinioin 0.00 Mortgage Insurance Premium/Private 0.00 Mortgage Insurance NSF (Non-Sufficient Funds charge) 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 4,045.03 TOTAL $166,213.22 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. Plaintiffs 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 April 18, 2007 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and. correct copy of Plaintiffs 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: CJ Phelan Hallman 'Schmieg, LLP By: /oil Mich M. Bradford, Esquire 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 : Civil Division vs. : Cumberland County Amy L. Thompson No. 05-5440 CIVIL TERM Bryce W. Thompson Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES L 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 6 Clover Lane, Mechanicsburg, PA 17050. 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 Sheriffs 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.Supcr.. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 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 terms 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 Compaq 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 Sheriff's 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 Sheriffs 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 may be 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. VI. 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 and 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 Realt , 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. DATE: 4 110 V RMich 1 'na & Sc By: Attorney for Plaintiff -rI hmieg, LLP e M. Brad ord Es quire 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. AMY L. THOMPSON BRYCE W. THOMPSON 6 CLOVER LANE MECHANICSBURG, PA 17050 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 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 File #: 123713 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 #: 123713 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCL,EAN, VA 22102 2. The name(s) and last known address(es) of the Defendant(s) are: AMY L. THOMPSON BRYCE W. THOMPSON 6 CLOVER LANE MECHANICSBURG, PA 17050 who i.s/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 03/08/2005 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 No. Book: 1899, Page: 4015. 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 06/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 123713 6. The following amounts are due on the mortgage: Principal Balance $138,149.10 Interest 4,189.92 05/01/2005 through 10/15/2005 (Per Diem $24.94) Attorney's Fees 1,250.00 Cumulative Late Charges 174.96 03/08/2005 to 10/15/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 144,313.98 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 144,313.98 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, PLAR-4 TIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 144,313.98, together with interest from 10/15/2005 at the rate of $24.94 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: _ /s/Francis S. Hallman LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 123713 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unworn falsifications to authorities. 7. J Z- Francis S. Hallinan, Esquire Attorney for Plaintiff Sr DATE: ILA LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Silver Spring in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEING Lot No. 32, Section C of Shady Acres Plan, which Plan is recorded in the Office of the Recorder of Deeds of Cumberland County, in Plan Book 19, Page 58, having a frontage along Clover Lane of 149.78 feet, a depth along the West along Lot No. 33 of Section C of 160.09 feet, a width along the South along Lot No. 9 of Section A of 40.09 feet and a depth along the East of 202.86 feet. BEING improved with a dwelling house known as 6 Clover Lane, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES which Balwinder Singh, a married man by deed dated January 25, 1999 and recorded February 3, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 193, Page 910 granted and conveyed unto Balwinder Singh and Kulwant Kaur, Husband and Wife, Grantors herein. PREMISES BEING: 6 CLOVER LANE File #: 123713 Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG 7----'-1:5Ne`nfication No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, V. AMY L. THOMPSON BRYCE W. THOMPSON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION o C" T • `, Kf? NO. 05-5440 CIVIL TITNI fn n1; n r'n • ZX (-s • ? rrt c? t? tv 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 AMY L. THOMPSON and BRYCE W. THOMPSON, 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 10/16/05 to 12/22/05 TOTAL $144,313.98 $ 1,695.92 $146,009.90 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. --S?Iujko "- DG. SCHMIEG, E Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: a0 D.S PRO OTHY Exhibit "C" UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Bryce Thompson Amy Thompson Chapter 13 Debtor(s) Case No.: 1:06-bk-01100 ORDER DISMISSING CASE Upon consideration of the Motion to Dismiss Case for material default and it having been determined after notice and hearing, set for December 20,2006, And No appearance for debtor that the case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. By the Cowl, 7?t)"A*? B rap judge (BR) This document is electronically signed and filed on the same date. Date: December 26, 2006 MDPA-DISM1SS3.WPT REV 6/05 Exhibit "D" PHELAN HALLINAN & SCHMIEG, LLP 1617.1ohn F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 mich.ele.bradford@fedphe. com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey April 17, 2007 Amy L. Thompson Bryce W. Thompson 6 Clover Lane Mechanicsburg, PA 17050 RE: Mortgage Electronic Registration Systems, Inc. vs. Amy L. Thompson and Bryce W. Thompson Premises Address: 6 Clover Lane, Mechanicsburg, PA 17050 Cumberland County CCP, No. 05-5440 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 five days, by Moday, April 23, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very 1 ou ,r ich . Brad rd, Esquire For Phelan Hallinan & Schmieg, LLP Enclosure N w 0) Ul N O a W01" (33JIVY4 £ a t 6 t 3000 ci1Z st?+da °tagtyVta°p , 096.00 ?,aaz Wow allow ?1Spd 5?' Q a L U d ?Z C L 7 V V f O W o ? m c1? 'o a? R '0 00 'd CC ? r- xoa a I ",4 Z N v ? .y d PA s.. .ry 4. .3 ado ° U Ica v v r- y. p, G A N 0 Vi rte! ? A N r 4 W IS ? O p O N ? ? 3 .L iA y v F ILA ?o o o N. w M CJ T 00 U d a+ d d ? T a ?Q Q N 0 ;a o$ Z v O ? o? N O ? f D, f r o0 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 Tl1e undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: Phelan Hallinan & Schmieg, LLP By: Mich e . Bradford, Esquire 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. Amy L. Thompson Bryce W. Thompson Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County No. 05-5440 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. Amy L. Thompson Bryce W. Thompson 6 Clover Lane Mechanicsburg, PA 17050 DATE: Phelan Hallman & Schpiieg, LLP By: Ihm Mic ele . Bradfor , squire Attorney for Plaintiff AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DEFENDANT(S) AMY L. THOMPSON BRYCE W. THOMPSON SERVE AMY L. THOMPSON 6 CLOVER LANE MECHANICSBURG, PA 17050 SERVED CUMBERLAND COUNTY CQS No. 05-5440 CIVIL TERM ACCT. #96985997 Type of Action P4s' asp ?3 - Notice of Sheriff's Sale Sale Date: JUNE 13, 2007 Served and made known to , vn! ( 4- Tha s-t yio lam- , Defendant, on the day of 4 bnuary , 200 at o'clocke m. at G C 16u,_01- ) a ?1 Commonwealth . , -T=om of Pennsylvania, in the manner described below: Defendant personally served. 1'?u S SG?r? 1 -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 -36 -old Height 6'0 u Weight I Cj 0- Race SpL Sex ,? Other I, & U Lc1- QOb 9tf , 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 sub cr bef is ?_ da of 200 ?? Notary: ?/ By. SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. -'`-Slate of i4ew Jersey FATRI0IA E. HARRIS NOT SERVED Commission Expires June 16, 200 On the day of 200. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: Time: 2nd 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 /Y `39.2 C e? , T7 LT- - 1 - M a cr r'Q t. AFFIDAVIT OF SERVICE COUNTY PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DEFENDANT(S) AMY L. THOMPSON BRYCE W. THOMPSON SERVE BRYCE W. THOMPSON 6 CLOVER LANE MECHANICSBURG, PA 17050 SERVED CUMBERLAND No. 05-5440 CIVIL TERM CQS ACCT. #96985997 ?S Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 13, 2007 (3rYee- W, T,Q"pfo,l ,Defendant,onthe)9--dayof F-Pb(L-Q^V Served and made known to , 200_T at I ; S S . o'clock -e.m., at G CIO UG I- G AI C Commoonwealth of Pennsylvania, in the manner described below. V /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: Descr' Etion: Age ?b -146 Height lo) 61( Weight I q D Race _ /' Sex /u _ Other I, 26 b Qr+ , 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. Sw rn to and sub`?Z be- a this d 200 No By: L E PT RVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Mofary Public NOT SERVED State of New Jersey PATRIG E RRIS On ? , W8 200 , at une 16 Moved Unknown No Answer 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 o'clock _.in., Defendant NOT FOUND because: Vacant 2°d Attempt: Time: ? 39 C=l T.it'I' 3? f„ss iW 3 ..Z MORTGAGE ELECTRONIC IN THE COURT OF COMMON PLEAS OF REGISTRATION SYSTEMS, INC., CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. AMY L. THOMPSON, BRYCE W. THOMPSON, DEFENDANTS NO. 05-5440 CIVIL ORDER OF COURT AND NOW, this 30th day of April, 2007, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before May 21, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. 4. The Profhonotary is directed to forward said Answer to this Court. By the Court, ichelle M. Bradford, Counsel for Plaintiff X my L. Thompson, Bryce W. Thompson Defendants bas ?, -?, ?=Ll M. L. Ebert, Jr., J. Esquire e4c 6t? Q V •8 H V A VW LOOZ MtGi'aOHIJ';-'6d 3'Hi JO , - A?-OTIA 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. Amy L. Thompson Bryce W. Thompson : Cumberland County No. 05-5440 CIVIL TERM Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of May 21, 2007 was sent to the following individual on the date indicated below. Amy L. Thompson Bryce W. Thompson 6 Clover Lane Mechanicsburg, PA 17050 DATE: -6?,% 1 n Phelan Hallinan LLP By Michele M. , re laintiff Attorney for P ? p m -+ _ y C 3 N , C f? .? C-n OM < PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire 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. Plaintiff vs. ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County Amy L. Thompson No. 05-5440 CIVIL TERM Bryce W. Thompson 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: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on April 26, 2007 3. A Rule was entered by the Court on or about April 30, 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 May 8, 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 May 21, 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 Date Attorney for the riaintirr PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire 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. Plaintiff VS. Amy L. Thompson Mechanicsburg, PA 17050 Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 05-5440 CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on April 26, 2007. A Rule was entered by the Court on or about April 30, 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 May 8, 2007 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 21, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. P & SCHMIEG, LLP Date Michele M. Bradfor squire Attorney for the Plaintiff Exhibit "A" MORTGAGE ELECTRONIC : IN THE COURT OF COMMON PLEAS OF REGISTRATION SYSTEMS, INC., : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. AMY L. THOMPSON, BRYCE W. THOMPSON, DEFENDANTS NO. 05-5440 CIVIL ORDER OF COURT AND NOW, this 30m day of April, 2007, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before May 21, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, ?, -?, 11 M. L. Ebert, Jr., J. Michelle M. Bradford, Esquire Counsel for Plaintiff Amy L. Thompson, Bryce W. Thompson Defendants bas Exhibit "B" C,= C= - , - _- --? -TI M i= '- -vim yti_ N (5M V 1 c .L PHELAN HALLINAN & SCHMI by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 ATTORNEY FOR PLAINTIFF EG, LLP 215 563-7000' , Mortgage Electronic Registrat' ems, Inc. Court of Common Pleas Plaintiff : Civil Division vs. : Cumberland County Amy L. Thompson No. 05-5440 CIVIL TERM Bryce W. Thompson Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Poon to Reassess Damages noting a Rule Return date of May 21, 2007 was sent to the follq,*ing individual on the date indicated below. Amy L. Thompson Bryce W. Thompson 6 Clover Lane Mechanicsburg, PA 17050 ieQ, LLP DATE: ?Isl % I ,ice ?V ?, V 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 ?S ? Date §4904 relating to the unworn falsific 'ion of authorities. C (i ich le 4&aJforc? uire 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. vs. Amy L. Thompson Bryce W. Thompson Plaintiff Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 05-5440 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. Amy L. Thompson Bryce W. Thompson 6 Clover Lane Mechanicsburg, PA 17050 Ph a in & 4;? 2-31 0-?, DATE: By Attorney for Plaintiff ? ? ..._. ??=? + ......f --r y -?? S i ., ,_ -" i. :'i IL - SALE DATE: JUNE 13.2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. No.: 05-5440 CIVIL TERM VS. AMY L. THOMPSON BRYCE W. THOMPSON 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: 6 CLOVER LANE, MECHANICSBURG, PA 17050. 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. DANIEL SCHMI G, ESQUIR Attorney for Plaintiff June 1, 2007 N 3 ?g a mM a a n n? ?z a? r w H ? b o o z 1 t?o ?' U 'Q W p mb ? ?n 0 9 LNG l ? °?f4Z' w w ? n t! ? ? 7 O Mo _ M M M 7 O O G 0 OR H?.8 0 ?. m .G fi C M n ? ? 6 w `^ ' a ° 7 7 w n 50 ?P &e. ?? 8 w . o N b, N r RI' O 0 z o rTj t o • b I z ? o I IO> I 1 I N l >?z r ? N ? m > so C7 8 O O t9-' A a z x o a b a rri r v s Z (? `d O a ? ? a a ;C o o j ? x o ? y v' o ? z 0 o O O O ,N.3 l11 O? caD O ? ?n .d 7,? o ?a ? z 00 ° c ?o b O r G . 2 Oo . A99 2007 02 1M $ d t 0004218010 OOOE 19103 • r. AHAIIE? FROM Z1P i it c? LIJ © Q C"i MAY l020D7?4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Mortgage Electronic Registration Systems, Inc. Plaintiff Court of Common Pleas Civil Division VS. Amy L. Thompson Bryce W. Thompson Defendants Cumberland County : No. 05-5440 CIVIL TERM ORDER AND NOW, this 0day of T,>t t,, , 2007, upon consideration of Plaintiffs 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 writ of execution nunc pro tunc as follows: Principal Balance Interest Through 6/13/07 Per Diem $24.60 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/Brokers Price Opinion Mortgage Ins. Premium/Private Mortgage Ins. NSF (Non-Sufficient Funds charge) $138,149.10 19,002.97 174.96 2,575.00 1,352.00 673.16 241.00 0.00 0.00 0.00 c 0 ..d mno I I WV I - Prof LOU 3Hi 40 30I.4:110--a-MIJ I -00P. Suspense/Misc. Credits Escrow Deficit TOTAL Plus interest from 6/13/07 through the date of sale at six percent per annum. 0.00 4,045.03 $166,213.22 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. 123713 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. Amy L. Thompson Bryce W. Thompson Cumberland County Defendants : No. 05-5440 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the March 15, 2007 Order was sent to the following individuals on the date indicated below. Amy L. Thompson Office of the Sheriff Bryce W. Thompson Cumberland County Courthouse 6 Clover Lane 1 Courthouse Square Mechanicsburg, PA 17050 Carlisle, PA 17013 DATE: l W By: dchele NM.13ra' & ieg, LLP squire Att orney for Plaintiff dfo C? ? -rt it , 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 James M Bach is the grantee the same having been sold to said grantee on the 13th day of june A.D., 2007, under and by virtue of a writ Execution issued on the 13th day of Feb, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 5440, at the suit of Mtg Electronic Reg Systems Inc against Amy L Thompson & Bryce W is duly recorded in Deed Book No. 281, Page 490. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ay day of A.D. vZ0 07 6, ?Q Recorder of Deeds Reao? w of DeecK CWbVWW County, CWW, PA My CwA*6m Evims ft RM Monday of Jm. 2O/0 Mortgage Electronic Registration Systems, Inc. In the Court of Common Pleas of VS ' Cumberland County, Pennsylvania Amy L. Thompson and Bryce W. Thompson Writ No. 2005-5440 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 19, 2007 at 2048 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: Amy L. Thompson and Bryce W. Thompson, by making known unto Bryce Thompson, personally and adult in charge for Amy L. Thompson, at 6 Clover Lane, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Cpl. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on April 18, 2007 at 0855 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Amy L. Thompson and Bryce W. Thompson, located at 6 Clover Lane, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Amy L. Thompson and Bryce W. Thompson, by regular mail to their last known address of 6 Clover Lane, Mechanicsburg, PA 17055. These letters were mailed under the date of April 5, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 13, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $152,100.00 to James M. Bach. It being the highest bid and best price received for the same, James M. Bach of 352 S. Sporting Hill Road, Mechanicsburg, PA 17050, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $158,921.74. Sheriff s Costs: Docketing $30.00 Poundage 3,042.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Prothonotary 1.00 Mileage 17.28 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Patriot News 276.89 Share of Bills 16.17 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $3,935.84 ? Flb(.1 0 1 7 , So Answers: 000,00, R. Thomas Kline, Sheriff BY"-I )MA?a Real Estate ergeant a o 0 6, ct A-- 19& va3 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. AMY L. THOMPSON BRYCE W. THOMPSON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-5440 CIVIL TERM 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 ,6 CLOVER LANE, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name AMY L. THOMPSON BRYCE W. THOMPSON Last Known Address (if address cannot be reasonably ascertained, please indicate) 6 CLOVER LANE MECHANICSBURG, PA 17050 6 CLOVER LANE MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AMERICA'S WHOLESALE LENDER 4500 PARK GRANADA CALABASAS, CA 91302 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 6 CLOVER LANE MECHANICSBURG, PA 17050 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. February 8, 2007 z /tea D Q /, Iv A C?DATE DANIEL G. SCHMIEG, Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. AMY L. THOMPSON BRYCE W. THOMPSON Defendant(s). TO: AMY L. THOMPSON February 8, 2007 6 CLOVER LANE MECHANICSBURG, PA 17050 CUMBERLAND COUNTY No. 05-5440 CIVIL TERM BRYCE W. THOMPSON 6 CLOVER LANE MECHANICSBURG, PA 17050 "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 BANKRUPTCYAND 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 ALIEN AGAINST PROPERTY. Your house (real estate) at, 6 CLOVER LANE, MECHANICSBURG, PA 17050, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $146,009.90 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. a 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 ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Silver Spring in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEING Lot No. 32, Section C of Shady Acres Plan, which Plan is recorded in the Office of the Recorder of Deeds of Cumberland County, in Plan Book 19, Page 58, having a frontage along Clover Lane of 149.78 feet, a depth along the West along Lot No. 33 of Section C of 160.09 feet, a width along the South along Lot No. 9 of Section A of 40.09 feet and a depth along the East of 202.86 feet. BEING improved with a dwelling house known as 6 Clover Lane, Mechanicsburg, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Bryce W. Thompson and Amy L. Thompson, husband and wife, by Deed from Balwinder Singh and Kulwant Kaur, husband and wife, dated 03/03/05 and recorded 03/11/05 in Deed Book 267, Page 4454. Tax Parcel #38-21-0291-012 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA)' COUNTY OF CUMBERLAND) NO 05-5440 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 AMY L. THOMPSON AND BRYCE W. THOMPSON (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 $146,009.90 L.L. Interest FROM 9/5/03 TO 6/13/07 (PER DIEM - $24.00) - $12,912.00 AND COSTS Atty's Comm % Atty Paid $867.66 Plaintiff Paid Date: FEBRUARY 13, 2007 (Seal) Due Prothy $1.00 Other Costs /I 10& Curt' R. Long, P not 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 # 92 On March 15, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA Known and numbered as 6 Clover Lane, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 15, 2007 By: Real Estat Sergeant 40 C;M SCHEDULE OF DISTRIBUTION SALE WO.92 Date Filed: July 13, 2007 Writ No. 2005-5440 Civil Term Mortgage Electronic Registration Systems Inc. VS Amy L. Thompson and Bryce W. Thompson Sale Date: June 13, 2007 Buyer: James M. Bach Bid Price: $152,100.00 Real Debt per order of court $138,149.10 Interest per order of court 19,002.97 Misc. Costs per order of court 9,061.15 Total: $166,213.22 DISTRIBUTION: Receipts: Cash on account (03/15/2007): Cash on account (06/13/2007): Cash on account (06/18/2007): $ 1,500.00 15,210.00 143,711.74 Total Receipts: $160,421.74 Disbursements: Sheriff s Costs Legal Search Transfer Tax, Local Transfer Tax, State Debra Weist, Tax Collector Silver Spring Township Authority (Includes MLD No. 2006-3712) Attorney Daniel Schmieg Mortgage Electronic Registration Systems, Inc. Total Disbursements: Balance for distribution: So Answers: $3,935.84 200.00 1,789.87 1,789.87 1,373.63 4,803.09 1,500.00 145,029.44 ($160,421.74) 0.00 R. Thomas Kline Sheriff SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale No. 92, held June 13, 2007 EFFECTIVE DATE: June 18, 2007 PREMISES: 6 Clover Lane, Mechanicsburg, Pennsylvania 17050 (the "Premises"), tax parcel No. 38-21-0291-012. RECITAL: Being the same premises which Balwinder Singh and Kulwant Kaur, husband and wife, by their Deed dated March 3, 2005 and recorded March 11, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 267, Page 4454, granted and conveyed unto Bryce W. Thompson and Amy L. Thompson, husband and wife. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: 1. Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All real Estate taxes on the Premises assessed but not billed, including, but not limited to, those Real Estate taxes accruing on and after July 1, 2007. 20. Mortgage in the amount of $138,400.00 from Amy L. Thompson and Bryce W. Thompson to America's Wholesale Lender dated March 8, 2005 and recorded March 11, 2005 in Mortgage Book 1899, Page 4015. -2- 21. Mortgage in the amount of $34,600.00 from Amy L. Thompson and Bryce W. Thompson to America's Wholesale Lender dated March 8, 2005 and recorded March 11, 2005 in Mortgage Book 1899, Page 4038. 22. Judgment against Amy L. Thompson and Bryce W. Thompson in favor of Mortgage Electronic Registration Systems, Inc. in the amount of $146,009.90 entered December 27, 2005 in number 2005-05440. 23. Judgment against Bryce W. Thompson and Amy L. Thompson in favor of Silver Spring Township Authority in the amount of $4,250.10 entered June 28, 2006 to No. 2006 - 03712. 24. Judgment against Bryce W. Thompson in favor of Palisades Collection, LLC in the amount of $1,689.18 entered August 1, 2006 to No. 2006-04392. 25. Judgment against Bryce W. Thompson and Amy L. Thompson in the amount of $4,250.10 entered March 7, 2007 in favor of Silver Spring Township Authority on Praecipe of Scire Facias sur municipal lien number 2007-00218. 26. All building setback lines, easements, notes, conditions and all matters appearing in Plan Book 19, Page 58, Plan of Section C of Shady Acres. 27. All building setback lines, easements, notes, conditions and matters appearing in the unrecorded survey made reference to in Deed Book L, Volume 20, Page 252. 28. Rights granted Pennsylvania Power and Light Company and Bell Telephone Company of Pennsylvania in Misc. Book 182, Page 328. 29. Rights granted Pennsylvania Power and Light Company in Misc. Book 107, Page 7. 30. The rights of others in and to any portion of the Premises adjoining or within Clover Lane. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: Keith O. Brenneman -3- REAL ESTATE SALE NO. 92 Writ No. 2005-5440 Civil Mortgage Electronic Registration Systems, Inc. VS. Amy L. Thompson and Bryce W. Thompson Atty.: Daniel Schmieg ALL THAT CERTAIN tract or Par- cel of land and premises, situate, lying and being in the Township of Silver Spring in the County of Cumberland and Commonwealth of Pennsylvania, more particularly de- scribed as follows: BEING Lot No. 32, Section C of Shady Acres Plan, which Plan is recorded in the Office of the Re- corder of Deeds of Cumberland County, in Plan Book 19, Page 58, having a frontage along Clover Lane of 149.78 feet, a depth along the West along Lot No. 33 of Section C of 160.09 feet, a width along the South along Lot No. 9 of Section A of 40.09 feet and a depth along the East of 202.86 feet. BEING improved with a dwelling house known as 6 Clover Lane, Me- chanicsburg, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Bryce W. Thompson and Amy L. Thompson, husband and wife, by Deed from Balwinder Singh and Kulwant Kaur, husband and wife, dated 03/03/05 and re- corded 03/11/05 in Deed Book 267, Page 4454. Tax Parcel #38-21-0291-012. EXHIBIT A 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: April 20, 27, May 4, 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. r Marie Covna. Editor SWORN TO AND SUBSCRIBED before me this .4day of Maw 2007 NOTAR".T'' ;SEAL v L()! E. ti,d`![? ?, "uutary Riblic Courly arch 5 r ...39 REAL ESTATE SALE NO. 92 Writ No. 2005-5440 Civil Mortgage Electronic Registration Systems, Inc. vs. Amy L. Thompson and Bryce W. Thompson Atty.: Daniel Schmieg ALL THAT CERTAIN tract or Par- cel of land and premises, situate, lying and being in the Township of Silver Spring in the County of Cumberland and Commonwealth of Pennsylvania, more particularly de- scribed as follows: BEING Lot No. 32, Section C of Shady Acres Plan, which Plan is recorded in the Office of the Re- corder of Deeds of Cumberland County, in Plan Book 19, Page 58, having a frontage along Clover Lane of 149.78 feet, a depth along the West along Lot No. 33 of Section C of 160.09 feet, a width along the South along Lot No. 9 of Section A of 40.09 feet and a depth along the East of 202.86 feet. BEING improved with a dwelling house known as 6 Clover Lane, Me- chanicsburg, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Bryce W. Thompson and Amy L. Thompson, husband and wife, by Deed from Balwinder Singh and Kulwant Kaur, husband and wife, dated 03/03/05 and re- corded 03/11/05 in Deed Book 267, Page 4454. Tax Parcel #38-21-0291-012. A 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 April and the 2nd day(s) of May 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#92 Sworn to and subscribed before me this 18th day of May 2007 A.D. AR PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Notarial Seal ferry L. Russell, Notary Public City OF HarrisburtJ, Dauphin County My fission Expires June 6, 2010 Membe , P nnsvlvania Association of Notaries T Y