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HomeMy WebLinkAbout05-6057 PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. OS' - ~o':;7 C;CJ;L~&h[ v. CUMBERLAND COUNTY TIFF ANI M. STONER MICHAEL STONER 12 ADAMS STREET ENOLA, PA 17025 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and ajudgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LA WYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES 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 #: 126386 File #: 1263&6 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2. The name(s) and last known address(es) of the Defendant(s) are: TIFF ANI M. STONER MICHAEL STONER 12 ADAMS STREET ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) ofthe property hereinafter described. 3. On 02/25/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1855, Page: 1193. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 126386 ~ 6. The following amounts are due on the mortgage: Principal Balance Interest 05/01/2005 through 11/22/2005 (Per Diem $13.06) Attorney's Fees Cumulative Late Charges 02/25/2004 to 11/22/2005 Cost of Suil and Title Search Subtotal $79,457.13 2,690.36 1,250.00 129.15 $ 550.00 $ 84,076.64 Escrow Credit Deficit Subtotal 0.00 604.75 $ 604.75 TOTAL $ 84,681.39 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 84,681.39, together with interest from 11/2212005 at the rate of$13.06 per diem to the date ofJudgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN Ij!U.LINAN & SCHMIEG, LLP . J~~+' ;11. 9f?JL~U"- By: Is/Francis S. Hallinan LAWRENCE T. PHELAN. ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: l263g6 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated August 21,1976, as follows: BEGINNING at the southeast corner of a 12 foot wide alley and West Adams Street; thence along the south side of West Adams Street, North 78 degrees 30 minutes East, 25 feet to a corner of premises known as lOWest Adams Street; thence along said premises and passing through the center of a partition wall, South II degrees 30 minutes East, 150 feet to a point on the north side of a 12 foot wide alley; thence along the same, South 78 degrees 30 minutes West, 25 feet to a point on the east side of the first said 12 foot wide alley; thence along the same, North 11 degrees 30 minutes West, 150 feet to the point and place of BEGINNING. HAVING THEREON ERECTED a two and one-half story frame dwelling known as 12 W. Adams Street, Enola, Pennsylvania. UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions, reservations, conditions and rights-of-way of record. BEING THE SAME PREMISES which Timothy M. Osman and Shari A. Osman, husband and wife, by Deed dated March 30, 2001, and recorded AprilS, 2001, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 242, Page 270, granted and conveyed unto Patrick S. Najdek, married person. Jennifer E. Najdek, wife of Patrick S. Najdek, joins in this conveyance to divest all right, title and interest in said property. PROPERTY BEING: 12 ADAMS STREET File #: 126386 . . 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 alIowed 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. . q-~ ::: 7-JL Francis S. Hallinan, Esquire Attorney for Plaintiff DATE:~ 0 .(Q g ;d C) ~ If( r~ ... ,-;., t n lr'( ~ - -::.-~ ~> -I .'_..- - ~ if\. :>' ~ li"- \} C-:-J - <A -J .' w ..t:: "\'" -- V ~ r- t",,; .-.,~ F- e: ~ .~------- SHERIFF'S RETURN - REGULAR CASE NO: 2005-06057 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTSRAT VS STONER TIFFANI M ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STONER TIFFANI M the DEFENDANT at 1657:00 HOURS, on the 2nd day of December, 2005 at 12 ADAMS STREET ENOLA, PA 17025 by handing to MICHAEL STONER, HSUBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 14.40 .00 10.00 .00 42.40 ,.' ,"/ /:- ~);:::.~!f;y .' /:::::~'/ >':"'~~.R R. Thomas Kline 12/05/2005 PHELAN HALLINAN SCHIVJIEG A.D. Sworn and Subscribed to before me this ,I LltJ, day of y SHERIFF'S RETURN - REGULAR .~ CASE NO: 2005-06057 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTSRAT VS STONER TIFFANI M ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STONER MICHAEL the DEFENDANT , at 1657:00 HOURS, on the 2nd day of December, 2005 at 12 ADAMS STREET ENOLA, PA 17025 by handinc:r to MICHAEL STONER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Aft idavi t Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ".,~- o,;,-:..t;!l R. Thomas Kline 12/05/2005 PHELAN HALLINAN SCHI>I!IEG Sworn and Subscribed to before By: epu~ me this A.D. day of y PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215\ 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, V A 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-6057 CIVIL TERM TIFF ANI STONER MICHAEL STONER 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 TIFF ANI STONER and MICHAEL STONER, 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 1/24/06 TOTAL $84,681.39 $822.78 $85,504.17 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ,~~;j J~~ DANIEL G. SCHMIEG, ES<1UIRE Attorney for Plaintiff DAMAGF$AREHEREBY ASSFSSFDASTNDTCATED. i ~.' _ .. DA TE:_ h) 2. S; ~c>oI- ~!O? _' PROP THY . ~ PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-6057 CIVIL TERM TIFFANI STONER MICHAEL STONER 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 TIFFANI STONER is over 18 years of age and resides at, 12 ADAMS STREET, ENOLA, PA 17025. (c) that defendant MICHAEL STONER is over 18 years of age, and resides at , 12 ADAMS STREET, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.s. Section 4904 relating to unsworn falsification to authorities. 1fwvwJjIJ~ DANIEL G. SCHMIEG, ESQtTIRE Attorney 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 (?1 ,) '1>1-7000 MORTGAGE ELECTRONIC REGISTRATION: COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY TIFF ANI M. STONER MICHAEL STONER : NO. 05-6057 CIVIL TERM Defendants TO: MICHAEL STONER 12 ADAMS STREET ENOLA, PA 17025 DATE OF NOTICE: OFf'EMRER 28.2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN. AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 ~1 .J /1+c..16.~'1 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq.. Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (? 1)) )01-7000 MORTGAGE ELECTRONIC REGISTRA nON : COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY TIFFANI M. STONER MICHAEL STONER Defendants : NO. 05-6057 CIVIL TERM TO: TIFFANI M. STONER 12 ADAMS STREET ENOLA, PA 17025 DATE OF NOTICE: DF:(,FMRFR 2M 200<; 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 LA WYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 /!, v 1/ I IN ;J;uV"'..,U1 A. tt'~ FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff eAJ ~ 4Q. s-- It- II ~ ~ _ ~ 8 ~ ~ __ I j l'" .... ['ILl llJ w ~ r-- f--'~ ~ ~ r-- -J:- , r , , ,. _ , ~ i i .~" (n'l ___ '; ,J j Co .~--' \,;) --<... (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, SillTE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 05-6057 CIVIL TERM v. TIFF ANI STONER MICHAEL STONER Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on Jd.-0 ~S 200 fc,.. By: If you have any questions concerning this matter, please contact: ~cvvd JlJ~~ DANIEL G. SCHMIEG, ESl'jUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ..THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE 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'. , . . P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, No. 056057 CIVIL TERM v. TIFF ANI STONER MICHAEL STONER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $85,504.17 Interest from 1124/06 to JUNE 7, 2006 (per diem -$14.06) $1,884.04 and Costs TOTAL $87,388.21 fX~ Jj .~~iRE DANIEL G. SCHMIEG, ESQ One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. fr: <'- I- e I..lJ--j< Q(~) H-:J: (:5(; 66: '::Jw- _._tLl u-f!= l.1.- o ~~ o~ rn;;- <...l ...;;... S:rn ZZ OZ ~g: ~ . O~ UZ ~~ 00 ""u ,,~ ~~ Sea ~... 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(J . . , DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated August 21, 1976, as follows: BEGINNING at the southeast comer ofa 12 foot wide alley and West Adams Street; thence along the south side of West Adams Street, North 78 degrees 30 minutes East, 25 feet to a comer of premises known as I 0 West Adams Street; thence along said premises and passing through the center of a partition wall, South II degrees 30 minutes East, 150 feet to a point on the north side of a 12 foot wide alley; thence along the same, South 78 degrees 30 minutes West, 25 feet to a point on the east side ofthe first said 12 foot wide alley; thence along the same, North II degrees 30 minutes West, 150 feet to the point and place of BEGINNING. HAVING THEREON ERECTED a two and one-half story frame dwelling known as 12 W. Adams Street, Enola, Pennsylvania. UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions, reservations, conditions and rights-of-way of record. BEING THE SAME PREMISES which Timothy M. Osman and Shari A. Osman, husband and wife, by Deed dated March 30, 200 I, and recorded April 5, 200 I, in the Office ofthe Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 242, Page 270, granted and conveyed unto Patrick S. Najdek, married person. Jennifer E. Najdek, wife of Patrick S. Najdek,joins in this conveyance to divest all right, title and interest in said property. Being Parcel # 09-16-1050-021 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Tiffani M. Stoner and Michael Stoner, husband and wife, by Deed from Patrick S. Nqidek and Jennifer E. Najdek, husband and wife, dated 2-20-04, recorded 2-27-04, in Deed Book 261, page 4244. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Patrick S. Najdek, married person, by Deed from Timothy M. Osman and Shari A. Osman, husband and wife, dated 3-30-01, recorded 4-5-01, in Deed Book 242, page 270. PREMISES BEING: 12 ADAMS STREET, ENOLA, P A 17025 WRIT OF EXECUTION and/or A 1'1' ACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 05-6057 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt. inlerest and costs dne MORTGAGE ELECTRONIC REGrSTRA TION SYSTEMS,INC., Plaintiff (s) From TIFFANI STONER AND MICHAEL STONER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $85,504.17 L. L. $.50 Interest FROM 1/24/06 TO 1/7/06 (PER DIEM - $14.06) - $1,884.04 AND COSTS (PER DIEM- $14.06) - $1,884.04 AND COSTS Atty's Cornm Atty Paid $140.40 Plaintiff Paid Date: JANUARY 31, 2006 % Due Prothy $1.00 Other Costs f. (Seal) Prothonota~ . /' By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Comt ID No. 62205 PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., 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 TIFFANI STONER MICHAEL STONER NO. 056057 CIVIL TERM Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage () non-owner occupied () vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. JY~ Jj J~ DANIEL G. SCHMIEG, ESQ~ Attorney for Plaintiff (') c::~ , ...., "'-"> 1:;: , ~ .> 0" o -n -l I rn:!J r- -orn ::~JCi ,", ~ ~~C) ?j:f( :.:'?r") i5 ~" 'c-l >' :D -< '- :t:;... :;;: w '"'" ::r.: .t.- I.D < -~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION TIFFANI STONER MICHAEL STONER NO. 056057 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the folIowing information concerning the real property located at .12 ADAMS STREET. ENOLA, P A 17025 . 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TlFFANI STONER 12 ADAMS STREET ENOLA, PA 17025 MICHAEL STONER 12 ADAMS STREET ENOLA, PA 17025 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) SECRETARY OF HOUSING AND URBAN DEVELOPMENT SINGLE FAMILY NOTES BRANCH 451 SEVENTH STREET SOUTHWEST WASHINGTON, DC 10410 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) THE TOWNSHIP OF EAST PENNSBORO 98 SOUTH ENOLA DRIVE ENOLA, PA 17525 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 12 ADAMS STREET ENOLA, PA 17025 Domestic Relations of Cumberland County I3 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 30. 2006 DATE ,~~ .Jj .J~~ DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff o (:-~ .-' c:? <~:~.:) C" -.:.'}' '- :;::Ji"" .-t'" - ,..^' - ;,.,', L _ ~/ '~:j :-(' o ~n :?,...,... r-r\r:: ...01'\....... ~).)C'? :?~~~" ,,:OJ .,,0 ,')f<' ~i P' :.;::' ~ - .r. .,p MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, CUMBERLAND COUNTY No. 056057 CIVIL TERM v. TIFFANI STONER MICHAEL STONER Defendant(s). January 30,2006 TO: TIFFANI STONER 12 ADAMS STREET ENOLA, PA 17025 MICHAEL STONER 12 ADAMS STREET ENOLA, PA 17025 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. " Your house (real estate) at ,12 ADAMS STREET, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on JUNE 7, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $85,504.17 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only ifthe buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) DESCRIPTION ALL THAT CERTAIN tract or parcel ofland and premises, situate, lying and being in the Township of East Pennsboro, in the County of Cumberland, and Commonwealth of Pennsylvania, more particularly described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated August 21,1976, as follows: BEGINNING at the southeast comer ofa 12 foot wide alley and West Adams Street; thence along the south side of West Adams Street, North 78 degrees 30 minutes East, 25 feet to a comer of premises known as 10 West Adams Street; thence along said premises and passing through the center of a partition wall, South 11 degrees 30 minutes East, 150 feet to a point on the north side of a 12 foot wide alley; thence along the same, South 78 degrees 30 minutes West, 25 feet to a point on the east side of the first said 12 foot wide alley; thence along the same, North II degrees 30 minutes West, 150 feet to the point and place ofBEGlNNING. HAVING THEREON ERECTED a two and one-half story frame dwelling known as 12 W. Adams Street, Enola, Pennsylvania. UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions, reservations, conditions and rights-of-way of record. BEING THE SAME PREMISES which Timothy M. Osman and Shari A. Osman, husband and wife, by Deed dated March 30, 2001, and recorded AprilS, 2001, in the Office ofthe Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 242, Page 270, granted and conveyed unto Patrick S. Najdek, married person. Jennifer E. Najdek, wife of Patrick S. Najdek, joins in this conveyance to divest all right, title and interest in said property. Being Parcel # 09-16-1050-021 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Tiffani M. Stoner and Michael Stoner, husband and wife, by Deed from Patrick S. Najdek and Jennifer E. Najdek, husband and wife, dated 2-20-04, recorded 2-27-04, in Deed Book 261, page 4244. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Patrick S. Najdek, married person, by Deed from Timothy M. Osman and Shari A. Osman, husband and wife, dated 3-30-01, recorded 4-5-01, in Deed Book 242, page 270. PREMISES BEING: 12 ADAMS STREET, ENOLA, PA 17025 ~ \._~ d' ,- ~.~ ..,...... ,p .- ';:.:. ..~ ,,( q. ~e -("\1:1:' ..\,0 ;?,,~- -.Y;' ,...,\ (y'" ,,_;_,.c~ el" .0.\ ;,;- 3. ?. -:;J.. .- .- .- ~. ..p '. AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS, INC. PMB No. 056057 CIVlL TERM DEFENDANT(S) TIFF ANI STONER MICHAEL STONER ACCT. #1969224015 SERVE MICHAEL STONER AT 12 ADAMS STREET ENOLA, PA 17025 Type of Action - Notke of Sheriff's Sale Sale Date: JUNE 7, 2006 SERVED Served and made known to J!1 ich4 t,/ St()l"l~I . Defendant, on the 14 ~j, ,2001. at 7::J. , ,o'c1ockj?m.. al /J f\ JCl,,",S 5'+- tho Ic:;fr+ no,9 s- dayof flbruo,,'j , Commonwealth of Pennsylvania, in the manner described below: 0(., Defendanl personally served. , Adull family memberwitb whom Defendant(s) reside(s). Name and Relationship is U.F<- Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place o[]odging in whieh Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of bus mess. _ an officer of said Defendant(s)'s company. Olher: Description: Age;}~.Jg Height..l':.L'.. Weighl.lb- Race -""-- Sex -L Other I, JI';, <; 1"1, F /1 ,Or _' a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the: date and at the address indicated above. , NOT SERVED On the day of , 200~ at o'c1ock _.m., Defendant NOT F'OUND because: Moved Unknown No Answer Vacant 151 Attempt: / ! Time: 2nd Attempt: ! ! Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: --v Attornev for Plaintiff Daniel G. Sehmieg, Esquire -1.D. No. 62205 1 ~) I ~ 0 " - " AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY PMB No. 056057 CIVIL TERM DEFENDANT(S) TlFFANI STONER MICHAEL STONER ACCT. #1969224015 SERVE TIFFANI STONER AT 12 ADAMS STREET ENOLA, PA 17025 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 7, 2006 SERVED Served and made known to ~lro../I~ 5f",,<.< , Defendant, on the I '1 ll1 dayof Fcb."v,,""1 . 2oo.!!" . at 7;;;n , o'c1ockt.m., at "" Adam" S+- rn~l" 9A nOdS" , Commonwealth of Pennsylvania, in the manner described below: ~ Defendant personalIy served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. ____Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Ag~ Height ~ Weight -4lL Race J.>-L- Sex L-- Other I, . \ c; <;'(/Vl t:"J j.~ (' , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and s~ ~~;;' thiSgo~~j, / / , t(.r"L [V'J No ry, -zt:(;,'b~ ~/J~~<l--"BY EA!lI9~l}'nRl/PT ~ERVICE AT LEA T 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. State ot \'~ew Jcrs2, , PATRICii\E H\R:'J? OOB NOT SERVED Commission Expires June ,6,2 On the day of ,200_, at o'c1ock _.m, Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1" Attempt: / I Time: 2nd Attempt: I / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this ~ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire -J.D. No. 62205 '2 ~I ,J \ t:- ) ......\ ';'-- " ,:.; i\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC . Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DMSION TIFFANI STONER MICHAEL STONER Defendant(s). NO. 056057 CML TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUIRE, attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC hereby verifies that on JANUARY 30,2006 true and correct copies of the Notice of Sheriff's Sale were served by certificate of mailing to the recorded lienholder(s) and any known interested party. ~ ~ -"- ~ ~L G. SCHMIEG, ESQ Attorney for Plaintiff Date: JULY 25, 2006 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. 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"5!. n E. ll~ I I I I I I I I I I II o>~ ....Q.~ rJ'.)Q.8 tD ... tD = ~ ~ Q.fIl= ~ Q. ~-~>-c g;~o~ I\)-J~t-< go..... :> -g:g.~Z j:.i' "Tj () ~ . . g >-c~..... :>~~r< -SI\)t::l \Oo.....L, -o..CI):> 0'< s:: Z ~tpO" ;;;ga.~ -.......1\) J:>.o::s ;"'~CI)CI) Op..S'() ~ g.~ "l:lCl)::S = E. ~fb 0 ~- t-- .&:>. . o r< trl 0 . ~ :c ~ - C/) 0':"'. '"" --.i r'-~~ i ,...~,~'; G-, ['" COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Chase Home Finance LLC is the grantee the same having been sold to said grantee on the 6th day of Sept A.D., 2006, under and by virtue of a writ Execution issued on the 11 day of lan, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 6057, at the suit of Mortgage Elec Reg Systems Inc against Tiffani Stoner & Michael is duly recorded in Deed Book No. 277, Page 2886. IN TESTIMONY WHEREOF, I have hereunto set my hand /.,e(" and seal of said office this.J day of /Vou~.6.Q~ , A.D. ;2f1tJ' ~}y ~ otDetds, Cumberland County, CItIisIe, PA M1 ~ It &pRe fie Fill Monday 01_ 2010 Recorder of Deeds it \ Mortgage Electronic Registrations System, Inc. VS Tiffani Stoner and Michael Stoner The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-6057 Civil Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 02, 2006 at 05:48 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Tiffani Stoner and Michael Stoner, by making known unto Michael Stoner, personally and husband of Tiffani Stoner, at 12 Adams Street, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 05, 2006 at 2:00 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 Tiffani Stoner and Michael Stoner located at 12 Adams Street, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Tiffani Stoner and Michael Stoner by regular mail to their last known address of 12 Adams Street, Enola, P A 17025. These letters were mailed under the date of April 03,2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 06, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Daniel Schmieg for Chase Home Finance, LLC. It being the highest bid and best price received for the same, Chase Home Finance, LLC 3415 Vision Drive, Columbus, OH 43219, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$I,249.26. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Levy $30.00 24.49 15.00 15.00 30.00 10.00 .50 1.00 26.40 15.00 Surcharge Postpone Sale Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed So Answers: R. Thomas Kline, Sheriff BY Real Estate Sergeant 30.00 20.00 497.00 450.80 19.57 25.00 39.50 $1,249.26 ,,/ }lJ,}t}Jtx, cp- ~ 3b~~ ~'O. J. .'0 Gt fj- (. :J 'j { fr!u" I PllJO I f .. .' THE PATRIOT NEWS THE SLTNDAY 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 smce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday! Metro editions which appeared in the 19th and 26th day(s) of April and the 3rd day(s) of May 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this staternent 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 #32 , CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 REAL ESTATE SALE No. 32 WrIt No. Jill .., CIvIl Term Mortgage ElK...... A.IIIL.4IILn SyIdIIIM, Inc. VS Tlffant StoI.-._ Michael Stoner Attorney DM1e18chmteg DESCRIPTION =.AU...~.lI.... '~.'.1. .......U.....~-......;.,..t: y,... '..................... .... of III . ....., ,of .'- .... ~ with a SlIl.Ve}}lIIId plan thereof_ tlf!.amest J. WaIkfr, Prohsional F.ugineeri- August 21, 1976, as follows: . BEGINNING 8l die Soulbeast comer of.a 12 foot wide alley lIIId West Adams Street; thence along the South side of West Adams Street, North 78 degrees 30 mi1luIes", 25 feet to a comer of premises known as 10 West Adams Street; thence along said premises and pusiDg through the center of a partition waI1, South 11. degrees 30 minutes East, 150 feet to a point OIl the North side of a 12 foot wide alley; thence along the same, SOIIlh 78 degrees 30 minutes West, 25 feet to a point on the East side of the first said 12 foot wide alley; tbence a100g the same, NlXth II degrees 30 miDutes West, 150 feet to the pointlllld place of BEGINNING. HAVING THEREON ERECrED a two and ooo-half story frame dwe.IIiDg known as 12 W Adams Street, EooIa, ~ylVlDia. UNDER AND SUBJECT, oever-theless, to easements, restrictions, reservations, conditions and rights-of-way of record. BEING THE SAME PREMISES which Tunothy M. Osman lIIId Shari A. Osman, husband lIIId wife, by Deed dated March 30, 2001, and recorded April 5, 2001, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 242, Page 270, granted lIIId conveyed unto Palrick S. Najdek, married penon. Jennifer E. Najdek, wife of Patrick S. Najdek. jom in this conveyance to divest all right. title and interest in said ~. BEING PARCEUJ09-1{)..1050-021 TITLE TO SAID PREMISES is vested in Ttffani M. Stoner lIIId Michael Stoner, husband and wife, by Deed from Patrick S. Najdek and Jennifer E. Najdek, husbaod and wife, dated 'JJ11.l/ 04, recorded 2127104, in Deed Boot 261, page 4:zM. . TITLE TO SAID PREMISES is vested in Patrick S. Najdek, married person, by Deed from TlIJ10lhy M. Osman aDd ShIrl A Oman, busbIInd and wife, dataBl3OO1. n:cuded 415~1, in Deed Boat 242,pIlF 270. PREMISES IFJNG: 12 AdIms Street, Eoola, PA 17025 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEAL TH OF PENNSYLVANIA 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: April 7, 14,21,2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. .---' SWORN TO AND SUBSCRIBED before me this 21 day of April. 2006 ~~..~.~~.~~t / REAL ESTATE SALE NO. 32 VS. :,,1'1.1 i{E!1,1i:--'k'> \F<;;:'TFf, iN Tiff~Hli 1Vl "Innp, OH'j(' Michael S1nlwr. husb3;JtI and wife by Deed from Patrick S, Najdek ana ,Jennifer E. Najdek. husband Clnd wife. dated 2-20.04. recorded :227 04, in Deed Book 261 paf.',t 4244 PRIOR Df:ED INFOH.MATION TITLE TO SAID PRf<:MISES IS VESTED IN Patrick S, Najdek. mar ried person, bv Deed frOlll TjmotlJ\' M Osman and Shari \ Osman. husband and \vifc, dateej 33(),O J recorded 4-5.() I. in Deed Book 24::-' pagC' 27() PEEMISES BEINe \DAMS STREET ENOLA. PA ] 702:') Writ No. 2005-6057 Civil Mortgage Elect.ronic Registration Systems. Inc. Tiffani Stoner and Michael Stoner Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract. or par. eel of land and premises. situate. lying and being in the Township of East. Pennsboro, in the County of Cumberland. and Commonwealth of Pennsylvania, more particularly de- scribed in accordance with a sur- vev and plan thereof made by Ernest J. Walker. Professional Engineer, dated August 21. 1976, as follows: BEGINNING at the southeast comer of a 12 foot wide alley and West Adams Street; thence along the south side of Wes1 Adams St.reet. North 78 degrees 30 minutes East. 25 feet to a corner of premises known as lOWest Adams Street: thence along said premises and passing through the center of a par- tition wall, South I I degrees 30 minutes East, 150 feet to a point on the north side of a 12 foot wide alley; thence along the same. South 78 degrees 30 minutes West. 25 feet to a point on the east side of the first said 12 foot wide alley: t hence along t.he same. North 1 I degrees 30 minutes West, 150 feet to the point and place of BEGIN- NING. HAV1NG THEREON ERECTED a two and one-half story frame dwell- ing known as 12 W. Adams Street., Enola, Pennsylvania, UNDER AND SUBJECT, NEVER- THELESS, t.o easements, restric- tions. reservations. conditions and rights-of-way of record. BEING THE SAME PREMISES which Timothy M. Osman and Shari A. Osman. husband and wife. by Deed dated March 30. 200 1, and recorded April 5. 2001, in the Of- fice of the Recorder of Deeds in and for Cumberland County. Pennsylva- nia, in Deed Book 242. rage 270. granted and conveyed unto Patrick S, Najdek. married person. ,Jenni. fer E. Najdek, wife of Patrick S. Najdek. joins in this conveyance to divest all right. t.itle and interest in said property. Being Parcel # 09 1 G- ] 050-021 RECORD OWNER