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Home My WebLink About05-6047 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, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO, :)tJ05-~(,041 C:vl/ v, CUMBERLAND COUNTY CARLOS R. JOHANSSON 103 EAST MAIN STREET, #2 NEWVILLE, P A 17241 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 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 #: \ 26520 ~ File #: 126520 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 DRNE, SUITE 350 MCLEAN, VA 22102 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: CITIMORTGAGE, INC, 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 2, The name(s) and last known addressees) of the Defendant(s) are: CARLOS R, JOHANSSON 103 EAST MAIN STREET, #2 NEWVILLE, P A 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described, 3, On 11/22/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No, 1791, Page: 2543, 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 #: 126520 6, The following amounts are due on the mortgage: Principal Balance Interest 07/01/2005 through 11/22/2005 (Per Diem $17,60) Attorney's Fees Cumulative Late Charges 11/22/2002 to 11/2212005 Cost of Suit and Title Search Subtotal $77,868,82 2,552,00 1,250,00 180,27 $ 550,00 $ 82,401.09 Escrow Credit Deficit Subtotal 0,00 2,136,19 $ 2,136,19 TOTAL $ 84,537.28 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 Sheriff's Sale, If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged, 8, The mortgage premises are vacant and abandoned, WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 84,537,28, together with interest from 11/22/2005 at the rate of$17,60 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, L /:J- <C" W By: /;rI.~H:;;;:-n~? LAWRENCE T, PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 126520 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in Lower Frankford Township, Cumberland County, Pennsylvania, said lot situate on the North side of Public Road leading from Enola to Roxbury, said Highway Route No, being 944, and bounded and described as follows: BEGINNING at a point in the center line of said Highway Route No, 944, which point of beginning is a corner of lands now or formerly of Albert E, Clawson and Shirley T, Clawson, his wife; thence in a westwardly direction along the center line of said Highway Route No, 544, a distance of ISO feet to a point in line of other lands, now or formerly ofIda M, Myers; thence along other lands of the said Myers in a northerly direction, a distance of 300 feet to a point (iron pin); thence still along lands of the said Ida M, Myers in an eastwardly direction, a distance of 150 feet to a point (iron pin) in line oflands of the said Albert E, Clawson and Shirley T, Clawson, his wife; thence in a southwardly direction along lands of the latter, a distance of300 feet to a point in the center of Highway Route No, 944, the Point and Place of BEGINNING BEING the same premises which ESTHER G, HORN, now known as ESTHER G, REA and EOW ARO W, REA, her husband, by Indenture bearing date October 17, 1997, and recorded October 20, 1997, in the Office of the Recorder of Deeds, in and for the County of Cumberland, Deed Book No, 166, page 287 etc" granted and conveyed unto MICHAEL L. IRVINE and SHERR! L. IRVINE, husband and wife, in fee, PROPERTY BEING: 3308 ENOLA ROAD File #: 126520 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 unsworn falsifications to authorities, d.~. ( , ?}-~~. f . Francis S, Hallinan, Esquire Attorney for Plaintiff DATE: ///~ I ~ 0 ~ (:J \J\ ~- ~ ':"\ ~. "',I, - ~ -c.. ~ - ~ (:'",", 'S:l... ~ ~ '.f\ ~ ~ ~ "" ~ - :::::- ~ % " ';~ 8 r-' '--~: ,_..... , C1 ;.:~. .-' ~<\.\ .;I.\"\C: ',\>', t'....:'> -\ <.-.,) 1'\ t:-? ~ J ..L. ;-." .--' .------ Phelan Hallinan & Schmieg, L.L.P, By: Daniel G, Schmieg, Esquire No, 62205 One Penn Center at Suburban Station 1617 John F, Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc, COURT OF COMMON PLEAS CNIL DNISION vs, Cumberland COUNTY Carlos R, Johansson NO,05-6047-Civil MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, L.L.P" moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant, Carlos R. Johansson, by first class mail and certified mail to the last known address, 103 East Main Street, #2, Newville, P A 17241 and the mortgaged premises, 3308 Enola Road, Carlisle, P A 17013, and in support thereof avers the following: 1, Attempts to serve Defendant, Carlos R. Johansson, with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 3308 Enola Road, Carlisle, PA 17013. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", the property is vacant and resides in Centuria, WI. 2, The Sheriff of Cumberland County also attempted service at 103 East Main Street, #2, Newville, PA 17241, As indicated by the Sheriffs Return of Service attached hereto as Exhibit "B", per Defendant's daughter, Defendant lives in Centuria, WI. 2, Pursuant to Pa,R.C,P, 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "C", the Plaintiff was unable to locate an address for the Defendant in WI. 3, Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of December 15, 2005 to bring loan current. 4, Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable to do so, WHEREFORE, Plaintiffrespectfully requests this Honorable Court enter an Order pursuant to Pa,R.C,P, 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P, ,\.. . r G: ~e-.L' By,.~., j DaniefG, Schmieg, Esquire Attorney for Plaintiff Date: December 15,2005 Phelan Hallinan & Schmieg, L.L.P, By: Daniel G, Schmieg, Esquire No, 62205 One Penn Center at Suburban Station 1617 John F, Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attomey for Plaintiff Mortgage Electronic Registration Systems, Inc, vs, COURT OF COMMON PLEAS CNIL DNISION Cumberland COUNTY NO,05-6047-Civil Carlos R. Johansson MEMORANDUM OF LAW Pa, R,C,P, 430(a) specifically provides: (a) If service cannot be made under the applicable mle, the plaintiff may move the Court for a special order directing the method of service, The motion shall be accompanied by an affidavit stating the nature and extent of the investigation, which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made, Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last knO\1ffi address requires a good faith effort to discover the correct address." Adontion of Walker, 468 Pa. 165,360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Infannation Act, 39 c.F.R. Part 265, (2) inquiries of relatives neighbors, mends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriff's Retum of Service, attached hereto and marked as Exhibit "A" and "B" the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "C", WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa,R,C.P, 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P, By:UC' Daniel Q, Schmieg, Esquire Attorney for Plaintiff ,1G'.S~ j Date: December 15,2005 . - -------~ -t k ~ f~" \'J' SHERIFF'S RETURN - NOT SERVED CASE NO: 2005-06047 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS JOHANSSON CARLOS R R, Thomas Kline Sheriff who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: JOHANSSON CARLOS R but was unable to locate Him in his bailiwick, He therefore returns the COMPLAINT - MORT FORE NOT SERVED , as to the within named DEFENDANT , JOHANSSON CARLOS R 3308 ENOLA ROAD CARLISLE, PA 17013 PER DAUGHTER, DEFENDANT LIVES IN CENTURIA, WI, Sheriff's Costs: Docketing Service Affidavit Surcharge 6,00 ,00 ,00 10,00 ,00 16,00 S.o... a. .n..s.. w.es.~.. ~ ,/:;.::;::-::-c"'..."''''....~...-?''. : ':''''''" , ' ,. >>J;~~~~ < R, Thomas Kline . Sheriff of Cumberl~d County PHELAN HALLINAN SCHMIEG 12/05/2005 Sworn and subscribed to before me this day of A,D, Prothonotary _,_u~--------- t ;\.10;t 13 SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-06047 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS JOHANSSON CARLOS R R, Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT JOHANSSON CARLOS R but was unable to locate Him in his bailiwick, He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , JOHANSSON CARLOS R 103 EAST MAIN STREET #2 NEWVILLE, PA 17241 PER DAUGHTER, DEFENDANT LIVES IN CENTURIA, WI Sheriff's Costs: Docketing Service Not Found Surcharge 18,00 10,56 5,00 10,00 ,00 43,56 .--:"'/ /,7 S~;iJf!xti~~~//. R, Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 12/05/2005 Sworn and subscribed to before me this day of A,D, Prothonotary flki~}t C , \ W;t. FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION FNMA SKIP TRACE File Number: 126520 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Carlos Johansson Property Address: 3308 Enola Road, Carlisle, P A 17013 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as foHows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the foHowing: I. CREDIT INFORMATION A, SOCIAL SECURITY NUMBER OUT search verified the following information to be true and correct Carlos Johansson - 158-54-9771 B, EMPLOYMENT SEARCI I Carlos Johansson - ^ review of the credit reporting agencies provided no employment information. C INQUIRY OF CREDlTORS Our inquiry of creditors indicated that Carlos Johansson reside(s) at: 3308 Enola Road, Carlisle, I' A 17013. H. INQUIRY OF TELEPHONE COMPANY A, DIRECTORY ASSISTANCE SEARCH On 12/12/05 our office contacted directory assistance, which indicated that Carlos Johansson reside(s) at: 3308 Enola Road, Carlisle, PA 17013. On 12/12/05 our office made a telephone call to the subject's phone number, (717) 240-0613, and received the following information: phone number disconnected. III. INQUIRY OF NEIGHBORS On 12/12/05 our office attempted to contact Karen Kurzencloerfer, (717) 243-9571, at 3300 Enola Road, Carlisle, PA 17013: spoke with an unidentified female who could not confirm or deny that the subject reside(s) at 3308 Enola Road, Carlisle, PA 17013. On 12/12/05 our office attempted to contact Chad I.ininger, (717) 243-5313, at 3314 Enola Road, Carlisle, PA 17013: received an answering machine. Using OUT White Pages data base our office was unable to locate any additional neighbors of 3308 Enola Road, Carlisle, PA 17013. IV. ADDRESS INQUIRY A, NATIONAL ADDRESS UPDATE On 12/12/05 we reviewed the National Address database and found the following information: Carlos Johansson- 3308 Enola Road, Carlisle, PA 17013, 5, ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. ~ V, DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Carlos Johansson. VI. OTHER INQUIRIES A. DEATH RECORDS As of 12/12/05 Vital Records and all public databases have no death record on file for Carlos Johansson. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Carlos Johansson residing at: last registered address. VII. ADDITIONAL INFORMA nON OF SUBJECT A. DATE OF BIRTH Carlos Johansson - 4/4/1957 * OUf accessible databases have been checked and cross-referenced for the above named individual(s) * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. ] am aware that if any of the foregoing states made by me are willfully false,] am subject to punishment. I herby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.s. See. 4904 relating to unsworn falsification to authorities. ~ t:-t"~? Jt.JL-:- M~"" l'l!NNlrn"YANlA NOTARIAL SEAL RYAN P GALVIN, Ncta-y Public City 01 Philadelphia, PllIl8, ~ 2008 Commission Ex res 0acembBi' , AFFIANT - Brendan Booth Full Spectrum Legal Services, Ine. Sworn to and subscribed before me this 12th day of December 2005. The above information is obtained from available public records lLf\.I and we dfe only liable ft)r the cost of thE' affidavit. VERIFICATION Daniel G, Schmieg, Esquire, hereby states that he is the: Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa, C,S, Sec, 4904 relating to unsworn falsification to authorities, Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P, By: \)&-----'-S Daniel G, Schmi(:g, Esquire Attorney for Plaintiff 6 ~, ) Date: December 15, 2005 Phelan Hallinan & Schmieg, L.L.P, By: Daniel G, Schmieg, Esquire No, 62205 One Penn Center at Suburban Station 1617 JohnF, Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc, COURT OF COMMON PLEAS CIVIL DIVISION Vs, Cumberland COUNTY Carlos R. Johansson NO,05-6047-Civil CERTIFICATION OF SERVICE I, Daniel G, Schmieg, Esquire, hereby certify that a copy ofthe foregoing Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below, Carlos R. Johansson at: 3308 Enola Road Carlisle, PAl 7013 103 East Main Street, #2 Newville, PA 17241 The undersigned understands that this statement is made subject to the penalties of 18 Pa, C.S, 94904 relating to unsworn falsification to authorities, Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P, By: V~; r;,. ~~ Daniel G, Schmi(:g, Esquire Attorney for Plaintiff Date: December 15, 2005 0 ...., 0 '.-."';) C <,'c':-;) -'11 .::,-,"1 CJ ::;:l . , r'\ I fil -n " f:': m l'.) 'J 'C? c s::; ~-~) ~ , :j;: ('j Z:i "7 -';e:,' ;'11 ~ '~.J, -:-<\ r 55 r<l ,< 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 A ITORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, 8201 GREENSBORO DRNE, SUITE 350 MCLEAN, VA 22102 COURT OF COMMON PLEAS CNIL DNISION CUMBERLAND County Plaintiff vs, CARLOS R, JOHANSSON No, 05-6047 CNIL Defendants PRAECIPE TO REINSTATE CIVIL ACTIONIMORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage F losure with reference to the above captioned '\ J ~"--O,r ~ CIS S, HALLINAN, ESQUIRE NCE T, PHELAN, ESQUIRE D L G, SCHMIEG, ESQUIRE A orneys for Plaintiff matter. Date: December 15,2005 /lxh, Svc Dept. File# 126520 n (~, ,...> co;> = ,,--1"\ CJ en c-> r-.> - -c :r; Q, .-1 :X--n "(np: -.Jcq -',\ .:is~:::~ :"")..;,.,-. "',-,r) ~")rrl ~t 2)~ '-< N " (.., ..0 IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA ~ \ DEe 2 1 2005 ;J fl0 Mortgage Electronic Registration Systems, Inc, vs, CIVIL DIVISION NO,05-6047-Civil Carlos R, Johansson ORDER AND NOW, this '1" day of fcu,'){W7 , 2006! upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED, It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on the above captioned Defendant, Carlos R. Johansson, by: I, First class mail to Carlos R, Johansson at the last known address, 103 East Main Street, #2, Newville, P A 17241 and the mortgaged premises located at 3308 Enola Road, Carlisle, PA 17013; and 2, Certified mail to Carlos R. Johansson at the last known address, 103 East Main Street, #2, Newville, P A 17241 and the mortgaged premises located at 3308 Enola Road, Carlisle, PA 17013, BVTUE COUR"J '4 J, 1 t "- &\ ,~ f "P> ,'-, , , " ! " ;:1 .1'.1,.,1 ( ''''f ,'.,', ~ ,)- I!~' :;UUi. '" " . .:'}-J.L dC- 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 One ,Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS vs, : CIVIL DIVISION CARLOS R, JOHANSSON CUMBERLAND COUNTY Defendant( s) : NO,05-6047-CIVIL AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons CARLOS R. JOHANSSON at 3308 ENOLA ROAD, CARLISLE, P A 17013, 103 EAST MAIN STREET, #2, NEWVILLE, P A 17241 on JANUARY 19, 2006, in accordance with the Order of Court dated JANUARY 9, 2006. The undersigned understands that this statement is made subject to the penalties of 18 Pa, C.S, 94904 relating to unsworn falsification to authorities, Date: January 19, 2006 '--fAD'C~' /J f i , - U f- F CIS S, HALLINAN, ESQUIRE Attorn y for Plaintiff / <' .--. r -; -I ~ ~-, '. SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-06047 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS JOHANSSON CARLOS R R, Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT JOHANSSON CARLOS R but was unable to locate Him in his bailiwick, He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , JOHANSSON CARLOS R 103 EAST MAIN STREET #2 NEWVILLE, PA 17241 PER DAUGHTER, DEFENDANT LIVES IN CENTURIA, WI Sheriff's Costs: Docketing Service Not Found Surcharge So answers :.~.- 18,00 10,56 5,00 10,00 ,00 43,56 - -<,..;~/"~.. e;; . R, Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 12/05/2005 Sworn and subscribed to before me this I Lit/- day of De," ".^. L.\.r dun, tD ~ ,~~ Pr onot - SHERIFF'S RETURN - NOT SERVED CASE NO: 2005-06047 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS JOHANSSON CARLOS R R, Thomas Kline Sheriff who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: JOHANSSON CARLOS R but was unable to locate Him in his bailiwick, He therefore returns the COMPLAINT - MORT FORE NOT SERVED , as to the within named DEFENDANT , JOHANSSON CARLOS R 3308 ENOLA ROAD CARLISLE, PA 17013 PER DAUGHTER, DEFENDANT LIVES IN CENTURIA, WI, ;7 -~ Sheriff's Costs: Docketing Service Affidavit Surcharge 6,00 ,00 ,00 10,00 ,00 16,00 So answers"1>- --- X;,.-- ../~ .-z:;.::"---c~;:;;:;:.:;:;-' R, Thomas Kline Sheriff of Cumberlc{nd County PHELAN HALLINAN SCHMIEG 12/05/2005 Sworn and subscribed to before me this /I-i';)' day of [Je" ",Lv. ;lit)') A,D, Prothonotary , 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., SmTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. 8201 GREENSBORO DRIVE, SmTE 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-6047 CARLOS R, JOHANSSON 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 CARLOS R, JOHANSSON, 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 11/23/05 to 3/10/06 TOTAL $84,537,28 $1,883,20 $86,420.48 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, hVVt D G, S I ttorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED, ebh~ PRO fROTHY DATE: :5- /'-{ -01/:> .J .. (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. 8201 GREENSBORO DRIVE, SIDTE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO, 05-6047 v. CARLOS R, JOHANSSON Defendant(s), Notice is given that a Judgment in the above-captioned matter has been entered against you on 3- i'-f- 2000, B~JfrM? / DEPUTY / If you have any questions concerning this matter, please contact: ..,---------.----.--,. D~~LQ >" Attorney for Plai Iff ""-----. ONEPE ERATSUB ANSTATlON 1617 JOHN F, KENNEDY BL " SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA TlON OBTAINED WILL BE USED FOR THAT PURPOSE, IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY," PHELAN HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id, No, 32227 A TTORNEY FOR PLAINTIFF Francis S, Hallinan, Esq" Id, No, 62695 Daniel G, Schmieg, Esq" Id, No, 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION: COURT OF COMMON PLEAS SYSTEMS, INe. Plaintiff : CIVIL DIVISION Vs, : CUMBERLAND COUNTY CARLOS R, JOHANSSON Defendants : NO, 05-6047 CIVIL TO: CARLOS R, JOHANSSON 103 EAST MAIN STREET, #2 NEWVILLE, PA 17241 DATE OF NOTICE: FEBRUARY 9, 2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE,IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRuPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU, UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, P A 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, P A 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION: COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff : CIVIL DIVISION Vs, : CUMBERLAND COUNTY CARLOS R, JOHANSSON Defendants : NO, 05-6047 CIVIL TO: CARLOS R. JOHANSSON 3308 ENOLA ROAD CARLISLE, P A 17013 DATE OF NOTICE: FEBRUARY 9. 2006 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,lF YOU HAVE PREVIOUSLY RECENED 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 a" CUMBERLAND COUNTY BAR ASSOCIA nON (\ ~\ ' 32 SOUTH BEDFORD STREET (. 'U ~ CARL. ISLE,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 PIDLADELPIDA, 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, v, NO. 05-6047 CARLOS R, JOHANSSON Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G, SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended, (b) that defendant CARLOS R, JOHANSSON is over 18 years of age and resides at, 103 EAST MAIN STREET, # 2, NEWVILLE, PA 17241 . This statement is made subject to the penalties of 18 Pa, C,S, Section 4904 relating to unsworn falsification to authorities, ..,---- 7 ! 11 t>~, ESQUIRE d. IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA '\ DEe 2 7 200y Mortgage E]ectronic Registration Systems, Inc, vs, CIVIL DIVISION NO,05-6047-Civi] Carlos R. Johansson AND NOW, this ORDER '7'" day of ftU.1J a.ry , 20~ upon consideration ofP]aintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED, It is further ORDERED and DECREED that P]aintiffmay obtain service of the Complaint and a1] future pleadings on the above captioned Defendant, Carlos R. Johansson, by: ], First class mail to Carlos R, Johansson at the last known address, ] 03 East Main Street, #2, Newville, PA ] 7241 and the mortgaged premises located at 3308 Eno]aRoad, Carlisle, PA 17013; and 2. Certified mail to Carlos R. Johansson at the last known address, 103 East Main Street, #2, Newville, P A 17241 and the mortgaged premises located at 3308 Eno]aRoad, Carlisle, P A 17013, BY THE COURT: J. TRUE COFV FROM RECORD tn TNtlmony wnereot,l here unto set my haM ~nd tbe _II said ~ at CalIisIe.~(.. ~h~ ~):.~:2 '~~j~? '. i ~~ ProthonCJ18ri ~ '~--. r:0 -...J ~~)j -.... ...L.. ~ ......I e><0 \. :::, ~\ o'~ ~ _~ V""'( ~ +V4t: v h ~ (" C- , ,,',) ~ ~ , ~ "", (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. Plaintiff, v, No, 05-6047 CARLOS R, JOHANSSON Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $86,420.48 Interest from 3/1 0/06 to SEPTEMBER 6, 2006 (per diem -$14,21) $2,557,80 and Costs TOTAL $88,978,28 <' 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, .<It ~~ 'Q>;;>: ~ ~f" ~rfJ ~~ s~ ~~ o~ Up ~o u ~p p~ o ~~ e~ ~D u 'i:?~. ~~ ~... u~ Ij~ ...~ ~S ~'i ~~ 0'6 ~~ ,;, >' ~ rfJ rfJ ~ ~ ....., i. rfJ ~ U "-., " ' (J", ~ <::'\<::> t--. <;;;~ \" "", \> t ~ ~ ... .,.. D ~'E ...a ~,g. O~ .. ~~ ~&, ..J~ o"C ~i ~ u 1 .... 1<1' <'I ~ .<It ~ ~ ci ,~\. i. -k' ("-l. ~ ..: , , ~~*' ~.J ...s:,.V',~. w '\ ' .~, "" v.. 'B V'~ "'. '.," ~ <:::-, "> <:,~ ~ ~ " '< f ;- ~ , ~ " '<....... ~ ", ~~ " ~ ~ ~ ...j ,~< S. \0 ~ ~ ~ ~ '" 0) .0 ?? e '" '" g. P- O) '" ,s:. ~ ~ :a ~ ~. >~ o ......_, ,-. .--< c: DESCRIPTION ALL THAT CERT AlN lot of ground situate in Lower Frankford Township, Cwnberland County, Pennsylvania, said lot situate on the North side of Public Road leading from Enola to Roxbury, said Highway Route No, being 944, and bounded and described as follows: BEGINNING at a point in the center line of said Highway Route No, 944, which point of beginning is a comer of lands now or formerly of Albert E, Clawson and Shirley T, Clawson, his wife; thence in a westwardly direction along the center line of said Highway Route No, 544, a distance of 150 feet to a point in line of other lands, now or formerly of Ida M, Myers; thence along other lands ofthe said Myers in a northerly direction, a distance of300 feet to a point (iron pin); thence still along lands of the said Ida M, Myers in an eastwardly direction, a distance of ISO feet to a point (iron pin) in line of lands of the said Albert E, Clawson and Shirley T, Clawson, his wife; thence in a southwardly direction along lands of the latter, a distance of300 feet to a point in the center of Highway Route No, 944, the Point and Place of BEGINNING BEING the same premises which ESTHER G, HORN, now known as ESTHER G, REA and EDWARD W, REA, her husband, by Indenture bearing date October 17, 1997, and recorded October 20, 1997, in the Office of the Recorder of Deeds, in and for the County of Cumberland, Deed Book No, 166, page 287 etc" granted and conveyed unto MICHAEL L. IRVINE and SHERRl L. IRVINE, husband and wife, in fee, Being Parcel # 14-04-0383-071 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Carlos R. Johansson, adult individual, single person, by Deed from Michael L. Irvine and Sherri L. Irvine, husband and wife, dated 11-22-02, recorded 1-13-03, in Deed Book 255, page 1583, PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Michael L. Irvine and Sherri L. Irvine, husband and wife, by Deed from Esther G, Horn, now known as, Esther G, Rea and Edward W, Rea, her husband, dated 10-17-97, recorded 10-20-97, in Deed Book 166, page 287, Premises: 3308 Enola Road, Carlisle, PA 17013 f-:'i (../~ ,.' MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v, CIVIL DIVISION CARLOS R, JOHANSSON NO, 05-6047 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 ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,3308 ENOLA ROAD. CARLISLE. PA 17013. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CARLOS R, JOHANSSON 103 EAST MAIN STREET, # 2 NEWVILLE, PA 17241 2, Name and address ofDefendant(s) in the judgment: Same as above 3, Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None . 4, Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5, Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6, Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale, Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7, Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 3308 ENOLA ROAD CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA ]7105 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 ofI8 Pa, C,S, See, 4904 relating to unsworn falsification to authorities, ~ Vn'Va~ ,- QUIRE - April 3, 2006 DATE , -,~', -." Q (J) PHELAN HALLINAN AND SCHMIEG, L,L.P, By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD" SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC, CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION CARLOS R, JOHANSSON NO. 05-6047 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, ~~ C~ c ,,' ..<'.' - c.: \.,-- MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, No. 05-6047 v. CARLOS R, JOHANSSON Defendant(s). April 3, 2006 TO: CARLOS R, JOHANSSON 103 EAST MAIN STREET, # 2 NEWVILLE, PA 17241 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THA T PURPOSE, IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN A GAINST PROPERTY. * * Your house (real estate) at. 3308 ENOLAROAD. CARLISLE. PA 17013. is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 6. 2006 at 10:00 a,m, in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $86.420.48 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 SHERlFF'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, ifthe 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 fuJl amount due in the sale, To find out if this has happened, you may caJl (717) 240-6390, 4, If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe property as if the sale never happened, 5, You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you, 6, You may be entitled to a share of the money which was paid for your house, A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale, This schedule will state who will be receiving that money, The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed, 7 , You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER 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 , DESCRIPTION ALL THAT CERTAIN lot of ground situate in Lower Frankford Township, Cumberland County, Peunsylvania, said lot situate on the North side of Public Road leading from Enola to Roxbury, said Highway Route No, being 944, and bounded and described as follows: BEGINNING at a point in the center line of said Highway Route No, 944, which point of beginning is a comer oflands now or fonnerly of Albert E, Clawson and Shirley T, Clawson, his wife; thence in a westwardly direction along the center line of said Highway Route No, 544, a distance of 150 feet to a point in line of other lands, now or formerly of Ida M, Myers; thence along other lands of the said Myers in a northerly direction, a distance of300 feet to a point (iron pin); thence still along lands of the said Ida M, Myers in an eastwardly direction, a distance of 150 feet to a point (iron pin) in line oflands of the said Albert E, Clawson and Shirley T, Clawson, his wife; thence in a southwardly direction along lands of the latter, a distance of 300 feet to a point in the center of Highway Route No, 944, the Point and Place of BEGINNING BEING the same premises which ESTHER G, HORN, now known as ESTHER G, REA and EDWARD W, REA, her husband, by Indenture bearing date October 17,1997, and recorded October 20, 1997, in the Office of the Recorder of Deeds, in and for the County of Cumberland, Deed Book No, 166, page 287 etc" granted and conveyed unto MICHAEL 1. IRVINE and SHERRl L, IRVINE, husband and wife, in fee, Being Parcel # 14-04-0383-071 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Carlos R, Johansson, adult individual, single person, by Deed from Michael 1. Irvine and Sherri 1. Irvine, husband and wife, dated 11-22-02, recorded 1-13-03, in Deed Book 255, page 1583, PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Michael 1. Irvine and Sherri 1. Irvine, husband and wife, by Deed from Esther G, Horn, now known as, Esther G. Rea and Edward W, Rea, her husband, dated 10-17-97, recorded 10-20-97, in Deed Book 166, page 287, Premises: 3308 Enola Road, Carlisle, PA 17013 -,~ ( -' : x- . ......,._, c.;: L':: WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 05-6047 Civil CIVIL ACTION - LA W TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Mortgage Electronic Registration Systems, Inc, Plaintiff (s) From Carlos R, Johansson (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 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 heishe has been added as a garnishee and is enjoined as above stated. Amount Due $86,420.48 L.L.$.50 Interest from 3/10/06 to September 6, 2006 (per diem - $14,21) $2,557,80 and costs Atty's Comm % Due Prothy $1.00 Atty Paid $102,56 Plaintiff Paid Date: April 4, 2006 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name Daniel G, Schmieg, Esq, Address: One Penn Center at Snbnrban Station 1617 John F, Kennedy Bonlevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: (800) 990-9108 Supreme Court ID No, i ... Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102 (215) 563-7000 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION NO. 05-6047-CIVIL CARLOS R. JOHANSSON Defendant(s). AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certifY that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to CARLOS R. JOHANSSON on APRIL 3, 2006 & APRIL 7, 2006 at 3309 ENOLA ROAD, CARLISLE, P A 17013 & 103 EAST MAIN STREET #2, NEWVILLE, P A 17241 in accordance with the Order of Court dated JANUARY 9, 2006, The undersigned understands that this statement is made subject to the penalties of 18 Pa,C,S, 4904 relating to the unsworn falsification to authorities, By: P~HELAN LLINAN & SCHMIEG. LLP r~ DANIEL }, SCHMIEJ ESQUIRE Dated: July 28, 2006 - r I I 1 i TO: i I 7lol;dl 3'11). ..,.., 3'fIlo lJ,... 7lobO 3'1Olo '&If' 3'Mlo lJ, 7i! TO: CARLOS R. JOHANSSON 103 EAST MAIN STREET # 2 NEWVILLE, PA 17241 CARLOS R. JOHANSSON 330S ENOLA ROAD CARLISLE, PA 17013 SENDER: SENDER: TE~5~O REFEREHCE:626295S09 TE~5 ~O REFERENCE: 626295S09 2006 PS Fonn 3800 2006 RETURN I'ootago RECEIPT eo.- Foe SERVICE AoIum Aocolpt Foe AelbkAed ~ TolaI 1'a6l8gI" .39 2.40 1.85 eo.- Foo -... Aocolpt Foe __ DoIIw TaloIl'ootago .. FeN 2.40 1.85 us PaelIIa.Mce Receipt for Cet IIfIN Mall ""--~- 110 Notuoo...._._..._ us PaelII a.Mce q;: 'E;i .' . " Receipt for i~ [/7;71 ~~ ,~--.~ ~_":'1'"'''''''''_'''''~'' ? '.. ~.~.... " . "',c' ~, ~'~'. -', ' ..~"'" -' . ?1IWJ J101r... __ ?MoO, lI"IlIIo .., 3'$'...., \ TO: TO: CARLOS R. JOHANSSON 3308 ENOLAROAD CARLISLE. pA 17013 CARLOS R. JOHANSSON 103 EAST MAIN. STREET # 2 NEWVILLE, PA 17241 SENoaR: TE~S KIO SENDER: TE~S ~O REFERENCe:626295809 flEFIRINCE:626195809 Fonn 3800 RETURN ~ RECEIPT SERVICE 2005 C8rtiliedFee AoIum Aecoipl Fee __ DolNery TotaIl'ootago .. "..,. ~~Foe ~_DOH>O TaloI-.,.."..,. ~':z:,'1~ ,,'~ ) , POSTMAAK9A,b.\1E us ....... a.Mce Receipt for Certified Mall us....... a.Mce Receipt for Certl,," Mall- ;\l.\,~:>\)" , 1'1 , J, ;'1 ""'fit(/> ~N'~ '{) ;:;0'; ,,' -';"J-' ""--~- 110 Not 11oo""__" _ ""-~- 110 Not 11oo.... "............_ '~...........~-"':'" t..,-.,_~__.~._~~_~...-..-......,...-~,....."._~~ }' "l I f ! ! , , f"'<. .. ;"':'-:..':':~':~:~ ;;..~~'-';'" ::.; ~-~) -:' .-.~' -.'~' ,-,_.,....".., ~~;:;.:;_. ~.::' : ~ J.: i ~ . - '\ DEe 2 7 200~ IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA Mortgage Electronic Registration Systems, Inc, vs, CIVIL DIVISION NO,05-6047-Civil Carlos R. Johansson AND NOW, this ORDER <f; day of .::rdi."ttry , 2~ upon consideration ofPlaintifi's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED, It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on the above captioned Defendant, Carlos R. Johansson, by: 1. First class mail to Carlos R. Johansson at the last known address, 103 East Main Street, #2, Newville, P A 17241 and the mortgaged premises located at 3308 EnolaRoad, Carlisle, PA 17013; and 2, Certified mail to Carlos R. Johansson at the last known address, 103 East Main Street, #2, Newville, PA 17241 and the mortgaged premises located at 3308 EnolaRoad, Carlisle, P A 17013, BY THE COURT: J. TRUE COf'V FROM AECORt) In T IItimOtlY wh8t'eOt, there unto set my hallO ~ till 11II II sakt ~ at CariiSI8.J:;,~ fhill ~~:2 ~;j;'?'l' ~r . ProthollC'ABrt ~ o ~ :::~ < ,\ -,., PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Carlos R. Johansson No. 05-6047 Defendant 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 November 23,2005, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on March 14, 2006 in the amount of $86,420.48. 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 1 03 7(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. The Property is listed for Sheriff's Sale on December 6, 2006. 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. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through 12/06/06 Per Diem $17.60 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/BPO MIP/PMI NSF Suspense/Misc. Credits Escrow Deficit $77,868.82 9,184.50 450.72 1,250.00 860.92 0.00 1,319.76 0.00 0.00 0.00 0.00 4.3 12.38 TOTAL $95,247.10 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. 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 Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: JI / 'if txP A~~I~~p Schmieg, LLP B/ ill ff t.:x- Michele M. Bradford, Esquire Attorney for Plaintiff 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, P A 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Carlos R. Johansson No. 05-6047 Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendant 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 3308 Enola Road, Carlisle, P A 17013. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security ofthe Mortgage. In the instant case, Defendant 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 Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P .L.E., Judgments ~ 191. Stephenson v. Butts, 187 Pa.Super. 55, 59,142 A.2d 319,321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22,24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. 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 ajudgment 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. Bums, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that ifit 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 Defendant as it imputes no personal liability. In H.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 Defendant's 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 mortgagor is 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 mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. In. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. IV. 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. V. 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 often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 CPa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VI. 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 ofthe 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: il };(/O(o I I Phelan Hallinan & Schmieg, LLP By: /7~ { ~,~. ~~~, ~uire Attorney for Plaintiff Exhibit "A" PHELAN HALI.INAN & 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 MORTGAGEELECTROMC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRNE, SUITE 350 MCLEAN, VA 22102 A TIORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION ~ r---'> c= c:;> CJl _-t .< N r c') -=n =rt~ {=I1 r":": --08 ~~?: 2; ~~2 i; ~ "'" ill ,.J --I ~D -< Plaintiff TERM -"';. NO.O)~ tPOl.f7 c~(l CUMBERLAND COUNTy '--~ , :7!.: c:::> ...~: ....... v. {"o..' (..) CARLOS R. JOHANSSON 103 EAST MAIN STREET, #2 NEWVILLE, P A 17241 ":.-::-::"i .)::''=',"..:- . Defendant CIVIL ACTION - LA W COMPLAINT IN MORTGAGE FORECLOSURE NOTICE ATTORHfffIE Gut'V You have been sued in court. If you wish to defend against the claims t\.i~tlt,ving pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. ATTORNEY AlE COPY PI EASf~ Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 Ne hereby canrjv ' within to OQ a tr uc COf(ect copy of n " lriginal flied of HY.~' 1 ~ File #: 126520 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY v. CARLOS R JOHANSSON 103 EAST MAIN SlREEf, #2 NEWVILLE, P A 17241 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 ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU wrrn INFORMATION ABOUT HIRING ALA WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU wrrn INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 -He hereby c9rofy t: ~erl within to bQ a true anu correct copy of tne ri 1rig,inal filed of reCCl'L& File #: 126520 File #: 126520 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 TmRTY (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 MORTGAGEELECTRONlC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: CITlMORTGAGE, INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'F ALLON, MO 63368-2240 2. The name(s) and last known addressees) of the Defendant(s) are: CARLOS R. JOHANSSON 103 EAST MAIN STREET, #2 NEWVILLE, P A 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 11/22/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1791, Page: 2543. 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 #: 126520 6. The following amounts are due on the mortgage: Principal Balance Interest 07/01/2005 through 11/22/2005 (Per Diem $17.60) Attorney's Fees Cumulative Late Charges 11/22/2002 to 11/22/2005 Cost of Suit and Title Search Subtotal $77,868.82 2,552.00 1,250.00 180.27 $ 550.00 $ 82,401.09 Escrow Credit Deficit Subtotal TOTAL 0.00 2,136.19 $ 2.136.19 $ 84,537.28 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. The mortgage premises are vacant and abandoned. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 84,537.28, together with interest from 11/22/2005 at the rate of$17.60 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, L P / ~~.~ By: /~~S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 126520 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in Lower Frankford Township, Cumberland County, Pennsylvania, said lot situate on the North side of Public Road leading from Enola to Roxbury, said Highway Route No. being 944, and bounded and described ~ follows: BEGINNING at a point in the center line of said Highway Route No. 944, which point of beginning is a comer oflands now or formerly of Albert E. Clawson and Shirley T. Clawson, his wife; thence in a westwardly direction along the center line of said Highway Route No. 544, a distance of 150 feet to a point in line of other lands, now or formerly of Ida M. Myers; thence along other lands of the said Myers in a northerly direction, a distance of300 feet to a point (iron pin); thence still along lands of the said Ida M. Myers in an eastwardly direction, a distance of 150 feet to a point (iron pin) in line of lands of the said Albert E. Clawson and Shirley T. Clawson, his wife; thence in a southwardly direction along lands ofthe latter, a distance of300 feet to a point in the center of Highway Route No. 944, the Point and Place of BEGINNING BEING the same premises which ESTHER G. HORN, now known as ESTHER G. REA and EDWARD W. REA, her husband, by Indenture bearing date October 17, 1997, and recorded October 20, 1997, in the Office of the Recorder of Deeds, in and for the County of Cumberland, Deed Book No. 166, page 287 etc., granted and conveyed unto MICHAEL L. IRVINE and SHERRI L. IRVINE, husband and wife, in fee. PROPERTY BEING: 3308 ENOLA ROAD File #: 126520 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 belie[ 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 Pat C. S. Sec. 4904 relating to unsworn falsifications to authorities. A-~~. 1= Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: //~ / Exhibit "B" 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 PIIllADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECfRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION Plaintiff, v. NO. 05-6047 CARLOS R, JOHANSSON : t.j~ 7-:=~ \ \'.::~\~~ '-:-~ , <: \:5'\'\- V.P :'J t". .~\,~~~ PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Defendant(s). TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against CARLOS R. JOHANSSON . De~dant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service ther.$<~d for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs d~~~~llows: .......\" (;" .,.:~~ :v"'-~.~~ .~< ..~}~s~et forth in Complaint ~.... ((interest from 11/23/05 to 3/10/06 TOTAL $84.537.28 $1,883.20 $86,420.48 I hereby certify that (1) the addresses 'aftlJe Plaintiff and Defendant( s) are as shown above, and (2) that notice has b~g!~in accordance with Rule 237.1, copy attached. '," 0' ", " DAMAGES ARE HEREBY ASSESSED AS INDICA~~~ . ~ DATE: 3-1'-f:XJ~ ~ if PRO OTHY ~~=l () ":-il .-t f~~ .z:- -, '-. \-......; --~'~ ~~: c:- -'1 C) r'n :f~""!;W \.0 \.D ,~ it.::.., :.< VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. DATE: [1 /~Qp By: ~LLP Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Plaintiff vs. Carlos R. Johansson Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 05-6047 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 individual on the date indicated below. Carlos R. Johansson 103 East Main Street, #2 Newville, P A 17241-1115 DATE: / I (81 'tjp Carlos R. Johansson 3308 Enola Road Carlisle, P A 17013 By: Michele M. Bradford, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Mortgage Electronic Registration Systems, Inc. Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Carlos R. Johansson No. 05-6047 Defendant RULE AND NOW, this day of 2006, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff s Motion to Reassess Damages. Rule Returnable on the day of 2006, at . at the County Courthouse, , Pennsylvania. BY THE COURT, 1. C) (~. ::2 r-.:l C-~"'" (:) 'T1 ~ I:o f",;1 L::', t j t CJ (~_., o ....,~ I \D C) C:'l o .. OS -1..,04'1 c!;u~ L <-r~ SALE DATE: DECEMBER 6. 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC No.: CARLISLE, PA 17013 vs. CARLOS R. JOHANSSON 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: . 3308 ENOLA ROAD. As required by Pa. R.C.P. 3l29.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3l29.2(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. ,JT~,~J~ DANIEL SCHMIEG, ESQUIRE Attorney for Plaintiff November 3, 2006 .- .. ::l!Ql t'"" o>~ g or ..... ..... .....c.1IQ <> - ..... ..... ..... ..... s. C'-lc.e '" z Vl .j::. Vol N ..... 0 \0 00 --..J 0'1 Vl .j::. Vol N ..... i"~ Cb (l) '"f (l) = ~ IIQ ","", c..",= to'" )> ~ c.. ,<2, en ;:j. <> " O' "'" ~ ~ Z c: 3 0- CI) ., (gt::~g-;J 'S;5';i'a <> "";J:1.8/E ~"'Slt"'" w~., g g ~~i;'o., "'" . a :t. ill Cf.l E ;'g g. ~ = ""'0 :3 - s........., 0 ~g.g5; ~ ~}< J ~ or'~ ~ g En' g'2 ~ ~ .2 It ';;; 0 li'S o9:g~fi" ;:;~. ~ g Q.. o U) ~ ~ 0 d ~5 R ::s QJ N('ll I:f ~ ~~~:g: 0"5."1 ~~~~. & t,. :t, (; . >:' ("0 no ""., ~. S a 5- ~ 5' ~ S' a","~[ ~ '" ~'I" _, a ;;: :t. :- S. 0 0 "'-::"&1 '" "" ~ - g~ 1$ a ~. ~ ia ~. S'li'al> .gg8[ :t. tT1 It [~g ~ ~'a g'~ ~ ~ <:;' '" " fl. 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(~/~~0 I e,'l '\ ~ ~ '" ~ <l-""'POs,~ IXv. __ . /,-..!:> ~ ' ',- ----- : ~ <<Z': ~.::!:'.. - . Z .......... PITNEY BOVII'ES . :;) 950 02 1A $ 00. . . 0004309825 APR 03 2006 . -..,.( MAILED FROM ZIP CODE 19103 I I I I I I I I I I C? c.... ~ g:: ~. ....~-- i7t .-\ :J~ 'Jl G'fr'l \ ci' ~ Q -;.... :)~ '- :A ';lh :~ - -l NOV 13 2006 ~ 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Mortgage Electronic Registration Systems, Inc. Court of Common Pleas Plaintiff Civil Division VS. Cumberland County Carlos R. Johansson No. 05-6047 Defendant ORDER AND NOW, this L8" day of tJ(f~ , 2006 the Prothonotary is ORDERED to amend the judgment in this case as follows: Principal Balance Interest Through 12/06/06 Per Diem $17.60 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/BPO MIPIPMI NSF Suspense/Misc. Credits Escrow Deficit $77,868.82 9,184.50 450.72 1,250.00 860.92 0.00 1,319.76 0.00 0.00 0.00 0.00 4,312.38 TOTAL $95,247.10 Plus interest from 12/06/06 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BYTfffi co: J J. 126520 :::0- r--- fi ~ C\J tuQ - -:> - C)~ Qa ~ u~ LJ-if; ooq: a C):5 6li? Q) ;'.. >::: N .~~ l..lJ CL ...) EEiE ~ HjaJ 0 :zo: COo.; ~ .....0 ~ ~ .::5 Q COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Fannie Mae is the grantee the same having been sold to said grantee on the 26th day of December A.D., 2006, under and by virtue of a writ Execution issued on the 4th day of April, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 6047, at the suit of Mortgage Electronic Registration Systems Inc against Carlos R Johansson is duly recorded in Deed Book No. 278, Page 532. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ G day of O-ec- , A.D. 2w 6 ~~ Rtor:lft1Ir of DeeclI, CumbenInd Ccully CIrIIII PA My 0anuI.... ~Ile FIr8t t.tonctaY of JIn. 20,0 Recorder of Deeds Mortgage Electronic Registration Systems, Inc. VS Carlos R. Johansson In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-6047 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Carlos R. Johansson, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale, and Description as NOT FOUND, as to the defendant, Carlos R. Johansson. The defendant has moved as per the Newville Post office. Defendant did not let a forwarding address with the post office. Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on July 3,2006 at 1:51 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Carlos R. Johansson located at 3308 Enola Road, Carlisle, Pennsylvania 17013 according -to law. 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 \:)eC!., O~, 2006 at 10:00 o'clock A.M. He sold the same for the sum of$1.00 to attorney Daniel G. Schmeig on behalf of Fannie Mae. It being the highest bid and best price received for the same, Fannie Mae of 1900 Market Street, Suite 800, Philadelphia, PA 19103, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $2025.32. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Levy Surcharge Postpone Sale Law Journal Patriot News 30.00 39.71 15.00 15.00 30.00 10.00 .50 1.00 21.12 15.00 20.00 20.00 916.00 808.18 Share of Bills Distribution of Proceeds Sheriffs Deed 19.31 25.00 39.50 $2,025.32 So~~e>. ~,..' ~~II:?e"~< ~.l: , . R. Thomas Kline, Sheriff j ,01 \,,11I o~ ~e#\ ~ do 00 .p '!P' /0 \.!:> flql(; 1f5w 10\ e-\l; 'If IB'1 P / ~ ,.. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION CARLOS R, JOHANSSON NO. 05-6047 Defendant(s ). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC.. Plaintiffin the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .3308 ENOLA ROAD. CARLISLE. P A 17013 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CARLOS R, JOHANSSON 103 EAST MAIN STREET, # 2 NEWVILLE, PA 17241 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 .I / . f 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 3308 ENOLA ROAD CARLISLE, PA 17013 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 of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. April 3. 2006 DATE QUmEa L Z :[ d L - HdV qOOZ Vd 'AlhllUj ON'rIH38WfK) .:l.:iIB3HS 3Hl .:10 3JI.:l.:l0 . - 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 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION CARLOS R, JOHANSSON NO. 05-6047 Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premise~ 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. L l :E d L - HdV qUOl Vd 'A1HflUJ UN 'rJ -IH38~f1:) :.f.:l1~3HS 3Hl :30 381.:L:W MORTGAGE ELECTRONlCREGISTRATIO:N SYSTEMS, INC. . .. cuMBERLAND COUNTY Plaintiff, No. 05-6047 v. CARLOS R, JOHANSSON Defendant(s). April 3, 2006 TO: CARLOS R, JOHANSSON 103 EAST MAIN STREET, # 2 NEWVILLE, P A 17241 **THIS FIRM IS A DEBT COLLECTOR A1TEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A UEN AGAINST PROPERTY." Your house (real estate) at . 3308 ENOLA ROAD. CARLISLE. P A 17013. is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of 586.420.48 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (the mortgagee) against you. fu 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 aD. 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. Y ou m~y be able to petition the Court to set aside the sale if the bid price was gross!y ~_ 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 accorc:iance 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 TIDS 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, P A 17013 (717) 249-3166 ~ DESCRIPTION AIL THAT CERTAIN lotol groUfid situate'iD.Lower Fmnkford Township,CUmberlatid County, PennsYlvania., said lot situate on the North side of Public Road leading from ,Enola to Roxbury, said Highway :I{oute No. being 944, and bounded and described as follows: BEGINNING at a point in the center line of said Highway Route No. 944, which point of beginning is a comer of lands. now or formerly of Albert E. Clawson and Shirley T. Clawson, his wife; thence in a westwardly direction along the center line of said Highway Route No. 544, a,distance of 150 feet to a point in line of other lands, now or formerly of Ida M. Myers; thence along other lands of the said Myers in a northerly direction, a distance of 300 feet to a point (iron pin); thence still along lands of the said IdaM. Myers in an eastwardly direction, a distance of 150 feet to a point (iron pin) in line of lands of the said Albert E.. Clawson and Shirley T. Clawson, his wife; thence in a southwardly direction along lands of the latter, a distance of 300 feet to a point in the center of Highway Route' No. 944, the Point and Place ofBEGINNlNG BEING the samepremises which ESTHER G. HORN, now known as ESTHER G. REA and EDWARD W. REA, her husband, by Indenture bearing date October 17, 1997, and . recorded October 20,1997, in the Office of the Recorder of Deeds, in and for the County of Cumberland, Deed Book No. 166, page 287 etc., granted and conveyed unto MICHAEL L. IRVINE and SHERR! L. lRVINE, husband and wife, in fee. Being Parcel # 14-04-0383-071 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Carlos R Johansson, adult individual, , single person, by Deed from Michael L. Irvine and Sherri L. Irvine, husband and wife, dated 11-22-02, recorded 1-13-03, in Deed. Book 255, page 1583. PIDORDEEDINFORMATION TITLE TO SAID PREMISES IS VESTED IN Michael L. Irvine and Sherri L. Irvine, husband and wife, by Deed from Esther G. Horn, now known as, Esther G. Rea and Edward W. Rea, her husband, dated 10-1 7-97, recorded 10~20-97, in Deed Book 166, page 287. " . ' Premises: 3308 Enola Road, Carlisle, P A 17013 WRIT OF EXECUTION aridTor ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 05-6047 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 Carlos R. Johansson (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) 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 $86,420.48 L.L.$.50 Interest from 3/10/06 to September 6, 2006 (per diem - $14.21) $2,557.80 and costs Atty's Comrn % Due Prothy $1.00 Atty Paid $102.56 Plaintiff Paid Date: April 4, 2006 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name Daniel G. Schmieg, Esq. Address: One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: (800) 990-9108 Supreme Court ill No. . ,.J) ~ ~ ~ Real Estate Sale # 07 On May 03, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Lower Frankford Township, Cumberland County, PA Known and numbered as 3308 Enola Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 03, 2006 By: JtJ cLy JWliiJ, Real Estate Sergeant QZ :( d L- HdV 9001 V'd ')..lHno:), ; ,. .:/.:I1~3HS 3H~/"} 1~38!4n;) .:10 33 [j.:J 0 ".Ii ttf' THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever Since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S ALE #7 ,.... ; CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ..~.. 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 July and the 2nd day(s) of August 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#7 ..... ............... 'ENNSYL,YANIA . . I Nota a public Terry L ~llss<:~I, NotaIY, eounty . Of Harnsburg, ~auphin 6 2010 , ExpIres June . y\vania Association of Notaries CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ,1',';" ~_~1-'I' .1'~ ., I, :';/i- ,'.,., j' ~ .:> ~, . I 'f.:; ',. i:" PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: July 21, July 28, and August 4,2006 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. -- o AND SUBSCRIBED before me this day of August. 2006 NOT ARIA SEAL LOIS E. SNYDER, Notary Public Cartisle Boro, Cumberland County l My Commission Expires March 5, 2009 ....- REAL ESTATE SALE NO. 7 Writ No. 2005-6047 Civil Mortgage Electronic Registration Systems, Inc. vs. Carlos R. Johansson Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN lot of ground situate in Lower Frankford Town- ship, Cumberland County, Pennsyl- vania., said lot situate on the North side of Public Road leading from Enola to Roxbury, said Highway Route No. being 944, and bounded and described as follows: BEGINNING at a point in the cen- ter line of said Highway Route No. 944, which point of beginning is a comer of lands now or formerly of Albert E. Clawson and Shirley T. Clawson, his wife; thence in a west- wardly direction along the center line of said Highway Route No. 544, a distance of 150 feet to a point in line of other lands, now or formerly of Ida M. Myers; thence along other lands of the said Myers in a north- erly direction, a distance of 300 feet to a point (iron pin); thence still along lands of the said Ida M. Myers in an eastwardly direction, a dis- tance of 150 feet to a point (iron pin) in line of lands of the said Albert E. Clawson and Shirley T. Clawson, his wife; thence in a southwardly direction along lands of the latter, a distance of 300 feet to a point in the center of Highway Route No. 944, the Point and Place of BEGIN- NING. BEING the same premises which ESTHER G. HORN, now known as ESTHER G. REA and EDWARD W. REA, her husband, by Indenture bearing date October 17, 1997, and recorded October 20, 1997, in the Office of the Recorder of Deeds, in and for the County of Cumberland, Deed Book No. 166, page 287 etc., granted and conveyed unto MI- CHAEL L. IRVINE and SHERR! L. IRVINE, husband and wife, in fee. Being Parcel # 14-04-0383-071. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Carlos R. Johansson. adult individual, single person, by Deed from Michael L. Irvine and Sherri L. IrvIne, husband and wife, PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Michael L. Irvine and Sherri L. Irvine, husband and wife, by Deed from Esther G. Hom, now known as, Esther G. Rea and Ed- ward W. Rea, her husband, dated 11'\ ....., n'"7 _.............._....1.....::1 1 r\ l"lIn n..,. .!_ PROOF OF PUBLICATION OF NOTICE INCUMrnERLANDLAWJOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VlZ: October 20, October 27 and November 3, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland 'Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. o AND SUBSCRIBED before me this day of November. 2006 ~ SEAl. LOIS E. SNYDER. Notary Public Carlisle Boro. Cumberland County My Commission Expires March 5. 2009 REAL ESTATE SALE NO. 7 CONTINUED FROM SEPTEMBER 6. 2006 Writ No. 2005-6047 Civil Mortgage Electronic Registration Systems, Inc. vs. Carlos R. Johansson Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN lot of ground situate in Lower Frankford Town- ship, Cumberland County, Pennsyl- vania, said lot situate on the North side of Public Road leading from Enola to Roxbury, said Highway Route No. being 944, and bounded and described as follows: BEGINNING at a point in the cen- ter line of said Highway Route No. 944. which point of beginn1ng is a comer of lands now or formerly of Albert E. Clawson and Shirley T. Clawson, his wife; thence in a west- wardly direction along the center line of said Highway Route No. 544, a distance of 150 feet to a point in line of other lands, now or formerly of Ida M. Myers; thence along other lands of the said Myers in a north- erly direction, a distance of 300 feet to a point (iron pin); thence still along lands of the said Ida M. Myers in an eastwardly direction, a dis- tance of 150 feet to a point (iron pin) in line of lands of the said Albert E. Clawson and Shirley T. Clawson, his wife; thence in a southwardly direction along lands of the latter, a distance of 300 feet to a point in the center of Highway Route No. 944, the Point and Place of BEGIN- NING. BEING the same premises which ESTHER G. HORN. now known as ESTHER G. REA and EDWARD W. REA, her husband, by Indenture bearing date October 17, 1997, and recorded October 20, 1997, in the Office of the Recorder of Deeds, in and for the County of Cumberland, Deed Book No. 166, page 287 etc., granted and conveyed unto MI- CHAEL L. IRVINE and SHERR! L. IRVINE, husband and wife. in fee. Being Parcel # 14-04-0383-071. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Carlos R. Johansson, adult individual, single person, by Deed from Michael L. Irvine and Sherri L. Irvine, husband and wife. dated 11-22-02, recorded 1-13-03, in Deed Book 255, page 1583. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Michael L. Irvine and Sherri L. Irvine, husband and wife. by Deed from Esther G. Hom, now known as, Esther G. Rea ~nr1 VA