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HomeMy WebLinkAbout05-6801 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 nON SYSTEMS, INC, 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION TERM NO, ),W5- {plOI v. CUMBERLAND COUNTY SCOTT A, DAVIS LISA M, DAVIS A/KJ A LISA M. RODKEY AfKJA LISA M, SYNDER 376 BURNT HOUSE ROAD CARLISLE, PA 17013 THE UNITED STATES OF AMERICA c/o The United States Attorney for the Middle District of Pennsylvania 1164 Federal Building 228 Walnut Street Harrisburg, PA 17101 Defendallts CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint Or for any other claim or relief requested by the plaintiff, You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LA WYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 Fi\e #: 12&260 . File#: 12&260 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 REGISTRA nON SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: WASHINGTON MUTUAL BANK 11200 WEST PARKLAND AVE, MILWAUKEE, WI 53224 2, The name(s) and last known addressees) of the Defendant(s) are: SCOTT A, DAVIS LISA M, DAVIS AIKJA LISA M. RODKEY AIKJA LISA M, SYNDER 376 BURNT HOUSE ROAD CARLISLE, PA 17013 THE UNITED STATES OF AMERICA c/o The United States Attorney for the Middle District of Pennsylvania 1164 Federal Building 228 Walnut Street Harrisburg, P A 1710J who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3, On 10/18/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1779, Page: 1637, 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 09/0112005 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 #: 128260 . 6, The following amounts are due on the mortgage: Principal Balance Interest 08/01/2005 through 12/28/2005 (Per Diem $12,39) Attorney's Fees Cumulative Late Charges 10/18/2002 to 12/28/2005 Cost of Suit and Title Search Subtotal $75,385.70 1,858,50 1,250.00 108.87 $ 550,00 $ 79,153.07 Escrow Credit Deficit Subtotal - 225.82 0,00 $- 225,82 TOTAL $ 78,927,25 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 of Intention 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) haslhave 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. 10. The United States of America is made a Defendant herein pursuant to 28 U.S,C. 2410, because of federal tax liens that have been filed with the Prothonotary of CUMBERLAND County in the Judgment Index Unit as follows: (a) United States vs. SCOTT A. DAVIS & LISA M, DAVIS; No.2004-1820-FTZ; filed 4/26/2004; $969,28. (b) United States vs. SCOTT A. DAVIS & LISA M, DAVIS; No. 2004-1 821-FTZ; filed 4/26/2004; $4,666,93, WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 78,927,25, together with interest from 12/2812005 at the rate of $12.39 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale ofthe mortgaged property, PHELAN HALLINAN & SCHMIEG, LLP c:-- ~-t'A .4 ~~- By: IslFrancis S, Hallinan LAWRENCE T, PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff file #: t28260 . LEGAL DESCRIPTION ALL THA T CERTAIN tract of land with the improvements thereon erected situate in Dickinson Township, Cumberland County, Pennsylvania, mOre particularly bounded and described as follows: BEGINNING at a P.K nail in Township Road T-545, known as Burnt House Road, said point being in the Northwest corner of other lands now or formerly of Sidney J, and Virginia M, Lillie; thence along the lands now or formerly of Lillie, South 37 degrees 11 minutes 21 seconds West 177,60 feet to an iron pin in the line of lands now or formerly of John D, and Darlene S, Tyler; thence along the lands now or formerly of Tyler and continuing along the lands now or formerly of Robert L. and Nancy D. Thompson, North 80 degrees 36 minutes 19 seconds West 413,61 feet to an iron pin in the line of lands now or formerly of Luther A. and Anna Mae Mountz; thence along the lands now or formerly of Mountz, North 00 degrees 5 minutes 50 seconds West 73,72 feet to an iron pin in the line of lands now or formerly of Lillie; thence along the lands now or formerly of Lillie, the following three courses and distances: North 52 degrees 32 minutes 41 seconds East 85.77 feet; North 62 degrees 16 minutes 27 seconds East 95.78 feet; alld South 86 degrees 38 minutes 50 seconds East 277,31 feet to a P,K. nail set in Burnt House Road; thence in Burnt House Road South 44 degrees 46 minutes 00 seconds East 73.66 feet to a P.K. nail; thence continuing in Burnt House Road South 50 degrees 32 minutes 20 seconds East 43,99 feet to a P.K, nail, at the place of BEGINNING, CONTAINING a total of 2,0 acres and being Lot No, 2 as shown on the Preliminary Final Subdivision Plan prepared by Stephen G. Fisher, R,S" dated April 9, 1990 and recorded in Cumberland County Plan Book 60, Page 103. UNDER AND SUBJECT, HOWEVER, to the rights of Sidney 1. Lillie and Virginia M. Lillie, their successors and assigns, to use a macadam driveway which crosses said lot and is more particularly set forth on the Plan recorded in Plan Book 60, Page 103, for the purpose of ingress, egress and regress to Lot No I as shown on the previously referred to Plan, BEING the same premises which Virginia M, Lillie. widow, by her Deed dated May 25, 1994 and recorded May 25, 1994 in the Office ofthe Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 105, Page 1080, granted and conveyed unto Scott A. Davis, one of the Grantors herein, PROPERTY BEING: 376 BURNT HOUSE ROAD File #: 128260 . VERTFTCA TTON 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. FurthemlOre, 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. ~ ) Jle:_ FRANCIS S. HALLINAN. ESQUIRE Attomey for Plaintiff DATE: nJu\cs \ \ (:::J *- - ~ Il.J ..c: ~ ~ 9-~ :- 1 ~-o ~ "1>- G'" T r ':l c;zJ I:J ,-, co?, \:,J" C'. ,,"'\'\ '(") C;, o n '.:.:\'"\ .~~ ('1,(~ ~O',...---) ", ) ~->" ,..~. ,f' , ",,'::.r;-, "J .~~.. ,;-{t+, " ) ,_." '~;;~ --. ~. .' ~~ -"- .- ," -- /----- . . PHELAN HALLINAN & SCHMIEG, LLP By DANIEL G, SCHMIEG, ESQUIRE IDENTIFICATION NO. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103-1814 COURT OF COMMON PLEAS (215) 56}-7000 ______ ____ _________ CIVil DIVISION Mortgage Electronic Registration Systems, Inc, Plaintiff Vs, County: Cumberland Filed: December 30, 2005 No, 05-6801 Scott A. Davis, Lisa M, Davis, A/K1A Lisa M, Rodkey, A/K1A Lisa M, Synder And The United States of America Defendants STIPULATION It is hereby stipulated and agreed by and between counsel for Plaintiff, and the Defendant, United States of America, as follows: 1. That the premises known as 376 Burnt House Road, Carlisle, PA, Pennsylvania (the "Premises") is owned by the Defendants, 2, That the Federal Tax Liens referred to in paragraph ten (10) of the Plaintiff's complaint is junior in time to the Plaintiff's mortgage set forth in paragraph three (3) of said complaint. 3, That the Defendant, United States of America, is not indebted to the Plaintiff, 4. That the Defendant, United States of America, agrees to the entry in this action of a judgment in favor of the Plaintiff and against the United States of America for foreclosure and sale of the mortgaged property, . .' 5. That the aforesaid premises shall be sold at a judicial sale, notice of which will be served on the Defendant, United States of America, 6, That the judicial sale of said property shall discharge the Federal Tax liens referred to in paragraph ten (10) of said complaint. 7, That the proceeds of sale shall be divided and distributed as the parties may be entitled, 8, That the Defendant, United States of America preserves its right of redemption as provided in Tille 28 United States Code, Section 2410 (c), 9, The parties to this Stipulation shall bear their own respective costs in this proceeding, Date: I -I .." ~o(, Respectfully submitted Thomas A. Marino, Esquire Uni~tates Atto~ By:\d~0 ~ Dennis Pfannen qhmidt, Esquire Assistant United tates Attorney Civil Division Attorneys for United States of America P HALLINAN & SCHMIEG, LLP Date: 1/ I J I J Of) (-; I By: ?!J aniel G. Schmieg, Esquire One Penn Center at Suburban Statio Suite 1400 Philadelphia, PA 19103-1804 Attorneys for Plaintiff File #: 128260 , ~ C~_\ " ~:>) SHERIFF'S RETURN - REGULAR . CASE NO: 2005-06801 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS DAVIS SCOTT A ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DAVIS SCOTT A the DEFENDANT , at 1742:00 HOURS, on the 12th day of January , 2006 at 376 BURNT HOUSE ROAD CARLISLE, PA 17013 by handing to LISA DAVIS, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 4.40 .00 10.00 .00 32.40 .rg~>(~-R R. Thomas Kline 01/13/2006 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before B~B~ eputy Sheri "" me this .;/,~ - day of ~ ;;;00(,.. A.D. ~;t..<- Q "".;; 0.. , . eM P othonotary ,.~ SHERIFF'S RETURN - REGULAR . CASE NO: 2005-06801 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS DAVIS SCOTT A ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DAVIS LISA M AKA LISA M RODKEY AKA LISA M SNYDER the DEFENDANT , at 1742:00 HOURS, on the 12th day of January 2006 at 376 BURNT HOUSE ROAD CARLISLE, PA 17013 by handing to LISA DAVIS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ~a?~-. /.- ,J'-::;~.... .r ~~.."-';'" ' . ....."'. ~, )"....,-4'_~. R. Thomas Kline day of 01/13/2006 PHELAN HALLINAN SCHMIEG /.~f ~ By: -1, ~:~~ty khe;j7 I/.( Sworn and Subscribed to before me this ,2 s'~ /~ L)u, " ./.] d tfl) <- A. D . ~"" Q IM,Pff_ .O.r::- P othonotary . .,...., PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, V A 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-6801 SCOTT A. DAVIS LISA M. DAVIS a/kJa LISA M. RODKEY alkJa LISA M. SYNDER 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 SCOTT A. DAVIS and LISA M. DAVIS alkla LISA M. RODKEY alkla LISA M. SYNDER, 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 12/29105 to 2121106 TOTAL $78,927.25 $681.45 $79,608.70 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. :Pt~ -1J .-J~ DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~ DATE: j:p.b~6 d-.OOb Is/ (J-P2-i./1)'iJ. , ~R6PROTHY :J~;r;f PHELAN HALLINAN & 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, P A 19103 (7.1 '\) '\61-7000 MORTGAGE ELECTRONIC REGISTRA nON : COURT OF COMMON PLEAS SYSTEMS, INC, Plaintiff : CIVIL DIVISION Vs, : CUMBERLAND COUNTY SCOTT A, DAVIS LISA M, DAVIS NK/A LISA M. ROONEY NK/A LISA M. SNYDER : NO, 05-6801 Defendants TO: LISA M. DAVIS NKlA LISA M. ROONEY NKlA LISA M. SNYDER 376 BURNT HOUSE ROAD CARLISLE, PA 17013 DATE OF NOTICE: FFRRIJARY 2, 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.JF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU, UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PAl 70 13 (800)990-9108 CC: THE US ATTORNEY FOR THE MIDDLE DISTRICT OF PA ~.~0 A ~,J&"-<",, FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & 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<;) <;01-7000 MORTGAGE ELECTRONIC REGISTRATION: COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff : CIVIL DIVISION Vs, : CUMBERLAND COUNTY SCOTT A. DAVIS LISA M, DAVIS AfK!A LISA M, ROONEY AfK!A LISA M, SNYDER : NO, 05-6801 Defendants TO: SCOTT A. DAVIS 376 BURNT HOUSE ROAD CARLISLE, PA 17013 DATE OF NOTICE: FFRRITARY Z, Z006 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 DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE 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 CC: THE US ATTORNEY FOR THE MIDDLE DISTRICT OF PA 1:uv~ 1. 1l-c~~ FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-6801 SCOTT A. DAVIS LISA M. DAVIS a1k/a LISA M. RODKEY a1k/a LISA M. SYNDER Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended, (b) that defendant SCOTT A. DAVIS is over 18 years of age and resides at , 376 BURNT HOUSE ROAD, CARLISLE, PA 17013. (c) that defendant LISA M. DAVIS alk/a LISA M. RODKEY a/k/a LISA M. SyNDER is over 18 years of age, and resides at, 376 BURNT HOUSE ROAD, CARLISLE, P A 17013. This statement is made subject to the penalties of 18 Pa, C.S. Section 4904 relating to unsworn falsification to authorities. :tJ~.Jf~~ DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ~(Q r:J ~ ~1l\& ~~~;Y :."\ 'J' -t I'- ~~~:p If-' -{) J:: r--- ("', _.:-0 , _q ._.1 lr~ "I: .,-1 \.....} f"',) ~, !'.' C'-. - (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-6801 SCOTT A. DAVIS LISA M. DAVIS alkJa LISA M. RODKEY a/kJa LISA M. SYNDER Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 'tp"S ~ 200 h. <eY: Lto~" p 71;Cfl/Zdor----- DEPUTY t.- If you have any questions concerning this matter, please contact: j]~ )j~ DANIEL G. SCHMIEG, ES UIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BLVD" SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON 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," P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. No. 05-6801 SCOTT A. DAVIS LISA M. DAVIS a1k1a LISA M. RODKEY a1k1a LISA M. SYNDER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $79,608.70 Interest from 2/21/06 to JUNE 7, 2006 (per diem -$13.09) $1,387,54 and Costs TOTAL $80,996.24 ~~J/~~ DANIEL G. SCHMIEG, ESQ One Penn Center at Suburban Station 1617 John F, Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property, No , IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. .......... $$ ........ ...... ~~ ~~ ~ ~~ ~'" % ,.,~ ~~ ~ UU ~ Z ~~ ~ ~ g. ~~ ~~ -6 '" ,... OJ ~?': 0 ';:. G 1Ol~ ~ 0$ if> 1Ol~ u~ 3 ~'E "'';l OJ ~~ ,... . "'a 1Ol~ ~O .P ~Z Z~ ~~ ~~ :;; ~~ \M'" a ~7; ~ o~ ~\ if> 1,~ t~ ~.~ '@a '" ~~ 'j~ ~~ ~ .;, ~~ ~~ p. .,. OJ uZ IOlZ ,.... '-C'-C '" b~ ~~ ........ ~~ ~g. .......... .P u~ o '" '7 ~~ \M u ",$. ~b ;;, ~~ ~ if> e=- OJ ~~ ~l-" 0$ -B 3 u 'i o$. ~ ~ 1 ~~ ~" "'a .--' ,~ ~ ~ 1M ~% ~ ~ ~ ~';l ~ u ~ ~ $. -t ,.;l .~ 3 ~~~ ~ - - - ~ ~ ,.."") - - - ~ - - - ~':.,- (~l c-- ~~ ~ - ;:: ::. ~-:5 <:) ~ ~ - - '::. ::::(" ::r ,'..',- \ c", 1;:- (L-\ \ \ (J .:::r- - ;:"-J () ~ <J .....-l c,j ~ C (j () <:) () 'l.t) ~ ,.,." Cl V) :r ~ t,.'.! :r G U) - ~ -, u- '\.00:- ~ 0 ~ ~ (?J \,-- ti)("l\ ~\.,) C> ~,~~, _I"l \") ~ ------------- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-6801 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 SCOTT A, DAVIS, LISA M. DAVIS A1K/A LISA M. RODKEY A1K/A LISA M. SNYDER (I) You are directed 10 levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the propetty of the defendant( s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $79,608.70 L. L. $,50 Interest FROM 2/21/06 TO 6/7106 (PER DIEM - $13.09) - $1,387.54 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $130.40 Plaintiff Paid Date: FEBRUARY 23, 2006 Other Costs CURTIS R. LONG (Seal) Prothonotary y 77J:. ~nAn . OI~ 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 DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a P.K nail in Township Road T-545, known as Burnt House Road, said point being in the Northwest comer of other lands now or formerly of Sidney J. and Virginia M. Lillie; thence along the lands now or formerly of Lillie, South 37 degrees 11 minutes 21 seconds West 177.60 feet to an iron pin in the line oflands now or formerly of John D. and Darlene S. Tyler; thence along the lands now or formerly of Tyler and continuing along the lands now or formerly of Robert L. and Nancy D. Thompson, North 80 degrees 36 minutes 19 seconds West 413.61 feet to an iron pin in the line oflands now or formerly of Luther A, and Anna Mae Mountz; thence along the lands now or formerly of Mountz, North 00 degrees 5 minutes 50 seconds West 73.72 feet to an iron pin in the line of lands now or formerly of Lillie; thence along the lands now or formerly of Lillie, the following three courses and distances: North 52 degrees 32 minutes 41 seconds East 85.77 feet; North 62 degrees 16 minutes 27 seconds East 95.78 feet; and South 86 degrees 38 minutes 50 seconds East 277.31 feet to a P.K. nail set in Burnt House Road; thence in Burnt House Road South 44 degrees 46 minutes 00 seconds East 73.66 feet to a P.K. nail; thence continuing in Burnt House Road South 50 degrees 32 minutes 20 seconds East 43.99 feet to a P.K, nail, at the place of BEGINNING. CONTAINING a total of2.0 acres and being Lot No.2 as shown on the Preliminary Final Subdivision Plan prepared by Stephen G. Fisher, R.S., dated April 9, 1990 and recorded in Cumberland County Plan Book 60, Page 103, UNDER AND SUBJECT, HOWEVER, to the rights of Sidney J. Lillie and Virginia M. Lillie, their successors and assigns, to use a macadam driveway which crosses said lot and is more particularly set forth on the Plan recorded in Plan Book 60, Page 103, for the purpose of ingress, egress and regress to Lot No 1 as shown on the previously referred to Plan, BEING the same premises which Virginia M. Lillie, widow, by her Deed dated May 25, 1994 and recorded May 25, 1994 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 105, Page 1080, granted and conveyed unto Scott A. Davis, one of the Grantors herein. Being Parcel # 08-10-0630-001 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Scott A. Davis and Lisa M. Davis, husband and wife, by Deed from Scott A. Davis and Lisa M. Davis, husband and wife, dated 10-18-02, recorded 10-28-02 in Deed Book 254, page 1131. PREMISES BEING: 376 BURNT HOUSE ROAD, CARLISLE, PA 17013 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 SCOTT A. DAVIS LISA M. DAVIS a/k1a LISA M. RODKEY aJkIa LISA M. SYNDER NO. 05-6801 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. tivV'-<~j JJ -~ ~(R1 DANIEL G. SCHMIEG, ES<SUIRE Attorney for Plaintiff r-.,) -~.., .) r ~ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION SCOTT A. DAVIS LISA M. DAVIS a/kJa LISA M. RODKEY a/kJa LISA M. SYNDER NO. 05-6801 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 .376 BURNT HOUSE ROAD, CARLISLE, PA 17013. J. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SCOTT A. DAVIS 376 BURNT HOUSE ROAD CARLISLE, PA 17013 LISA M. DAVIS a/kJa LISA M. RODKEY a/kJa LISA M. SYNDER 376 BURNT HOUSE ROAD CARLISLE, P A 17013 2, Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) USA, INTERNAL REVENUE SERVICE SPECIAL PROCEDURES BRANCH FEDERATED INVESTORS TOWER THIRTEENTH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY EASTERN DISTRICT OF PA 615 CHESTNUT STREET, SUITE 1250 PHILADELPHIA, PA 19106-4476 A TTN: LISA MURRAY 4, .l;'1ame and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LARRY L. WARNER 414 EAST OLD YORK ROAD CARLISLE, P A 17013 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 376 BURNT HOUSE ROAD CARLISLE, PA 17013 Domestic Relatious of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verifY that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of18 Pa. C,S, Sec. 4904 relating to unsworn falsification to authorities, February 21. 2006 DATE ~~J---!~ DANIEL G, SCHMIEG, ESQ IRE Attorney for Plaintiff , .:;; __r, <:'1<\ r<"J c} ...., L~' ------- . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. Plaintiff, CUMBERLAND COUNTY No. 05-6801 v. SCOTT A. DAVIS LISA M. DAVIS a/kIa LISA M. RODKEY alkla LISA M. SYNDER Defendant(s). February 21, 2006 TO: SCOTT A. DAVIS 376 BURNT HOUSE ROAD CARLISLE, PA 17013 LISA M. DAVIS alkla LISA M. RODKEY a/kIa LISA M. SYNDER 376 BURNT HOUSE ROAD CARLISLE, P A ] 7013 **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 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. 376 BURNT HOUSE ROAD. CARLISLE. PA 17013. 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 $79.608.70 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. 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 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, lfthe 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 maybe 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 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 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 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a P.K nail in Township Road T-545, known as Burnt House Road, said point being in the Northwest comer of other lands now or formerly of Sidney J. and Virginia M. Lillie; thence along the lands now or formerly of Lillie, South 37 degrees II minutes 21 seconds West 177.60 feet to an iron pin in the line of lands now or formerly of John D. and Darlene S. Tyler; thence along the lands now or formerly of Tyler and continuing along the lands now or formerly of Robert L. and Nancy D, Thompson, North 80 degrees 36 minutes 19 seconds West 413.61 feet to an iron pin in the line oflands now or formerly of Luther A. and Anna Mae Mountz; thence along the lands now or formerly of Mountz, North 00 degrees 5 minutes 50 seconds West 73.72 feet to an iron pin in the line oflands now or formerly of Lillie; thence along the lands now or formerly of Lillie, the following three courses and distances: North 52 degrees 32 minutes 41 seconds East 85,77 feet; North 62 degrees 16 minutes 27 seconds East 95.78 feet; and South 86 degrees 38 minutes 50 seconds East 277.31 feet to a P.K. nail set in Burnt House Road; thence in Burnt House Road South 44 degrees 46 minutes 00 seconds East 73.66 feet to a P.K. nail; thence continuing in Burnt House Road South 50 degrees 32 minutes 20 seconds East 43.99 feet to a P.K. nail, at the place of BEGINNING. CONTAINING a total of 2.0 acres and being Lot No.2 as shown on the Preliminary Final Subdivision Plan prepared by Stephen G. Fisher, R.S., dated April 9, 1990 and recorded in Cumberland County Plan Book 60, Page 103. UNDER AND SUBJECT, HOWEVER, to the rights of Sidney J. Lillie and Virginia M. Lillie, their successors and assigns, to use a macadam driveway which crosses said lot and is more particularly set forth on the Plan recorded in Plan Book 60, Page 103, for the purpose of ingress, egress and regress to Lot No I as shown on the previously referred to Plan, BEING the same premises which Virginia M. Lillie, widow, by her Deed dated May 25, 1994 and recorded May 25,1994 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 105, Page 1080, granted and conveyed unto Scott A. Davis, one ofthe Grantors herein, Being Parcel # 08-10-0630-001 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Scott A. Davis and Lisa M. Davis, husband and wife, by Deed from Scott A. Davis and Lisa M. Davis, husband and wife, dated 10-18-02, recorded 10-28-02 in Deed Book 254, page 1131. PREMISES BEING: 376 BURNT HOUSE ROAD, CARLISLE, PA 17013 ~) " -n \,,-\ t-';1 t;;; r',) W ;"" ~, fi\ ..----- . , Mortgage Electronic Registration Systems, Inc. VS Scott A. Davis and Lisa M. Davis In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-6801 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriff's Costs: Docketing Surcharge Prothonotary Law Library Poundage Levy Mileage 30.00 30.00 1.00 .50 215.23 15.00 4.40 $296.13 Sworn and subscribed to before me So Ap.~9J" r~- ~"C~~-.1' R. Thomas Kline, Sheriff BY \1 ocL,1 S.~ Real Estate Sergeant 2006, A.D. ~ ':::,1:> \. Ck.6'3(. '/3 R.u., 17 7 ? <fcr \1 ..., MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. ~' CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION SCOTT A. DAVIS LISA M. DAVIS alkfa LISA M. RODKEY alkfa LISA M. SYNDER NO. 05-6801 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 .376 BURNT HOUSE ROAD. CARLISLE, PA 17013. J. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address eannot be reasonably ascertained, please indicate) SCOTT A. DAVIS 376 BURNT HOUSE ROAD CARLISLE, PA 17013 LISA M. DAVIS alkfa LISA M. RODKEY alkfa LISA M. SYNDER 376 BURNT HOUSE ROAD CARLISLE, PA 17013 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) U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY EASTERN DISTRICT OF P A THIRTEENTH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 615 CHESTNUT STREET, SUITE 1250 PIDLADELPHIA, PA 19106-4476 ATTN: LISA MURRAY USA,INTERNAL REVENUE SERVICE SPECIAL PROCEDURES BRANCH FEDERATED INVESTORS TOWER \ '" 4. Name and address of last recorded holder of e~ery mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LARRY L. WARNER 414 EAST OLD YORK ROAD CARLISLE, PA 17013 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 376 BURNT HOUSE ROAD CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 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. February 21. 2006 DATE 'Jf~J--!~ DANIEL G. SCHMIEG, ESQcJllrn Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, CUMBERLAND COUNTY No. 05-6801 v. SCOTT A. DAVIS LISA M. DAVIS aIkIa LISA M. RODKEY aIkIa LISA M. SYNDER Defendant(s). TO: SCOTT A. DAVIS 376 BURNT HOUSE ROAD . CARLISLE, PA 17013 February 21, 2006 LISA M. DAVIS aIkIa LISA M. RODKEY aIkIa LISA M. SYNDER 376 BURNT HOUSE ROAD CARLISLE, PA 17013 "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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A UEN AGAINST PROPERTY... Your house (real estate) .at . 376 BURNT HOUSE ROAD. CARLISLE. P A 17013. 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 ofS79.608.70 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance withPa.R.C.P., Rule 3129,3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT TInS SHERIFFS SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the 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 maybe 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 TillS 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 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, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) DESCRIPTION ALL THAT CERTAIN tract ofland with the improvements thereon erected situate in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a P.K nail in Township Road T -545, known as Burnt House Road, said point being in the Northwest comer of other lands now or formerly of Sidney J. and Virginia M. Lillie; thence along the lands now or formerly of Lillie, South 37 degrees 11 minutes 21 seconds West 177.60 feet to an iron pin in the line oflands now or formerly of John D. and Darlene S. Tyler; thence along the lands now or formerly of Tyler and continuing along the lands now or formerly of Robert L. and Nancy D. Thompson, North 80 degrees 36 minutes 19 seconds West 413.61 feet to an iron pin in the line oflands now or formerly of Luther A. and Anna Mae Mountz; thence along the lands now or formerly of Mountz, North 00 degrees 5 minutes 50 seconds West 73.72 feet to an iron pin in the line oflands now or formerly ofLiIlie; thence along the lands now or formerly of Lillie, the following three courses and distances: North 52 degrees 32 minutes 41 seconds East 85.77 feet; North 62 degrees l6rninutes 27 seconds East 95.78 feet; and South 86 degrees 38 minutes 50 seconds East 277.31 feet to a P.K. nail set in Burnt House Road; thence in Burnt House Road South 44 degrees 46 minutes 00 seconds East 73.66 feet to a P .K. nail; thence continuing in Burnt House Road South 50 degrees 32 minutes 20 seconds East 43.99 feet to a P.K. nail, at the place of BEGINNING. CONTAINING a total of2.0 acres and being Lot No.2 as shown on the Preliminary Final Subdivision Plan prepared by Stephen G. Fisher, R.S., dated April 9, 1990 and recorded in Cumberland County Plan Book 60, Page 103. UNDER AND SUBJECT, HOWEVER, to the rights of Sidney J. Lillie and Virginia M. Lillie, their successors and assigns, to use a macadam driveway which crosses said lot and is more particularly set forth on the Plan recorded in Plan Book 60, Page 103, for the purpose of ingress, egress and regress to Lot No 1 as shown on the previously referred to Plan. BEING the same premises which Virginia M. Lillie, widow, by her Deed dated May 25, 1994 and recorded May 25,1994 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 105, Page 1080, granted and conveyed unto Scott A. Davis, one of the Grantors herein. Being Parcel # 08-10-0630-001 RECORD OWNER mLE TO SAID PREMISES IS VESTED IN Scott A. Davis and Lisa M. Davis, husband and wife, by Deed from Scott A. Davis and Lisa M. Davis, husband and wife, dated 10-18-02, recorded 10-28-02 in Deed Book 254, page 1131. PREMISES BEING: 376 BURNT HOUSE ROAD, CARLISLE, P A 17013 . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL V ANlA) COUNTY OF CUMBERLAND) NO 05-6801 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 SCOTT A. DAVIS, LISA M. DAVIS AIKIA LISA M. RODKEY AlKI A LISA M. SNYDER (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 ofthe defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property ofthe defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated, Amount Due $79,608.70 L.L. $.50 Interest FROM 2/21/06 TO 6/7/06 (PER DIEM - $13.09) - $1,387.54 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $130.40 Other Costs Plaintiff Paid Date: FEBRUARY 23, 2006 CURTIS R. LONG (Seal) Proth~ry ~ "-!ly: ~ _P _ 'Y(d/l.r-- Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PffiLADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No. 62205 , Real Estate Sale # 52 On March 01, 2006 the Sherifflevied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA Known and numbered as 376 Burnt House Road, filed with this writ and by this reference incorporated herein. (C..) c:;;;J CViJ = ~ liVi Carlisle, more fully described on Exhibit "A" Date: March 01, 2006 By: 00cicj~ Real Estate Sergeant LO :E d hl 93~ QOOl Itd ''\lNnUJ ON,rllJJ8WnJ .:l.:lll:l3HS 3Hl .:10331.:1.:10 , ,. PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 ATTORNEY FOR PLAINTIFF One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. : Court of Common Pleas Plaintiff : Civil Division vs. : Cumberland County Scott A. Davis Lisa M. Davis, a/k/a Lisa M. Rodkey, AJk!a Lisa M. Snyder, et al. Defendant( s) : No. 05-6801 PRAECIPE TO THE PROTHONOTARY: Please mark the above referenced case Discontinued and Ended without - prejudict _Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. X Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. , Date: ~/ I J~ 7 ( /,-:. Francis S. Hallinan, Esquire Attorney for Plaintiff PHS# 128260 -i) ~ """- ~ ~ ~ ~ ~ 't.~ o vt \) ~ ~ ~~ -r ~ a ~ ~ i ~ fVl ,'- ~ · -7 <"T' - ~~, -;. ';s1;i." , .... ,~. " ""'0 ~C) S '~~ ~ ...c::. CP