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HomeMy WebLinkAbout05-6246 PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRA TION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM O;CJ;L'J~ v. NO. () $' - 1.;Z4~ CUMBERLAND COUNTY JEFFREY W. JACOBS 91 WEST VINE STREET SHlREMANSTOWN, PA 17011 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 INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMA nON 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 #: 126415 File #: 126415 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 PI,EADING, COUNSEL FOR PLAINTIFF WILL SEND DEl<'ENDANT(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 REGISTRA TION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 2. The name(s) and last known address(es) of the Defendant(s) are: JEFFREY W. JACOBS 91 WEST VINE STREET SHIREMANSTOWN, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 04/2912004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CITIZENS MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1864, Page: 1287. PLAINTIFF is now the legal owner of the mortgage and is in the process offormalizing an assignment of same. 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 #: 126415 6. The following amounts are due on the mortgage: Principal Balance Interest 07!O 1/2005 through 12/02/2005 (Per Diem $14.11) Attorney's Fees Cumulative Late Charges 04/29/2004 to 12/02/2005 Cost of Suit and Title Search Subtotal $98,123.33 2,187.05 1,250.00 82.65 $ 550.00 $ 102,] 93.03 Escrow Credit Deficit Subtotal TOTAL 0.00 339.18 $ 339.18 $ 102,532.21 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. Notice oflntention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 102,532.21, together with interest from 12/02/2005 at the rate of$14.11 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 & S~~G' LLP . ' BY:~inan ~~ LA WRENCE T. PHELAN. ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 126415 LEGAL DESCRIPTION ALL THA T CERTAIN piece or parcel ofland, situate in the Borough of Shiremanstown, County of Cumberland, State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the dividing line between the within described lot and certain common area appearing on the hereinafter mentioned Plan of Lots; which point is also the southeast corner of Lot 5G on said Plan; thence along said dividing line south 78 degrees 34 mimltes west 62.] 7 feet to a point; thence continuing along said common area, north 11 degrees 26 minutes west 23.70 feet to a point at the dividing line between Lots Nos. 5F and SG on said Plan; thence along said last mentioned dividing line north 78 degrees 34 minutes east 62.17 feet to a point at the dividing line between the within described Lot and said common area appearing on said Plan; thence along said last mentioned dividing I ine south 11 degrees 26 minutes east 23.70 feet to a point, the place of BEGINNING. BEING Lot No. 5G on Plan of Section 2 of Shireman Gardens, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 26, Page 142. HAVING THEREON erected a townhouse known and numbered as 91 West Vine Street. BEING THE SAME PREMISES WHICH Kauffman Enterprises, Inc., a Pennsylvania Corporation, by deed dated January 14, \977, and recorded January 20, 1997, in the Office ofthe Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 226, Page 422, granted and conveyed unto David M. Murdoch and Brenda M. Murdoch, Husband and Wife, Grantor herein. File #: 1264]5 VRRTFWA nON 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 on 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 his 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 falsification to authorities. 7~ "J )J/L::- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ~ ;; ::D (J i9. \t. ') ~ ~ 1/1 ':::i ~ \)' '\ ~ % ~ .- -$ Q ~, :) ','\ --:-1 'c;::1 \ i>' .------ CASE NO: 2005-06246 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS JACOBS JEFFREY W RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, was served upon says, the within COMPLAINT - MORT FORE JACOBS JEFFREY W the DEFENDANT at 1849:00 HOURS, on the 3rd day of January 2006 at 91 WEST VINE STREET SHIREMANSTOWN, PA 17011 JEFFREY W JACOBS by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 34.32 .00 10.00 .00 62.32 me this Sworn and Subscribed to before ..~ }/ .- day of A.D. So Answers: , ../// ~;2;:~,.~~~ /,f it!."""''"' ',? ' R. Thomas Kline 01/06/2006 PHELAN HALLINAN SCHMIEG By: ~~7r:/ Deputy Sheriff 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 I9103-t814 (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. 05-6246 JEFFREY W. JACOBS 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 JEFFREY W. JACOBS, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 12/2105 to 219/06 TOTAL $102,532.21 $987.70 $103,519.91 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, cPpyattached. , ('/ /', ':\ , . ; . \' I j!': ~ \, 'j , , i'tWJj , ESQU DAMAGES ARE HEREBY ASSESSED AS lNDICATED. {Ii, ~ DATE:-YP~l, 14 ;)..cx>!p Ih . 0- ' PRO pROTHY . ( PHELAN HALUNAN & SCHMIEG, LLP -. 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 (?I'J ,61-7000 MORTGAGE ELECTRONIC REGISTRATION: COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY JEFFREY W. JACOBS Defendants : NO. 05-6246 CIVIL TERM TO: JEFFREY W. JACOBS 91 WEST VINE STREET SHIREMANSTOWN, PAl 701 I DATE OF NOTICE: .JANlJARY 24 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 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 WRInNG 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 MA Y 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 MA Y OFFER I.EGAL SERVICES TO El.IGlBLE PERSONS AT A KLUL.'LLU j"LL UK 0i.U t-LL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOC1A nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALUNAN, ESQUIRE Al10meys 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 PHILADELPIDA, 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. 05-6246 JEFFREY W. JACOBS Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attomey 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 JEFFREY W. JACOBS is over 18 years of age and resides at , 91 WEST VINE STREET, SHIREMANSTOWN, PA 17011 . This statement is made subject to the penalties of 18 Pa. e.s. Section 4904 relating to unsworn falsification to authorities. ------ \ (') r',.' C 0 ,._--, , --, ~ ~ , -'-il t -(1 :~ 9:- [":'1 r';~ 0 CJ -'. - () ..j.'-~- [;i- ,'..1 ~ -u ~::~ -" ~ "'0 P- - III <>-.... (.',) - ~ 1:: c..., r--- ~ , J:- ,--....., . . . (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-6246 JEFFREY W. JACOBS Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on T-P.l, I L.{ 200 b By: If you have any questions concerning this matter, please contact: '-.~.... DANIEL G S HMIE -A!1Q.. or Plaintiff' ONE PENN CENTER AT SUBURBAN 1617 JOHNF. KENNEDY BLVD., SUI PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRuPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. Plaintiff, v. No. 05-6246 JEFFREY W. JACOBS Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $103,519.91 Interest from 2/9/06 to JUNE 7, 2006 (per diem -$17.02) $2,008.36 and Costs TOTAL $105,528.27 ~n__ Note: Please attach description of property. No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ~$ O~ ~~ Ioil,.. ~'" 7<7< 07< ~~ ~ . O~ U7< ~S OU ~~ ;;l~ 8; ~Ioil ~~ ~;;l U ... ... <:> r- ... < ~ z ~ ~ ~ ~ ~ == '" ~ , Ioil . "-'~1 ~ P' (!) ...... ~ rn ~ r.n ll) .~ ,_, .D ,;s - p.. ~ ~ _& ~ e ;>>'- ~ ~ 2. Ioil go B ~ Po ~ ;; ~ <h '" '" ~ 'd ~ u u~ ... 7<00 g~ ~Ioil u~ ~~ IoilZ tSS ~S ~~ ~~ 7< S ~ e ~~ Ioil a ~.s o '" .. ~ .. ~~ ~~ 01: \.0< Q 1oil6 o 1 '" ~ o ~ ,.., i> .. ~ S ~ ~ ,.., 2> .0 J ~ 'd , .,i ... , ~\ \ ~. - - ~ ~ - - ("-J ct.rn , . - .- .-.- 't; :0 :5 -,.- ~ , ~ .- - '= .0 a c0 v I '\:.) ",',i \ I I (J <) (i 0 () a rl <) ~ <::\ (") V, 0 GJ ("<) <J UJ . .> ~ ~ --: 1:" ;.) \'( ci :i" ~ ()-> ~ ~ ~. ~ '1><2- 1 VI J1 -+ 'J. 3 i clJ ~d, ~ :; %:~ :::t--- ]I i{ Sr::i.(: - ~-----~- ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Shiremanstown, County of Cumberland, State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the dividing line between the within described lot and certain conunon area appearing on the hereinafter mentioned Plan of Lots; which point is also the southeast comer of Lot 5G on said Plan; thence along said dividing line south 78 degrees 34 minutes west 62.17 feet to a point; thence continuing along said conunon area, north 11 degrees 26 minutes west 23.70 feet to a point at the dividing line between Lots Nos. 5F and 5G on said Plan; thence along said last mentioned dividing line north 78 degrees 34 minutes east 62.17 feet to a point at the dividing line between the within described Lot and said conunon area appearing on said Plan; thence along said last mentioned dividing line south 11 degrees 26 minutes east 23.70 feet to a point, the place of BEGINNING. BEING Lot No. 5G on Plan of Section 2 of Shireman Gardens, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 26, Page 142. HAVING THEREON erected a townhouse known and numbered as 91 West Vine Street. BEING THE SAME PREMISES WHICH Kauffman Enterprises, Inc., a Peunsylvania Corporation, by deed dated January 14, 1977, and recorded January 20, 1997, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 226, Page 422, granted and conveyed unto David M. Murdoch and Brenda M. Murdoch, Husband and Wife, Grantor herein. TITLE TO SAID PREMISES IS VESTED IN Jeffrey W. Jacobs, single person, by Deed from David M. Murdoch and Brenda M. Murdoch, husband and wife, dated 04-29-04, recorded 05-04-04, in Deed Book 262, page 4150. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN David M. Murdoch and Brenda M. Murdoch, husband and wife, etux, by Deed from Kauffman Enterprises, Inc., dated 01- 14-77, recorded 01-20-77, in Deed Book Z-26, page 422. Premises: 91 West Vine Street, Shiremanstown, PA 17011 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. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION JEFFREY W. JACOBS NO. 05-6246 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.) --' ... .If MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. Plaintiff, v. JEFFREY W. JACOBS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-6246 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,91 WEST VINE STREET, SHIREMANSTOWN, PA 17011 . 1. Name and address of Owner(s) or reputed Owner(s): Name JEFFREY W. JACOBS Last Known Address (if address cannot be reasonably ascertained, please indicate) 91 WEST VINE STREET SHIREMANSTOWN, PA 17011 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 re, property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) . r . 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) LOWER ALLEN TOWNSIP AUTHORITY 120 LIMEKLIN ROAD NEW CUMBERLAND, PA 17070 SHIREMAN GARDENS HOMEOWNERS ASSOCIATION C/O 91 WEST VINE STREET SHIREMANSTOWN, PA 17011 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 91 WEST VINE STREET SHIREMANSTOWN, PA 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 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 relatint to un~~om falsification to authorities. '''-'' Februarv 22. 2006 DATE --~ \",,) ( ". _0 \ ,.~' - , ! , MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 05-6246 v. JEFFREY W. JACOBS Defendant(s). February 9, 2006 TO: JEFFREY W. JACOBS 91 WEST VINE STREET SHIREMANSTOWN, P A 17011 **THlS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at. 91 WEST VINE STREET. SHIREMANSTOWN. PA 17011. 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 $103.519.91 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. , You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attomey.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale ifthe bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. Ifthe 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 inunediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 " t ALL THAT CERTAIN piece or parcel of land, situate in the Borough of Shiremanstown, County of Cwnberland, State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the dividing line between the within described lot and certain conunon area appearing on the hereinafter mentioned Plan of Lots; which point is also the southeast comer of Lot 5G on said Plan; thence along said dividing line south 78 degrees 34 minutes west 62.17 feet to a point; thence continuing along said conunon area, north 11 degrees 26 minutes west 23.70 feet to a point at the dividing line between Lots Nos. 5F and 5G on said Plan; thence along said last mentioned dividing line north 78 degrees 34 minutes east 62.17 feet to a point at the dividing line between the within described Lot and said conunon area appearing on said Plan; thence along said last mentioned dividing line south 11 degrees 26 minutes east 23.70 feet to a point, the place of BEGINNING. BEING Lot No. 5G on Plan of Section 2 of Shireman Gardens, which Plan is recorded in the Office of the Recorder of Deeds in and for Cwnberland County in Plan Book 26, Page 142. HAVING THEREON erected a townhouse known and nwnbered as 91 West Vine Street. BEING THE SAME PREMISES WHICH Kauffinan Enterprises, Inc., a Pennsylvania Corporation, by deed dated January 14, 1977, and recorded January 20,1997, in the Office of the Recorder of Deeds in and for Cwnberland County, Pennsylvania, in Deed Book 226, Page 422, granted and conveyed unto David M. Murdoch and Brenda M. Murdoch, Husband and Wife, Grantor herein. TITLE TO SAID PREMISES IS VESTED IN Jeffrey W. Jacobs, single person, by Deed from David M. Murdoch and Brenda M. Murdoch, husband and wife, dated 04-29-04, recorded 05-04-04, in Deed Book 262, page 4150. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN David M. Murdoch and Brenda M. Murdoch, husband and wife, etux, by Deed from Kauffinan Enterprises, Inc., dated 01- 14-77, recorded 01-20-77, in Deed Book Z-26, page 422. Premises: 91 West Vine Street, Shiremanstown, P A 17011 -,-, i'; 1..,.,) ;'.) C'..) ~, , . ..~ : ',-'''' .~J -< WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-6246 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 JEFFREY W. JACOBS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (5) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone otber 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 $103,519.91 L. L. $.50 Interest FROM 2/9106 TO 6/7/06 (PER DIEM - $17.02) - $2,008.36 AND COSTS Ally's Comm 0;" Due Prothy $1.00 Ally Paid $144.32 Plaintiff Paid Date: FEBRUARY 23, 2006 Other Costs CURTIS R. LONG (Seal) Prothoi?; <.J3y: 'lVJ {/ fJ .7;zad/1.r- Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 CUMBERLAND COUNTY PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. KIO No. 05-6246 DEFENDANT(S) JEFFREY W. JACOBS ACCT. #0115590655 SERVE JEFFREY W. JACOBS AT 91 WEST VINE STREET SHIREMANSTOWN, PA 17011 Type of Action - Notice of SherifJ's Sale Sale Date: JUNE 7, 2006 Served and made known to ,-J ,(f.--,? Y at 1::l.ff' . o'elock lm.. at 1 I /"J SERVED j" (. 0 b<; . Defendan~ on the s<' + h day of mG' r' j., ,200& vi/li! )'/. .5h,'"..er71c<"S-+oV\i V\ fA /'70/1 .ConunonweaUh of Pennsylvania. in the manner described below: 'x Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant( s)'s company. Other: Description: Age,~ Height ,V, Weight..!.Ji.L Race ~ Sex ~ Other I, . l, {'" \ t {I, . {' . a competent aduI~ being duly sworn according to law, depose and state that I personally banded 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. Sw to and su d {'--- '~roethiS y " '< of ,2 . I.. <:',,- ....."'~~f'bWM~T ::':;;I:~ (~: DATES & TIMES OF SERVICE ATTEMPTED. , State of New Jersey PATRICIA E HARRIS NOT SERVED C=miF.sion ExpIres J~nye01f6, 2008 ""I'me <la .200_. at o'clock _.ro.. Defendant NOT FOUND because: Moved _ Unknown _ No Answer _ Vacant 1" Attempt: / 1 Time: 2"d Attempt: / 1 Time: 3rd Attempt: / 1 Time: Sworn to and subscribed befoIe me this _ day of . 200 _' Notary: By: Attorne'V for Plaiutiff Daniel G. Scbmieg, Esquire - (.D. No. 62205 /1 /, YJ t I o -n 5;,: >C) r---' Go) r:-? J;:"' {j.) -- Mortgage Electronic Registration Systems, Inc. VS Jeffrey W. Jacobs In the Court of Common Pleas of Cumberland County, Pennsylvani Writ No. 2005-6246 Civil Term Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on March 10, 2006 at 6:40 o'clock PM, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jeffrey W. Jacobs, by making known unto Jeffrey W. Jacobs, personally, at 91 West Vine Street, Shiremanstown, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attomey Daniel Schmieg. Sheriff's Costs: Docketing Poundage Advertising Posting Handbills Levy Surcharge Law Library Prothonotary Mileage Postage Law Joumal Share of Bills 30.00 8.98 15.00 15.00 15.00 20.00 .50 1.00 19.36 .78 313.00 19.57 $458.19 Sworn and subscribed to before me ~L2L. . - /.e:., r~1~- -- 2006, A.D. R. Thomas Kline, Sheriff BY ~ j(Jd.u.Jnu1L Real Estate Sergeant "0 V, en. [,'3'i' If .,1...-0 R......,. 111T i3 ;' MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. . Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CML DMSION JEFFREY W. JACOBS NO. 05-6246 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC.. Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .91 WEST VINE STREET. SBIREMANSTOWN. PA 17011 . 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JEFFREY W. JACOBS 91 WEST VINE STREET SHIREMANSTOWN, PA 17011 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) LOWER ALLEN TOWNSIP AUTHORITY 120 LIMEKLIN ROAD NEW CUMBERLAND, P A 17070 SHIREMAN GARDENS HOMEOWNERS ASSOCIATION C/O 91 WEST VINE STREET SHIREMANSTOWN, P A 17011 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 91 WEST VINE STREET SHIREMANSTOWN, PA 17011 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 1710S 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 relatin to unsworn falsification to authorities. Februarv 22. 2006 DATE ~ h~ D L G. SC G, ESQUIRE orney for Plaintiff '. , gO :( d hl 93J qOOZ Vd 'Ali1i1U3 ul\\!ldJ8WIlJ .:l.:l1'!l3HS 3Hl .30 3:J1.:J.:l0 , , MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 05-6246 v. JEFFREYW.JACOBS Defendant(s). February 9,2006 TO: JEFFREY W. JACOBS 91 WEST VINE STREET SHIREMANSTOWN, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATl'EMPTING 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 ATl'EMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A UEN AGAINST PROPERTY. ,. Your house (real estate) at. 91 WEST VINE STREET. SHIREMANSTOWN. PA 17011. 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, PA 17013, to enforce the court judgment of$103.519.91 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold in the absence of a reoresentative of the olaintiff 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 " . ALL THAT CERTAIN piece or parcel ofland, situate in the Borough of Shiremanstown, County of Cumberland, State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNlNG at a point at the dividing line between the within described lot and certain common area appearing on the hereinafter mentioned Plan of Lots; which point is also the southeast comer of Lot 5G on said Plan; thence along said dividing line south 78 degrees 34 nllnutes west 62.17 feet to a point; thence continuing along said conunon area, north 11 degrees 26 nllnutes west 23.70 feet to a point at the dividing line between Lots Nos. 5F and 5G on said Plan; thence along said last mentioned dividing line north 78 degrees 34 nllnutes east 62.17 feet to a point at the dividing line between the within described Lot and said conunon area appearing on said Plan; thence along said last mentioned dividing line south 11 degrees 26 nllnutes east 23.70 feet to a point, the place ofBEGINNlNG. BEING Lot No. 5G on Plan of Section 2 of Shireman Gardens, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 26, Page 142. HAVING THEREON erected a townhouse known and numbered as 91 West Vine Street. BEING THE SAME PREMISES WHICH Kanffinlln Enterprises, Inc., a Pennsylvania Corporation, by deed dated January 14, 1977, and recorded January 20,1997, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 226, Page 422, granted and conveyed unto David M. Murdoch and Brenda M. Murdoch, Husband and Wife, Grantor herein. TITLE TO SAID PREMISES IS VESTED IN Jeffrey W. Jacobs, single person, by Deed from David M. Murdoch and Brenda M. Murdoch, husband and wife, dated 04-29-04, recorded 05-04-04, in Deed Book 262, page 4150. P~OR DEEDI@'ORMATlON TITLE TO SAID P~M1SES IS YBS~l) IN David M. Murdoch and BrendaM. Murdoch, husband and wife, etux, by Deed from Kauffman Enterprises, Inc., dated 01- 14-77, recorded 01-20-77, inDeed Book Z-26, page 422. Premises: 91 West Vine Street, Shiremanstown, PA 17011 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-6246 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 JEFFREY W. JACOBS (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 hirn!ber that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $103,519.91 L.L. $.50 Interest FROM 2/9/06 TO 6/7/06 (PER DIEM - $17.02) - $2,008.36 AND COSTS Ally's Comm % Due Prothy $1.00 Ally Paid $144.32 Other Costs Plaintiff Paid Date: FEBRUARY 23, 2006 CURTIS R. LONG (Seal) Prothonotary lIT: ~.f7.~~/7A'/ Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court lD No. 62205 Real Estate Sale # 55 On March 0 I, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Shiremanstown Borough, Cumberland County, P A Known and numbered as 91 West Vine Street, Shiremanstown, more fully described on Exhibit "A" ~ ~ ~ ~ filed with this writ and by this reference incorporated herein. Date: March 01,2006 By: J(J~ SVtN--1J. Real Estate Sergeant '10 :E d hZ 911 QOOl 'v'd ',U"iIlCi:, GI. v~ld]8Wn~ .:I.:I1l:l3HS 3Hl .:10381.:1.:10 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. 1.1784 COMMONWEALTH 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, 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. Ii SWORN TO AND SUBSCRIBED before me this 14 day of April, 2006 NOTA IAL EAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 IlUL BSTATS IALIt NO. IllI Writ No. 2005-6246 CMl Mortgage Electronic Registration Systems, Inc. vs. Jeffrey W. Jacobs Atty.: Daniel Schmieg ALL THAT CERTAIN piece or parcel of land. situate in the Bor- ough of Shlremanstown, County of Cumberland. State of PennsylvanJa. more particularly bounded and de- scrtbed as follows. to wit: BEGINNING at a point at the di- viding line between the within de- scribed lot and certain common area appearing on the hereinafter men- tioned Plan of Lots: which point Is also the southeast comer of Lot 50 on said Plan; thence along said dl- vIdlng line south 78 degrees 34 mln- utes west 62.17 feet to a point: thence continuing along said com- mon area., north 11 degrees 26 min- utes west 23.70 feet to a point at the dividing Ilne between Lots Nos. 5F and 5G on said Plan: thence along sald last mentioned dMding line north 78 degrees 34 minutes east 62.17 feet to a polnt at the di- viding line between the within de- IICI1bed Lot and said common area ~on said Plan; thence along said last mentioned dividing line south 11 degrees 26 minutes east 23.70 feet to a point, the place of BEGINNING. BEING Lot No. 5G on Plan of Section 2 of Shireman Gardens, which Plan Is recorded in the Of- flce of the Recorder of Deeds in and for Cumberland County In Plan Book 26. Page 142, HAVING THEREON erected a townhouse known and numbered as 91 West Vine Street. BEING THE SAME PREMISES WIllCH Kauffman Enterprises. Inc., a Pennsylvania Corporation, by deed dated January 14, 1977, and re- corded January 20, 1997, in the Office of the Recorder of Deeds in and for Cumberland County, Penn- sylvania. in Deed Book 226. Page 422, granted and conveyed unto David M. Murdoch and Brenda M. Murdoch, Husband and Wife, Grantor herein. TITLE TO SAID PREMISES IS VESTED IN Jeffrey W. Jacobs, single person, by Deed from David M. Murdoch and Brenda M. Murdoch, husband and wife, dated 04-29-04, recorded 05-04-04. in Deed Book 262. page 4150. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN David M. Murdoch and Brenda M. Murdoch. husband and wife. etux. by Deed from Kauffman Enterprises, Inc., dated 01-14-77, recorded 01-20-77, in Deed Book Z.26. page 422. Premises: 91 West Vine Street. Sh1remanstown, PA 17011.