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HomeMy WebLinkAbout06-1149 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, INe. 820 I GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM v. NO.06 -//'19 C'Lu'l~~ CUMBERLAND COUNTY JONATHAN G. RITCHEY SHERR! M. RITCHEY 118 VIRGINIA AVENUE CARLISLE,PA 17013 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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 #', 11946\ File #: 129461 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner oflegal 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: T AYLOR, BEAN & WHITAKER MORTGAGE CORPORATION 1417 NORTH MAGNOLIA AVE OCALA, FL 34474-9078 2. The name(s) and last known addressees) of the Defendant(s) are: JONATHAN G. RITCHEY SHERR! M. RITCHEY 118 VIRGINIA AVENUE CARLISLE, P A 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 08/23/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1878, Page: 1712. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 129461 6. The following amounts are due on the mortgage: Principal Balance Interest 07/01/2005 through 02/27/2006 (Per Diem $25.15) Attorney's Fees Cumulative Late Charges 08/23/2004 to 02/27/2006 Cost of Suit and Title Search Subtotal $146,859.41 6,086.30 1,250.00 273.96 $ 550.00 $ 155,019.67 Escrow Credit Deficit Subtotal 0.00 0.00 $ 0.00 TOTAL $ 155,019.67 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice ofIntention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of DefauIt as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the daters) 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. 10. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 155,019.67. together with interest from 02/27/2006 at the rate of$25.15 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG. LLP C-.~. /? .~~. By: Is/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 12946\ 01/19/2006 20:24 TEL 7175997794 J CONRAD @013 .f\) ~.., ;~Sld.. q f!:OBE:RT P. ZIEGl i~:R -~COROtR OF DE 'DS (: /',1" "" '. -'~..."LANO COUI/~"r.p' " Z83Y RUG 2~ Pl7 2 08 (51'""_ nil Lloo For -.....Ilotal MORTGAGE MlN; 100029500005963192 DEFINmONS Words used in multiple sectJons of this document are defined below and other wird. are deflnld In Stclion ' 3, 1I. 13. 18. 20 IlIld 21. Certaln Nl.. re8ardlng 1he ""'Se of word. used irlth1s dowment all! also provlde< In Slttlon 16. (A) "Seeurlg-Instrument" means thl. document, which is dared AugulI 23, ~lI04 ,II RIders to this document. . tog.lllerwitl (8) "Borrower" IS Jonathllln G. Rltchll}' and Sherr! M. R1lchll}' Borrower is the mortgagor under lhls s"curlty IllSlnJOlOnt. (e) "MIlRS" 1. Mortgage Electroolc Rogi_lion SyslelllS. Inc. MERS Is. !eparllte corporation that ~ acting wIlly lIS a naroinee for Lender and Lender'. sueeessors Jllld ..018"'- Mllll S Is the mOl'lppe UDder llrls Se<urIty ~ent. MI!R5 Is orsantzed and exlsUng under th.laws of Iltlaware. and .... an address and telephone number of P.O. Box 2026, Flint. M148501-2026, tel. (888) 679-MERS. (D) "Lender" Is Taylor, Bean & WhItaker Martgaga Corp. Lender Is. a Flanda CorporatIon the law. of Florida 1417 North Magnolia Ave, Oca/a. FL 34475 o,ganlzed and _g uDdor - Londer's address Is (E) "Note" means the promissory nore signed by Borrower and dated Augu8l21, :zoo4 . The NOh! Slatllllbat Borrower ow.. tender One Hundred Forty EIght Thouland TIn. Hundred and no/100 Dollars (US. $ 148,300.00 ) plus interest. Borre""" bas proml$Od to pay this debt In regulllr Perlodle Payment.< and to pay lhe debt in full nOllater lban S..,l8mber 01, 2034 . (F) "Property" mean. lbe propeny thlt Is desc:rlbed below under the beading "Transfer of Rights Tn tho Propeny: (G) "Loan" means Ille debt evidenced by the NOle. plus Interest. any prepayme"t charges and late charges due Wlder the Note, and all sum, due under thJs Security Imtrumlnt, plus Interest PltNNsnVANIA--51n31e FamJJy-F..... __ _ \JIOIlIIOIIMlNSTR\JMIlNT 1'rEIoiT17E11X,l (D:I'1)-MERS ~joflSPftBes) F0m03D3lltllll -- TO Ord!:1C,IJ, l-eoo.63lM19) ,~ lil5-7lI'I-1131 *024098596379* "'O~SH37I" BK I 8 7 8 PG I 7 I 2 01/19/2006 20:24 TEL 7175997794 J CONRAD 141013 '!\J ~;., ;~Sld.. LA n:OBERT P. ZIEGl!.:? .e;,COROER Or DE 'D I: 1'.'g"R '. S - '... LAND COUII;"(..~. r" Z63~ ~U6 2~ Pf'/ 2 1!)8 (.,...A_nlo LlooFor-.,.1lmJ MORTGAGE MlN; 100029500005963792 DEFINmONS Words used ill multiple sections of this document are cIel1necl below and other ",>rd. are defined III Section, 3, U, 13, 18.20 lII1d 21. Certoln lUIes regarding the """I!e of word. used III th1s document are also provlde< In Seellon 16. (A) "Securll;y Instrwneot" means this <locument, whlc:h I. dated Augull 23, ~1104 ell Rid.... to this doc:ument . togllther wltl (8) "I!onower" IS Jonathan G. Rltchay and Sherrl M. RItchey Borrower is the It10rtgagnr under thls Security InstrtJll1Ont. (e) "MERS" is Mortgage Eieclronle ReglstIllllon Syslems. Inc. MERS Is a Iepar&te corpol'llllOll thai ~ acting solely IS a nominee for Lender and Leoder'. successors and ....Igns. MEll S Is the mortppe UDder thls Sea.rlly Instrument. MERS I. organized and exlsll1lg under the laws of DE laware. and .... an addresr and telephone number of P.O. Box 2026, PUnt. MI 48501,2026, tel. (888) 679-MERS. (D) "Lender" Is Taylor, Bean & Whlta~.r Mar1gaga Corp. Lender Is a a Florida Corporal/on the law. of FloI'lda 1417 Narth Magl'lOlla Ava, Ocala, FL 34475 o. gantzed and OldSdng under . Lender's address Is (E) "Nnte" means the promlssory note signed by Borrower and dated Auguat %1, :2O(l4 . The NOlO states that Borrower ow.. Lender Ona Hundred Forty EIght ThoU..nd Thra, Hundred and no/100 DolJus (U.s. $ 148,3Oll.oo ) plus lntetes'- Borrower bas promised to pay thls debt In regular Periodic Payment> and '0 pay lbe debtln full not lat..-lhan S-.,tambar 01, 2034 . (F) "Property" means the property the' Is described below under the bearllng "Transfer of Rights In tho Property." (G) "Laan" means tbe debt OYldeneed by the NOle. pluslnrer..,. any prepaym..-'.I charges and lare charges due under the No'e, alld aU Sum. due under thls Security Instrument, plus Inlerest nNNSnVANIA-<l""", Famlly_P"- Ma_ _lJMPORMINSTRVMllNT l'l'EM1'17eDt,1(Q:I1')-...MEU ~lofI6pttBCl$} Fam. 303lI VOl ......""'" . T(I Ordll c.ll, l-1DOo&3IMJ9~ "p: "5-7O'l-11J1 *024096586379* '"'a2.o5l1!llS79* BK I 878 PG I 7 I 2 01/19/2006 20:24 TEL 7175997794 J CONRAD BY SIGNING BELOW, Bonow_r oc<:epls and agree. 10 th_ terms BIld co_ contalned In page! 111m> 6 this Securtly Instrument and In any Rider executed by Borrower .:Jd ...corded with II. .Ilo<~ y--~ Y\1:~ hey ~~ ~~ w6orrowsr .8cJr'rmw] (Seal) (Seal) -Borrower .B0m:tw8 Witness: Witness: PIlNNSYLVANL\-&.. PamlIy-F___ _1INIFQRMINSTRVMEN1' rrEt.llf21l1C1llliftXn'......IIEM ~J5of18J18&1!id 'anu3ll3llJDl QW!llLN<<). TII.l)dill:Cau:'..-n-Wl-~'" F_'~""MUi BK I 878 PG I 7 26 @014 01/19/2006 20:24 TEL 7175997794 J CONRAD @015 . FIRST AMERICAN TITLE INSURANCE CO. Commitment Number: RIT144.04 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment Is described as followS: AlL THAT CERTAIN tract of IlInd loeated in P8'ln Ta.vnship, Cumberland County, Pennsylvania. bounil"d and described lIS foUows. to wit: BEGINNING at a point on or near the cent.... d Chureh Road (T-361) North 28 Ol(lIlleS 00 seconds 00 1111nuteS East one hundred ninety-elght (198) feet to a point atlll'1ds now or formarly of James E. and Doro~ ~ , Miller: thence along the same South 81 degrees 34 mlllU'es 00 s8Wlds East four ~,undred sIxty-two lIld lilly-one hundredths (462.51) feet lo a point in 1I1e cenfDr of 1.000 Road (T -360~ thence along the same South 29 hgl1lll8 04 millUte$ 49 _ds West two hund...d four and rinety.&_n huna-adlhs 1204.97) feet to lIld pllInl on Chun:ih RQiId (T -361); thence al009 the 88me Nor1h lKl degl1lll8 54 minutes 3:1 seoonds Wt:t>t four l'Jncted fdly-six and fifly-eighl hundredths (456.58) fllet \0 the point and Place of BEGINNING. BEING Lot No. 2. on t1\esulldivlslon Plan for James E. and 00r0tI\y A. MlDer recol'tled in Plan Book 89 Pa I'. 88. I C.' .of'O' ,P,l, , In Cui>'" I','"' ".,";:~ .,,;; /l . . ,',l,t'. \;. ;i\",~':-' \, ,I' , ,.:d~. AL TA CommMmonl SohoduleC (l'UT1"".04.PFDlRIT .144oWl BlH878Plil728 01/19/2006 20:22 TEL 7175997794 I I I I 1/'1_ J CONRAD ~007 S15").. e. ROBCRT P. ::' EGLER rECORDER C F DEEDS RIGHT ..oF-WAY AND EASEMENT AGREE/ilIENt I,' :~ g t~,!. 4! 'D .: 0': t!"Y - :' ,,, lOO5 fEB 18 :ilTl 11 35 THIS AGREEMENT, made this ~1'*' day of January, 2005, by ami between Jonathan G. Ritchey and Sherri M. Ritchey, of 120 LEOo Road, Carlisle, Pennsylvania, Grantors, and James E. Miller and Dorothy A. Miller, 59 Meade Dri~ {I" Carlisle, Pennsylvania, Grantees, WHEREAS, the Grantors are the owners by virtue of Deed Book 264-422:" of a certain tract of land designated as Parcel No. 31-12-0332-Q67 situate in Penn Township, Cumberland County, Pennsylvania, as set forth on the Cumberland COIII'ty Tax Records; and WHEREAS, the Grantees herein are the owners by vi~tue of Deed Book "I ',-23- 293, of a certain tract of land designated as Parcel No. 31-12.(1332-020 on the aforasaid tax records; and WHEREAS, in order to provide the Grantees with inglllSs and egress and regress to their property, the Grantees must travel across the ~foperty of the Grantl)rs; and WHEREAS, the Grantors wish to grant a right-of-way unci easement acral ,',l their lands for the purpose of ingress and egress and regress from the Grantees' I !lI1d to the Grantors' proper1y. NOW THEREFORE, in consideration of the sum of One Dollar ($1.00) in I'land paid, mutual covenants and conditions contained herein, and intending to be legall!( bound, the parties hereto agree as follows: The Grantors hereby grant and convey unto the Grant<lEls, their heirs and assigns, a right-of-way and easement for ingress, egress, and regress, for vehicle. pedestrian, and utility purposes, over, upon, and across their t'r8ct of land, to con~ Jlrm with the right-af-way laid out on the land by Grantors and Grantees. Said right-of- .'IaY is more specffically set forth as shown on the attached Exhibft "fJ" as is necessary fe,II' ingress and egress to a proposed Lot. NO.1 and is fifty (50) feetwide. The Grantees shall indemnify and hold harmless the Grantors from and a ~:Iainst all claims, damages, loss, and expense arising out of or resulting from the use of j]1e easement by the Grantee and shall maintain same at no expense to Grantors. Grantors shall also have all rights as to the right-of-way enjOYEltI by Grantees, the I' heirs and assigns. IN WITNESS WHEREOF, the parties hereto have caused this Blilreemen: to be executed the day and year first above written. ' ,;JX 7 ,\ ,~j fAct: 1.'it;.'j < . :." 01/19/2006 20:23 TEL 7175997794 Page 2 WITNESS; illJlfos Date '~'J7/DS Date J/? /0 ;' Date ~ -'i-tiS' Date J CONRAD ~008 ~. "yJ\. ~~:u bcj Shem M. Ritchey t--,-) 1'". ~.l/i.cJ ~James E. Mil 60~ 715 PAGE l,'j86 -'~ "l ~ ~/ LEGAL DESCRIPTION All that tract ofland situate in North Middleton Township, Cumberland County, Pennsylvania with buildings and improvements thereon erected, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern side of Virginia Avenue at line of Lot No. 49 on the hereinaiter mentioned Plan of Lots; thence along Lot No. 49, South 25 degrees 14 minutes 14 seconds East 150.00 feet to a point at lands of Pheasant Run Estates; thence along Pheasant Run Estates, South 64 degrees 45 minutes 46 seconds West 48.00 feet to a point at Lot No. 47 on said Plan of Lots; thence along Lot No. 47 North 25 degrees 14 minutes 14 seconds West 150.00 feet to a point on the southern side of Virginia Avenue, thence along Virginia Avenue North 64 degrees 45 minutes 46 seconds East 48.00 feet to a point the PLACE OF BEGINNING. CONTAINING 7200 square feet and being Lot No. 48 of Noll Manor Section 12 as recorded in Plan book 33. Page 109 SUBJECT, nevertheless to the building and use restrictions and provisions as recorded with said plan See Homeowners Association covenant recorded in Miscellaneous Book 283 Page 310 UNDER AND SUBJECT, nevertheless to easements, restrictions, reservations, conditions and rights of way of record BEING the same premises which Robert R. Shank and Charlene Ryder Shank, his wife, by their Deeds dated April 30, 1996 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Book 138 Page 1092 granted and conveyed unto Thomas A. Easley and Melissa A. Easley who by their Deed dated October 21, 1999 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Book 214 page 66 conveyed unto Thomas A. Easley the Grantor herein. PARCEL NO. 31-21-0332-067 PROPERTY BEING: 120 LEBO ROAD File #: 12946] VRRIFICATTON FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. h / )~.M!- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: cy'd-7/rJo I o 1f\ _ .J.: ~ "';:, ~ VI ""9 W ~ V1. ---:( (f-J -lt9- If\ VI V( C> ~ ~ o ':.~(8 f':' (. J PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 06-1149 JONATHAN G. RITCHEY SHERR! M. RITCHEY 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 JONATHAN G. RITCHEY and SHERR! M. RITCHEY, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 2/28/06 to 4/13/06 TOTAL $155,019.67 $1,106.60 $156,126.27 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. \ fu.~ PRO PROT~: --- d DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: /f-/fa . (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 06-1149 JONATHAN G. RITCHEY SHERR! M. RITCHEY Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 BY~ rfyou have any questions concerning this matter, please contact: ------~-_._-- [Q~ DANIEL G. SCHMIEG, ES Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD" SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" 1~6 . PHELAN HALLINAN & SCHMIEG, LLP By: La\\Tence 1'. Phelan, Esq., Id. No. 32227 Francis S. Hallinan. Esq.. Id. No. 62695 Daniel G, Schmieg. Esq.. [d. No, 62205 Philadelphia, PA 19103 (?I)) )1i,-7()()() ATTORNEY FOR PLAINTrFF MORTGAGE ELECTRONIC SYSTEMS, INe REGISTRATION : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY JONATHAN G. RITCHEY SHERRI M. RITCHEY Defendants : NO. 06-1149 TO: JONATHAN G. RITCHEY 66 W. MAIN STREET PLAINFIELD, PA 17081 f\lt CO~~ DATE OF NOTICE: MARrH 10 2001i THIS FIRM IS A DEBT COLLECfOR 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 COLLECf 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 PERSON ALL Y 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 ruDGMENT 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN. ESQUIRE Attorneys for Plaintiff _ PHELAN HALLINAN & SCHMIEG, LLP By: LawTence T. Phelan, Esq., [d. No. 32227 Francis S. Hallinan. Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (? 1 ,) ,('~-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC SYSTEMS.INC. REGISTRATION : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY JONATHAN G. RITCHEY SHERRI M. RITCHEY Defendants : NO. 06-1149 TO: SHERR! M, RITCHEY 120 LEBO ROAD CARLISLE, P A 17013 't ~\\.t t\1~ DATE OF NOTICE: MARCH 10. 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 DA YS FROM THE DATE OF THIS NOTICE, A mDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff . PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 06-1149 JONATHAN G. RITCHEY SHERR! M. RITCHEY Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JONATHAN G. RITCHEY is over 18 years of age and resides at , 66 W. MAIN STREET, PLANFIELD, PA 17081 . (c) that defendant SHERR! M. RITCHEY is over 18 years of age, and resides at, 120 LEBO ROAD, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~. ~ ~ ~ :\.:, (-~ "_l ~ ~ ., " ~.'. '_. ) . ' ~ -- ~ -\-. c:;, , f, ~ '0 ~ -...) ~ I\' ~ W 4 /" \r.., '4 "1\ " ~~ \..... ",\ - '-..) - .. t' (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. No. 06-1149 JONATHAN G. RITCHEY SHERR! M. RITCHEY Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $156,126.27 mterest from 4/14/06 to SEPTEMBER 6,2006 (per diem -$25.66) $3720.70 and Costs TOTAL $159,846.97 '/J LA_ ~ DANIEL G. SCHMIEG, ESQU~ 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. 0"\ ?r: If) -<( .0 u_~ -.-:;. 07'i (ol-- ::r~ ?1 l-:; -.. ( . I '.". ace ~O- n:~ l- LL. o ~ oc <= I' ~ <~ ~~ ...<= QI' ~~ ~~ S ... ~< Z ~; 9 O~ ~....... 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ALL THAT CERTAIN tract ofland located in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on or near the center of Church Road (T -361) North 28 degrees 00 seconds 00 minutes East one hundred ninety-eight (198) feet to a point at lands now or formerly of James E. and Dorothy A. Miller; thence along the same South 81 degrees 34 minutes 00 seconds East four hundred sixty-two and fifty-one hundredths (462.51) feet to a point in the center of Lebo Road (T -360); thence along the same South 29 degrees 04 minutes 49 seconds West two hundred four and ninety-seven hundredths (204.97) feet to and point on Church Road (T -361); thence along the same North 80 degrees 54 minutes 30 seconds West four hundred fifty-six and fifty-eight hundredths (456.58) feet to the point and place of BEGINNING. BEING Lot No.2 on the subdivision Plan for James E. and Dorothy A. Miller prepared by John K. Bixler III, Professional Surveyor, and recorded in Cumberland County Records in Plan Book 89 Page 88. BEING PART OF THE SAME PREMISES which C. Edgar Beam and Edna A. Beam, his wife, by their deed dated August 6, 1969 and recorded August 7, 1969 in the Cumberland County Records in Deed Book 23-1 Page 293 granted and conveyed unto James E. Miller and Dorothy A. Miller, his wife, grantors herein. Being Parcel # 31-21-0332-067 TITLE TO SAID PREMISES IS VESTED IN Jonathan G. Ritchey and Sherri M. Ritchey, his wife, by Deed from James E. Miller and Dorothy A. Miller, his wife, dated 8-23-04, recorded 8-24-04 in Deed Book 264, page 4223. (Note: Right-or-Way and Easement Agreement between Jonathan G. Ritchey and Sherri M. Ritchey, and James E. Miller and Dorothy A. Miller, dated 01-27-05, recorded 02-18-05, in Book 715, page 1585. Jonathan G. Ritchey and Sherri M. Ritchey hereby grant and convey unto James E. Miller and Dorothy A. Miller, their heirs and assigns, a right-of-way and easement for ingress, egress and regress, for vehicle, pedestrian and utility purposes, over, upon and across their tract of land, to conform with the right-of- way laid out on the land. Said right-of-way is necessary of ingress and egress to a proposed Lot No.1 and is fifty (50) feet wide.) BEING KNOWN AS 120 LEBO ROAD, CARLISLE, P A 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 06-1149 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 JONATHAN G. RITCHEY AND SHERR! M. RITCHEY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defenclant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $156,126.27 L.L. $.50 Interest FROM 4/14/06 TO 9/6/06 (pER DIEM - $25.66) - $3720.70 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $185.60 Other Costs Plaintiff Paid Date: MAY 25,2006 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPIllA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill 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., SillTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION JONATHAN G. RITCHEY SHERRI M. RITCHEY NO. 06-1149 Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ... ..... ,......, = = cro :I: :l> -< N c..n -0 - ..... ~ ::;j ffi:n r- -um ;Py :;:f~'~ ~~?~ ;3m s;! :::0 -< w .. c..n w MORTGAGE ELECTRONIC REGISTRATION ~YSnMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION JONATHAN G. RITCHEY SHERR! M. RITCHEY NO. 06-1149 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .120 LEBO ROAD. CARLISLE. P A 17013 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JONATHAN G. RITCHEY 66 W. MAIN STREET PLAINFIELD, P A 17081 SHERR! M. RITCHEY 120 LEBO ROAD CARLISLE, P A 17013 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None ~. N~e and address oflast recorded holder of every mortgage of record: , Name Last Known Address (if address cannot be reasonably ascertained~ please indicate) TAYLOR, BEAN & WHITAKER MORTGAGE CORP 1417 NORTH MAGNOLIA AVE OCAlA, FL 34475 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 120 LEBO ROAD CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Mav 22. 2006 DATE ~\^ ,~ DANIEL G. SCHMIEG~ ESQU Attorney for Plaintiff ,,-'~ (') l',) = 0 f; = 11 c::r-. 'lJti.: ::it: :r! rnrr > m~ --....... ;" -< 2~~ ,-' ~ -nrn 0;.' N :r.}y ~- CJl S~(::) -0 ?~~ 6~i-< :J: ).> 5-=~ Co.:> Gin '""~-- s;! ---{ (-'1 ::n .-<. '-0 -< .-" 1 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 06-1149 v. JONATHAN G. RITCHEY SHERRI M. RITCHEY Defendant(s). May 22, 2006 TO: JONATHAN G. RITCHEY 66 W. MAIN STREET PLAINFIELD, P A 17081 SHERR! M. RITCHEY 120 LEBO ROAD CARLISLE, P A 17013 UTHIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. U Your house (real estate) at .120 LEBO ROAD. CARLISLE. PA 17013. 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 $156.126.27 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 OWNERtS 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. /'" 1 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 ,. , ALL THAT CERTAIN tract of land located in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on or near the center of Church Road (T-361) North 28 degreeS 00 seconds 00 minutes East one hundred ninety-eight (198) feet to a point at lands now or fonnerly of James E. and Dorothy A. Miller; thence along the same South 81 degrees 34 minutes 00 seconds East four hundred sixty-two and fifty-one hundredths (462.51) feet to a point in the center of Lebo Road (T -360); thence along the same South 29 degrees 04 minutes 49 seconds West two hundred four and ninety-seven hundredths (204.97) feet to and point on Church Road (T -361); thence along the same North 80 degrees 54 minutes 30 seconds West four hundred fifty-six and fifty-eight hundredths (456.58) feet to the point and place of BEGINNING. BEING Lot No.2 on the subdivision Plan for James E. and Dorothy A. Miller prepared by John K. Bixler ill, Professional Surveyor, and recorded in Cumberland County Records in Plan Book 89 Page 88. BEING PART OF THE SAME PREMISES which C. Edgar Beam and Edna A. Beam, his wife, by their deed dated August 6, 1969 and recorded August 7, 1969 in the Cumberland County Records in Deed Book 23-1 Page 293 granted and conveyed unto James E. Miller and Dorothy A. Miller, his wife, grantors herein. Being Parcel # 31-21-0332-067 TITLE TO SAID PREMISES IS VESTED IN Jonathan G. Ritchey and Sherri M. Ritchey, his wife, by Deed from James E. Miller and Dorothy A. Miller, his wife, dated 8-23-04, recorded 8-24-04 in Deed Book 264, page 4223. (Note: Right-or-Way and Easement Agreement between Jonathan G. Ritchey and Sherri M. Ritchey, and James E. Miller and Dorothy A. Miller, dated 01-27-05, recorded 02-18-05, in Book 715, page 1585. Jonathan G. Ritchey and Sherri M. Ritchey hereby grant and convey unto James E. Miller and Dorothy A. Miller, their heirs and assigns, a right-of-way and easement for ingress, egress and regress, for vehicle, pedestrian and utility purposes, over, upon and across their tract of land, to conform with the right-of- way laid out on the land. Said right-of-way is necessary of ingress and egress to a proposed Lot No.1 and is fifty (50) feet wide.) BEING KNOWN AS 120 LEBO ROAD, CARLISLE, P A 17013 " (") ~ = 0 ~; c::::> ...." ~ ~ :t -- ):::. nl ." -'lC r- N -om ~DQ CJ1 '~:J, (:) -0 :t :r~ :x <.;: i"'5 W 6fn .-1 ]:> (.)'1 ::0 \..0 -< AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY CXP No. 06-1149 DEFENDANT(S) JONATHAN G. RITCHEY SHERR! M. RITCHEY ACCT. #596379 SERVE JONATHAN G. RITCHEY AT 66 W. MAIN STREET PLAINFIELD, P A 17081 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 6, 2006 SERVED Served and made known to -s.;" Q, -!- "C; 1\ G. eo' fc ~ Defendant, on the at6':/l( .0'c1ock{)m,at t,~~. .AA..a.'^ S'i. 28' day of ../L1 Q V .200' . Commonwealth of Pennsylvania. in the manner described below: ~fendant persooally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Maoager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendanl(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age Js-= ~ I) Height ~ II Weight Jj,r- Race..!o.L Sex...-1 Other I, _D 11 u. '! Qob U'T; . a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated ahove. NOT SERVED On the day of . 200~ at o'clock _.m, Defendant NOT FOUND because: Moved _ Unknown _ No Answer Vacant 1st Attempt: I I Time: 2Dd Attempt: I / Time: lrd Attempt: I I Time: Sworn to and subscribed before me this _ day of . 200 _' Notary: By: Attornev for Plaintiff Daniel G. Sehmleg, Esquire -IJ). No. 62105 C-~ lJ~ (') (:: c" c" ~~ c;::::> r~~..:) c,,-' v.> o -n -4 -r ~~_ "l'\ rnr:: :~'C9 ')/-, - - ::~,~~ ?~S Om --\ -'-'.' ~~. (';5 c'" ,"\'" .. ....lo'. AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF DEFENDANT(S) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. JONATHAN G. RITCHEY SHERRl M. RITCHEY CXP No. 06-1149 ACCT. #596379 SERVE SHERRl M. RITCHEY AT 120 LEBO ROAD CARLISLE, PA 17013 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 6, 2006 SERVED Served and made known to S "e/'f',' /VI_ f?(' t cltey . Defendant, on the 2. g- ,20~ atIJ:ilI . o'cloc~.m., at dayof ~ ay , Commonwealth of Pennsylvania, in the manner descnbed below: ~efendant personally ~erved. Adnlt family member with whom Defendant(s) reside(s). Name and Relationship is Adnlt in charge of Defendant(s)'s residence who ",fused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) ",side(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 3Cl.~tO Height SI)1I WeightJ!:1L Race......... SexL Other I, _IJ c.....,. ~ ~ ~b pr+S ,a competentadnlt, being dnIy sworn according to law, depose and statethatI personally handed a true and correct copy of the Notice ofSberiff's 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 SUbS~bed before me this V 'fY of1t1A1 ,2~V~ ~ . ~ ~ _ l MYCOIIMISSION EXPtBES ~ ~E AITE!\{pC}i\lL.~ AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMYl'ED. NOT SERVED On the day of .2oo~ at o'clock _.m., Defendant NOT FOUND becanse: Moved Unknown No Answer Vaeant 1 st Attempt: / / Time: 2"d Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscnbed before me this _ day of .200_. Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62285 ?J1 LS ,-> = :s;~ LJ -'1 :::1 .-.'.- --n rnf;'::' ..Orn ~.~S~) 1""' __~:.: .;;"-';'; i_5fTl -4 -> ::0 -< w ::::;:>.> o oi"- r. SHERIFF'S RETURN - REGULAR CASE NO: 2006-01149 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS RITCHEY JONATHAN G ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RITCHEY JONATHAN G the DEFENDANT , at 2015:00 HOURS, on the 9th day of March , 2006 at 66 W MAIN STREET PLAINFIELD, PA 17081 by handing to a true and attested copy of COMPLAINT - MORT FORE together with co ~ \ JONATHAN RITCHEY :::. -l:. ...t:> and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 4.40 .00 10.00 .00 20.40 So Answers: r'~~J~#~ R. Thomas Kline 03/10/2006 PHELAN HALLINAN riff Sworn and Subscribed to before By: me this J'l"'<- day of 'rv1..'1 .;2(1)(, A.D. Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2006-01149 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS RITCHEY JONATHAN G ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RITCHEY SHERRI M the DEFENDANT , at 1940:00 HOURS, on the 9th day of March , 2006 at 120 LEBO ROAD CARLISLE, PA 17013 by handing to SHERRI RITCHEY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Aft idavit Surcharge So Answers: 6.00 7.92 ,00 10.00 .00 23.92 .r~~~ R. Thomas Kline 03/10/2006 PHELAN HALLINAN SCHMIEG ~ ;l1)1)(,.. A.D. Sworn and Subscribed to before By: me this 11 ~ day of Prothonotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-01149 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS RITCHEY JONATHAN G ET AL R, Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT RITCHEY JONATHAN G but was unable to locate Him in his bailiwick, He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , RITCHEY JONATHAN G 118 VIRGINIA AVENUE CARLISLE, PA 17013 118 VIRGINIA AVENUE DID NOT APPEAR TO BE VACANT, Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 5.28 5.00 10,00 .00 38.28 so~~ R. Thomas K . Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 03/10/2006 Sworn and subscribed to before me this /75 day of ~ ~(, A.D. Prothonotary SHERIFF'S RETURN - NOT FOUND . CASE NO: 2006-01149 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS RITCHEY JONATHAN G ET AL R, Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT RITCHEY SHERRI M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , RITCHEY SHERR I M 118 VIRGINIA AVENUE CARLISLE, PA 17013 118 VIRGINIA AVENUE DID NOT APPEAR TO BE VACANT, Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 ,00 5.00 10.00 .00 21.00 so~~ R, Thomas Kl ine" Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 03/10/2006 Sworn and subscribed to before me this J 15' day of ~ J.Dbl.- A.D. Prothonotary ~ PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.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. ATTORNEY FORPLAINTffF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Jonathan G. Ritchey Sherri M. Ritchey No. 06-1149 Civil Term Defendants PLAINTIFF'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 28, 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 19, 2006 in the amount of$156,126.27. 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 ex~Iided on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through 9/6/06 Per Diem $25.15 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections AppraisallBPO MIPIPMI NSF SuspenselMisc. Credits Escrow Deficit $146,859.41 10,834.20 0.00 1,225.00 1,087.00 1,453.60 122.50 95.00 0.00 0.00 0.00 7.385.51 TOTAL $169,062.22 5 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 Defendants. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. nate:. Phelan Hallinan & Sc By: Michele M. Bradford, Esqui Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Jonathan G. Ritchey Sherri M. Ritchey No. 06-1149 Civil Term Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendants 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. Plaintiff's Note was secured by a Mortgage on the Property located at 120 Lebo Road, Carlisle, P A 17013. 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, Defendants 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 Sheriff's Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriff's 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 Defendants credit for monthly payments tendered through bankruptcy, ifany. II. INTEREST The Mortgage clearly requires that the Defendants 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 ofthe 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 tenns 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 offive percent ofthe 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 Shopping Center. 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 often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confinning that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicoro 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 ajudgment 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 ifthere 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 Defendants 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 ajudgment to confonn to the facts ofa 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 Defendants' 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 mortgagors are 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 mortgagors have breached the terms ofthe Mortgage; and Plaintiff has been forced to incur significant unjust fmanciallosses 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 ofthe 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 Michele M. Bradford, Esquire Attorney for Plaintiff DATE:~ By: . . Exhibit "A" 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 AlTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Ol.. -lfLtr C; otT ~ CUMBERLAND COUNTY v. JONATHAN G. RITCHEY SHERR! M. RITCHEY 118 VIRGINIA AVENUE CARLISLE, PA 17013 Defendants CIVIL ACfION - 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 TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORm BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES 11IAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 . (800)990-9108 o c ~ "1) ixi rrtrn 7'-r; ~S: r.:::c; ""'''''.:.''- z{(2 ~c z: ~ 1'00,;) = = c:r> -r'J ,..,., co N 0) o '"Tl :ti., m- y- -om :no ,'::>.4 ~9 ~:rl :..,.~() am :i;! :::0 -< ;:0.. ~ - h .:::- \C File #: 129461 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 ELECfRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 AlTORNEY FOR PLAINTIFF Plaintiff . COURT OF COMMON PLEAS CIVIL DNISION TERM NO. CUMBERLAND COUNTY v. JONATHAN G. RITCHEY SHERRI M. RITCHEY 118 VIRGlNIA AVENUE CARLISLE, P A 17013 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and 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 HA VB A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU wrrn INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU wrm INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGmLE 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 #: 129461 File #: 129461 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 WITmN TmRTY (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 TmS 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 LffiGATION 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 TmS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is MORTGAGE ELECfRONIC 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: TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION 1417 NORm MAGNOLIA AVE OCALA, FL 34474-9078 2. The name(s) and last known address(es) of the Defendant(s) are: JONATHAN G. RITCHEY SHERRI M. RITCHEY 118 VIRGINIA AVENUE CARLISLE, P A 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 08/23/2004 mortgagor(s} made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1878, Page: 1712. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 129461 6. The following amounts are due on the mortgage: Principal Balance Interest 07/01/2005 through OV2712006 (per Diem $25.15) Attorney's Fees Cumulative Late Charges 08/23/2004 to OV27/2006 Cost of Suit and Title Search Subtotal $146,859.41 6,086.30 1,250.00 273.96 $ 550.00 $ 155,019.67 Escrow Credit Deficit Subtotal TOTAL 0.00 0.00 $ 0.00 $ 155,019.67. 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant( s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant( s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $5Q,000. 10. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence ofDefendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 155,019.67, together with interest from 02/2712006 at the rate of$25.15 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP ~-/J~~' By: IslFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: ] 2946] LEGAL DESCRIPTION All that tract ofland situate in North Middleton Township, Cumberland County, Pennsylvania with buildings and improvements thereon erected, more particularly bounded and described as follows, to wit: BEGINNlNG at a point on the southern side of Virginia Avenue at line of Lot No. 49 on the hereinafter mentioned Plan of Lots; thence along Lot No. 49, South 25 degrees 14 minutes 14 seconds East 150.00 feet to a point at lands of Pheasant Run Estates; thence along Pheasant Roo Estates, South 64 degrees 45 minutes 46 seconds West 48.00 feet to a point at Lot No. 47 on said Plan of Lots; thence along Lot No. 47 North 25 degrees 14 minutes 14 seconds West 150.00 feet to a point on the southern side of Virginia Avenue, thence along Virginia Avenue North 64 degrees 45 minutes 46 seconds East 48.00 feet to a point the PLACE OF BEGINNlNG. CONTAINING 7200 square feet and being Lot No. 48 of Noll Manor Section 12 as recorded in Plan book 33, Page 109 SUBJECf, nevertheless to the building and use restrictions and provisions as recorded with saidplan See Homeowners Association covenant recorded in Miscellaneous Book 283 Page 310 UNDER AND SUBJECf, nevertheless to easements, restrictions, reservations, conditions and rights of way of record BEING the same premises which Robert R Shank and Charlene Ryder Shank, his wife, by their Deeds dated April 30, 1996 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Book 138 Page 1092 granted and conveyed unto Thomas A. Easley and Melissa A. Easley who by their Deed dated October 21, 1999 and recorded in the Office of the Recorder of Deeds in and for Cumberland COooty, Pennsylvania in Book214 page 66 conveyed unto Thomas A. Easley the Grantor herein. PARCEL NO. 31-21-0332-067 PROPERTY BEING: 120 LEBO ROAD File #: ]2946] . VF.RlliJCA TIQN 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 Veritication could not . be obtained within the time allowed for the tiling on the pleading, that he is authorized to make this veritication pursuant to Pa R _ C. P. 1024 ( c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon infonn.ation supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verifiCation from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~/1JL FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff . DATE: dfd-7/~ l . . . Exhibit "B" .' . pt\ 'b'" '''l... <l 4 b \ CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION PlabaUttt v. NO. 06-1149 TO nm.PRPTHO~OTARY: Q ~ ~ ~ ~ ~~ -om --0 rn D) tt: :::c '"0 ~~~. ~ ,-71 0 0; ~~:. :I-rt ~-::~REMJlIDGME~FORFAlLVRETO ~~~~ Mf8WEIlAND~OFDAMAGES ~~ ~ ~~~~ ~ q,'V . . JONATHAN G. RITCHEY SIIElUU M. RITCHEY , . . . '. . . Kindly enter an in rem Judgment in favor of the Plaintiff and against JONATHAN G. Bl'I'CIIEy nd SRRRRI M. RlI'CBEY. 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 Plaintifl's damages as follows: As set forth in Complaint Interest from 2/28/06 to 4/13/06 TOTAL $155,019.67 $1.106.60 $156,126.27 ::-GESARE HEREBY ASSESSED AS INDICATE!>. IZ. .~..t. PRO~ 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, infonnation and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. e.s. ~4904 relating to unsworn falsification to authorities. Phelan Hallinan & Schmieg, LLP DATE:~ By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 Mortgage Electronic Registration Systems, Inc. A ITORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Jonathan G. Ritchey Sherri M. Ritchey No. 06-1149 Civil Term Defendants 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 individuals on the date indicated below. Jonathan G. Ritchey Sherri M. Ritchey 120 Lebo Road Carlisle, P A 17013 Jonathan G. Ritchey Sherri M. Ritchey 118 Virginia Avenue Carlisle, PA 17013 Jonathan G. Ritchey 66 West Main Street Plainfield, PAl 7081 Phelan Hallinan & Schmie DATE: By: Michele M. Bradford, Esquire Attorney for Plaintiff l:) :z:: C!! .. ~ - <- F N .'-.... ;, ) --11 :'j i'i'i-:I:1 r--- . .-0 Mortgage Electronic Registration Systems, Inc. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. Jonathan G. Ritchey, Sherri M. Ritchey, Defendants : 06-1149 CIVIL ORDER OF COURT AND NOW, this 25th day of July, 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 defendants to show cause why the plaintiff is not entitled to the relief requested; 2. The defendants will file an answer to this petition on or before August 14, 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 Defendants file 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~~'~ \ " (,...,O\.D ~'V () SU :CiJ !Ir: ~-; :J c~ . -. Michele M. Bradford, Esquire Attorney for Plaintiff/Petitioner Jonathan G, Ritchey Sherri M, Ritchey Defendants bas I" " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. ClVIL DIVISION JONATHAN G. RITCHEY SHERR! M. RITCHEY Defendant(s). NO. 06-1149 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND ) ) ss: I, DANIEL G. SCHMIEG, ESQUIRE, attorney for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC hereby verifies that on MAY 22, 2006 true and correct copies of the Notice of Sheriff's Sale were served by certificate of mailing to the recorded Iienholder(s) and any known interested party. ~.Ju-. ~ ANIEL G, SCHMIEG, ESQUIRE Attorney for Plaintiff Date: JULY 26, 2006 IMPORTANT NOTICE: This property Is sold at the direction of the plaintiff. It OlaV not be sold In the absence of a reoresentative of the olalntiff 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. .r.' "\ H t"' - - - - - - \C> 00 --l 0- Vo ... W N - ~. Vo ... W N - 0 :z U ~ ~$1., ~I n CD z c 3 CT <D ., o .... ~ I .... ~ ('l i '" f' .... I . E ~ ("') e ~ ~ il il, U ~ f ~ 0 > ~ .. O]ll ~ .. - i ill, ~ ~ ~ ~ ('l J . 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No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Mortgage Electronic Registration Systems, Inc. Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Jonathan G. Ritchey Sherri M. Ritchey No. 06-1149 Civil Term Defendants 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 15,2006 has been served upon the following persons: Jonathan G. Ritchey Sherri M. Ritchey 120 Lebo Road Carlisle, P A 17013 Jonathan G. Ritchey Sherri M. Ritchey 118 Virginia Avenue Carlisle, PA 17013 Jonathan G. Ritchey 66 West Main Street Plainfield, P A 17081 PHELAN HALLINAN & SCHMIEG, LLP Date: .~~ Michele M. BradD rd, squire Attorney for Plaint By: :~ .,' \..-1 ~ (~) . 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. Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Jonathan G. Ritchey Sherri M. Ritchey No. 06-1149 Civil Term Defendants 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: 1. That it is The Plaintiff in this action. 2. A Rule was entered by the Court on July 25, 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". 3. The Rule to Show Cause was timely served upon all parties on August 1,2006 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". 4. Respondents failed to respond or otherwise plead by the Rule Returnable date of August 14,2006. 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 Michele M. Bradford, Esq e 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. Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Jonathan G. Ritchey Sherri M. Ritchey No. 06-1149 Civil Term Defendants BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on July 20, 2006. A Rule was entered by the Court on July 25,2006 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 1, 2006 in accordance with the applicable rules of civil procedure. Respondents failed to respond or otherwise plead by the Rule Returnable date of August 14, 2006 upon the Defendants. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. JJI~ Dat PHELAN HALLINAN & SCHMIEG, LLP '- ~ Michele M. Bradford, Esqu Attorney for Plaintiff < . Exhibit "A" - -.... Mortgage Electronic Registration Systems, Inc. : IN THE COURT OF COMMON PLEAS OF ~ Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. Jonathan G. Ritchey, Sherri M. Ritchey, Defendants : 06-1149 CIVIL ORDER OF COURT AND NOW, this 25th day of July, 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 defendants to show cause why the plaintiff is not entitled to the relief requested; 2. The defendants will file an answer to this petition on or before August 14, 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 Defendants file 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.~~..~\ \1.5"Y~ , . Exhibit "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHELAN HAL~ & SCHMIEG by: MICHELE M. BRADFORD, Esquire Atty. I.D. No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19102-1799 (215) 563-7000 Plaintiff A TIORNEY FOR PLAINJIFF ~-" - ~'.'..,:"--. ."- O~.~ " 'L~ c " ~~ :{u9.\' . :'~~Pn~ Pleas.. 0(11..1;,;}',,;$ .. \'. y- . ,,~f'-- ,. , ,. .' : ciVil D~' ,J!f~" ~.f,_.."...t'" : Cumberland County Mortgage Electronic Registration Systems, Inc. vs. !-~ ;,......-, Jonathan G. Ritchey Sherri M. Ritchey No. 06-1149 Civil Term ...... , i; ; Defendants ! r-...:. CERTIFICATION OF SERVICE t . _- 11-j "'....'. I,. MICHELE M. BRADFO~, Esquire, hereby certify that a true an.2~t'c"ti~ of our '0....[ Motion to Reassess Damages notmg a Rule Return date of Aug~006 has ~"teerGO" upon the following persons: '. ~110Rtl~ ae,lUpJi. p\..EA~~ ---- .. Jonathan G. Ritchey Jonathan G. Ritche,. . ''5,>:,.,~'J#'''''''''''''' Sherri M. Ritchey Sherri M. Ritchey "";<_-""~,!!~ 120 Lebo Road 118 Virginia 1,.~~'~.' Carlisle, P A 17013 Carlisle, P A 17013 Jonathan G. Ritchey 66 West Main Street Plainfield, P A 17081 Date:. PHELAN HALLINAN & SCHMIEG, LLP Michele M. BradD rd, Attorney for Plaint By: 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. ~rim Date Michele M. Bradford, Esqui 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. Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Jonathan G. Ritchey Sherri M. Ritchey No. 06-1149 Civil Term Defendants 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: Jonathan G. Ritchey Sherri M. Ritchey 120 Lebo Road Carlisle, P A 17013 Jonathan G. Ritchey Sherri M. Ritchey 118 Virginia Avenue Carlisle, P A 17013 Jonathan G. Ritchey 66 West Main Street Plainfield, P A 17081 81/~ Date I Michele M. Bradford, Esquire Attorney for Plaintiff o c s: -q~E n.., --y '1'~; ~S-,~ -<.. ~ );Q ~CI >c: Z ~ " ~ c::::> c::::> cr- );JI' c:: <n ~ ~:D ~~' -0 b _.~ .,..- ::C -d 0- -~O ~m ~ ~ (j\ ~ :x C5 .- N 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. RECEIVED AUG 1 7. 2006 !J '. .' Attorney for Plai Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Jonathan G. Ritchey Sherri M. Ritchey No. 06-1149 Civil Term Defendants ORDER AND NOW, this 1. \ ~1' day of I\")l}\ , 2006, upon consideration of Plaintiffs 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 Interest Through 9/6/06 Per Diem $25.15 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/BPO MIPIPMI NSF Suspense/Misc. Crectits Escrow Deficit $146,859.41 10,834.20 0.00 1,225.00 1,087.00 1,453.60 122.50 95.00 0.00 0.00 0.00 7.385.51 TOTAL $169,062.22 Plus interest through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is nol included in the above figure. BY THE COURT: \ ~ '-t \ ~~ -.\ J. _~,ov ~\y C) IfINV^lASNN3d AlNnOJ ('7~"r'iJ=18',^jna 22 :6 \.IV I Z 30V 9GUl Al:NlONOH.lOtJd 3H.1. :10 3QI:l~o-a31!:l COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Federal Home Loan Mtg Corp is the grantee the same having been sold to said grantee on the 6th day of Sept A.D., 2006, under and by virtue of a writ Execution issued on the 25th day of may, A.D., 2006, out ofthe Court of Common Pleas of said County as of Civil Term, 2006 Number 1149, at the suit of Mortgap;e Electronic Reg Systems Ine against Jonathan G ritchey & Sherri M is duly recorded in Deed Book No. 276, Page 3763. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this J I L day of d~ ,A.D.,;{tto(, order of Deeds . . . , Mortgage Electronic Registration Systems, Inc. In The Court of Common Pleas of VS Cumberland County, Pennsylvania Jonathan G. Ritchey and Sherri M. Ritchey Writ No. 2006-1149 Civil Term Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on July 18,2006 at 7:48 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Jonathan G. Ritchey, by making known unto Jonathan G. Ritchey personally, at 66 West Main Street, Plainfield, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on June 29, 2006 at 1:38 o'clock PM, she served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Sherri M. Richey, by making known unto Cheynne Dyarman, Fiance, personally, at 120 Lebo Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on June, 29, 2006 at 1 :38 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jonathan G. Ritchey and Sherri M. Ritchey located at 120 Lebo Road, Carlisle, 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 defendants, to wit: Jonathan G. Ritchey and Sherri M. Ritchey, by regular mail to their last known address of 66 West Main Street, Plainfield, P A 17082 and 120 Lebo Road, Carlisle, PA 17013, respectfully. These letters were mailed under the date of July 27, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 06,2006 at 10:00 o'clock A.M. He sold the same for the sum of$1.00 to Attorney Daniel Schmieg for Federal Home Loan Mortgage Corporation. It being the best and highest bid, Federal Home Loan Mortgage Corporation, of Foreclosure Unit, Mail Stop 61, P.O. Box 5000, Vienna, VA 22183-5000, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$1,123.99. Sheriffs Costs: Docketing Poundage Posting Bills $30.00 22.04 15.00 ~pA o1J .3 0 . _{) /-) C4Ss',/P9 ~ / 131;7 . , Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed 15.00 30.00 10.00 .50 1.00 11.44 15.00 30.00 491.00 369.20 19.31 25.00 39.50 $ 1,123.99 ?~/~ R. Thomas Kline, Sheriff BYI\.}O~ SfY\Lfk Real Estate Sergeant ., ,-. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CML DIVISION JONATHAN G. RITCHEY SHERRI M. RITCHEY NO. 06-1149 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .120 LEBO ROAD. CARLISLE. P A 17013 . 1. Name and address of Owner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JONATHAN G. RITCHEY 66 W. MAIN STREET PLAINFIELD, P A 17081 SHERRI M. RITCHEY 120 LEBO ROAD CARLISLE, P A 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None . ... ..... . 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TAYLOR, BEAN & WHITAKER MORTGAGE CORP 1417 NORTH MAGNOLIA AVE OCAIA, FL 34475 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 plaintiffhas 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 120 LEBO ROAD CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to autho~ities. May 22. 2006 DATE ~~ _ 4-~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff . . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. CUMBERLAND COUNTY Plaintiff, No. 06-1149 v. JONATHAN G. RITCHEY SHERR! M. RITCHEY Defendant(s). May 22, 2006 TO: JONATHAN G. RITCHEY 66 W. MAIN STREET PLAINFIELD, P A 17081 SHERRI M. RITCHEY 120 LEBO ROAD CARLISLE, P A 17013 **THIS FIRM IS A DEBT COLLECTOR AITEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN AITEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at . 120 LEBO ROAD. CARLISLE. P A 17013. is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $156.126.27 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 Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffwithin 30 days ofthe 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 Sheriffwithin ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 M . ALL THAT CERTAIN tract ofland located in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNlNG at a point on or near the center of Church Road (T-361) North 28 degrees 00 seconds 00 minutes East one hundred ninety-eight (198) feet to a point at lands now or formerly of James E. and Dorothy A. Miller; thence along the same South 81 degrees 34 minutes 00 seconds East four hundred sixty-two and fifty-one hundredths (462.51) feet to a point in the center of Lebo Road (T-360); thence along the same South 29 degrees 04 minutes 49 seconds West two hundred four and ninety-seven hundredths (204.97) feet to and point on Church Road (T-361); thence along the same North 80 degrees 54 minutes 30 seconds West four hundred fifty-six and fifty-eight hundredths (456.58) feet to the point and place of BEGINNING. BEING Lot No.2 on the subdivision Plan for James E. and Dorothy A. Miller prepared by John K. Bixler III, Professional Surveyor, and recorded in Cumberland County Records in Plan Book 89 Page 88. BEING PART OF THE SAME PREMISES which C. Edgar Beam and Edna A. Beam, his wife, by their deed dated August 6, 1969 and recorded August 7, 1969 in the Cumberland County Records in Deed Book 23-1 Page 293 granted and conveyed unto James E. Miller and Dorothy A. Miller, his wife, grantors herein. Being Parcel # 31-21-0332-067 TITLE TO SAID PREMISES IS VESTED IN Jonathan G. Ritchey and Sherri M. Ritchey, his wife, by Deed from James E. Miller and Dorothy A. Miller, his wife, dated 8-23-04, recorded 8-24-04 in Deed Book 264, page 4223. (Note: Right-or-Way and Easement Agreement between Jonathan G. Ritchey and Sherri M. Ritchey, and James E. Miller and Dorothy A. Miller, dated 01-27-05, recorded 02-18-05, in Book 715, page 1585. Jonathan G. Ritchey and Sherri M. Ritchey hereby grant and convey unto James E. Miller and Dorothy A. Miller, their heirs and assigns, a right-of-way and easement for ingress, egress and regress, for vehicle, pedestrian and utility purposes, over, upon and across their tract of land, to conform with the right-of- way laid out on the land. Said right-of-way is necessary of ingress and egress to a proposed Lot No.1 and is fifty (50) feet wide.) BEING KNOWN AS 120 LEBO ROAD, CARLISLE, P A 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1149 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 JONATHAN G. RITCHEY AND SHERR! M. RITCHEY (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 $156,126.27 L.L. $.50 Interest FROM 4/14/06 TO 9/6/06 (PER DIEM - $25.66) - $3720.70 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $185.60 Other Costs Plaintiff Paid Date: MAY 25, 2006 (Seal) Prothonotary 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 ill No. 62205 ..;~~ lJ...c.'-: lJ... _ oc>" wI:' :t: : If)c We Xc 1-_ '. LL:. 0.. wC: Uu. -CL l.L. ...- l.L. ~ 0:::. c: ~ Real Estate Sale # 82 On June 06, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Penn Township, Cumberland County, PA Known and numbered as 120 Lebo Road, Carlisle, more fully described on Exhibit" A" filed with this writ and by this reference incorporated herein. o (Y"I cr <( Date: June 06, 2006 By: UDcU.;\~ Real Estate Sergeant N I Z ::::> -, -t> = = <--.l . "" THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever smce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of July and the 2nd day(s) of August 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S ALE #82 I CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 .........'........ .....'IIlIIIM...~ ~r..t.....~lIr r.1O 11\,....,- v., JonIIIhInt.......,. AUy:.......t'L ...~_ ~ / . ALL~,~,., PIma --.;",' ~~~( to wit: . ' BIlGJNQrG .._ .IX Cbuld1...tt:,.1} .., .' 2$" 00 IIiiIul!lt 'llIIf' . feet to a pOjDtjf .. E. aa$l~. . A.. .. .... .. SouIhll.:W' ... .' ._Iiur buQdIecl siJt)'~'. .... .-- (4W1)..~poiIt~.._~JtoId (T-36Il); lbI:Dce" .__'Slilib. %9Jfrpra 04111i111f1S49 ..., . '.' / . nindy~, . led 01\ QuIn:b "ROId NOllti~ ..' -- ~ _-... . IlIIIlihdIbs (45638) feet to'_ JIlliIt...pJe of~. Being Lot No.!<lI1 d1e~PIlIII<<James E. ... Daray A..........."Y * x. Bixler m. ProfeUionIl SuMyor. .. .RClXiIedin Cumbe:rlaDdCAllilt)'...".PIiIo Book S9 Page 88. BeinJ put of - . . . ." .JINlIIiaes whid1 C. _ .....,...r....lliI. by their... ...i......l....1lIlllIded ~'71_ ' ,,(billy boordS ui Deed . iI3 pied and conveyed \IIIto. . and DorodIy A. MiIIr............ BeingPan:el.~7 1itIe mi.'.......'....... G. RildJey llIIli SlIeni M. RiI*y, IUs wife, by Deed from 1.. E. ....~\A. Miler, his wife. dilled &-~, ~"24-4MiII Deed Book 264.. JIIIIIIl 4223. (Nele:' ~.~ aad ~...~..'~'.'" G. RitdIey...... . ..M. __, aDd ~E. ~.. . ...'..... "1)1..z7..05, recorded oz.l,\ ill Bcd' 715. JIIIIIIl ~. JonaIbInG. ~""'~M."~ ~..L . E..,. ~A..__..,,- of-YJay .llIIli .,1IIlI ~ for .......~ ~ ~ . ofJllid, to~'" .' '. . dIlte ._ . . '. ..fiIi:..lij' , liiid e~llll""f.\lt"'!t ....'l!i8). filetwidlJ;) I . BeilII'klMM ~ ..l2&.... LeboR*, fidiile,' PA 1'7Ot3 . \ " . . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: July 21, July 28, and August 4,2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SW 0 AND SUB CRIBED before me this 4 day of August. 2006 ~)~ry~yt:A/ I NOTARIAL SEAL I t LOIS E. SNYDER, Notary Public I Carlisle Boro, Cumberland County ~ My Commission Expires March 5, 2009 ~"'~"'III<Ol'-~'~ REAL ESTATE SALE NO. 82 Writ No. 2006-1149 Civil Mortgage Electronic Registration Systems, Inc. vs. Jonathan G. Ritchey and Sherri M. Ritchey Atty.: Daniel G. Schmieg ALL THAT CERTAIN tract of land located in Penn Township. Cumber- land County, Pennsylvania, bound- ed and described as follows. to wit: BEGINNING at a point on or near the center of Church Road rr-361) North 28 degrees 00 seconds 00 minutes East one hundred ninety- eight (198) feet to a point at lands now or formerly of James E. and Dorothy A. Miller; thence along the same South 81 degrees 34 minutes 00 seconds East four hundred sixty- two and fifty-one hundredths (462.51) feet to a point in the cen- ter of Lebo Road (T-360); thence along the same South 29 degrees 04 minutes 49 seconds West two hundred four and ninety-seven hun- dredths (204.97) feet to and point on Church Road (T-361); thence along the same North 80 degrees 54 minutes 30 seconds West four hundred fifty-six and fifty-eight hun- dredths (456.58) feet to the point and place of BEGINNING. BEING Lot No. 2 on the subdivi- sion Plan for James E. and Dorothy A. Miller prepared by John K. Bixler III, Professional Surveyor. and re- corded in Cumberland County Records in Plan Book 89 Page 88. BEING PART OF THE SAME PREMISES which C. Edgar Beam and Edna A. Beam. his wife. by their deed dated August 6. 1969 and re- corded August 7, 1969 in the Cumberland County Records in Deed Book 23-1 Page 293 granted and conveyed unto James E. Miller and Dorothy A. Miller, his wife, grantors herein. Being Parcel # 31-21-0332-067. TITLE TO SAID PREMISES IS VESTED IN Jonathan G. Ritchey and Sherri M. Ritchey, his wife, by Deed from James E. Miller and Dorothy A. Miller. his wife, dated 8- 23-04, recorded 8-24-04 in Deed Book 264, page 4223. (Note: Right-of-Way and Ease- ment Agreement between Jonathan G. Ritchey and Sherri M. Ritchey, and James E. Miller and Dorothy A. Miller, dated 01-27-05, recorded 02-18-05. in Book 715. page 1585. Jonathan G. Ritchey and Sherri M. Ritchey hereby grant and convey unto James E. Miller and Dorothy A. Miller, their heirs and assigns, a right-of-way and easement for in- gress, egress and regress, for ve- hicle, pedestrian and utility pur- poses, over, upon and across their tract of land, to conform with the right-of-way laid out on the land. Said right-of-way is necessary of ingress and egress to a proposed Lot No. 1 and is fifty (50) feet wide.) BEING KNOWN AS 120 Lebo Road, Carlisle, PA 17013 ,.,'_..--'M.................._......~_....,,"'....""__.....--_Jtl' "'...."',~-...'''~'''-;''';,~,-~..,.,...,,".._-,._-_..-