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HomeMy WebLinkAbout05-6325 .. 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, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM /'l/r Go~-(',I NO. ;..bJ"", - <)01:', v v. CUMBERLAND COUNTY JEREMY H. WHITE 14 PLAINVIEW ROAD CAMPHILL,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 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 #". \\4805 .. file #: \14&05 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 addressees) of the Defendant(s) are: JEREMY H. WHITE 14 PLAINVIEW ROAD CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 09/09/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to W ACHOVIA MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. \772, Page: 967. By Assignment of Mortgage recorded 06/03/2003 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 698, Page \513. 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 03/0 \/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 #: 114805 , 6. The following amounts are due on the mortgage: Principal Ba]ance Interest 0210112005 through 12/08/2005 (Per Diem $20.29) Attorney's Fees Cumulative Late Charges 09/09/2002 to 12/08/2005 Cost of Suit and Title Search Subtotal $1 ]3,953.70 6,310.19 850.00 213.54 $ 750.00 $ 122,077.43 Escrow Credit Deficit Subtotal 0.00 1,079.05 L1.079.05 TOTAL $ 123,156.48 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice ofIntention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant{s) on the date{s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant{s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave 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 $ 123, 156.48, together with interest from 12/08/2005 at the rate of $20.29 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP ?~~ ~J )cl/L-:... By: IslFrancis S. Hallinan LA WRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 114805 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land with improvements thereon erected situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described, as follows: BEGINNING at a point on the Easterly line of Plain view Road, which point is 257.10 feet North of the Northeasterly corner of Hartzdale Drive and Plainview Road and at dividing line between Lot Nos. 13 and 14, Block 'K', on the hereinafter mentioned plan of Lots; thence along the Easterly line of Plain view Road, North 42 degrees, 20 minutes West, 75 feet to a point at dividing line between Lot Nos. 14 and 15, Block 'K' on said Plan; thence along same North 47 degrees, 40 minutes East, ] 25 feet to a point; thence along the Westerly line of Lot Nos. 7 and 8, Block 'K' on said Plan South 42 degrees, 20 minutes East, 75 feet to a point at dividing line between Lot Nos. 13 and 14, Block 'K' of aforesaid; thence along same South 47 degrees, 40 minutes West ]25 feet t a point the place of BEGINNING. BEING premises known as 14 Plainview Road. AND BEING Lot No. ]4, Block 'K', in Plan of County and Town Homes, Inc., which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 7, Page 41. SUBJECT, however, to right of way, reservations and restrictions of record. BEING the same premises which LEO FREDERICK DUTTRY and JOYCE ANN DUTTRY, husband and wife, by Deed dated February 25, ] 986, and recorded in the Office ofthe Recorder of Deeds in and for Cumberland County at Deed Book T31, Page 917, on March 19, 1986 granted and conveyed unto DAVID H. EVERETT and TERR] J. EVERETT, husband and wife, Grantors, herein. File #: 114805 VRRTFTCATTON FRANCIS S, HALLlNAN, ESQUIRE hereby states that he is attorney for PLAlNTITF 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, b)~- FRANCIS S, HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ~ ~ ~ -.", ~ -. ~ V, ()I G> \\' ~ --<::.. C" c;><t: (\ -.:;:) '1\ ""r '-''\ ':\ "6 ~ ~ --.. .~ -:::::: :;, "" :~ w , 1 ":\ \\ j'--' , \-; c. .~ PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA ]9103 (215) 563-7000 MORTGAGE ELECTRONIC REGlSTRA nON SYSTEMS, INC. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff CUMBERLAND COUNTY vs. JEREMY H. WHITE No. 05-6325 Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & SCHMIEG, LLP By:-2~ 5 ~ FRANCIS S. HALL AN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: January 20, 2006 /jmr, Svc Dept. File# 114805 'jj :' c~: -< <;... SHERIFF'S RETURN - NOT FOill"D CASE NO: 2005-06325 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS WHITE JEREMY H R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT WHITE JEREMY H but was unable to locate Him in his bailiwick, He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , WHITE JEREMY H 14 PLAINVIEW ROAD CAMP HILL, PA 17011 14 PLAINVIEW ROAD CAMP HILL IS VACANT. DEFENDANT'S ADDRESS IS RR1 BOX 27 DALMATIA, PA 17017. Sheriff's Costs: Docketing Service Not Found Surcharge So answers: 18.00 14.40 5.00 10.00 .00 47.40 -, ;,_~r:-:tc~;'f/ d:~:::r~ ',J'~-:._~::>:_>_~?- L R. Thomas ,Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 12/28/2005 Sworn and subscribed to before me this day of ~ jOC<.. A"(!bA~_ prothon<itar~/7 (;;> /1- .' SHERIFF'S RETURN. OUT OF COUNTY CASE NO: 2005-06325 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS WHITE JEREMY H R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WHITE JEREMY H but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of NORTHUMBERLAND County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On February 3rd, 2006 , this office was in receipt of the attached return from NORTHUMBERLAND Sheriff's Costs: Docketing Out of County Surcharge Dep Northumberland Postage 18,00 9.00 10,00 150_00 ,78 187.78 02/03/2006 PHELAN HALLINAN So answeJ:'s :._,~~ . ./ .~~C~~". R: Thomas Kline Sheriff of Cumberland County /) SCHMIEG Sworn and subscribed to before me this }'~ day of j-LWAJl /(J'J w ... In The Court of Common Pleas of Cumberland County, Pennsylvania Mortgage Electronic Registration Systems Inc VS_ Jerany H. White No. 05-6325 civil Now, January 24, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Northunberland County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. . r~-f~~ Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to copy of the original a and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of , COSTS SERVICE "MlLEAGE AFFIDAVIT $ ,20_ $ 4 PLAINTIFF: MORTGAGE ELECTRONIC REGISTRATION P: SYSTEMS VS: DEFENDANT: WHITE, JEREMY H, D: RR #1 BOX 27 D: DALMATIA, PA 17017 D: D: CASE #: 05 CV 6325 CTY FILED: CUMBERLAND FILE DATE: 06/01/24 DATE RECEIVED: 06/01/26 ASSIGNED TO: 1 DEF LAW FIRM: PHELAN EXPIRES: 06/02/23 SHERIFF'S RETURN I HEREBY CERTIFY AND RETURN I SERVED: JEREMY H, WHITE BY HANDING A TRUE AND ATTESTED COpy OF THE WITHIN: REINSTAED NOTICE AND COMPLAINT/ MORTGAGE FORECLOSURE PERSON SERVED: JEREMY WHITE DATE SERVED: 2006/01/30 TIME: 14: 00 HRS CAPACITY: PERSONALLY PLACE SERVED: RR 1 BOX 27 DALMATIA PA 17017 COUNTY OF NORTHUMBERLAND AND CONTENTS THEREOF_ STATE OF PENNA" MAKING KNOWN UNTO: HIM SO ANSWERS: CHAD A, REINER, SHERIFF BY DEPUTY: YODER, CHRIS BY: THE I HEREBY CERTIFY AND RETURN THAT I SERVED: r:;;:J...A.I~ BY HANDING A TRUE AND ATTESTED COPY OF THE WITHIN: PERSON SERVED: DATE SERVED: CAPACITY TIME: PLACE SERVED: COUNTY OF NORTHUMBERLAND AND STATE OF PENNA_, MAKING KNOWN UNTO: CONTENTS THEREOF. THE SO ANSWERS: CHAD A, REINER, SHERIFF BY DEPUTY: BY: SHERIFF'S COSTS: $ 63.50 REC #: 26815 NO, OF ATTEMPTS: 1 DOCKET PAGE #: 06 CV 0064 S t "fore' ,. worn 0 3ilci c.l: U'_ , i me this 2- Fe-b. j ! A.D. 20G.a> ./"J) /_ /\:,/ -~r~~-H~~ My Comm. Exp. " ',i 10 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 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-6325 JEREMY H. WIDTE 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 JEREMY H. WHITE and, 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 12/9/05 to 3120106 TOTAL $123,156.48 $2,069.58 $125,226.06 I hereby certify that (I) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~ Jj --1~ DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED, DATE: (1';::JJ)c~d.1 d-Oob ( ~ PHELAN HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G, Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (21';) %1,7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Defendants : CUMBERLAND COUNTY :NO.05-6325 f\lE COpy Vs. JEREMY H. WHITE TO: JEREMY H. WHITE RR 1 BOX 27 DALMATIA, PA 17017 DATE OF NOTICE: FFRRIJARY 22, 2006 THIS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATIEMPT 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 WRlTIEN 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. IFYOU 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 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 ft fll'lLtAh ~ lia)A-- FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SmTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SmTE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-6325 JEREMY H. WHITE 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 ofthe following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service ofthe United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended, (b) that defendant JEREMY H. WHITE is over 18 years of age and resides at, RR 1 BOX 27, DALMATIA, PA 17017. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~ Jl ~~~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff c ;;cJ ~ -1G... F- ~ -{) ('J ~..., 1- c:.-~, () "':,J 'T1 (~{'. ~ Q 3f. -1 ~ '---- -<: D :t'" :y:" ;;.0 r,'\~::c , '{ ,'0 -neIl -4:) ~~) 1..1) en C> ~ ~ "J, (...~ ~ -.,--~ -f: -0 ~ S~ ~2 C') QJ '\;, D ~ --,;r"n - U '-,~ " .-~ r -() ')> .1:- :-;J Q'.... Co< ( r-- ~ . . (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS,INC. 8201 GREENSBORO DRIVE, SIDTE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-6325 JEREMY H. WIDTE Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on (Y1;:uu."- ;) I 200 (". By: If you have any questions concerning this matter, please contact: ~.~-.J~ DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION \617 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 INFORMA TlON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.. ~ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. No. 05-6325 JEREMY H. WHITE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $125,226.06 Interest from 3/20/06 to SEPTEMBER 6, 2006 (per diem -$20.59) $3,500.30 and Costs TOTAL $128,726.36 ~Jj-1~' DANIEL G. SCHMIEG, Ei6UIRE One Penn Center at Suburban Station 1617 JohnF. 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, t- ,...; <::> t- ,...; < =- z ../. 0 .... < ~ ~ ....... ~ O~ ;;;l ~ ~ ~~ u U tt:: en ~-;;- .~ Q) ~~ K... '~'iS ~ p ~~ ~ ~ a 'a r-:' ~ zr.fj S ~~ ..~~ e z g~ . .... M ~z o .. <B K en ....~ ~ ~~ g ~ ~t: u~ ~~ ~ ~~ ~;.. v, :::l ~~ ~ 6 ,...; p. ~C/"l 0 ~ i 0.... " \ ~~ c:~ t:: uz ~z ~ < "'5 tS8 01:: ~ Ou ~S :i ~ Vi ~ en Q) ~~ ... e:. .!O 5~ ~.... u .;,j ~ oG ~ <l> - ~~ .~ ~~ ""' ~~ ~;;;l u 'eel _:1' -!;r:~ - - j - - ctPJ- - 0 ---d ~ ~ ~ :: :::: '\:j (L~ \ ~ .J ( 0 U) <J l J J "'" ;:) ~ e. - -- <J ~ (j l., '" ~ "'S- l.ti <::--.. . VI (J- \(} fY) -- <-- c-.V) 't>,-. "'" 1:>} -- ~2. .' "'.)l t---} \'-.-- W-~l '~~J G ~.J-"0 ~, c.:) 0 7~~ f:~ 1 V) Jl + '<1 -j :s () i r') G-- I - \ ~ - ~ Ii ; 0- -- ::t' 'ti ( <:J ~ - DESCRIPTION ALL THAT CER T Aill tract or parcel of land with improvements thereon erected situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described, as follows: BEGrnNrnG at a point on the Easterly line of Plain view Road, which point is 257.1 0 feet North of the Northeasterly corner of Hartzdale Drive and Plainview Road and at dividing line between Lot Nos. 13 and 14, Block 'K', on the hereinafter mentioned plan of Lots; thence along the Easterly line of Plainview Road, North 42 degrees, 20 minutes West, 75 feet to a point at dividing line between Lot Nos. 14 and 15, Block 'K' on said Plan; thence along same North 47 degrees, 40 minutes East, 125 feet to a point; thence along the Westerly line of Lot Nos, 7 and 8, Block 'K' on said Plan South 42 degrees, 20 minutes East, 75 feet to a point at dividing line between Lot Nos. 13 and 14, Block 'K' of aforesaid; thence along same South 47 degrees, 40 minutes West 125 feet t a point the place ofBEGrnNillG. BEillG premises known as 14 Plainview Road, AND BEING Lot No. 14, Block 'K', in Plan of County and Town Homes, Inc., which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 7, Page 41. SUBJECT, however, to right of way, reservations and restrictions of record. BEillG the same premises which LEO FREDERICK DUTTR Y and JOYCE ANN DUTTRY, husband and wife, by Deed dated February 25, 1986, and recorded in the Office of the Recorder of Deeds in and for Cumberland County at Deed Book 131, Page 917, on March 19, 1986 granted and conveyed unto DAVID H, EVERETT and TERRI J. EVERETT, husband and wife, Grantors, herein, Being Parcel # 13-25.0020-024 RECORD OWNER TITLE TO SAID PREMISES IS VESTED ill Jeremy H. White, a married man, by Deed from David H. Everett and Terri 1. Everett, dated 8-26-02, recorded 9-12-02 in Deed Book 253, page 2812. PREMISES BEillG: 14 PLAlNVIEW ROAD, CAMP HILL, PA 17011 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-6325 Civil CIVIL ACTION - LA W TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC" Plaintiff (s) From JEREMY H. WHITE (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 acconnt 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, yon are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amonnt Due $125,226.06 L. L. $.50 Interest FROM 3/20/06 TO 9/6/06 (PER DIEM - $20.59) - $3,500.30 AND COSTS Atty's Comm % Dne Prothy $1.00 Ally Paid $317,18 Other Costs Plaintiff Paid Date: MARCH 29, 2006 CURTIS R. LONG (Seal) Prothonotary. ~ ~~f2.t<2.'P' ?2/J~f.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 PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION JEREMY H. WHITE NO. 05-6325 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. ~JJJ~ DANIEL G. SCHMIEG, ESQ IRE Attorney for Plaintiff ("") c :;::,:::J ,-) ;-::l :":J t:1 ,'~ ~ ;'." V.J C) J:-" (>-, .. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION JEREMY H. WHITE NO. 05-6325 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,14 PLAINVIEW ROAD, CAMP HILL. PA 17011. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JEREMY H. WHITE RR 1 BOX 27 DALMATIA, PA 17017 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 I , '. 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) COMMERCE BANK/HARRISBURG, N.A. 100 SEBNA TE AVENUE CAMPHILL, P A 17001 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6, Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 14 PLAINVIEW ROAD CAMP HILL, P A 17011 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department ofWeIfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 27, 2006 DATE ~y -deL)' DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff n ('~ ' _"'.~ (-) ':',( --( ..J.--.- n1-'.: -' ::.-.::; , ' ,-",.J ....;,,:; :-;-:-, =, ," ~ # MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, No. 05-6325 v. JEREMY H. WIDTE Defendant(s). March 27, 2006 TO: JEREMY H. WHITE RR 1 BOX 27 DALMATIA, PA 17017 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 14 PLAINVIEW ROAD, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 6, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $125,226.06 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 may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffwithin 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 representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 . DESCRIPTION ALL THAT CERTArn tract or parcel ofland with improvements thereon erected situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described, as follows: BEGrnNrnG at a point on the Easterly line of Plain view Road, which point is 257.10 feet North of the Northeasterly corner of Hartzdale Drive and Plainview Road and at dividing line between Lot Nos. 13 and 14, Block 'K', on the hereinafter mentioned plan of Lots; thence along the Easterly line of Plain view Road, North 42 degrees, 20 minutes West, 75 feet to a point at dividing line between Lot Nos, 14 and 15, Block 'K' on said Plan; thence along same North 47 degrees, 40 minutes East, 125 feet to a point; thence along the Westerly line of Lot Nos. 7 and 8, Block 'K' on said Plan South 42 degrees, 20 minutes East, 75 feet to a point at dividing line between Lot Nos. 13 and 14, Block 'K' of aforesaid; thence along same South 47 degrees, 40 minutes West 125 feet t a point the place ofBEGrnNrnG. BEillG premises known as 14 Plainview Road. AND BEillG Lot No. 14, Block 'K', in Plan of County and Town Homes, Inc., which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 7, Page 41. SUBJECT, however, to right of way, reservations and restrictions of record. BEillG the same premises which LEO FREDERICK DUTTRY and JOYCE ANN DUTTRY, husband and wife, by Deed dated February 25, 1986, and recorded in the Office of the Recorder of Deeds in and for Cumberland County at Deed Book T3l, Page 917, on March 19, 1986 granted and conveyed unto DAVID H. EVERETT and TERRI J, EVERETT, husband and wife, Grantors, herein. Being Parcel # 13-25-0020-024 RECORD OWNER TITLE TO SAID PREMISES IS VESTED ill Jeremy H, White, a married man, by Deed from David H. Everett and Terri J. Everett, dated 8-26-02, recorded 9-12-02 in Deed Book 253, page 2812. PREMISES BEillG: 14 PLAINVIEW ROAD, CAMP HILL, PA 17011 ---') ,.j 'I ;,-.., , .,.;;~ _nO -,.... ";.;;., ('-) '..:;, ,~ 0/ ,-- ...j . ". ") AFFIDA VlT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, me. CUMBERLAND COUNTY PMB No_ 05-6325 DEFENDANT(S) JEREMY H. wmTE ACCT. #1968566614 SERVE JEREMY H. WlUTE AT RR 1 BOX 27 DALMATIA, PA 17017 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 6, 2006 SERVED Served and made known to .Tprcrn'" I-! 1AJ11../-t. , ,h , Defendant, on the ---.l2 - _ day of 4"r.1 . ,2001.. at q .1.D . o'clock f .ffi., at lJp4.) i-kM~4-dd~H: RR i 130,< 113 Dorns,Pe PA c.570) 7::ji-3~'N , Commonwealth of Pennsylvania, in the manner described below: ;7g23 ~x _Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefcndant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). _~Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant{s)'s company. Other: Description: > + Age..&.:c rf ,/.,... .f Height~- Weight )qv- Race .!:!d-.. Sex /'Vl Other I, lOv,<.--hA..,L" -De..Y'lY1:s. C- ~fr .. a competent adult, bein dul~ sworn according to law, depose and state that I personally handed a true and correct copy of the Notic . YLV I herein, issued in the captioned case on the date and at the address indicated above. NOTARIAL SEAL THOMAS P STRAIN. Notary Public Cit~ 01 phI13""ljllla Phila. County My CommISsion bpllr.'s February 4,2010 Sworn to and subscribed before me this ~ day Of__~/ ,200,& Notary , if' J .J----- 'C4/~ f <() t~__, PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED, By: >_ kM NOT SERVED On the day of , 200~ at o'clock ~.nL, Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 ,. Attempt: I I Time: 2nd Attempt: I I Time: 3rd Attempt: I I Time: Sworn to and suhscribed before me this __ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esqnire - LD. No_ 62205 r. I _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DMSION JEREMY H. WHITE Defendant(s). NO. 05-6325 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, DANIEL G. SCHMIEG, ESQUIRE, attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC hereby verifies that on MARCH 28, 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. ~ ~S~lllli) Attorney for Plaintiff Date: JULY 27,2006 IMPORTANT NOTICE: This property Is sold at the direction of the plaintiff. It mav not be sold in the absence of a renresentative of the nlalntlff 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. - \~ .~,.".~ ,.,--'<'" '.f ! ~:"<:? r if<~~.>'~ ~ id'/' to> \ 1;;... > 3QO'JdlZ WOll~a31'\fW .. ,:;., ,,~, at llWi SZ860';VOOO: "~I>__ "0. 'I> to "",(l~ 'I~ · ~ .-~ '''i~~J : ~ #0' 'I8od <$' '8 .- '" ~ ~ 4- ~ po. ~. ~ \\ Ii ~ 8 ~ ~ ~ ~ ~ po.. ~ ~ ~, :I: ~ t"' U ~~~s; o "" po. ~ ~.\~~ \ ~ ~. \ l~H \\~\i \1Q\;<n~ a <n . .. '5 IQ ~ 1~{j~ 1~~8~ \u~g'a ~ 0 ~ \ 1~\~8 ~ 1>1 0 t. ,...J, oi ~ ",:!.~ 6 ,~~ i.gc%\ ~il~ ~\l~ ~~ig 'll~il~ 9~~~ ~8 '... 3%1\ ~~~i j).tO......~ ... i " %. ~ 'a .., tl '11 ~Ja~ !'S'O ~ .- "" '" ~ ~ ~ t"' ~ ~ ....1 ~~ 1 ~......~ ..i.\'" $.8 f \~. 'a i~\~ .,... ~ . \1\ ~.~\ it t g% ~'e\~ e~$.~ \\\1 '1\\' .~'" ~ ~h~_li. ,,\\'a~ g \l ... g \~gU i E. $.'% .. 'g,~ ."'i ~h~'~ '0 ~:l_ f~\\ \\ ~ 9~;; ~ "t:;'" ~~U~ .~ .. ~ 1) ~ e, ~ r ~J ~ \. u :I: 'a1 \ It "'.~ ,%\1 ....'" i 'Sj!i n :<~ ~:::$:\~~~U ~. " ';:.-,~, '- .- -: ..._n ,-.,'- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Veterans Affairs Sec 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 29th day of March, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 6325, at the suit of Mortgage Electronic Reg Systems Inc against Jeremy H White is duly recorded in Deed Book No. 276, Page 3783. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this OJ /-"lft- day of Recorder of Deeds ReooidIr. 01 (..UIllOeIlInd Ccully. C'AIIIIt. PA My Comrniaa." Exp/r8a lie FIrIt MoIldIy of .lln.DO " Mortgage Electronic Registration Systems Inc. VS Jeremy H, White In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No, 2005-6325 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states he made a diligent search and inquiry for the within named defendant, to wit: Jeremy H. White, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Northumberland County, Pennsylvania, to serve the within Real Estate Writ, Notice of Sale and Description in the above entitled action according to law. Northumberland County Return: Now, June 28, 2006, at 2:30 o'clock PM served the within Writ, Notice of Sale and Sale Bill upon Jeremy H. White at RRl Box 113, Dornsife, Pennsylaniva by handing to Jeremy H, White, personally, a true and attested copy of the original Writ, Notice of Sale and Sale Bill and made known to him the contents thereof, So Answers: Chad A. Reiner, Sheriff of Northumberland County, Pennsylvania. Douglas Ruzanski, Deputy Sheriff, who being duly sworn according to law, states that on June 28, 2006 at 10:24 o'clock A,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 Jeremy H. White located at 14 Plainview Road, Camp Hill, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster 'and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Jeremy H. White, by regular mail to his last known address ofRRl, Box 113, Dornsife, PA, This letter was mailed under the date of July 12,2006 and never returned to the She riffs 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 Attorney Daniel Schmieg for Secretary of Veterans Affairs, an Officer of the United States of America. It being the best and highest bid, Secretary of Veterans Affairs, an Officer of the United States of America, of 1000 Liberty Avenue, Pittsburgh, P A 15222 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1 ,251.77, Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Levy Surcharge Out of County Northumberland County $30.00 24,54 15.00 15,00 30.00 10,00 .50 1.00 12,32 15,00 20.00 6,00 150,00 Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 449,00 389.60 19.31 25,00 39.50 $ 1,251.77 r~/~ R. Thomas Kline, Sheriff BY V"~ S'rvi~~ Real Estate ergeant ~~ 3o-yO s'O /. e).. 5 SV1t1 ~ir3qCf'.1- r I "" MORTGAGE ELECTRONIC REGISTRATIbN SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION JEREMY H, WIDTE NO. 05-6325 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 ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .14 PLAINVIEW ROAD. CAMP HILL. P A 17011 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JEREMY H. WHITE RR1 BOX 27 DALMATIA, PA 17017 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None , . .... 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMERCE BANK/HARRISBURG, N.A. 100 SEBNATE AVENUE CAMPHILL, P A 17001 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 14 PLAINVIEW ROAD CAMP HILL, P A 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 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. March 27,2006 DATE ~J!~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff , - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. CUMBERLAND COUNTY Plaintiff, No. 05-6325 v. JEREMY B. WmTE Defendant(s). March 27, 2006 TO: JEREMY H. WHITE RR 1 BOX 27 DALMATIA, PA 17017 **THIS FIRM IS A DEBT COLLECTOR AITEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A ITEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN A GAINST PROPERTY. * * Your house (real estate) at .14 PLAlNVIEW ROAD. CAMP HILL. PA 17011. is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $125.226.06 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3 . You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance -,. you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. Ifthe 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 ofthe money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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 ! DESCRIPTION ALL THAT CERTAlN tract or parcel of land with improvements thereon erected situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described, as follows: BEGINNING at a point on the Easterly line of Plain view Road, which point is 257,10 feet North ofthe Northeasterly corner of Hartz dale Drive and Plainview Road and at dividing line between Lot Nos. 13 and 14, Block 'K', on the hereinafter mentioned plan of Lots; thence along the Easterly line of Plain view Road, North 42 degrees, 20 minutes West, 75 feet to a point at dividing line between Lot Nos. 14 and 15, Block 'K' on said Plan; thence along same North 47 degrees, 40 minutes East, 125 feet to a point; thence along the Westerly line of Lot Nos, 7 and 8, Block 'K' on said Plan South 42 degrees, 20 minutes East, 75 feet to a point at dividing line between Lot Nos. 13 and 14, Block 'K' of aforesaid; thence along same South 47 degrees, 40 minutes West 125 feet t a point the place of BEGINNING. BEING premises known as 14 Plainview Road. AND BEING Lot No. 14, Block 'K', in Plan of County and Town Homes, Inc., which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 7, Page 41. SUBJECT, however, to right of way, reservations and restrictions of record. BEING the same premises which LEO FREDERICK DUTTRY and JOYCE ANN DUTTRY, husband and wife, by Deed dated February 25, 1986, and recorded in the Office ofthe Recorder of Deeds in and for Cumberland County at Deed Book T31, Page 917, on March 19, 1986 granted and conveyed unto DAVID H. EVERETT and TERRI J. EVERETT, husband and wife, Grantors, herein. Being Parcel # 13-25-0020-024 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jeremy H. White, a married man, by Deed from David H. Everett and Terri J. Everett, dated 8-26-02, recorded 9-12-02 in Deed Book 253, page 2812. PREMISES BEING: 14 PLAINVIEW ROAD, CAMP HILL, PA 17011 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-6325 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 JEREMY H, WHITE (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 (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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $125,226,06 L.L. $.50 Interest FROM 3/20/06 TO 9/6/06 (PER DIEM - $20,59) - $3,500,30 AND COSTS Atty's Comm % Due Pro thy $1.00 Arty Paid $317,18 Other Costs Plaintiff Paid Date: MARCH 29, 2006 CURTIS R. LONG (Seal) Prothonotary Q ~-1.L- ~ Deputy 7g-Vl~r.r-- REQUESTING PARTY: Name DANIEL G, SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 ~ ~ ~ ~ Real Estate Sale # 06 On May 03,2006 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, P A Known and numbered as 14 Plainview Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein, Date: May 03,2006 By: 0or11k~ Re~(E~te Sergeant ZE :IJ 't/ 0 I HdV qOOl Vd 'AINnO:J Gii '~'-1~38wn3 LHH3HS 3Hl .:10 381.d.:lO THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A, Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever 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 July and the 2nd day(s) of August 2006, That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#6 tllotarial Seal Terry L. huss.:tI, Notary Public Qity Of Harrisburg, Dauphin County y n Expires June 6, 2010 mber, e ylvania Association 01 Notaries _4 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 :~. i; .J. .1:'.1 ~. . . . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.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: July 21, July 28, and August 4, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. TO AND SUBSCRIBED before me this day of August. 2006 NOT ARIAl EAl LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO, 6 Writ No. 2005-6325 Civil Mortgage Electronic Registration Systems, Inc. vs. Jeremy H. White Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract or par- cel of land with improvements thereon erected situate in Lower Allen Township. Cumberland County, Pennsylvania, more par- ticularly bounded and described, as follows: BEGINNING at a point on the Easterly line of Plainview Road, which point is 257.10 feet North of the Northeasterly corner of Hartz- dale Drive and Plainview Road and at dividing line between Lot Nos. 13 and 14, Block 'K', on the hereinaf- ter mentioned plan of Lots; thence along the Easterly line of Plainview Road, North 42 degrees, 20 min- utes West, 75 feet to a point at di- viding line between Lot Nos. 14 and 15, Block 'K' on said Plan; thence along same North 47 degrees, 40 minutes East, 125 feet to a point; thence along the Westerly line of Lot Nos. 7 and 8, Block 'K' on said Plan South 42 degrees, 20 minutes East, 75 feet to a point at dividing line between Lot Nos. 13 and 14, Block 'K' of aforeSaid; thence along same South 47 degrees, 40 minutes West 125 feet to a point the place of BE- GINNING. BEING premises known as 14 Plainview Road. AND BEING Lot No. 14, Block 'K', in Plan of County and Town AND BEING Lot No. 14, Block 'K', in Plan of County and Town Homes, Inc., which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 7, Page 41. SUBJECT, however. to right of way, reservations and restrictions of record. BEING the same premises which Leo Frederick Duttry and Joyce Ann Duttry, husband and wife, by Deed dated February 25, 1986, and re- corded in the Office of the Recorder of Deeds in and for Cumberland County at Deed Book T31, Page 917. on March 19, 1986 granted and conveyed unto David H. Everett and Terri J. Everett, husband and wife, Grantors, herein. Being Parcel # 13-25-0020-024 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Jeremy H. White, a married man, by Deed from David H. Everett and Terri J. Everett, dated 8-26-02. recorded 9-12-02 in Deed Book 253, page 2812. PREMISES BEING: 14 Plainview Road, Camp Hill, PA 17011.