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Home My WebLink About06-0882PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff v. PAUL A. RHEAUME 15 WEST FACTORY STREET MECHANICSBURG, PA 17055 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM ryp NO.Oo-J0k- (2-0?CCUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 Pile #: 130459 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. File #: 130459 Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN. VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: EVERHOME MORTGAGE COMPANY 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 2. The name(s) and last known address(es) of the Defendant(s) are: PAUL A. RHEAUME 15 WEST FACTORY STREET MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 04/21/1994 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to GMAC MORTGAGE CORPORATION OF PA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1209, Page: 646. By Assignment of Mortgage recorded 06/04/04 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 708, Page 3926. 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 10/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 130459 6. The following amounts are due on the mortgage: Principal Balance $65,891.54 Interest 2,397.04 09/01/2005 through 02/13/2006 (Per Diem $14.44) Attorney's Fees 1,250.00 Cumulative Late Charges 0.00 04/21/1994 to 02/13/2006 Cost of Suit and Title Search $ 3.00 Subtotal $ 69,541.58 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 69,541.58 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) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 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 $ 69,541.58, together with interest from 02/13/2006 at the rate of $14.44 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 HALL AN & SCHMIEG, LLP By: s Francis S Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 130459 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate on the south side of West Factory Street, 4th Ward, in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the southern line of Factory Street, said point being measured in a southwesterly direction two hundred sixty (260.00) feet from the southwest corner of Factory Street and Market Street; thence south 21 degrees 25 minutes East along the western line of lands now or formerly of Aaron C. Kapp a distance of one hundred nineteen and sixteen hundredths (119.16) feet to a hub on the northern line of a fifteen (15.00) foot wide alley; thence South 71 degrees 33 minutes West along said northern line of alley a distance of sixty-one (61.00) feet to a hub; thence North 18 degrees 27 minutes west along the eastern line of lands now or formerly of John H. Weigel, Jr., a distance of one hundred nineteen (119.00) feet to a hub on the southern line of Factory Street; thence North 71 degrees 33 minutes East along said southern line of Factory Street a distance of fifty-four and eighty-three hundredths (54.83) feet to a hub, the point and Place of BEGINNING. HAVING thereon erected a 2 1/2 story frame dwelling and detached frame garage known and numbered as 15 West Factory Street. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights of way of record. BEING the same premises which Eric B. Hughes and Jean Hughes, his wife, by their deed dated June 30, 1992, and recorded July 7, 1992, in the Office of the Recorder of Deeds, in and for Cumberland County, in Deed Book T, Volume 35, Page 606, granted and conveyed unto Donald L. Stoner, Jr. and Jeanna J. Stoner, his wife, Grantors herein. Filek 130459 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. ,?) IJ&? FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: J4. ul V 1J a J? .G PHELAN IIALTtNAN S SCHMIEtG, L.L.P. By: DANIEL G. SCH\IIEG 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 SYSTEM S,INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-882 PAUL A. RHEAUNIE Defendant(s). PRAT CI PE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENTOF DAMAGES TO THE PROTI IONO FARY: Kindly enter an in rem judgment in favor of the Plaintiff and against PAUL A. RITFAUME, Defendant(s) for failare to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Eoreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest Gom 2/14/06 to 4/7/06 TOTAL $69,541.58 $750.88 $70,292.46 1 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. DAMAGES ARE: II1:RI:13Y ASSESSED AS INDICATED. n G. SCH IEG, ESQU Attorney for Plaintiff DATE: fip?L -/[t )6X PRO OTHY 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 Philadelphia, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION : COURT OF COMMON PLEAS SYSTEMS, INC. Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY PAUL A. RHEAUME :NO. 06-8S2 Defendants TO: PAUL A. RHEAUAIE 15 WEST FACTORY STREET FILE COPY MECHANICSBURG, PA 17055 DATE OF NOTICE: MARCH 17, 2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE, OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 ,IrCH+?I ?? ??d FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCNMIEG, L.L.P. By: DANIEL G. SCI[MIEG Identification No. 62205 ONE PENN CENTER AT SUBUIMAN STATION 1617 JOAN F. KENNEDY BLVD., SUITE 1400 PIIILADELPIIIA, PA 19103-1814 (15) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTENIS,INC. Plaintiff, V. PAUL A. RHEAUt11E De fen d a nt(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-882 VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCH VIIEG, 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 oth-twise within the provisions of the Soldiers' and Sailors' Civil Relicf Act of Congress of 1940, as amended. (b) that dcfendan: PAULA. RHEAUME is over I8 years ofage and resides at, 15 N'? EST [+ACTOF:Y STREET, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification io authorities. 6 5 (Rule of Civil Procedure No. 236) - Revised IN'rHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL AC'rION - LAW MORTGAGE EI,P:CTRONIC IZi?GIS'I'IZAT10N SYSTE_IIS,INC. CUMBERLAND COUNTY 8201 GREENSBORO DRIVE, SUITE 350 COURT OF COMMON PLEAS CIVIL DIVISION V. Plaintiff, NO. 06-882 PAUL A. RIIEAUME Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 By: If you have any questions concerning Ihis matter, please contact: **It IIS F1RM IS A DEBT COLLECTOR AT'T'EMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR TI TAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCI AI:GE IN BAN 1CR1 JPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDflNCE IS NOT AND SHOO CD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENF0R'C1'N4LNT OF A LIEN AGAINST PROPERTY.** SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SHERIFF'S RETURN - REGULAR CASE NO: 2006-00882 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS RHEAUME PAUL A CPL. RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RHEAUME PAUL A DEFENDANT the , at 0946:00 HOURS, on the 24th day of February , 2006 at 15 WEST FACTORY STREET MECHANICSBURG, PA 17055 by handing to PAUL RHEAUME a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.80 Affidavit .00 Surcharge 10.00 .00 36.80 So Answers: R. Thomas Kline 02/27/2006 PHELAN H Sworn and Subscribed to before By: me this dl.a.r day of 0`000 A . D . Pro n tart' (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. No. 06-882 PAUL A. RHEAUME Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $70,292.46 Interest from 4/8/06 to SEPTEMBER 6, 2006 $1744.05 and Costs (per diem -$11.55) TOTAL $72,036.51 ?6 LA-1 S -.=A2. . 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. I ~ c z w U . .7 U ? U ?a HW ? w o O Uz W? W ? p ? w W. ?D w z > a oa o ?H a a a C\i C 0? O J th ? Z4 ? o J cw a d W ti a? a? a vJ c ALL THAT CERTAIN tract or parcel of land situate on the south side of West Factory Street, 4th Ward, in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the southern line of Factory Street, said point being measured in a southwesterly direction two hundred sixty (260.00) feet from the southwest corner of Factory Street and Market Street; thence south 21 degrees 25 minutes East along the western line of lands now or formerly of Aaron C. Kapp a distance of one hundred nineteen and sixteen hundredths (119.16) feet to a hub on the northern line of a fifteen (15.00) foot wide alley; thence South 71 degrees 33 minutes West along said northern line of alley a distance of sixty-one (61.00) feet to a hub; thence North 18 degrees 27 minutes west along the eastern line of lands now or formerly of John H. Weigel, Jr., a distance of one hundred nineteen (119.00) feet to a hub on the southern line of Factory Street; thence North 71 degrees 33 minutes East along said southern line of Factory Street a distance of fifty-four and eighty-three hundredths (54.83) feet to a hub, the point and Place of BEGINNING. HAVING thereon erected a 2%Z story frame dwelling and detached frame garage known and numbered as 15 West Factory Street. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights of way of record. BEING the same premises which Eric B. Hughes and Jean Hughes, his wife, by their deed dated June 30, 1992, and recorded July 7, 1992, in the Office of the Recorder of Deeds, in and for Cumberland County, in Deed Book T, Volume 35, Page 606, granted and conveyed unto Donald L. Stoner, Jr. and Jeanna J. Stoner, his wife, Grantors herein. Being Parcel # 19-22-0519-083 TITLE TO SAID PREMISES IS VESTED IN Paul A. Rheaume, a single man, by Deed from Donald L. Stoner, Jr., and Jeanna J. Stoner, his wife, dated 4-21-94, recorded 4-28- 94 in Deed Book 104, page 686. Being known as: 15 WEST FACTORY STREET, MECHANICSBURG, PA 17055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-882 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 PAUL A. RHEAUME (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $70,292.46 L.L. $.50 Interest FROM 4/8/06 TO 9/6/06 (PER DIEM - $11.55) - $1744.05 AND COSTS Atty's Comm % Atty Paid $118.80 Plaintiff Paid Date: MAY 25, 2006 (Seal) 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 Due Prothy $1.00 Other Costs CURT R. LONG Prothonotary By: Deputy 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. PAUL A. RHEAUME Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-882 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: () 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. DANIEL G. SCHMIEG, RYE Attorney for Plaintiff ?=` ? o .t,,?` .? `r-r z ,T, ? _?. ' --? ?'? i r- rv -? ice; -- _-- c _' t:,? s- k.-? t? r`x? _ -c? ?7 ?_> t,,:? ^? MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. PAUL A. RHEAUME Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-882 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,15 WEST FACTORY STREET, MECHANICSBURG, PA 17055 1. Name and address of Owner(s) or reputed Owner(s): Name PAUL A. RHEAUME Last Known Address (if address cannot be reasonably ascertained, please indicate) 15 WEST FACTORY STREET MECHANICSBURG, PA 17055 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 DOVENMUEHLE MORTGAGE COMPANY Last Known Address (if address cannot be reasonably ascertained, please indicate) 1501 WOODFIELD ROAD SCHAUMBURG, IL 60173 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) PENNSYLVANIA HOUSING FINANCE AGENCY PENNSYLVANIA HOUSING FINANCE AGENCY 2101 NORTH FRONT STREET PO BOX 15530 HARRISBURG, PA 17105 211 NORTH FRONT STREET PO BOX 15530 HARRISBURG, PA 17105 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 15 WEST FACTORY STREET MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 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. r May 22, 2006 DATE DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff Cpl ..,.7 ,_ C+ . . Cil J , -. ? r L J c ? CA? : MORTGAGE ELECTRONIC REGISTRATION CUMBERLAND COUNTY SYSTEMS, INC. Plaintiff, No. 06-882 V. PAUL A. RHEAUME Defendant(s). May 22, 2006 TO: PAUL A. RHEAUME 15 WEST FACTORY STREET MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFALIEN AGAINST PROPERTY." Your house (real estate) at 15 WEST FACTORY STREET, MECHANICSBURG, PA 17055, 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 $70,292.46 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: (2151563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO 'tO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 ALL THAT CERTAIN tract or parcel of land situate on the south side of West Factory Street, 4th Ward, in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the southern line of Factory Street, said point being measured in a southwesterly direction two hundred sixty (260.00) feet from the southwest corner of Factory Street and Market Street; thence south 21 degrees 25 minutes East along the western line of lands now or formerly of Aaron C. Kapp a distance of one hundred nineteen and sixteen hundredths (119.16) feet to a hub on the northern line of a fifteen (15.00) foot wide alley; thence South 71 degrees 33 minutes West along said northern line of alley a distance of sixty-one (61.00) feet to a hub; thence North 18 degrees 27 minutes west along the eastern line of lands now or formerly of John H. Weigel, Jr., a distance of one hundred nineteen (119.00) feet to a hub on the southern line of Factory Street; thence North 71 degrees 33 minutes East along said southern line of Factory Street a distance of fifty-four and eighty-three hundredths (54.83) feet to a hub, the point and Place of BEGINNING. HAVING thereon erected a 2% story frame dwelling and detached frame garage known and numbered as 15 West Factory Street. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights of way of record. BEING the same premises which Eric B. Hughes and Jean Hughes, his wife, by their deed dated June 30, 1992, and recorded July 7, 1992, in the Office of the Recorder of Deeds, in and for Cumberland County, in Deed Book T, Volume 35, Page 606, granted and conveyed unto Donald L. Stoner, Jr. and Jeanna J. Stoner, his wife, Grantors herein. Being Parcel # 19-22-0519-083 TITLE TO SAID PREMISES IS VESTED IN Paul. A. Rheaume, a single man, by Deed from Donald L. Stoner, Jr., and Jeanna J. Stoner, his wife, dated 4-21-94, recorded 4-28- 94 in Deed Book 104, page 686. Being known as: 15 WEST FACTORY STREET, MECHANICSBURG, PA 17055 r;Al; i ? t ' ? "7 ?.' f lLLl _"? t rl AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DEFENDANT(S) PAUL A. RHEAUME SERVE PAUL A. RHEAUME AT 15 WEST FACTORY STREET MECHANICSBURG, PA 17055 No. 06-882 CUMBERLAND COUNTY CXP ACCT. #9000060672 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 6, 2006 ,t SERVED Served and made known to p I au ( 4, Rh eQka e , Defendant, on the 2-74 h day of /"t? V . 200(0, at 2.?, o'clockpm., at k r w . F'Q t f en y S ? . , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place 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 46 'S'0 Height S14tt Weight ! qO Race - W Sex 44 Other 1, h G u, Q t 12en 4-.S , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this 7 -Z, N V FRANKS of M -iff- ON EXPIRES 1!2n ? _ ???Tl? - 03112X108 By: T ?/ o -? PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved _ Unknown _ No Answer 15t Attempt: Time: Vacant 2ad Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200. Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 z? z? ?? o ? ?.- „ . u . ,,, ?: ?,, ,, : _ ?: ? .?. ?,, ;;-?<' :.: ?? - .< <? ., i . t. -- PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Court of Common Pleas Plaintiff : Civil Division vs. Paul A. Rheaume Defendant : Cumberland County : No. 06-882 Civil Term PLAINTIF'F'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on February 14, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on April 13, 2006 in the amount of $70,292.46. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. The Property is listed for Sheriffs Sale on September 6, 2006. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 4. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $65,891.54 Interest Through 9/6/06 5,343.57 Per Diem $14.44 Late Charges 256.77 Legal fees 1,250.00 Cost of Suit and Title 1,057.00 Sheriffs Sale Costs 1,436.80 Property Inspections 135.00 AppraisalBPO 0.00 MIP/PMI 0.00 NSF 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 823.78 TOTAL $76,194.46 The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 6. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP Date: By: Michele M. Bradford, Es Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Court of Common Pleas Plaintiff : Civil Division VS. Paul A. Rheaume : Cumberland County : No. 06-882 Civil Term Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendant executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 15 West Factory Street, Mechanicsburg, PA 17055. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. H. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. M. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. IV. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shoppin Cg enter, 68 D&C 2d 751, 755 (1974). The provision of the Mortgage which allows the Plaintiff to recover attorney's fees in the instant action is highlighted for the court's reference. In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. V. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958), Chase Home Mortgage Corporation of the Southwest v. Good 537 A.2d 22, 24 (Pa.Super. 1988). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: 1 Ig- low By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HA%LINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ.,, Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 2 S6 -7 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff V. PAUL A-RHEAUME 15 WEST FACTORY STREET MECHANICSBURG, PA 17055 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY 0 niM, Na czzl eM?' W r E5 U1 VII. ACTION - LAW COMP IN MORTGAGE FO CLOSURE NOTICE O ^-I Z? 961 L ? y 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 cast may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Cadisle, PA 17013 (800)990-9108 We hozeby ATTORNEY FILE COPY Within to be 3 t.V u av.: PLEASE RETURN carl?adlt copy of th n,c0 130459 b11gly)ZI filed "e, I,,:) rc PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff V. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. PAUL A. RHEAUME CUMBERLAND COUNTY 15 WEST FACTORY STREET MECHANICSBURG, PA 17055 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 130459 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. File #: 130459 Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: EVERHOME MORTGAGE COMPANY 8120 NATIONS WAY BUILDING 100 JACKSONVILLE, FL 32256 2. The name(s) and last known address(es) of the Defendant(s) are: PAUL A. RHEAUME 15 WEST FACTORY STREET MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 04/21/1994 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to GMAC MORTGAGE CORPORATION OF PA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1209, Page: 646. By Assignment of Mortgage recorded 06/04/04 the mortgage was Assigned To PLAIN71W which Assignment is recorded in Assignment Of Mortgage Book No. 708, Page 3926. 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 10/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 130459 6. The following amounts are due on the mortgage: Principal Balance $65,891.54 Interest 2,397.04 09/01/2005 through 02/13/2006 (Per Diem $14.44) Attorney's Fees 1)250.00 Cumulative Late Charges 0.00 04/21/1994 to 02/13/2006 Cost of Suit and Title Search 3.00 Subtotal $ 69,541.58 Escrow Credit 0.00 Deficit 000 Subtotal $ 0 TOTAL $ 69,541.58 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. 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) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 69,541.58, together with interest from 02/13/2006 at the rate of $14.44 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 HALL AN & SCHMMIIEG, LLP By: /s/Francis S. Hall nan r LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 130459 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate on the south side of West Factory Street, 4th Ward, in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the southern line of Factory Street, said point being measured in a southwesterly direction two hundred sixty (260.00) feet from the southwest comer of Factory Street and Market Street; thence south 21 degrees 25 minutes East along the western line of lands now or formerly of Aaron C. Kapp a distance of one hundred nineteen and sixteen hundredths (119.16) feet to a hub on the northern line of a fifteen (15.00) foot wide alley; thence South 71 degrees 33 minutes West along said northern line of alley a distance of sixty-one (61.00) feet to a hub; thence North 18 degrees 27 minutes west along the eastern line of lands now or formerly of John H. Weigel, Jr., a distance of one hundred nineteen (119.00) feet to a hub on the southern line of Factory Street; thence North 71 degrees 33 minutes East along said southern line of Factory Street a distance of fifty-four and eighty-three hundredths (54.83) feet to a hub, the point and Place of BEGINNING. HAVING thereon erected a 2 1/2 story frame dwelling and detached frame garage known and numbered as 15 West Factory Street. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights of way of record. BEING the same premises which Eric B. Hughes and Jean Hughes, his wife, by their deed dated June 30, 1992, and recorded July 7, 1992, in the Office of the Recorder of Deeds, in and for Cumberland County, in Deed Book T, Volume 35, Page 606, granted and conveyed unto Donald L. Stoner, Jr. and Jeanna J. Stoner, his wife, Grantors herein. File #: 130459 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification. could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (2.15) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY 8201 GREENSBORO DRIVE, SUITE 350 COURT OF COMMON PLEAS MCLEAN, VA 22102 V. Plaintiff, CIVIL DIVISION NO. - 06-882 PAUL A. RHEAUME 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 PAUL A. RHEAUME , 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 $69,541.58 Interest from 2/14/06 to 4/7/06 $750.88 TOTAL / $70,292.46 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. L G. SC G,_ESQ Attorney for Plaintiff 15 DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Phelan Hallinan & Schmieg, LLP DATE: By. Michele M. Bradford, Esq Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Court of Common Pleas Plaintiff : Civil Division VS. : Cumberland County Paul A. Rheaume No. 06-882 Civil Term Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages and Brief in Support thereof were sent to the following individual on the date indicated below. Paul A. Rheaume 15 West Factory Street Mechanicsburg, PA 17055 Phelan Hallinan & Schmieg, LLP DATE: 'T By: Michele M. Bradford, Esqui Attorney for Plaintiff r-. r -. -; -3'f _?{ f?' -_ {•.' _. r r r > ` ,. ..J C •..' '< ?y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS V. PAUL A. RHEAUME Defendant(s). CIVIL DIVISION NO. 06-882 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 MAY 22, 2006 true and correct copies of the Notice of Sheriffs Sale were served by certificate of mailing to the recorded lienholder(s) and any known interested party. DANIEL G. SCHMIEG, ESQUIftE Attorney for Plaintiff Date: JULY 27, 2006 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. z T to A W N •-, H w r `? W yg o '. r W N r O ^ i' g. N A 2 ?? 9I c b ? a I a1 n n x a' a tv 'Tit. R ? S n r CJ D ro 9 ° 5+ 3t'ri 9 t" O W o v ?? a d o oft 't 04 r ??.y ''ZTy A QomQ" to "? 4 Sn. P ? o z??oo 0,0 70. cn N Y ro O r imi1 m U O Y. Q U3 W 0 o a ? o w ) ro o ? 9 ro o ? w y1PP°sry PH 02 to ? VZ•7+7? N 1 0004309825 MAY 22 2006 MAILED FROM ZIPCODE 191 03 ,- ' ? r _ , - `. - - ? {.: ._ -;; ?.4 ? : Mortgage Electronic Registration Systems, Inc. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA V. Paul A. Rheaume, Defendant 06-882 CIVIL ORDER OF COURT AND NOW, this 1 st day of August, 2006, upon consideration of the foregoing petition, IT IS HEREBY ORDERED AND DIRECTED that: 1. Pursuant to Pa.R.C.P. No. 206.5, a rule is issued upon the defendant to show cause why the plaintiff is not entitled to the relief requested; 2. The defendant will file an answer to this petition on or before August 21, 2006; 3. A copy of said answer will be filed with this Court; 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. By the Court, ichele M. Bradford, Esquire Attorney for Plaintiff/Petitioner /Paul A. Rheaume Defendant ? %I bas J s `\ L M. L. Ebert, Jr., J. ?h>,Y n 11? m _?0 ?-J?? 0 i.': ,? „U. ? ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHELAN HALLINAN & SCHMIEG by: MICHELE M. BRADFORD, Esquire Atty. I.D. No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Plaintiff VS. Paul A. Rheaume Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 06-882 Civil Term CERTIFICATION OF SERVICE I, MICHELE M. BRADFORD, Esquire, hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of August 21, 2006 has been served upon the following persons: Paul A. Rheaume 15 West Factory Street Mechanicsburg, PA 17055 PHELAN HALLINAN IEG, LLP Date: S01W By: Michele M. Brad ord, •quire Attorney for Plain CO PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. I.D. No. 69849 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 Plaintiff vs. Paul A. Rheaume Defendant Attorney for Plaintiff : Court of Common Pleas Civil Division Cumberland County : No. 06-882 Civil Term MOTION TO MAKE RULE ABSOLUTE Plaintiff, Mortgage Electronic Registration Systems, Inc., by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Case absolute in the above-captioned action, and in support thereof avers as follows: That it is The Plaintiff in this action. 2. A Rule was entered by the Court on August 1, 2006 directing the Respondents to show cause why the Motion to Reassess should not be granted. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "A". The Rule to Show Cause was timely served upon all parties on August 8, 2006 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certification of Service of the rule is attached hereto, and made a part hereof, and marked Exhibit "B". Respondents failed to respond or otherwise plead by the Rule Returnable date of August 21, 2006. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff Mortgage Electronic Registration Systems, Inc.'s Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP Date Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. I.D. No. 69849 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. Plaintiff VS. Paul A. Rheaume Defendant Attorney for Plaintiff Court of Common Pleas Civil Division : Cumberland County : No. 06-882 Civil Term BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on July 25, 2006. A Rule was entered by the Court on August 1, 2006 directing the Respondents to show cause why the Motion to Reassess Damages should not be granted. (See Exhibit "A".) The Rule to Show Cause was timely served upon all parties on August 8, 2006 in accordance with the applicable rules of civil procedure. Respondents failed to respond or otherwise plead by the Rule Returnable date of August 21, 2006 upon the Defendant. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. P? HELAN HALLINAN & MIEG, LLP U ?_' v1' Date Michele M. Bradford, Esqui e Attorney for Plaintiff Exhibit "A" Mortgage Electronic Registration Systems, Inc. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. Paul A. Rheaume, Defendant 06-882 CIVIL ORDER OF COURT AND NOW, this 1st day of August, 2006, upon consideration of the foregoing petition, IT IS HEREBY ORDERED AND DIRECTED that: 1. Pursuant to Pa.R.C.P. No. 206.5, a rule is issued upon the defendant to show cause why the plaintiff is not entitled to the relief requested; 2. The defendant will file an answer to this petition on or before August 21, 2006; 3. A copy of said answer will be filed with this Court; 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be'scheduled. By the Court, M. L. Ebert, Jr., Michele M. Bradford, Esquire Attorney for Plaintiff/Petitioner Paul A. Rheaume Defendant bas ?'a Exhibit "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHELAN HALLINAN & SCHMIEG by: MICHELE M. BRADFORD, Esquire Atty. I.D. No. 69849 One Penn Center Plaza; Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. Plaintiff VS. Paul A. Rheaume Defendant ATTORNEY FOR PLAINTIFF COAT IRPME COPY Civil XW167FJir -15 Cumberland County : No. 06-882 Civil Term CERTIFICATION OF SERVICE I, MICHELE M. BRADFORD, Esquire, hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of August 21, 2006 has been served upon the following persons: Paul A. Rheaume 15 West Factory Street Mechanicsburg, PA 17055 Date: S/61W PHELAN HALLINAN w IEG, LLP BATTQRN P1? quire a -CI C" Q cn - co VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff, in this action, that she is authorized to take this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Date Michele M. Bradford, Esquir Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. I.D. No. 69849 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. Plaintiff vs. Paul A. Rheaume Defendant Attorney for Plaintiff : Court of Common Pleas Civil Division Cumberland County : No. 06-882 Civil Term CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion to Make Rule Absolute and Brief in Support thereof was served upon the following interested parties via first class mail on the date indicated below: Paul A. Rheaume 15 West Factory Street Mechanicsburg, PA 17055 81 ?'D k 7-? Date Michele M. Bradford, Esqu' e Attorney for Plaintiff - us f _? 4:'7 PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. I.D. No. 69849 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 Plaintiff VS. Paul A. Rheaume Defendant ORDER Attorney for Plaintiff : Court of Common Pleas : Civil Division Cumberland County : No. 06-882 Civil Term $EP O 1 2oQ6 AND NOW, this o? day of , 2006, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Respondents shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED; and the Prothonotary is ordered to amend the judgment as follows: Principal Balance $65,891.54 Interest Through 9/6/06 5,343.57 Per Diem $14.44 Late Charges 256.77 Legal fees 1,250.00 Cost of Suit and Title 1,057.00 Sheriffs Sale Costs 1,436.80 Property Inspections 135.00 Appraisal/BPO 0.00 MIP/PMI 0.00 NSF 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 823.78 TOTAL $76,194.46 Plus interest through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT: J. ?5 k i u ry i':? ' J, J _V .. t? 'j Mortgage Electronic Registration Systems, Inc In the Court of Common Pleas of VS Cumberland County, Pennsylvania Paul A. Rheaume Writ No. 2006-882 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on July 3, 2006 at 12:30 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Paul A. Rheaume, by making known to Paul A. Rheaume, personally, at 15 West Factory Street, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on July 3, 2006 at 12:30 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Paul A. Rheaume located at 15 West Factory Street, Mechanicsburg, Pennsylvania, 17013 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: Paul A. Rheaume, by regular mail to his last known address of 15 West Factory Street, Mechanicsburg, Pennsylvania, 17013. These letters were mailed under the date of July 14, 2006 and never returned to the Sheriffs Office. 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 $30.00 Poundage 19.09 Advertising 15.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Mileage 8.80 Levy 15.00 Surcharge 20.00 Law Journal Patriot News Postpone Sale Share of Bills 461.00 369.20 20.00 19.31 $ 993.90 ? ?,,, So ,?/'?c R. Thomas Kline, Sheriff BY QOZik4"' Real Estate S •geant /,fit 8Jp l ? s G ?0y 1 ?'G-731 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. PAUL A. RHEAUME Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-882 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) 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 ,15 WEST FACTORY STREET, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PAUL A. RHEAUME 15 WEST FACTORY STREET MECHANICSBURG, PA 17055 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) DOVENMUEHLE MORTGAGE COMPANY 1501 WOODFIELD ROAD SCHAUMBURG, IL 60173 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) PENNSYLVANIA HOUSING FINANCE AGENCY PENNSYLVANIA HOUSING FINANCE AGENCY 2101 NORTH FRONT STREET PO BOX 15530 HARRISBURG, PA 17105 211 NORTH FRONT STREET PO BOX 15530 HARRISBURG, PA 17105 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 15 WEST FACTORY STREET MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 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 unworn falsification to authorities. r May 22, 2006 u----- DATE DANIEL G. SCI-IMIEG, ESQ Attorney for Plaintiff t MORTGAGE ELECTRONIC REGISTRATION CUMBERLAND COUNTY SYSTEMS, INC. Plaintiff, No. 06-882 V. PAUL A. RHEAUME Defendant(s). May 22, 2006 TO: PAUL A. RHEAUME 15 WEST FACTORY STREET MECHANICSBURG, PA 17055 "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 ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at 15 WEST FACTORY STREET, MECHANICSBURG, PA 17055, 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 $70,292.46 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. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 I ALL THAT CERTAIN tract or parcel of land situate on the south side of West Factory Street, 4th Ward, in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the southern line of Factory Street, said point being measured in a southwesterly direction two hundred sixty (260.00) feet from the southwest corner of Factory Street and Market Street; thence south 21 degrees 25 minutes East along the western line of lands now or formerly of Aaron C. Kapp a distance of one hundred nineteen and sixteen hundredths (119.16) feet to a hub on the northern line of a fifteen (15.00) foot wide alley; thence South 71 degrees 33 minutes West along said northern line of alley a distance of sixty-one (61.00) feet to a hub; thence North 18 degrees 27 minutes west along the eastern line of lands now or formerly of John H. Weigel, Jr., a distance of one hundred nineteen (119.00) feet to a hub on the southern line of Factory Street; thence North 71 degrees 33 minutes East along said southern line of Factory Street a distance of fifty-four and eighty-three hundredths (54.83) feet to a hub, the point and Place of BEGINNING. HAVING thereon erected a 2%2 story frame dwelling and detached frame garage known and numbered as 15 West Factory Street. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights of way of record. BEING the same premises which Eric B. Hughes and Jean Hughes, his wife, by their deed dated June 30, 1992, and recorded July 7, 1992, in the Office of the Recorder of Deeds, in and for Cumberland County, in Deed Book T, Volume 35, Page 606, granted and conveyed unto Donald L. Stoner, Jr. and Jeanna J. Stoner, his wife, Grantors herein. Being Parcel # 19-22-0519-083 TITLE TO SAID PREMISES IS VESTED IN Paul A. Rheaume, a single man, by Deed from Donald L. Stoner, Jr., and Jeanna J. Stoner, his wife, dated 4-21-94, recorded 4-28- 94 in Deed Book 104, page 686. Being known as: 15 WEST FACTORY STREET, MECHANICSBURG, PA 17055 • WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-882 Civil COUNTY OF CUMBERLAND) 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 PAUL A. RHEAUME (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $70,292.46 L.L. $.50 Interest FROM 4/8/06 TO 9/6/06 (PER DIEM - $11.55) - $1744.05 AND COSTS Atty's Comm % Atty Paid $118.80 Plaintiff Paid Date: MAY 25, 2006 Due Prothy $1.00 Other Costs RTI . LONG Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 83 On June 06, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA Known and numbered as 15 West Factory Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. U.. a: o BEr Date: June 06, 2006 cn Q W: U- 1 Z W G -? W? c U- r G7 = C-11 By. ?? Real Estate Sergeant w. J Apt W THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of July and the 2nd day(s) of August 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ................. . . . ... . ............... ........................VIA COPY Sworn to and ub ri ed ore me this ?? MMOMMN SALE #83 Notarial Seal Terry ?. Russell, WOV Public ati amsbur9'DaulH? ody 6,2010 My iss? mb Penns Association of Notades CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 l I me Iitiip d ? r ? tt ? ? a the cawdrrna 4se of p; aid' got-, of Oka tea ,bow re.>Maara iiii" pt jpwg 39M31 &ndl'bi&mw(ff immeft O ? a?w ax1 e T, l PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND SS. 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. Marie Coyne, WOW TO AND SUBSCRIBED before me this 4 day of August, 2006 _ NOTNPIAI SEAL LOIS E. SNYOEN, Notary Car!i,rile Boro, GumbeOand County kfi,, t;or-hiss on Expirps March 5, 2000 REAL ESTATE SALE No. 83 Writ No. 2006-882 Civil Mortgage Electronic Registration Systems, Inc. VS. Paul A. Rheaume Atty.: Daniel G. Schmieg ALL THAT CERTAIN tract or par- cel of land situate on the south side of West Factory Street. 4th Ward, in the Borough of Mechanicsburg. County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the southern line of Factory Street, said point being measured in a south- westerly direction two hundred sixty (260.00) feet from the southwest corner of Factory Street and Mar- ket Street; thence south 21 degrees 25 minutes East along the western line of lands now or formerly of Aaron C. Kapp a distance of one hundred nineteen and sixteen hun- dredths (119.16) feet to a hub on the northern line of a fifteen (15.00) foot wide alley; thence South 71 degrees 33 minutes West along said northern line of alley a distance of sixty-one (61.00) feet to a hub. thence North 18 degrees 27 min- utes west along the eastern line of lands now or formerly of John H. Weigel, Jr., a distance of one hun- dred nineteen (119.00) feet to a hub on the southern line of Factory Street; thence North 71 degrees 33 minutes East along said southern line of Factory Street a distance of fifty-four and eighty-three hun- dredths (54.83) feet to a hub, the point and Place of BEGINNING. HAVING thereon erected a 2 1/2 story frame dwelling and de- tached frame garage known and numbered as 15 West Factory Street. UNDER AND SUBJECT, never- theless, to easements, restrictions, reservations, conditions and rights of way of record. BEING the same premises which Eric B. Hughes and Jean Hughes, his wife, by their deed dated June 30, 1992, and recorded July 7, 1992, in the Office of the Recorder of Deeds, in and for Cumberland County, in Deed Book T, Volume 35, Page 606, granted and conveyed unto Donald L. Stoner, Jr. and Jeanna J. Stoner, his wife, Grant- ors herein. Being Parcel # 19-22-0519-083. TITLE TO SAID PREMISES IS VESTED IN Paul A. Rheaume, a single man, by Deed from Donald L. Stoner, Jr., and Jeanna J. Stoner, his wife, dated 4-21-94, recorded 4-28-94 in Deed Book 104, page 686. Being known as: 15 West Fac- tory Street, Mechanicsburg, PA PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. No. 06-882 PAUL A. RHEAUME Defendant(s). . TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Add' I cost interest from 06/21/07 to DECEMBER 5, 2007 (per diem -$14.44) $ 75,909.62 $ 1,057.00 $ 2,092.51 and Costs TOTAL $79,059.13 t One Penn Center at Suburban 1617 John F. Kennedy Boule-, Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. 1400 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 Stale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ? o t V G o +n 0 r d a a U d x U ? H Oz 1-4 a? az ?? Zvi ? W ? x ? O ? ow aW ? w ? o _? ? d 0 0 U? *? O c HU ? a? pd a? a U x ? w F ., a c ?o ?? w r Ar- =s r _ DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate on the south side of West Factory Street, 4th Ward, in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the southern line of Factory Street, said point being measured in a southwesterly direction two hundred sixty (260.00) feet from the southwest corner of Factory Street and Market Street; thence south 21 degrees 25 minutes East along the western line of lands now or formerly of Aaron C. Kapp a distance of one hundred nineteen and sixteen hundredths (119.16) feet to a hub on the northern line of a fifteen (15.00) foot wide alley; thence South 71 degrees 33 minutes West along said northern line of alley, a distance of sixty-one (61.00) feet to a hub; thence North 18 degrees 27 minutes west along the eastern line of lands now or formerly of John H. Weigel, Jr., a distance of one hundred nineteen (119.00) feet to a hub on the southern line of Factory Street; thence North 71 degrees 33 minutes East along said southern line of Factory Street a distance of fifty-four and eighty-three hundredths (54.83) feet to a hub, the point and Place of BEGINNING. HAVING thereon erected a 2'/Z story frame dwelling and detached frame garage known and numbered as 15 West Factory Street. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, coruditions 2nd r=gi }z' of way of record. BEING the same premises which Eric B. Hughes and Jean Hughes, his wife, 1,5y their deed dated June 30, 1992, and recorded July 7, 1992, in the Office of the Recorder of Deeds yin and for Cumberl?ud County, in Deed Book T, Volume 35, Page 606, granted and conveyed untt':) Donald L. Stoner, Jr. and Jeanna J. Stoner, his wife, Grantors herein. Being Parcel # 19-22-0519-083 TITLE TO SAID PREMISES IS VESTED IN Paul A. R.heaume, a single man, by Deed from Donald L. Stoner, Jr., and Jeanna J. Stoner, his wife,?,.dated 4-21-94, recorded 4-28-94 in Deed Book 104, page 686. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-882 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 PAUL A. RHEAUME (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $75,909.62 L.L. Interest FROM 6/21/07 TO 12/5/07 (PER DIEM - $14.44) - $2,092.51 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $1134.20 Other Costs ADD'L COSTS - $1,057.00 Plaintiff Paid Date: JULY 12, 2007 Zurtiq4,f R. Lon , Prothonotary (Seal) Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN AND SCHMIEG, L.L.P. 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. PAUL A. RHEAUME Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-882 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: () 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. Attorney for Plaintiff a- r-I 0 J -f- 1c MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. PAUL A. RHEAUME Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-882 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,15 WEST FACOTRY STREET, MECHANICSBURG, PA 19055. 1. Name and address of Owner(s) or reputed Owner(s): Name PAUL A. RHEAUME Last Known Address (if address cannot be reasonably ascertained, please indicate) 15 WEST FACTORY STREET MECHANICSBURG, PA 17055 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 NDOVENMUEHLE MORTGAGE COMPANY Last Known Address (if address cannot be reasonably ascertained, please indicate) 1501 WOODFIELD ROAD SCHAUMBURG, IL 60173 c • - . 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) PENNSYLVANIA HOUSING FINANCE AGENCY 2101 NORTH FRONT STREET P.O. BOX 15530 HARRISBURG, PA 17105-5530 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 15 WEST FACOTRY STREET MECHANICSBURG, PA 19055 13 North Hanover Street Carlisle, PA 17013 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 th6 penalties of 18 Pa. C.S. Sec. 4904 relating to uns)Wrn falsification to authorities. July 10, 2007 DATE DANIEL G. SC HMIEG, Attorney for Plaintiff J ?_ lr z ?J c _L Cz?l ~Q w 0 MORTGAGE ELECTRONIC REGISTRATION CUMBERLAND COUNTY SYSTEMS, INC. Plaintiff, No. 06-882 V. PAUL A. RHEAUME Defendant(s). July 10, 2007 TO: PAUL A. RHEAUME 15 WEST FACTORY STREET MECHANICSBURG, PA 17055 "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 ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 15 WEST FACOTRY STREET, MECHANICSBURG, PA 19055, is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $ 75,909.62 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: 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 Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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 CERTAIN tractor parcel of land situate on the south side of West Factory Street, 4th Ward, in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the southern line of Factory Street, said point being measured in a southwesterly direction two hundred sixty (260.00) feet from the southwest corner of Factory Street and Market Street; thence south 21 degrees 25 minutes East along the western line of lands now or formerly of Aaron C. Kapp a distance of one hundred nineteen and sixteen hundredths (119.16) feet to a hub on the northern line of a fifteen (15.00) foot wide alley; thence South 71 degrees 33 minutes West along said northern line of alley a distance of sixty-one (61.00) feet to a hub; thence North 18 degrees 27 minutes west along the eastern line of lands now or formerly of John H. Weigel, Jr., a distance of one hundred nineteen (119.00) feet to a hub on the southern line of Factory Street; thence North 71 degrees 33 minutes East along said southern line of Factory Street a distance of fifty-four and eighty-three hundredths (54.83) feet to a hub, the point and Place of BEGINNING. HAVING thereon erected a 2%2 story frame dwelling and detached frame garage known and numbered as 15 West Factory Street. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and of way of record. BEING the same premises which Eric B. Hughes and Jean Hughes, his wife, j6y their;deed dated A21le 30, 1992, and recorded My 7, 1992, in the Office of the Recorder of Deeds _1 in and for Cumberland County, in Deed Book T Volume 35, Page 606, granted and conveyed untr':) Donald L. Stoner, Jr. ar_d Jeanna J. Stoner, his wife, Grantors herein. Being Parcel # 19-22-0519-083 TITLE TO SAID PREMISES IS VESTED IN Paul A. Rheaume, a single man, by Deed from Donald L. Stoner, Jr., and Jeanna J. Stoner, his wife,,dated 4-21-94, recorded 4-28-94 in Deed Book 104, page 686. rp? 1 N w c r A4, 3? DESCRIPTION ALL THAT CERTAIN tractor parcel of land situate on the south side of West Factory Street, 4th Ward, in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the southern line of Factory Street, said point being measured in a southwesterly direction two hundred sixty (260.00) feet from the southwest corner of Factory Street and Market Street; thence south 21 degrees 25 minutes East along the western line of lands now or formerly of Aaron C. Kapp a distance of one hundred nineteen and sixteen hundredths (119.16) feet to a hub on the northern line of a fifteen (15.00) foot wide alley; thence South 71 degrees 33 minutes West along said northern line of alley, a distance of sixty-one (61.00) feet to a hub; thence North 18 degrees 27 minutes west along the eastern line of lands now or formerly of John H. Weigel, Jr., a distance of one hundred nineteen (119.00) feet to a hub on the southern line of Factory Street; thence North 71 degrees 33 minutes East along said southern line of Factory Street a distance of fifty-four and eighty-three hundredths (54.83) feet to a hub, the point and Place of BEGINNING. HAVING thereon erected a 2%z story frame dwelling and detached frame garage known and numbered as 15 West Factory Street. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, eonsiticns 2nd 615y"~ ~: of way of record. BEING the same premises which Eric B. Hughes and Jean Hughes, his wife, ?y their:deed dated Ji:'?e 30, 1992, and recorded July 7, 1992, in the Office of the Recorder of Deeds in and for Cumberl?ad County, in Deed Book T, Volume 35, Page 606, granted and conveyed unt, Donald L. Stoner, Jr. ar_d Jeanna J. Stoner, his wife, Grantors herein. Being Parcel # 19-22-0519-083 TITLE TO SAID PREMISES IS VESTED IN Paul A. Rheaume, a single man, by Deed from Donald L. Stoner, Jr., and Jeanna J. Stoner, his wife,^,,dated 4-21-94, recorded 4-28-94 in Deed Book 104, page 686. i AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DEFENDANT(S) PAUL A. RHEAUME SERVE PAUL A. RHEAUME AT 15 WEST FACTORY STREET MECHANICSBURG, PA 17055 CUMBERLAND COUNTY CQS No. 06-882 ACCT. #130459 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 5, 2007 SERVED Served and made known to / :o-?/l to Cr , Defendant, on the day of Jam, 200 1 at ,? ` fo" , o'clock/.m., at /1S 4441. /C.P 4W4 a? , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place 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,5i2- Height, Weight g;VU Race L IV Sex // _ Other 1, f ` e, - , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, i sued in the captioned case on the date and at the address indicated above. Sworn to and subscr ed befor in this day of V FRANKS Notary: MMISSION PWJRES 0311 2009 PL EMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200. at o'clock in., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Is` Attempt: ! / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of , 200 Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 r•? TI C SALE DATE: DECEMBER 5, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. No.: 06-882 VS. PAUL A. RHEAUME AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 15 WEST FACOTRY STREET, MECHANICSBURG, PA 19055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL G. SCHM G, ESQU Attorney for Plaintiff Date: October 25. 2007 130459 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION PAUL A. RHEAUME NO. 06-882 Defendant(s). AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,15 WEST FACTORY STREET, MECHANICSBURG, PA 19055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PAUL A. RHEAUME 15 WEST FACTORY STREET MECHANICSBURG, PA 17055 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) DOVENMUEHLE MORTGAGE COMPANY DOVENMUEHLE MORTGAGE COMPANY 1501 WOODFIELD ROAD SCHAUMBURG, IL 60173 C/O JOSEPH A. GOLDBECK, JR., ESQ. 5000 MELLON INDEPENDENCE CTR 701 MARKET STREET PHILADELPHIA, PA 19106-1532 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) PENNSYLVANIA HOUSING FINANCE AGENCY 2101 NORTH FRONT STREET P.O. BOX 15530 HARRISBURG, PA 17105-5530 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 15 WEST FACTORY STREET MECHANICSBURG, PA 19055 13 North Hanover Street Carlisle, PA 17013 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. October 25, 2007 amij d-, ?401? DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff roc A z z to A W N ~• p %O 00 J C7% tli A W N "' r c?u r y ? Z Q 1 s q a a v o o 2 ? b IjA CL d tz tz v () a ro a o b0 LA z d o ? 4 T bx o d ° z a C) r o z 0 M o , . a UO y !f?! .? p to p ro N t.A En i (D - 0 o t/? [,) LA N r ? U ?" ?" r z W W ° r ?A??. ? a B o $02-450 02 1M T 25 2007 . 0004218010 ILED FROM Zip-ODE 19103 MA oam C eD ? a O ?? Cob ?Z ?c o? IC w c ?e n??n O 45 C r nx ° b r d r-a (? t PLAINTIFF DEFENDANT(S) AFFIDAVYT O$ SLRVIC'E MORTGAGE ELECIRONIC REGISTRATION SYST'LMS, INC. PAUL A. RREAUME SERVE PAUL A. RHEAUM AT 15 WEST FACTORY STREET ,MECHANICSBURG, PA 17055 CUMBERLAND COUWy No. 06-SSZ CQS ACCT. #130459 TS'pe OtAction - Notice of Sheritrg Sale Sale Date: DECEMDER 5,'2007 SERVED Served and made known to `4 R ? ??t?" / ---?_?d?l Defendant, on the S day a f e O'C10Ckat ___3 L 200 r- g QCr- of Pennsylvania, in the manner described below: Commonwealth V/befendant peraonajlY 5m ved_ .Aduk family member with whom Dcfcndan,,.-Adult in charge oft3efcedatt s 's residence who refused to give name or r .M[anager/Clerk of place of lodging in which Defends elafionship, -.,?Agcnt or person in cha?tge of Defendant(s),s OMOO or us p1? of bus' as officer ofsaid De mess. _,,,, Other' tbndant(s) s campaty. Description_ Age ?s fToight ' "°ig- Race W Sex -- I Other L a competent adult, being duly sworn a true and correct copy of the Nod of Shea- according to jaw d the address indicated above. s Salo in the manner as set fortl? here' depose and staff that I personally hated ORE J. HARR13 issued in the captioned case on the date and at Sworn to and subscribed NOTARY PUBLIC before me this ? ( STATE OF NEW JERSEY of 3f ,? 200 OMISSION EXPIRE 1 / 012 Notary; --- By. 'LEASE A',l°I' Vx CE AT LEAST 3 TIME& MICAT9 DATES ? ' TM"s OF SEXtVICE A TTEbWTED. NOT SERA On the _? day of . 200- at Defendant NOT FO DD bemuse: Moved z Unknown LL . No Answer Vacant 1s` Attempt: / / Time.. 20d Attempt. / 3rd Attempt: / Time: J ` Time: Sworn to and subsri-b before me this ? day of 200 Notary:. _ By. A0? for P* ibtift Daniel G. Schmicg, Esquire - ?-D. No. 622,05 F(a 2I 8b/90 39Vd 8371Vg N3A T6Zb9Z5609 00:00 CO Ur }0 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I 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 Fannie mae is the grantee the same having been sold to said grantee on the 5th day of Dec A.D., 2007, under and by virtue of a writ Execution issued on the 12th day of July, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 882, at the suit of Mortgage Electronic Registion Systems Inc against Paul A Rheaume is duly recorded as Instrument Number 200746887. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ?2 V day of P-e` , A.D. 2CO 7 Recorder of Deeds RuWer of Deeds, Cumuerwrw Couoty. CarW PA MY Corran4ston Expires to Fird Monday of Jan. 2010 Mortgage Electronic Registration Systems In the Court of Common Pleas of Inc. Cumberland County, Pennsylvania VS Writ No. 2006-882 Civil Term Paul A. Rheaume Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on September 28, 2007 at 0955 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Paul A. Rheaume, by making known unto Paul A. Rheaume personally at 15 West Factory Street, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1108 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Paul A. Rheaume located at 15 West Factory Street, Mechanicsburg, 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: Paul A. Rheaume by regular mail to his last known address of 15 West Factory Street, Mechancisburg, PA 17055. This letter was mailed under the date of October 12, 2007 and never returned to the Sheriff s 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 December 5, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Fannie Mae. It being the highest bid and best price received for the same, Fannie Mae of 1900 Market Street, Suite 800, Philadelphia, PA 19103 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,206.31. Sheriff s Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Prothonotary Mileage Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $30.00 23.65 15.00 15.00 48.00 10.00 2.00 19.20 15.00 20.00 425.00 503.84 15.12 25.00 39.50 $ 1206.31 ?12,1a11a7 4 ?CIO C i Iso`? So Answers: it, AO R. Thomas Kline, Sheriff 44, BY ReAEsta]tOe(`Sjrgeant MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, V. PAUL A. RHEAUME Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-882 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) 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,15 WEST FACOTRY STREET, MECHANICSBURG, PA 19055. 1. Name and address of Owner(s) or reputed Owner(s): Name PAUL A. RHEAUME Last Known Address (if address cannot be reasonably ascertained, please indicate) 15 WEST FACTORY STREET MECHANICSBURG, PA 17055 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 NDOVENMUEHLE MORTGAGE COMPANY Last Known Address (if address cannot be reasonably ascertained, please indicate) 1501 WOODFIELD ROAD SCHAUMBURG, IL 60173 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) PENNSYLVANIA HOUSING FINANCE AGENCY 2101 NORTH FRONT STREET P.O. BOX 15530 HARRISBURG, PA 17105-5530 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 15 WEST FACOTRY STREET MECHANICSBURG, PA 19055 13 North Hanover Street Carlisle, PA 17013 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 thi penalties of 18 Pa. C.S. Sec. 4904 relating to unsWm falsification to authorities. July 10, 2007 DATE Attorney for Plaintiff J MORTGAGE ELECTRONIC REGISTRATION CUMBERLAND COUNTY SYSTEMS, INC. Plaintiff, No. 06-882 V. PAUL A. RHEAUME Defendant(s). July 10, 2007 TO: PAUL A. RHEAUME 15 WEST FACTORY STREET MECHANICSBURG, PA 17055 "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 ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 15 WEST FACOTRY STREET, MECHANICSBURG, PA 19055, is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $ 75 909.62 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. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN tractor parcel of land situate on the south side of West Factory Street, 4th Ward, in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the southern line of Factory Street, said point being measured in a southwesterly direction two hundred sixty (260.00) feet from the southwest corner of Factory Street and Market Street; thence south 21 degrees 25 minutes East along the western line of lands now or formerly of Aaron C. Kapp a distance of one hundred nineteen and sixteen hundredths (119.16) feet to a hub on the northern line of a fifteen (15.00) foot wide alley; thence South 71 degrees 33 minutes West along said northern line of alley a distance of sixty-one (61.00) feet to a hub; thence North 18 degrees 27 minutes west along the eastern line of lands now or formerly of John H. Weigel, Jr., a distance of one hundred nineteen (119.00) feet to a hub on the southern line of Factory Street; thence North 71 degrees 33 minutes East along said southern line of Factory Street a distance of fifty-four and eighty-three hundredths (54.83) feet to a hub, the point and Place of BEGINNING. HAVING thereon erected a 2'/z story frame dwelling and detached frame garage known and numbered as 15 West Factory Street. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and r l;rY_ I of way of record. BEING the same premises which Eric B_ Hughes and Jean Hughes, his wife, by their.deed dated R:. '4, e 30, 1992, and recorded July 7, 1992, in the Office of the Recorder of Deeds k in and for Cumberlnd County, in Deed Book T, Volume 35, Page 606, granted and conveyed unti Donald L. Stoner, Jr. and Jeanna J. Stoner, his wife, Grantors herein. Being Parcel # 19-22-0519-083 TITLE TO SAID PREMISES IS VESTED IN Paul A. Rheaume, a single man, by Deed from Donald L. Stoner, Jr., and Jeanna J. Stoner, his wife,.,dated 4-21-94, recorded 4-28-94 in Deed Book 104, page 686. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-882 Civil COUNTY OF CUMBERLAND) 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 PAUL A. RHEAUME (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $75,909.62 L.L. Interest FROM 6/21/07 TO 12/5107 (PER DIEM - $14.44) - $2,092.51 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $1134.20 Other Costs ADD'L COSTS - $1,057.00 Plaintiff Paid Date: JULY 12, 2007 (Seal) LUPULY REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN AND SCHMIEG, L.L.P. 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 # 01 On August 2, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA Known and numbered as 15 West Factory Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 2, 2007 By:-j Real Estate Sergeant u c, -, i? The Patriot-News Co. . 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. 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 « r .lae' 1 r This ad ran on the date(s) shown below: 10/24/07 10/31/07 11/07/07 . . . . . ate., v wo 1M nl rev? . • . . . . • . Sworn to an"s scr' a be re me this 30 day of November, 2007 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal James L Gads. Notary Public City OF Hartlsb n, Dauphin County My CommisMIM E>pres June 2,20D8 Member, Pennsylvenle Assodlatlon of Notaries PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. 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: October 26, November 2 and November 9, 2007 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. REAL ESTATE SALE NO. 1 Writ No. 2006-882 Civil Mortgage Electronic Registration Systems, Inc. VS. Paul A. Rheaume Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract or par- cel of land situate on the south side of West Factory Street, 4th Ward, in the Borough of Mechanicsburg, County of Cumberland and State of Penn- sylvania, more particularly bounded and described as follows: BEGINNING at a point on the southern line of Factory Street, said point being measured in a south- westerly direction two hundred sixty (260.00) feet from the southwest comer of Factory Street and Market Street; thence south 21 degrees 25 --,-minutes Eft alone *he wea ern hnP Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 9 day of November. 2007 Notary NOTARIAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 '1 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT. 280603 HARRISBURG, PA 17128-0603 REALTY TRANSFER TAX STATEMENT OF VALUE ??g=Z L(? RECORDER'S USE ONLY _ State Tax Paid Book Number Page See Reverse for Instructions Date Recorded Complete each section and file in duplicate with Recorders of Deeds when (1) the full value/consideration is not set forth in the deed, (2) when the deed is without consideration, or by gift, or (3) a tax exemptions is claimed. A statement of value is not required if the transfer is wholly exempt from tax based on: (1) family relationship or (2) public utility easement. If more space is needed, attach additional sheet(s). A CORRESPONDENT - All inquiries may be directed to the following person: Name Telephone Number: DANIEL G. SCHMIEG, ESQUIRE Suite 14 00 Area Code 215 563-7000 Street Address City State Zip Code One Penn Center at Suburban Station, Philadelphia PA 19103 1617 JFK Blvd. B TRANSFER DATA Date of Acceptance of Document Grantor(s)/Lessor(s) Grantee(s)/Lessee(s) R. Thomas Kline - Office of the sheriff FANNIE MAE Street Address Street Address One Courthouse Square 1900 Market Street, Suite 800 City State Zip Code City State Zip Code Carlisle PA 17013 Philadelphia PA 19103 C PROPERTY LOCATION Street Address City, Township, Borough 15 West Factory Street, Mechanicsburg, PA 19055 Mechanicsburg Borough County School District Tax Parcel Number CUMBERLAND Mechanicsburg 19-22-0519-083 D VALUATION DATA 1. Actual Cash Consideration 2. Other Consideration 3. Total Consideration $1,182.66 + -0- = $1,182.66 4. County Assessed Value 5. Common Level Ratio Factor 6. Fair Market Value $81,540.00 x 1.22 = $ 99,478.80 E EXEMPTION DATA la. Amount of Exemption Claimed I lb. Percentage of Interest Conveyed 100% 100% 2. Check Appropriate Box Below for Exemption Claimed ? Will or intestate succession ? Transfer to Industrial Development Agency. (Name of Decedant) (Estate File Number) ? Transfer to a Trust. (Attach complete copy of trust agreement identifying all beneficiaries.) Transfer between principal and agent. (Attach complete copy of agency/straw party agreement.) ? Transfer from mortgagor to a holder of a mortgage in default. Mortgage Book Number 708, Page Number 3926. ? Transfers to the Commonwealth, the United States and Instrumentalities by gift, dedication, condemnation or in lieu of condemnation. (If condemnation or in lieu of condemnation, attach copy of resolution.) ? Corrective or confirmatory deed. (Attach complete copy of the prior deed being corrected or confirmed.) X Other (Please explain exemption claimed, if other than listed above. Transfer to Fannie Mae Is exempt pursuant to Sec. #91.193 (b) (1) (v) of the Pennsylvania Realty Transfer Regulations. This is a Government agency. Under Penalties of law, I declare that I have examined this Statement, including accompanying information, and to the best of my knowledge and belief, it is true, correct and complete. Signature of Correspondent or Responsible Party Date: DANIEL G. SCHMIEG, ESQUIRE FAILURE TO COMPLETE THIS FORM PROPERLY OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT IN THE RECORDER'S REFUSAL TO RECORD THE DEED. ASSIGNMENT OF BID For the value received, I Daniel G. Schmieg, Esquire being the highest bidder at the sale of premises known and numbered as 15 West Factory Street, Mechanicsburg, PA 17055 Cumberland County and Commonwealth of Pennsylvania, on December 5, 2007 by virtue of various writs issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, more especially under Writ of Execution issued July 12, 2007 to whom said property was Sold as the highest bidder by Sheriff, hereby sell, transfer and all our right, title and interest in and to said bid to FANNIE MAE, 1900 Market Street, Suite 800, Philadelphia, PA 19103 together with all rights accrued to us thereunder hereafter to accrue. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 5t" day of December A. D. 2007. DANIEL G. SCHMIEG, ESQUIRE (SEAL) R.E.-112 (SEAL) ? `? ^? ? L?+ -n _ t ?'' --,? `.:?', ?._ ? _y : - r - = P --- d r ?-C. ?? -'r - PHELAN HALLINAN & SCHMIEG, LLP 1617 J.F.K. Boulevard, Suite 1400 Operator Assisted 215-563-7000, Ext 1342 Automated Assisted 320-0007-Ext, 1342 Fax: 215-567-0072 Nora.ferrerkfedphe.com Nora Ferrer Paralegal, ext. 1477 December 5, 2007 Office of the Sheriff Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: Paul A. Rheaume 15 West Factory Street Mechanicsburg, PA 19055 No. 06-882 Dear Sir or Madam: Representing Lenders in Pennsylvania and New Jersey I hereby assign the bid on the above captioned property knocked-down to as "attorney-on-the-writ" to FANNIE MAE, 1900 Market Street, Suite 800, Philadelphia, PA 19103. Please record the Deed and send a copy of the Sheriff's Docket with a breakdown of costs at your earliest convenience. In addition, please find enclosed two Statements of Value reflecting the assignment and two stamped self-addressed envelopes for your convenience. Thank you in advance for your cooperation in this matter. Yours truly, Nora Ferrer Enclosure cc: Everhome Mortgage Company Account No. 9000060672