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HomeMy WebLinkAbout05-5957 PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE 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 REGISTRA TION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. OS -.[957 C!.lu;L 1UL.h\ v. CUMBERLAND COUNTY LAURA M. BABCOCK AIKIA LAURA M. WETZEL 305 OAKVILLE ROAD SHIPPENSBURG, PA 17257 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing 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 ONGE. IF YOU DO NOT HAVE A LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LA WYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA T 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, P A 170 I 3 (800)990-9108 File #: 126156 File #: 126156 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. 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22]02 Plaintiff, is or will be, the owner oflegal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS,OH 43219 2. The name(s) and last known address(es) ofthe Defendant(s) are: LAURA M. BABCOCK AJKJA LAURA M. WETZEL 305 OAKVILLE ROAD SHIPPENSBURG, PA 17257 who islare the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/03/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1841, Page: 468. 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 08/01/2005 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#: \26156 6. The following amounts are due on the mortgage: Principal Balance Interest 07/01/2005 through 11/16/2005 (Per Diem $13.83) Attorney's Fees Cumulative Late Charges 10/03/2003 to 11116/2005 Cost of Suit and Title Search Subtotal $80,756.29 1,922.37 1,250.00 96.48 $ 550.00 $ 84,575.14 Escrow Credit Deficit Subtotal 0.00 279.64 ~ 279.64 TOTAL $ 84,854.78 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 ofIntention 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 $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 84,854.78, together with interest from 11116/2005 at the rate of $13.83 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 ?-<<~ <f ) o!iY~ By: IslFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 126156 LEGAL DESCRIPTION ALL THAT CERTAIN house and lot situated in the Village of Oakville, Township of North Newton, County of Cumberland, State of Pennsylvania, bounded and described as follows to wit: BOUNDED on the north by lot now or formerly of John Tritt, on the east by a public alley, on the south by property now or formerly of Lottie Wilson, on the west by the Main Street of the Village and being 55 feet in width and 160 feet in depth to the alley. BEING the same property which Joseph V. Hovetter and Catherine D. Hovetter, his wife, by their Deed dated August 26,1978, and recorded in Cumberland County Recorder of Deeds Book 'A', Vol. 28, Page 49, granted and conveyed unto Hugh L. Helman and Maude S. Helman, his wife. The said Maude S. Helman died December 19, 1979, thereby vesting full title in Hugh L. Helman. PROPERTY BEING: 305 OAKVILLE ROAD File #: 126156 .., , VERIFICATION Beth Morris hereby states that he/she is ASSISTANT SECRETARY of mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hislher knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. (5/c))~ -ryl cr)),/...~ Beth Morris ASSISTANT SECRETARY DATE: II/</h- f ' )::J (2l -<q. it- 0- U( \l ~--> Ul C) c'"::;'l 0 " c'::;'" .on f:_;\ ~ --< ........ -l:::. V( tS :;L-n e ~ -..- ;,1f; b"- eY " ...... 'C1 a. '"' -~ -.., '. C~~ ~ -.. -~ - ~ ; ...() ~. " : (") ->0 F- en - ~, .. -:-:~ -1 j,) r0 -< . PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SillTE 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT Oli' COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-5957 CIVIL TERM LAURA M. BABCOCK a/kla LAURA M. WETZEL 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 LAURA M. BABCOCK a/kla LAURA M. WETZEL and, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale ofthe mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 11/17/05 to 1/5/06 TOTAL $84,854.78 $691.50 $85,546.28 I hereby certifY that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~" ,)1 .~ Ja-w.l.{J:J. --Jf . . DANIEL G. SCHMIEG, E DIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS lNDICATED. 7 DATE: I kID&. i;,UAJ!i:~ fl' PRO OTHY ~ . . PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 05-5957 CIVIL TERM v. LAURA M. BABCOCK a/k/a LAURA M. WETZEL Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUlRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge ofthe following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service ofthe 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 LAURA M. BABCOCK alkla LAURA M. WETZEL is over 18 years of age and resides at , 305 OAKVILLE ROAD, SHIPPENSBURG, P A 17257 . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. jf~,~..J~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff . PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, P A 19103 (? 1 'i) 'ilil_7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY LAURA M. BABCOCK NKIA LAURA M. WETZEL Defendants : NO. 05-5957.CIVIL TERM TO: LAURA M. BABCOCK AfK1A LAURA M. WETZEL 305 OAKVILLE ROAD SIDPPENSBURG, P A 17257 DATE OF NOTICE: nF.rFMRFR 21 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. TIllS 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 HA VB FAILED TO ENTER A WRlTTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITII TIlE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF TIllS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RlGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON 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 ASSOCIA nON 32 SOUTH BEDFORD STREET CARLlSLE,PA 17013 (800)990-9108 t~' \~\, /' UA./IGc.u) [)) .kJ-)'A~-- NCIS S. HALLINAN, ESQUIRE " A rneys for Plaintiff t N P ~ \\:. ~ :-"> IV' ~ - ~ 0 ~ -U )J --:t 5 ~ ~ r "-> C-J C) ~ (::..} W )j '-:.., ., I 1: c_ .-\ r -0 :'",'" -r ~. ,.~ m2:2 ,-r- , 0"" -~ ',':) . . ' -- .. J;>- ~-D r'-' ..< ------ . , (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-5957 CIVIL TERM LAURA M. BABCOCK a/k/a LAURA M. WETZEL Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ;/1.- , 200 I- B~~ If you have any questions concerning this matter, please contact: 'jY~->>JJjY'Wl DANIEL G. SCHMIEG, ESQ~ Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBT AlNED WILL BE USED FOR THAT PURPOSE- IF YOU HA VB 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." " (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. No. 05-5957 CIVIL TERM LAURA M. BABCOCK a/kJa LAURA M. WETZEL Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $85,546.28 Interest from 1/5/06 to JUNE 7, 2006 (per diem -$14.06) $2,151.18 and Costs TOTAL $87,697.46 frcvwd Jj JJL . DANIEL G. SCHMIEG, ES. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. r-) -,-1 .~ ~-7, -,,~ I, c,,~. / l MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION LAURA M. BABCOCK alk/a LAURA M. WETZEL NO. 05-5957 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,305 OAKVILLE ROAD, SHlPPENSBURG, PA 17257. I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LAURA M. BABCOCK alk/a LAURA M. WETZEL 305 OAKVILLE ROAD SHlPPENSBURG, PA 17257 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertaim:d, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 305 OAKVILLE ROAD SHIPPENSBURG, PA 17257 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 11. 2006 DATE ;V;~_}!J~~~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff c-,! -.... ---' (..- I"~ c,j \".;J - PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SffiTE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERl"AND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DI\'lSION LAURA M. BABCOCK a/kla LAURA M. WETZEL NO. 05-5957 CIVIL TERM Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. IOI~)! "II ' ,Vcr. ,.. -J ~~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff ---------- '--I >(\ -3.-;- -- (.;~ c- - ) MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS, INC. CUMBERlAND COUNTY Plaintiff, No. 05-5957 CIVIL TERM v. LAURA M. BABCOCK alkla LAURA M. WETZEL Defendant(s). ] anuary II, 2006 TO: LAURA M. BABCOCK a/kla LAURA M. WETZEL 305 OAKVILLE ROAD SHlPPENSBURG, P A 17257 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at, 305 OAKVILLE ROAD, SHlPPENSBURG, PA 17257, is scheduled to be sold at the Sheriffs Sale on JUNE 7, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $85,546.28 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. I ~ 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 Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 I DESCRIPTION ALL THAT CERTAIN house and lot situated in the Vill~e of OakvlUe, Towlll~hlp of North Newton, County of Cumberland, State of PennHylvania, bounded and d9SCfibed as foUows to wit: BOUNDED on the north by lot now or formerly of John Tritt. on the east ;IY a public alley. on the south by property now or formerly of Lottie Wilson, on the went by the Main Street of the ViUage and being 55 feet in width and 160 faet in depth te the alley. BEING the same property which Joseph V. Hovetter and Catherine D. HOVEtler. his wife, by their Deed dated August 26, 1978, and recorded In Cumberland County Recorder of Deeds Book "A", Vol. 28, Page 49, granted and conveyed unto Hug.) L. Helman and Maude S. Helman, his wife. The said Maude S. ~Ielman died Decend>er 19, 1979, thereby vesting full title in Hugh L. Helman. TOGElHER with all and singular ways, waters, water-cCoUrses. rights, liberlil~. privileges, hereditaments and appurtenances whatsoever ther! /Unto belonging, o' in anywISe appertaining, and the reversiOns and remainders. rellts, issues and pl'(.llts thereof; and also, all the estate right. title, interest, use trust, prop3rty, posseSSiOn. cI ,im and demand whatsoever. In law, equity or otherwise howsoever, of, in, to or out of h1e same. TO HAVE AND TO HOLD. the said hereditaments and pwmises hereby grantl~ and released. or mentioned and intended so to be, with the ap)urtenances, unto he said GRANTEE aod her heirs and assigns, 10 and for the only pre pet use and behoo: of the said GRANTEe her heirs and assigns, forever. AND the said Co.Executors of the Estate of Hugh L Helman. deceas :,0, covenant, promise. and agree to and with the said GRANTEE her heirs sod assigns. by these presents. that they. the said Co-Executol'$ have not done. committed, knowin ;11y or willingly suffered to be done or committed, any act, matter or thing whatSOO"f13r Whereby the premises hereby granted. or any part thereof, is, are. shall or may be Impeached, charged or encumbe/'Eld, in title, charge. estate, or oth~ise howsoever. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Laura M. Babcock by Deed from Andrea M. Fogelsanger, Barbara J. Shughart and Catherine D. Hartranft, Co-Executors of the Last Will and Testament of Hugh L. Helman, dated 10/3103 and recorded 10/22103. in Deed Book 259, Page 4949. PARCEL IDENTIFICATION NO: 30-25-0116-036 PREMISES BEING: 305 OAKVILLE ROAD, SHIPPENSBURG. PA ]7257 (---) ----- r__ C,) \ t, ~."<I ::'n WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 05-5957 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 LAURA M. BABCOCK A/KJA LAURA M. WETZEL (I) 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 garnlshee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant( s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $85,546.28 L.L. $.50 Interest FROM 1/5/06 TO 617106 (PER DIEM - $14.06) - $2,151.18 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $128.24 Other Costs Plaintiff Paid (Seal) /J -I CI;?l~i;7 Pr6thonotary . By: Date: JANUARY 13, 2006 Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court 10 No. 62205 SHERIFF'S RETURN - REGULAR CASE NO: 2005-05957 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS BABCOCK LAURA M AKA LAURA M WE WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BABCOCK LAURA M AKA LAURA M WETZEL the DEFENDANT , at 1738:00 HOURS, on the 30th day of November, 2005 at 305 OAKVILLE ROAD SHIPPENSBURG, PA 17257 by handin9 to ROXANN JONES, DAUGHTER 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: Docketin9 Service Affidavit Surcharge So Answers: .._.~~V -... ....,...,."...--:..<':.,... r ~."..,.......,. ../~<' ....;:f"~~~~ 18.00 18.24 .00 10.00 .00 46.24 R. Thomas Kline 12/01/2005 PHELAN HALLINAN SCHYIIEG me this /1//-1, day of BY'& r~c . .;!1'1 V '. .<- ~ Deputy Sheriff Sworn and Subscribed to before a,,~r1r&;D ~rot 0 a Y!J j . AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY PMB No. 05-5957 CIVIL TERM DEFENDANT(S) WETZEL LAURA M. BABCOCK alkJa LAURA M. ACCT. #1978260585 SERVE LAURA M. BABCOCK alkJa LAURA M. WETZEL AT 305 OAKVILLE ROAD SHIPPENSBURG, P A 17257 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 7, 2006 SERVED Served and made known to I... (it:(r" (~ f3'1b /()(~!( at ,-..oc ,o'clock1.m.,at 3os-- (JAln',!I... [-A. , Defendant, on the I'i( }h fit 17:).5'7 day of __\~f)\J~rll , 200~ I Si"IJefd , 1",.) , Comrnonweallh of Pennsylvania, in the manner described below: iX Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 3r'1S" Height S' 17, ~ Weight ~ Race ~ Sex (' Other I, ~s c'~"'1 t 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 ilnd at the address indicated above. - ~ . 0t~~ LLl~ By: Go SEtA TTEMPT SERVICE AT LEA ( TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NO ary PUblic State of New Jersoy PATRIC'I>. E. HARRIS g,om~lsslon ExpirSiy!ll!Ie 16. 200B NOT SERVED ,200_, at o'clock ~.m, Defendant NOT FOUND because: Moved Unlmown No Answer Vacant 1" Attempt: / I Time: 2nd Attempt: I / Time: 3rd Attempt: I / Time: Sworn to and subscribed before me this _ day of . 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - LD. No. 62205 \~ J'f) n ~. r-' 9., '2;;'" <--- ~.f.-;: :;,t.;... v'> -- Q -;1 ~ "";, 4r:: (i (I' ~,1t? .._..--1.-, i:<~~_, >"',>:'2, ':-;,~-b -'-"~i ,.~.:..\ :;.".. ~, :;'-'?". ~J" C? .- - r"", ~ " SALE DATE: JUNE 7.2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. No.: 05-5957 CIVIL TERM vs. LAURA M. BABCOCK a/kJa LAURA M. WETZEL 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: 305 OAKVILLE ROAD. SHIPPENSBURG. PA 17257. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each ofthe 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 ofthe Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. June 5, 2006 fjJ~JJ~- DANIEL SCHMIEG, ESQ Attorney for Plaintiff .. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. LAURA M. BABCOCK a/k/a LAURA M. WETZEL CIVIL DIVISION Defendant(s). NO. 05-5957 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 .305 OAKVILLE ROAD. SHIPPENSBURG. P A 17257 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LAURA M. BABCOCK a!k/a LAURA M. WETZEL 305 OAKVILLE ROAD SHIPPENSBURG, P A 17257 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None . ... 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 305 OAKVILLE ROAD SHIPPENSBURG, P A 17257 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 11. 2006 DATE ~jIJ~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff . .. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. vs. LAURA M. BABCOCK aIkIa LAURA M. WETZEL TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): LAURA M. BABCOCK aIkIa LAURA M. WETZEL PROPERTY: 305 OAKVILLE ROAD SHIPPENSBURG, P A 17257 Improvements: Residential dwelling Judgment Amount: $85,546.28 CUMBERLAND COUNTY NO. 05-5957 CIVIL TERM The above-captioned property is scheduled to ~be sold at the Cumberland County Sheriffs Sale on JUNE 7, 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 Sheriffs Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY, as we are not permitted to give you legal advice. The Sheriffwill 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. :P:;;l t"" II ir - - - - - - n _ S. ;:Z VI .". Vol N - 0 \0 00 -...J 0\ VI .". Vol N - ~.~ (1) "'ll Olo ~ '<-. W " C)" ft CD z c 3 r:r CD ... ~;;l ~ ~ (j t:I z H.E. ~ ~ . ;ij Z ~ ;:~ ~ 0 ... > ...... ~ ~ en '" go ~ '" - -. i ~ ;f. t:l:1 0 (j ~ (j ~ j ~ a ~ ~ en (j ~ 0 Ed ~ ~ ~ r . ~ @ l ~ ~ "ll Vol "'C en ! 0 ~ ~ 0 ~ VI Ell m... ~ " .ij g ~ .. oi en > ~ '" ';ij '" '" n I; i -',:1 ~ j ... S ~ II j ~ ~ trl ~~ 0 ~ t:I -. I :>;3 (j n t"" n 0 n en g: ij ~~ .. ~ "'C 0 . ~ - ~~g.li";1 en Vol t:l:1 ~ z 8~';;'ii n ~~ 1n;llloG; ~ ~"6"a'" ~ ""iJ"g-" [~.[g.[ ~ t"" ~9~~g. ~~ . ~ - -[~;i~ -...J g'" 8 gOi N VI ~ ~. ~ ~ ~ -...J "'C ~ .1'':< g.;n' 0 cr.-g il ~ ;; t:l:1 ~ [~i~l 0 en >< ~ 8 _. ~ N 9='5 g 0\ ~~ Nn=!!. -...J ~i~i~ ~VI '1' i ~ ... '" II 'J~' oa. 8- ~ s.1:l S' <c, en en "'ra::l; t:l:1 J;; ~ .~g. ~~ "'C ;".:<Ilg >- n "0 ~ !!. a~ d ~ - :s.l;a ~. -...J :~, '/" - -..~ <'~>. 0 9-1i";;n- - - o 0 n II -...J Vol -g. ~ ~ '" /~ \';c~ - i -€l g- iJ 0 .~~~ ; VI -;; ::; ; . .~~~ . \~ ~'lll g.~ ~ ....,.,::1 _ \ .~ ~ t-~ Pas}.: \ti ~"\f;S~ '>:. - . . . (:)4f ~...._ ~ . /!! ll".- :;.~ I . ~~____Affln~ 02 1A $ 00.050 0004309825 JAN12 2006 MAILED FROM ZIP CODE 19103 0>2: ""'Q.l>> OOQ.B ~ ... ~ = ~ l>> Q.c;tJ= ~ Q. "'-0'" g:~::J::C ..... otrJ g,-...]."t'"" o~o> -trssz ~~Qe? "'C~:;jF >~fft'"" -S~t:::I \Oo.....:..!:, 0% C/) :> VJ g.z ~~a.~ -.....~ ~ 0 ::s ~~C/)C/) o~ft() C"I.l~ ..... ~ l'-:l o' ~ fq::S G":l &-" (,") ~- ~ ~ . o t'"" l'-:l 0 . t"l ~ t"l "'"' ~ ; .O~ , : i ((1' :--..... !=:- . .;:) '" - I'IlHEY BOWEs _ 02 1A $ 00.900 0004309825 JAN12 2006 MAILED FROM ZIP CODE 19103 ~II II :-, o C' ~ = = t.:r" <-: ~~: ......-... '..:.:j -<. , 0" o "n ~-n rilfC:;;; -."-,,J] 'ilY /~:._~ (~.) -n -~"" ~:/~ ~5 ~ r:? f'..) PHELAN HALLINAN & SCHMIEG, LLP . BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. . Cumberland County Laura M. Babcock Defendant( s) No. 05-5957 Civil Term PRAECIPE TO THE PROTHONOTARY: Please mark the above referenced case Discontinued and Ended without prejudice. _Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. X Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: lP~ft:/t?1 nguQf J:.~/-L- Francis S. Hallinan, Esquire Attorney for Plaintiff PHS # 126156 o ;.::-:- ,-'-- r..._l l':.:::~ e;~J ~:,)...., ~"l ::;J en ~'<"I --., C!J T",,--' C' c. Mortgage Electronic Registration Systems, Inc. VS Laura M. Babcock a/k/a Laura M. Wetzel In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-5957 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 03, 2006 at 6:07 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Laura M. Babcock, a/k/a Laura M. Wetzel, by making known unto Laura M. Babcock, personally, at 305 Oakville Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 12,2006 at 1:54 o'clock P.M., he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Laura M. Babcock a/k/a Laura M. Wetzel located at 305 Oakville Road, Shippensburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency ofthe action to the within named defendant, to wit: Laura M. Babcock a/k/a Laura M. Wetzel by regular mail to her last known address of 305 Oakville Road, Shippensburg, P A 17257. This letter was mailed under the date of April 06, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriffwho being duly sworn according to law, states this writ is returned stayed per instructions from attorney Daniel Schmieg. Sheriffs costs: Docketing Poundage Posting Bills Advertising Law Library Prothonotary Mileage Certified mail Levy Surcharge Law Journal Patriot News Share of Bills Total: 30.00 232.13 15.00 15.00 .50 1.00 28.16 3.10 15.00 20.00 539.00 410.00 19.57 1328.46 ../ ~ ,o~ {, 1 ~~I \ b"7> ~ , -1I'c..J~ 1 LJLJ/ {L J(f/7DJ So Answers: ~~:'s~ j~ ergeant MORTGAGE ELECTRONIC REGISTAATION SYSTEMS, INC. Plaintiff, CUMBERLAND coUNTY COURT OF COMMON PLEAS v. CIVIL DMSION NO. 05-5957 CIVIL TERM LAURA M. BABCOCK aIkIa LAURA M. WETZEL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .305 OAKVILLE ROAD. SHIPPENSBURG. P A 17257 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LAURA M. BABCOCK a1k/a LAURA M. WETZEL 305 OAKVILLE ROAD SHIPPENSBURG, P A 17257 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on thr property to be sold: Name Last Known Address (if address cannot bf reasonably ascertained, please indicate) None j T - 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiffhas 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 305 OAKVILLE ROAD SHIPPENSBURG, P A 17257 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 11,2006 DATE ~JlJ~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 05-5957 CIVIL TERM v. LAURA M. BABCOCK aIkIa LAURA M. WETZEL Defendant(s). January 11, 2006 TO: LAURA M. BABCOCK a/kJa LAURA M. WETZEL 305 OAKVlLLE ROAD SHIPPENSBURG, P A 17257 "'THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COllECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at. 305 OAKVILLE ROAD. SHIPPENSBURG. PA 17257. is scheduled to be sold at the Sheriffs Sale on JUNE 7.2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $85.546.28 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 withPa.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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You 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 reoresentative of the olaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 ~ .. DESCRIPTION ALL THAT CERTAIN house and lot situated in the VilIEl$ie of Oakvllle, TowlIship of North Newton. County of Cumberland, State of Pennuytvania, bounded and described as foUows to wit. BOUNDED 00 the north by lot now or formerly of John Tritt, on the east :IY a pubUc alley. on the south by property now or formerly of Lottie Wilson, on the weHt by the Main Street of the ViUage and being 55 feet in width and 160 feet in depth tc the alley. BEING the same property which Joseph V. Hovetter and Catherine O. HovEt'ter, his wife, by their Deed dated August 26, 1978. and recorded In Cumberland Cowuy Recorder of Deeds Book "A", Vol. 28. Page 49, granted and conveyed unto HUg.1 L. Helman and Maude S. Helman, his wife. The said Maude S. Helman died Oecenrber 19. 1979, thereby vesting full title in Hugh L Helman. -TOGETHER with an and singular ways, waters. water-cc1urses, rights, libertil!S, priVileges, hereditaments and appurtenances whatsoever then.unto belonging, o' in an)W\Se appertaining, and the reversions and remainders, refits. issues and prtl"llts theteof; and also, aU the estate right. tilte, interest, use trust, prop!rty, possession, cJ ~jm and demand whatsoever, In law, equity or otherwise howsoever, of, in) to or out of the same. TO HAVE AND TO HOLD, the said hereditaments and pnlmises hereby grantl3d and released, or mentioned and intended so to be, with the ap)urtenances, unto 11& said GRANTEE and her heirs and assigns, to and for the only pre pet use and behoo: of the said GRANTEE her heirs and assigns, forever. AND the said Co-Executors of the Estate of Hugh L Helman, deceas ::d, covenant, promise, and agree to and with the said GRANTEE her heirs and assigns, by these presents. that they, the said Co-Executors have not done, committed. knowin ;11y or willingly suffered to be done or committed, any act, matter or thing whatsoe' (13r Whereby the premises hereby granted, or any part thereof, is, are, shall or may be impeached, charged or encumbered, in tffie, charge, estate. or oth ~rwise howsoever. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Laura M. Babcock by Deed from Andrea M. Fogelsanger, Barbara J.Shughart and Catherine D. Hartranft, Co-Executors of the Last Will and Testament of Hugh L. Hehnan, dated 10/3/03 and recorded 10/22/03, in Deed Book 259, Page 4949. PARCEL IDENTIFICATION NO: 30-25-0116-036 PREMISES BEING: 305 OAKVllLE ROAD, SHIPPENSBURG, P A 17257 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5957 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 LAURA M. BABCOCK A/KJA LAURA M. WETZEL (1) You are directed to levy upon the property of the defendant (s land 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) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $85,546.28 L.L. $.50 Interest FROM 1/5/06 TO 6/7/06 (PER DIEM - $14.06) - $2,151.18 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $128.24 Plaintiff Paid Date: JANUARY 13, 2006 Other Costs ( Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 42 On February 14,2006 the Sheriff levied upon the defendant's interest in the real property situated in North Newton Township, Cumberland County, P A Known and numbered as 305 Oakville Road, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 14,2006 By: JD~~-th Real Estate Sergeant .~ ~~ ~ -'.... t:--. ('V ':::: .,] r,;.... _j: ~ QZ :01 'V IlZ NVr qOOI Vd 'A,UHIU:J uif\! ii:L:l8~~nJ .:l:J1~3HS 3Hl .:10 3:)1.:1.:10 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA SSe COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in 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. S TO AND SUBSCRIBED before me this 21 day of April. 2006 N"., LO'~ ~. ;,r r:li , ;"j. J'V Dqblic I r ',- p. '; Cllfl'.bf'.!.. Counfy J '\ C'Ps Mlreh 5, 2'109 ~..-;",,~~~;,t!',,~~..... REAL _TAD &ALB RO. 42 Writ No. 2005-5957 Civil Mortgage Electronic Registration Systems, Inc. vs. Laura M. Babcock a/k/a Laura M. Wetzel Atty.: Daniel Schmieg DESCRIPTION AIL THAT CERTAIN house and lot situated tn the Village of 0akv111e, Township of North Newton, County of Cumberland, State of Pennsylva- nia, bounded and described as fol- lows to wit: BOUNDED on the north by lot now or formerly of John Tritt, on the east by a public alley, on the south by property now or formerly of Lottie Wilson, on the west by the Main Street of the Village and betng 55 feet in width and 160 feet in depth to the alley. BEING the same property which Joseph V. Hovetter and Catherine D. Hovetter, his wife, by their Deed dated August 26, 1978, and re- corded in Cumberland County Re- corder of Deeds Book M A", Vol. 28, Page 49, granted and conveyed unto Hugh L. Helman and Maude S. Helman, his wife. The said Maude S. Helman died December 19, 1979, thereby vesting full title in Hugh L. Helman. TOGETIiER with all and singular ways, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging, or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof: and also, all the es- tate right, title, interest, use trust, property, possession, claim and de- mand whatsoever, in law, equity or otherwise howsoever, of, in, to or out of the same. TO HAVE AND TO HOLD, the said hereditaments and premises hereby granted and released. or mentioned and intended so to be, with the appurtenances, unto the said GRANTEE and her heirs and assigns, to and for the only proper use and behoof of the said GRANT- EE her heirs and assigns, forever. AND the said Co-Executors of the Estate of Hugh L. Helman, de- ceased, covenant, promise, and agree to and with the said GRANT- EE her heirs and assigns, by these presents, that they, the said Co-Ex- ecutors have not done, committed. lmowingly or willingly suffered to be done or committed, any act. matter or thing whatsoever whereby the premises hereby granted, or any part thereof, is, are, shall or may be impeached, charged or encum- bered, in title, charge, estate, or otherwise howsoever. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Laura M. Babcock by Deed from Andrea M. Foge1sanger, Barbara J. Shughart and Catherine D. Hartranft, Co-Executors of the Last Will and Testament of Hugh L. Helman, dated 10/3/03 and re- corded 10/22/03, in Deed Book 259 Page 4949. PARCEL IDENTIFICATION NO: 30-25-0116-036 PREMISES BEING: 305 OAK- VILLE ROAD, SHlPPENSBURG, PA 17257. ,.' --^ -.,--,~,."> -~., .,......_-~~---..>-'---.,--"~,,~-'""'.,. . , . ,. 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 ALE #42 NOT PUBLIC My commission expires June 6, 2006 , CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ........,....... .....-........... ..Ilf.......... ~.... ......... '. . ~.~ir...... ~F.~ ~ "'MLTlL'T ~.'.1PJSe an4llt',l\ibl8flld ill me Vilapd~' ~ .d' NCftb NewtOD.. C\wIlIlY...rA .~..~ of ~.~_,~.~to wit .' BOONJll!D ..~.' meNCftb by llt, aOW ~ , . f\dlt:lly d JdiII .. Olllhe East by a ~ . a1Jey,Oll._by~aOW ~~ of ~ ..........1Iy 1be.1lbil~ Ii. me V1DaF ..a beiC $ fed iII.widIllan4181 {eft iII~~lhe!lllCY' ~me ~ ~. JoIellb.V. ~W~n.~.bi&1rife.by thciiDctAi...... ...AJtIll2c6.1m,an4~.. ill ~~~d])eellsBcjc&"K' , . . ....~.~eiro1JuPl L. < r~, Ilia Wife. 'fbe . ___S.l~-])tC:eIIIblr 19.1979, ~vesliIitfl:\\l.j_L.~. ~~.~~..,.:w_, ~,...~.~' .~_.~.~ .~.....~,.~~~' aed 1lle ~ _~.... issUeS an4 p.I$ ~ aiI4 also, all me ~ Dght. tide. ~;uee tlI8It. ~. ~. . dailll- ~~. illlaw..eq1Jity or ~ .....oatdlhesame. TO HAvE BOlD. the said ~.. ..~'p.d an4 ~.. . . .'. . sotobe.. me ~ldv; ._...~ bel beits _ .... to an4~. ODly props use an4 bdillli- me _~ bel brils an4 ..... {ueWf. ANn me _ ~ .oflhe 1!sI* of 8J!&Il L. }1daDID. ~. ~eoant. promise, .. ~ to -,~....0JWl'l'F.B bel _.. ....."'.,.....,tbat 1tJcY,. tWif'~ .'.-' \bIe, ~, ~.or~...tobe-or ~,alIY .,.. Or._ wjJa\l!OC'ltf ~lhe~~ ptcd,or allY part ~. is'lll\\~ sbaU or 1I1lY be impel1clIed, .<<#,iII.,dlarge.estate,or 'l'b'tiTO $AlD~is veSted ill Lama M..~ by ..~ ..ft01D ~ M. .......J\.IJIil~D. '. J.,ast\ViUan4 11 . . . '.' '. '. . ..... 101311\.1an4 ~~;iIl 2S9;'rtge4949. PAllCFL ~ 'No.~25-0Ufr 036 ~"\\q,p;1<",,,.