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HomeMy WebLinkAbout06-1152 LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR EQUITY ONE, INC. 121 W oodcrest Road Cherry Hill, NJ 08003 CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: [':4.. / (5:) G-~~t2-, Plaintiff, v. THOMAS IVEY 102 Juniper Drive Mechanicsburg, PA 17055 MANDY IVEY 102 Juniper Drive Mechanicsburg, PA 17055 Defendants. 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 this 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 THE INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PAl 70 13 (800) 990-9108 A VISO PARA DEFENDER USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente 0 por un abogado y archivando por escrito con la Corte sus defensas 0 objeciones a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un jazgamiento puede ser entrado contra usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demanda 0 por cualquier otro reclamo 0 alivio solicitado por Demandante. Usted puede perder dinero 0 propiedad 0 otros derechos importante para usted. USTED DEBE LLEV AR ESTE P APEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, V A Y A 0 LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 NOTICE The amount of YOllr debt is as stated in the attached document. The name and address of the creditor to whom the debt is owed is as named in the allached document. This is an attcmpt by a debt collector to collect a debt. Any information obtained will be used for that purpose. Unless )'ou notif~\' this office within thirty (30) days after' r-cceil'ing thi, notice that you dispute the I'alidity of the debt or any portion thereor, this office will assume that this debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice that the debt, or any portion thereof, is disputed, this office will obtain verification of the debt and mail you a copy of such verification. Collection agencies arc regulated by a federal law which grants you certain rights. One of these is the right to have US cease communication with you about this debt If you ask US in writing to cea.se, we will. This law is administered by the Federal Trade Commission, Division of Credit Practices, Washington, D.C. 20580. If you request this office in writing within thirty (30) days after receiving this notice, this office will provide you with the name and address of the original creditor, if different from the CUlTent creditor. Note: If you have received a discharge in bankruptcy which discharges the debt which is the subject hereof, this Notice is for information purposes only aud should not be considered an attempt to collect a debt. Peter Meltzer, Esquire 1600 L<lcust St. Philadelphia, PA 19103 215-545-3300 . . LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.e. By: Peter E. Meltzer Identification No.: 39828 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR EQUITY ONE, INC. 121 W oodcrest Road Cherry Hill, NJ 08003 CUMBERLAND COUNTY COURT OF COMMqN PLEAS NO.: ()4 - J/52 ~ '11..-_ Plaintiff, v. THOMAS IVEY 102 Juniper Drive Mechanicsburg, PA 17055 MANDY IVEY 102 Juniper Drive Mechanicsburg, P A 17055 Defendants. COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the plaintiff, Mortgage Electronic Registration Systems, Inc. as nominee of Equity One, Inc., by and through its attorneys, Law Offices of Peter E. Meltzer and Associates, P.C., and files this Complaint in Mortgage Foreclosure pursuant to the Pennsylvania Rules of Civil Procedure and avers the following: PARTIES 1. Plaintiff, Mortgage Electronic Registration Systems, Inc. as nominee of Equity One, Inc. is a Delaware corporation with an address at P.O. Box 2026, Flint, MI 48501-2026. Plaintiff's loan servicer is Equity One, Incorporated ("Equity One"), a Pennsylvania corporation with an address at 121 Woodcrest Road, Cherry Hill, NJ 08003. 2. Defendants are the individuals named above residing at the address given above. VENUE 3. Venue is proper in Cwnberland County under Pa.R.Civ.P. 1142 in that said County is the county where the cause of action arose and the county where the transaction or occurrence took place out of which the cause of action arose and the county where the real property which secures the loan made by Plaintiff to Defendants is located. FACTS 4. On or about September 7, 2004, Equity One, Inc. loaned Defendants the principal swn of $96,000.00 with interest in accordance with the terms and conditions of a certain Promissory Note of even date executed by Defendants in favor of Plaintiff (the "Note"). 5. The Note is secured by a Mortgage executed by Defendants in favor of Plaintiff (the "Mortgage") granting Plaintiff a mortgage lien on real estate located at 4520 Linden Avenue, Mechanicsburg, PA 17055 (the "Property"). The Mortgage was recorded on September 30, 2004 with the Cwnberland County Recorder of Deeds at Book 1882 Page 3030. 6. Upon information and belief, the Property consists of a residential dwelling. 7. Defendants are the owners of the Property covered by the Mortgage. 8. Plaintiff is the holder of the Note and Mortgage and there have been no further assignments of the Note and Mortgage. 9. As a result of the failure to make payments due under the Note since July I, 2005 and thereafter, the entire unpaid balance of principal indebtedness, together with all accrued and unpaid interest, and all of Plaintiffs costs as authorized in the Note are immediately due and payable, comprised as follows: 2 . . Principal Balance Due: Interest Due as of January 26, 2006: Late Charges: Corporate Advance Balance: Prepayment Penalty: Security Satisfaction Fee: Attorney's Fees: Costs of Suit and Title Search: Total Sum Due $ 95,458.69 $ 4,946.08 $ 243.74 $ 121.50 $ 3,004.62 $ 13.50 $ 5,020.24 $ 500.00 $109,308.37 Interest accrues on the Note from January 27,2006, at the per diem rate of$20.61 and there is a monthly late charge of $34.82. 10. The attorneys' fees set forth above are in conformity with the mortgage docwnents and/or Pennsylvania law and will be collected in the event of a third-party purchaser at Sherif[' s Sale. If the mortgage is reinstated prior to sale, reasonable attorneys' fees will be charged based on work actually performed. II. Act 6, the Act of January 30,1974, P.L. 13, No.6, 41 P.S. ~403 et seq., and the Homeowner's Emergency Assistance Act, Act of December 23, 1983, P.L. 395, No. 91, 35 P.S. ~1680.401(c) et ~ have been complied with or are not applicable. WHEREFORE, Plaintiff demands in rem judgment for foreclosure and sale of the property against Defendants in the amounts and with the per diem interest set forth in paragraph 9 above, together with interest at the rate set forth in the Note from the date of judgment, and other damages and relief as the court may deem just. Respectfully submitted, Dated: l{U(~( LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.c. 1/ ~o By: 3 . ' ' VERIFICATION I, Mike Perry, an authorized officer of the Plaintiff, am duly authorized to make this Verification on behalf of Plaintiff, and do hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I further understand that the statements therein made are subject to the penalties 4904, relating to unsworn falsification to authorities. ~~~ ~. ~w ~~ ""0 -:C' \ ~ c> '~ '& ,.,) "'" C) r'o' C~; ~ -,::-:~ :1 SHERIFF'S RETURN - REGULAR . CASE'NO: 2006-01152 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS IVEY THOMAS ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon IVEY THOMAS the DEFENDANT , at 1915:00 HOURS, on the 2nd day of March 2006 at 102 JUNIPER DRIVE MECHANICSBURG, PA 17055 by handing to THOMAS IVEY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.80 .00 10.00 .00 36.80 So Answers: .~~<<c~ R. Thomas Kline 03/07/2006 PETER MELTZER me this ,l.1,if day of BY~ ~~ Deputy Sheri f Sworn and Subscribed to before ~a AD. ~. ~ roth tar~ SHERIFF'S RETURN - REGULAR CASE' NO: 2006-01152 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS IVEY THOMAS ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon IVEY MANDY the DEFENDANT , at 1915:00 HOURS, on the 2nd day of March , 2006 at 102 JUNIPER DRIVE MECHANICSBURG, PA 17055 by handing to THOMAS IVEY, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers:/7 /, ~ .~7?~d _,r:b R. Thomas Kline 03/07/2006 PETER MELTZER me this J.I~ day of B~+bl~ Deputy Sheriff Sworn and Subscribed to before ~- Lih (' Pro ta A.D. SHERIFF'S RETURN - NOT FOUND CASE' NO: . 2006-01152 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS IVEY THOMAS 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 OCCUPANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , OCCUPANT 4520 LINDEN AVENUE MECHANCISBURG, PA 17055 4520 LINDEN AVENUE MECHANICSBURG IS VACANT. 6.00 12.32 5.00 10.00 .00 33,32 ..~ Sheriff's Costs: Docketing Service Not Found Surcharge ~ County PETER MELTZER 03/07/2006 Sworn and subscribed to before me this ;<lvu- day of ~ "-, A~ 1.J.h pro,L 'J D. LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer, Esquire Identification No.: 39828 By: Shilpa Patel, Esquire Identification No.: 83430 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3339 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR EQUITY ONE, INC. THIS IS OT AN ARBI TION CASE. ASSESS NT OF DAMAGES HEARIN IS NOT REQUIRED. Attorneys for Plaintiff CUMBEp COUNTY COURT F COMMON PLEAS NO.: 2 -01152 Civil v. THOMAS IVEY MANDY IVEY praeetpe for Judlmlent To the Prothonotary: Enter in rem judgment in the swn of$III,699.13 in favor of e plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE F R EQUITY ONE, INC. and against Defendants THOMAS IVEY AND MANDY IVEY beca of Defendants' failure to file an answer within twenty (20) days of service of the Complaint, d assess damages as follows: Amount claimed in Complaint: Per diem interest from 1/27/06 to and including 5/22/06: Per diem interest from 5/23/06 at $20.61 per day: $1 9,308.37 $ 2,390.76 $ REAL DEBT $1 1,699,13 ASSESSMENT OF DAMAGES AND NOW. this j)day of 4 n ~o= -ofTi ~J!~~_: ;':.-';. , 'f)"\ :?C:~. ~~-k~ z :~ "" = = C7" ':!%' ;po -< w ",. ::;;:: o -n ~:!J -0 r-n :fly Or) :,:?':::l"; -.......,.., c)c:) 'iSm i <.D .::;- (JJ LAW OmCES OF PETER E. MELTZER AND ASSOCIATES, P.C, By: Peter E. Meltzer, Esquire Identification No.: 39828 By: Shilpa Patel, Esquire Identification No.: 83430 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3339 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR EQUITY ONE, INC. Attorn,ys for Plaintiff i CU ERLAND COUNTY COUR OFCOMMONPLEAS NO.: 2006-01152 Civil v. THOMAS IVEY MANDY IVEY CER I hereby certify that I am the attorney for the plaintiff in this action and further certify that on April 3, 2006, I caused the 10-day notice required by Pa.R. iv.P. 237.1 to be sent to Dated: May 22, 2006 . se respond to the the defendants after defendants' failure to plead to the Complaint' the above matter which was served upon them by the Cwnberland County Sheriff on Marc 2, 2006, and I hereby further certify that defendants failed to answer the Complaint or 0 Complaint or the 10-day notice in any way. A copy of the Proof of ailing of the 10-day Notice is attached hereto as Exhibit "A". >, o C ? \:Je'-- '1'r. -7~ ' (~1<' ~~<f -- (-,. z =2 "" ,= = "" :2 J::;t.. "'" w o ., -I :r.:.." nlp= -t'Jrn :DO ,') 1 ~-j~fl i~:d -,,'"0 om -"~I ~ .< ';130 :::!: <.D .&:- W . LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer Identification No.: 39828 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3300 THIS IS OT AN ARBI TION CASE. ASSESS ENT OF DAMAGES HEARIN IS NOT REQUIRED. Attorneysl for Plaintiff I , MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR EQUITY ONE, INC. CUMBE AND COUNTY COURT F COMMON PLEAS NO.: 2 06-01152 Civil v. THOMAS IVEY MANDY IVEY To: Thomas Ivey Mandy Ivey IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED 0 ENTER A WRITIEN APPEARANCE PERSONALLY OR BY A TIORNEY AND FILE WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS ET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGH S. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HA E A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLO ING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER T ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABO T HIRING A LAWYER. . ~ .. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS qFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES tAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEf OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 'LAW OFFICES OF P TER E. MELTZER AND ASSOCIATES, P C. Dated: April 3, 2006 By: This is an attempt by a debt collector to collect a debt. Any info ation obtained will be used for that u ose. o t;; ';-:. -'Or U~\ . ~ = "'"' -.-: :,:;" --" '.i:, (,,) >',''', j; - "S; Q, ~~ -n -"b -0 l. ;::-J\CJ =~~:~. :Jd i-)--,) "':':"?n ~~!\ -". ~!l. 'f? :;. "'" . . '"0 C:o'1 cx" ....' ~\ ",\ sol ~\ ~ \..."'0 ~ Ul !!l.6i! . I . I . \ .., 8.-: \ I I ' m 3 ~ ~z\ I _\O'l-tc '< c' I I , g>3\ I , \ \ ~ \8mQ ... I \ ... ;:Ii, .... iai , \ \ '. ch5~~ ; \ ..... 3l.i ! .., . ' i c ~I ! 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Ic~ II ,. ~ ___~'--1 \~~\ Ig~ : I ~, ~-~ ----~~i lID! --~-,\-;:,\ g:r.: _c--t---j ~mfJ\ \i~:!, ~ - ~R ~ ......... ~ -.I 0\ ~ Q.l ~ ~ 'Y .t (f\ VI ~ rc- ~ ~ &- 'r --.. <...Jj ~) , ~ ~ 6- ~ - . t , . . ... 0 ,...., 0 ,.." C .~ .." :;';:: e1" -Jr' :It: '1 rh~': "'''' "'~ , ...., , v:> -o,--n cni - C)) ~ ..- ,.,-~; ?' .;.j:P -- ';:,:9. " : - , 0 c, '-P. ;-::-\ ~~, <\5 -' s:- .-<. <..) :-<;. LAW OmCES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer, Esquire Identification No,: 39828 By: Shilpa Patel, Esquire Identification No.: 83430 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3339 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR EQUITY ONE, INC. Attorneys for Plaintiff v. THOMAS IVEY MANDY IVEY TO: Thomas Ivey and Mandy Ivey NOTICE PURSUANT TO RULE 236 OF THE PENNSYLVANIA R ES OF CIVIL PROCEDURE, NOTICE IS GIVEN THAT A JUDGMENT BY DEF ULT IN THE ABOVE- CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. PROTHONOT If you have any questions concerning the above, please contact Meltzer & Associ tes, P.C. Shilpa Patel, Esq ore 1600 Locust St., uite 200 Philadelphia, PA 9103 215-545-3339 Cd ~t. \J\~'. U;\.' "/' (f) ~, Ci~l .~\~. ~ ,,"~ r,::; "'" cr ::1t- ~ (.# "- ~ ~~ '" :~O .'2b '.,;:.il;-n -""r' -s. ()'<./ '..."".....-t "5'" .-o.A ?Xi :;.:; ~. v:o .. s:- ~ ~' . LAW OmCES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer. Esquire Identification No.: 39828 By: Shilpa Patel, Esquire Identification No.: 83430 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3339 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR EQUITY ONE, INC. v. THOMAS IVEY MANDY IVEY Q. TIllS IS NOT AN ARBITRATION CASE. ASSESS~T OF DAMAGES HEARlN~ IS NOT REQUIRED. Attorneys Ifor Plaintiff D COUNTY F COMMON PLEAS 6-01152 Civil Praecipe for Writ of Execution To the Prothonotary: Issue writ of execution in the above matter: Amount due: Interest from judgment date: Costs to be added: Legal Description attached $111,699.13 $ $ t . WRIT OF EXECUTION - (MORTGAGE FO LOSURE) Pa. RC.P. 3180 to 3183 and Rule 3257 Mortl!age Electronic Registration IN THE COURT F COMMON PLEAS CUMBERLAND OUNTY, PA Systems. Inc. as Nominee for Eauity One. Inc.: vs. Thomas Ivev DOCKET NO.: 2 6-01152-Civil MandvIvev WRIT OF EXECU ION MORTGAGE FO CLOSURE Commonwealth of Pennsylvania County of Cumberland TO THE SHERIFF OF Cumberland COUNTY, ENNSYL V ANIA: To satisfy the judgment, interest and costs in the above matter yo are directed to levy upon and sell the following described property (specifically described prope below): 4520 Linden Avenue Mechanicsburg, P A 17055 Amount Due: $111 99. 3 Interest from 5/23/06: At $20.61 per day TOTAL: $ $ Plus costs as endorsed (SEAL) n Pleas Court , Pennsylvania Dated: (l~ f'{,~ C;. LL (J- -;- )....2- ~Lf.~ 56- 60 3 '", 86 ICe. OC> 3~, ~).. d. 6D jvV .0'7) No: 2006-01152-Civil IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Mortgage Electronic Registration Systems, Inc. As Nominee for Equity One, Inc. vs. Thomas Ivey Mandy Ivey Writ of EXKution (Mortgage Foreelosure) Real Debt: $111.699.13 Int. from 5/23/06 $ At $20.61 per day: Costs: $ Prothy. Pd.: $ Sheriff: $ Law Offices of Meltzer & Associates. P.c. Shilpa Patel. Esouire Attorney for Plaintiff 1600 Locust Street, Philadelphia, P A 19103 215-545-3339 Property Address: 4520 Linden Avenue, MKhanicsburg, P A 17055 --::~1 ,-( , ~ a ~ -n ?: ~:!l -< r:; -on, W -'JC.l ,..^) T: "',C) ,-,--'" i;1~1 om ---I 55 '< ~ "'" ::r. 1..0 .r-- WRIT OF EXECUTION and/or ATTACHMEN COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06- 152 Civil IVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC GISTRATION SYSTEMS, INC., AS NOMINEE FOR EQillTY ONE, INC. Plaintiff (s) From THOMAS & MANDY IVEY, 102 JUNIPER DR., MECHANICSB (I) You are directed to levy upon the property of the defendant (o)and to sell LOCATED AT 4520 LINDEN AVE., MECHANICSBURG PA 1705 DESCRIPTION) . (2) You are also directed to attach the property of the defendant(s) not levied pon in the possession ALESTATE (SEE LEGAL of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the g 'shee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering a y property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is ound in the possession of anyone other than a named garnishee, you are directed to notify him/her that elshe has been added as a garnishee and is enjoined as above stated. Amount Due $111,699.13 Interest Atty's Comm % Atty Paid $168.12 Plaintiff Paid Date: MAY 31, 2006 L.L. $.50 Due Prothy $1.00 Other Costs (Seal) Prothonotary By: Dep ty REQUESTING PARTY: Name SIllLPA PATEL, ESQ. Address: 1600 LOCUST ST., STE 200 PIDLADELPIDA PA 19103 Attorney for: PLAINTIFF Telephone: (215) 545-3339 Supreme Court 10 No. 83430 05/31/06 12:32 FAX 215 5450666 MELTZERLAW, P.C. 14102 PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN one-nalf Interest In a condominium dwelling unit ltuate at 4520 Linden Avenue Condominium. Lower Allen Township, Cumberland County, Pennsylvania. BEING designated and known as Unit No_ 4520 in the Declaration of Condo inium and Declaration Plans of said Condominium as recorded in the Office of the Recorder of Deeds n and for Cumberland County, Pennsylvania. in Miscellaneous Book 337, Page 391, as required and in ace rdance with the provisions of the Pennsylvania Condominium Act of July 2, 1980 (68 P.S. 3101 et seQ.l. TOGETl-IER with all right. title and interest in and to the Common Eleme s as more fully set forth in Ihe aforesaid Declaration of Condominium and Declaration Plans, as amended fro time 10 time. UNDER AND SUBJECT. nevertheless to all agreements, conditions, easeme ts and restrictions of prior record and to the provisions, easements, covenants and restrictions as conlained in the Declaration of Condominium and Declaration Plans. Parcel Number 13.24-0795-146-U4520 .. LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer, Esquire Identification No.: 39828 By: Shilpa Patel, Esquire Identification No.: 83430 1600 Locust St., Suite 200 Philadelphia, P A 19103 (215) 545-3339 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR EQUITY ONE, INC. OTAN TION CASE. ASSESS OF DAMAGES HEARlN IS NOT REQUIRED. Attorneys for Plaintiff CUMBE AND COUNTY COURT F COMMON PLEAS NO.: 20 6-01152 Civil v. THOMAS IVEY MANDY IVEY Affidavit Pursuant to Rule 3129.1 Mortgage Electronic Registration Systems, Inc. as Nominee fo Equity One, Inc., Plaintiff in the above action, sets forth as of the date that the Praecipe or Writ of Execution was filed the following information concerning the real property located at 4520 Linden Avenue, Mechanicsburg, PA 17055: 1. Name and address of owner(s) or reputed owner(s): ~ Thomas Ivey Mandy Ivey Address 102 Juni r Drive Mechanic burg, P A 17055 2. Name and address of defendant(s) in the judgment: ~ Thomas Ivey Mandy Ivey Address 102 Juni r Drive Mechanic burg, PA 17055 3. Name and address of every judgment creditor whose j the real property to be sold: ~ Address 4. Name and address of the last recorded holder of every ortgage of record: 1 .' -.. ~ Mortgage Electronic Registration Systems, Inc. Address Cwnberl One Co Carlisle, d County Courthouse ouse Square A 17013 5. Name and address of every other person who has any Nmm; Cwnberland County Tax Claim Bureau Bonnie Miller, Tax Collector 1993 H el Avenue Camp Hi!, PA 17011 6. Name and address of every other person who has any ord interest in the property and whose interest may be affected by the sal : Nmllil Cumberland County Domestic Relations Commonwealth ofP A Department of Welfare Commonwealth ofP A Bureau of Compliance 7. Name and address of every other person of whom the p . tiffhas knowledge who has any interest in the property which may be affec by the sale: ~ Occupant Address 4520 Lind n Avenue Mechanics urg, P A 17055 I verify that the statements made in this affidavit are true and c rrect to the best of my knowledge, information and belief. I understand that false statements in are subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to auth rities. Dated: May 22, 2006 2 () '-n~f rTll- -;z~ (./ c~ ~ '''.7 ):;0 .... ....., iT;~ '" -,.. :;:;: -< w o .." ::;:l Hi:!] r: -r,n, :::nO '~~rS " -', <~f-) ('3m ~ -< :;po ::i: 'P. ~ - . . LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer, Esquire Identification No.: 39828 By: Shilpa Patel, Esquire Identification No.: 83430 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3339 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR EQUITY ONE, INC. THIS I NOT AN APJ3I TION CASE. ASSE SMENT OF DAMAGES HEA G IS NOT REQUIRED. Attome s for Plaintiff CUMB RLAND COUNTY COUR OF COMMON PLEAS NO.: 006-01152 Civil v. THOMAS IVEY MANDY IVEY L R TO: Thomas Ivey and Mandy Ivey Your real estate at 4520 Linden Avenue, Mechanicsburg, PA 7055 is scheduled to be sold at Sheriffs Sale on SeDtember 6.2006 at 10:00 a.m., at the Co issioner's Hearing Room, Cumberland County Courhouse, One Courthouse Square, Carl sle, P A 17013 to enforce the court judgment of$III,699.13 obtained by Mortgage Ele tronic Registration Systems, Inc. as Nominee for Equity One, Inc. against you. YOU To prevent this Sherif['s Sale you must take immediate action: 1. The sale will be canceled if you pay to Meltzer & Ass . ates, P .C. the back payments, late charges, costs and reasonable attorneys fi es due. To find out how much you must pay, you may contact Meltzer & A sociates, P.C. at 215- 545-3339. 2. You may be able to stop the sale by filing a petition aski g Ii Court to strike or open the judgment, if the judgment was improperly ente cd. You may also ask the Court to postpone the sale for good cause. 3. You may also be able stop the sale through other legal pr ceedings. ..,.,. . . I I I \ I , You may need an attorney to assert your rights. The sooner l,ou contact one, the more chance you will have of stopping the sale. (See notice below of hot to obtain an attorney.) ER Y 1. , If the sheriff's sale is not stopped, your property will\be sold to the highest bidder. You may find out the bid price by calling M~1tzer & Associates, P.C. at 215-545-3339. . 2. You may be able to petition the Court to set aside th sale if the bid price was grossly inadequate compared to the value of the pro rty. 3. The sale will go through only if the buyer pays the S eriff the full amount due on the sale. To find out if this has happened, you m call Meltzer & Associates, P.C. at 215-545-3339. 4. If the amount due from the buyer is not paid to the S eriff, 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 is paid to the Sheriff and the Sheriff gives a deed to the buyer. At at time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which as paid for your house. A schedule of distribution of the money bid for your ho se will be filed by the Sheriff approximately 30 days after the date of the Serif[' s Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptio s (reasons why the proposed distribution is wrong) are filed with the Sh riff within 10 days. 7. You may also have other rights and defenses, or way of getting your house back, if you act immediately after the sale. Cwnberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 (717)249-3166 2 . ,..., = ~ c;::;;:') c~ -.'" ~-n ~ :t-'" --< n1p:: W -()~1 ;:~~ (:~~ _,_. "'1"'. ;po 1~~2B ::r;: ,-0 fSm :"'-\ s;- ~ - -< LAW OmCES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer, Esquire Identification No.: 39828 By: Shilpa Patel, Esquire Identification No.: 83430 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545.3339 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR EQUITY ONE, INC. OTAN TlON CASE. NT OF DAMAGES IS NOT REQUIRED. Attorney for Plaintiff CUMBE COURT NO.: 2 v. THOMAS IVEY MANDY IVEY C The undersigned hereby certifies that, upon information and lief: Thomas Ivey is over 21 years of age, resides at 102Juniper Dri e, Mechanicsburg, PA 17055 and is employed at unknown as an unknown. Mandy Ivey is over 21 years of age, resides at 102Juniper Driv ,Mechanicsburg, P A 17055 and is employed at unknown as an unknown. Deponent further avers that, upon information and belief, the a ve individual is not within the protection of the Soldiers' and Sailors' Civil Relief Act of 940, together with amendments thereto. : ~. : l' \ .i .,; "'~ . ,\ " o '0 -01"'- \~nn Z":: (J: ~, -~:(., ~'% :.4.. ;::; """ o~ ~ ~ c..> - .". '::& '-R ~ t.n <;? ~-n fl"'\ f:: ,-rl -Q.C1 =-~j 'I' ,,),0 -,<~~ :' ~ "4~ 5(11 -~\ .,. ?:1 ::<: LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer, Esquire Identification No.: 39828 By: Shilpa Patel, Esquire Identification No.: 83430 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3339 THIS IS OT AN ARBIT TION CASE. ASSESS NT OF DAMAGES HEARIN IS NOT REQUIRED. Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR EQUITY ONE, INC. CUMBE COUNTY COURT F COMMON PLEAS NO.: 2 06-01152 Civil v. THOMAS IVEY MANDY IVEY DATE OF SALE: September 6, 2006 I hereby certify that I am the attorney for the plaintiff in this tion and further certify that this Property is: .x Act 6 and Act 91 complied with. q C- -n~~' Ij::\; ~ = o~ ~ ~ 'c ('"-. " :;,. ~.~ -;~.,. c:,. "7 ';::l ~;( v' -- Q. 1, f"~ -o~ -:;J -C"\t.) :~_...--f; -.....' (~O /-f" o -, ~ ~ -"" '-P. .t::' <fI ." ~ LAW OmCES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer, Esquire Identification No.: 39828 By: Shilpa Patel, Esquire Identification No.: 83430 1600 Locust S1., Suite 200 Philadelphia, PA 19103 (215) 545-3339 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR EQUITY ONE, INC. THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 2006-01152 Civil v. THOMAS IVEY MANDY IVEY AFFIDAVIT OF SERVICE PURSUANT TO PA. R. CIV. P.3129.1 I hereby certify that I am the attorney for the plaintiff in this action and further certify that I have mailed or caused to be served copies of the Notice of the September 6, 2006 Sheriff's Sale to all lien holders, judgment creditors and other interested parties listed below as required by Pa.R.Civ.P. 3129.1 by certified mail or by first class U.S. mail, proof of mailing, or by hand delivery on the dates set forth on Exhibit "A" attached hereto. Thomas Ivey Mandy Ivey 102 Juniper Drive Mechanicsburg, P A 17055 Cwnberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle,PA 17013 Bonnie Miller. Tax Collector Lower Allen Township 1993 Hummel Avenue Camp Hill, PA 17011 Cwnberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of P A Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 1 .. . Commonwealth of P A Bureau of Compliance Dept. 280946 Harrisburg, P A 17128-0946 Occupant 4520 Linden Avenue Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. Dated: August 9, 2006 ~fittI Shilpa Patel 2 :; : '" '. .,. ~ 'Il.,""'''' Ii'. '" -!<"" , ':1" 1,;71 '1 ';H Wi' ~ I:#~ H~; ~ i;riB i q:1.i. -;' CU : " , ~ s t',\~",: ~~c.~;r~~: I.i. ~'~l., ",~~:~~::'i~j ~ ~ ~ ,i "\' '8~ <"~'?\' "- ;>.o,,~ "I .... /""'''"'' . -80 i?; ~8 .'" , c JcI!8:)8H wnJ8H ~ 8A!l80 8J:>>!-IJS 8H 6u IPueH lel:>>uds uc IJeWJ!luo:) eu Jeu6lS . UO!JI WJYuo NeA!I ~a ~~ ~> ~i d ;: ~ O'~ ~~ i fJh~U ihl~ ~I ~H~iU ~ W i f I h ~ ii' j' I j' !, ~ Jl ~ ' ' ' I I ~ ~3 ! ~ ," " ~ nil i I~~ ~ :j: &~ : i : I~ :~ I 0000 ~ .~~ ~it: >1 I I'" 'lQ I ,ii c I ~I, ~l~l~:l ~j' d I ~~; ~ ~~j I ~ i 111~"" I,~', -'~, ~ - "l' !: ..I!d '~ ~ 3 ~ i ~ I ~ <t ~~I- i!~ ~~ l;r~ I ~ ~ ~ ~ j'" ~!~ I, i i hlH f-l~i,.~~~j~l'i':~j~l~~ ~~f ~~11 \! ~ 00000 11 J~~ ~~~~~ ~,~~ ~~! t' I~~~ ~ ~ u~ ~ a.:W ...... U-.W ~ oa:a: i:( cnw~ J.: ~~cn _ ;..J~ ou-~:::::>I:; - ~5 ffi 8 ~ ~ tutO ~ z Cl."- a: , , \ i I i , ! !: I II I ; N M -i lli <D ,..: . a:i I 1 :[ ~ I ~ ! J u ~ ~~ ~ i. ~ ==1 !l;. ~o: ~ \~ I ~I g h ~ ] ~ h Ie ~ ~ & c o C ~ a ~ t' . ~ a. ! c l l: ~ j l5 t 1 ~ J g ~ -otp l-r1n ~ '2, ',r,', ~,- ~~J.' ~';';~' r.;:::C; J?:C:; ",,"0 'Pc:. ~ ~ ~ ~ c;> ~ ~~ ~ \\ (J.) ~ ;; ~ (J.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Mortgage Elec Teg Systems Inc nominee of Equity One Inc 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 31st day of may, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 1152, at the suit ofMtg Elec Reg Systems Inc nominee of Equity One Inc against Thomas Ivey & Mandy is duly recorded in Deed Book No. 276, Page 4426. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~I day of ~ ~~ ,A.D. ~ob rAkr,dD~ , Recorder of Deeds RIcoldIr of Deeda, CumbertInd County, CIIIIlI. PA My ~I ExpilltIe FirllMoIldIrotJlft. 2010 Mortgage Electronic Registration Systems Inc. VS Thomas Ivey and Mandy Ivey In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-1152 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on July 10, 2006 at 11:15 o'clock AM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Thomas Ivey and Mandy Ivey, by making known unto Mandy Ivey, personally and wife of Thomas Ivey, at 102 Juniper Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on July 10, 2006 at 10:37 o'clock A.M., he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Thomas Ivey and Mandy Ivey located at 4520 Linden Aveune, Mechanicsburg, Pennsylvania, 17055 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: Thomas Ivey and Mandy Ivey, by regular mail to their last known address of 102 Juniper Drive, Mechanicsburg, Pennsylvania 17055. These letters were mailed under the date of July 14,2006 and never returned to the She riffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 6, 2006 at 10:00 o'clock A.M. He sold the same for the sum of$1.00 to Shilpa Patel for Mortgage Electronic Registration Systems, Inc. as Nominee of Equity One, Inc. It being the highest bid and best price received for the same, Mortgage Electronic Registration Systems, Inc. as Nominee of Equity One, Inc. of 121 Woodcrest Road, Cherry Hill, NJ 08003, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $790.53. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer $30.00 15.50 15.00 15.00 30.00 10.00 Law Library Prothonotary Mileage Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed .50 1.00 21.12 15.00 30.00 287.00 236.60 19.31 25.00 39.50 (] $ 790.53 / 10/0'/0(" r ~~ . ~ R. Thomas Kline, Sheriff i,/~ B Real Estate ,rgeant \"., cvJv ~ 3b.crV I ;')1:> . c.h...- Sa 7 :J.;J f&v jft{O~3 " ... ,.. LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer, Esquire Identification No.: 39828 By: Shilpa Patel, Esquire Identification No.: 83430 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3339 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR EQUITY ONE, INC. THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 2006-01152 Civil v. THOMAS IVEY MANDY IVEY Affidavit Pursuant to Rule 3129.1 Mortgage Electronic Registration Systems, Inc. as Nominee for Equity One, Inc., Plaintiff in the above action, sets forth as of the date that the Praecipe for Writ of Execution was filed the following infonnation concerning the real property located at 4520 Linden Avenue. Mechanicsburg. P A 17055: 1. Name and address of owner(s) or reputed owner(s): ~ Thomas Ivey Mandy Ivey Address 102 Juniper Drive Mechanicsburg, P A 17055 2. Name and address of defendant(s) in the judgment: Name Thomas Ivey Mandy Ivey Address 102 Juniper Drive Mechanicsburg. PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address 4. Name and address of the last recorded holder of every mortgage of record: 1 f . "' , ~ Mortgage Electronic Registration Systems, Inc. Address 121 W oodcrest Road Cherry Hill, NJ 08003 5. Name and address of every other person who has any record lien on the property: Name Cumberland County Tax Claim Bureau Address Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Bonnie Miller, Tax Collector 1993 Hummel Avenue Camp Hill, PA 17011 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 Cumberland County Domestic Relations Address 13 N. Hanover Street Carlisle, P A 17013 Commonwealth ofP A Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Commonwealth ofP A Bureau of Compliance Dept. 280946 Harrisburg, P A 17128-0946 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 Occupant Address 4520 Linden Avenue Mechanicsburg, P A 17055 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. Dated: May 22, 2006 ~~ fltd Shil a Patel 2 LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, P.C. By: Peter E. Meltzer, Esquire Identification No.: 39828 By: Shilpa Patel, Esquire Identification No.: 83430 1600 Locust St., Suite 200 Philadelphia, PA 19103 (215) 545-3339 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR EQUITY ONE, INe. THIS IS NOT AN ARBITRATION CASE. ASSESSMENT OF DAMAGES HEARING IS NOT REQUIRED. Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 2006-01152 Civil v. THOMAS NEY MANDY IVEY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Thomas Ivey and Mandy Ivey Your real estate at 4520 Linden Avenue, Mechanicsburg, P A 17055 is scheduled to be sold at Sheriff's Sale on September 6. 2006 at 10:00 a.m., at the Commissioner's Hearing Room, Cumberland County Courhouse, One Courthouse Square, Carlisle, P A 17013 to enforce the court judgment of $111,699.13 obtained by Mortgage Electronic Registration Systems, Ine, as Nominee for Equity One, Inc. against you. NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT TIllS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Meltzer & Associates, P .C. the back payments, late charges, costs and reasonable attorneys fees due. To fmd out how much you must pay, you may contact Meltzer & Associates, P.C. at 215- 545-3339. 2. You may be able to stop the sale by filing a petition asking a 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 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 below of how to obtain an attorney.) YOU MAY SffiL BE ABLE TO SAVE YOUR PROPERTY AND YOU HA VB OTHER RIGHTS EVEN IF TIlE 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 fmd out the bid price by calling Meltzer & Associates, p.e. at 215-545-3339. 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 the property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To fmd out if this has happened, you may call Meltzer & Associates, P.C. at 215-545-3339. 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 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 approximately 30 days after the date of the Sheriff's 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 10 days. 7 . You may also have other rights and defenses, or ways of getting your house 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. Cwnberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (800) 990-9108 (717)249-3166 2 . . 05/31/06 12:32 FAX 215 5450666 MELTZERLAW, P.C. 14102 PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN one-half Interest In a condominium dwelling unit situate at 4520 Linden Avenue Condominium, Lower Allen Township. Cumberland County, Pennsylvania. BEING designated and known as Unit No. 4520 in the Declaration of Condominium and Declaration Plans of said Condominium as recorded in the Office of the RecOrd~r of Deeds In and for Cumberland County, Pennsylvania, In Miscellaneous Book 337, Page 391, as required and in accordance with the provisions of the Pennsylvania Condominium Act of July 2. 1980 (68 P.S. 3101 at seQ.). TOGETHER with all right, title and interest in and to the Common Elements as more fully set forth in the aforesaid Declaration of Condominium and Declaral:lon Plans, as amended from time to time. UNDER AND SUBJECT, nevertheless to all agreements, conditions, easements and restrictions of prior record and to the provisions, easements, covenants and restrictions as conlained in the Declaration of Condominium and Declaration Plans. Parcel Number 13.24-0795-146.U4520 WRIT OF EXECUTION and/or ATTACHMENT . . COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 06-1152 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR EQUITY ONE, INC. Plaintiff (s) From THOMAS & MANDY IVEY, 102 JUNIPER DR., MECHANICSBURG P A 170555 (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 4520 LINDEN AVE., MECHANICSBURG PA 17055 (SEE LEGAL DESCRIPTION) . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $111,699.13 Interest Atty's Corom % Atty Paid $168.12 Plaintiff Paid Date: MAY 31, 2006 1.1. $.50 Due Prothy $1.00 Other Costs ~ (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name SIDLPA PATEL, ESQ. Address: 1600 LOCUST ST., STE 200 PHILADELPHIA P A 19103 Attorney for: PLAINTIFF Telephone: (215) 545-3339 Supreme Court ID No. 83430 f!!!.!J @) c::::::;, ~ l!S G!t Real Estate Sale # 60 On June 02, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 4520 Linden Ave., Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 02, 2006 By: ~'Dcl.M~ Real Es~ Sergeant btt :l diE k~H qOOZ Vd 'AHH\OJ CMt 'ldj8~~nJ J.:lnBHS 3Hl .:10 3~1.:I.:IO . . .1 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of July and the 2nd day(s) of August 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#60 ........,.... ...... ,.till .. .... _~JJl,..Lrij"n~,___, ' ' _ .1J~~=-~fOr ,. .,. ."... ..,.,. 'It.'ml1l.....;...,.., AIIJ:'... ...... 1IIitct"'PQR ,:i. ... .... .i.dis ~ ,is ~--"" AU.....~ '...... ..... ill a , ,. ... , ' 41ii1!1!1i1i---...m.o..... .......r... .." .. J.,.4Mw",~ ~. 0.." ....~ ,BCiItC ..........u..,.lJlIit No.4S20 iB.1IIe DIidlaIiIII of, ('~ ...,;. . ai.d IlecIInIiue ... of IIid ('.....~..:.:...n iii 1IClIIded'. * ~..,.. .....,DIaIs. IIId fllr ~ ".~".......... . '4iu,- 1",,"317. "'391. aRl{llilld IIIlI m IIll'illilIIIf: _ Ibe......' << ,lbe 'WwJ.... ('- i " Act of July 2, 19lKl (68 1.s. ~OL. '1Ilf). UIder. ....... lie. ~1IU1 liIol,,", 'P T'\ ~ ........... ,........ tII Ibe ....ilIi.."......... 'llOlIlIIIIIJ ' .. ~a ......'.lbe ....... of c.,' ',': ,.'...RJi. ,Ii ,..... 'MIIl:1ll.;)fO. S.~1~ CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA SSe 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. SWORN TO AND SUBSCRIBED before me this 4 day of August. 2006 I NOTARIAL SEAL I. LOIS E. SNYDER. Notary Public I ; Carlisle Boro, Cumberland County { My Commission Expires March 5. 2009,. : It...."..._. ~ - -., REAL ESTATE SALB NO. 80 Writ No. 2006-1152 Civil Mortgage Electronic Registration Systems, Inc. as nominee for Equity One. Inc. vs. Thomas Ivey and Mandy Ivey Atty.: Shllpa Patel PROPERTY DESCRIPTION The land referred to in this Com- mitment is described as follows: ALL THAT CERTAIN one-half In- terest in a condominium dwelling unit situate at 4520 Linden Avenue Condominium. Lower Allen Town- ship, Cumberland County. Pennsyl- vania. BEING designated and known as Unit No. 4520 in the Declaration of Condominium and Declaration Plans of said Condominium as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Miscella- neous Book 337, Page 391, as re- quired and in accordance with the provisions of the Pennsylvania Con- dominium Act of July 2, 1980 (68 P.S. 3101 et seq.). TOGETHER with all right, title and interest in and to the Common Elements as more fully set forth in the aforesaid Declaration of Condo- minium and Declaration Plans, as amended from time to time. UNDER AND SUBJECT, never- theless to all agreements, condi- tions, easements and restIictions of prior record and to the provisions, easements. covenants and restIic- tions as contained in the Declara- tion of Condominium and Declara- tion Plans. Parcel Number 13-24-0795-146- U4520.