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HomeMy WebLinkAbout06-5378PHELAN 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 138606 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 V. RICHARD G. MOYER 211 2ND STREET SUMMERDALE, PA 17093 Plaintiff Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 01 -. CUMBERLAND COUNTY (z1"Z7-E7/" CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 138606 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 138606 Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 2. The name(s) and last known address(es) of the Defendant(s) are: RICHARD G. MOYER 211 2ND STREET SUMMERDALE, PA 17093 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 10/24/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ARGENT MORTGAGE COMPANY, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1843, Page: 3603. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2006 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 #: 138606 6. The following amounts are due on the mortgage: Principal Balance $62,536.61 Interest 3,187.52 02/01/2006 through 09/12/2006 (Per Diem $14.23) Attorney's Fees 1,250.00 Cumulative Late Charges 0.00 10/24/2003 to 09/12/2006 Cost of Suit and Title Search 550.00 Subtotal $ 67,524.13 Escrow Credit 0.00 Deficit 776.87 Subtotal 776.87 TOTAL $ 68,301.00 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $68,301.00, together with interest from 09/12/2006 at the rate of $14.23 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 LLINAN CHMIEG, LLP By: //Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 138606 LEGAL DESCRIPTION ALL THAT CERTAIN piece, parcel or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western side of Second Street (56 foot right-of-way) at the northeast corner of land now or formerly of Elwood P. and Helen M. Sheaffer; thence along Second Street, North 19 degrees 00 minutes 00 seconds West, a distance of 101.00 feet to a point on the southern side of Wayne Avenue (56 foot right-of-way); thence along Wayne Avenue, South 71 degrees 00 minutes 00 seconds West, a distance of 72.32 feet to a point at the northeast corner of Lot 1 on the hereinafter referenced plan; thence along Lot 1, South 19 degrees 00 minutes 00 seconds East, a distance of 101.00 feet to lands now or formerly of Sheaffer; thence along lands now or formerly of Sheaffer, North 71 degrees 00 minutes 00 seconds East, a distance of 72.32 feet to a point, the point and place of BEGINNING. CONTAINING 7,304.32 square feet known and numbered as 211 Second Street, Summerdale. BEING Lot 2 as shown on the Preliminary-Final Subdivision Plan for R.M.R. Associates prepared by Hartman & Associates, Inc., and recorded in the Cumberland County Recorder of Deeds Office in Plan Book 62, Page 48. UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions, and rights-of-way set forth in prior instruments of record. File #: 138606 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. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. -? f )g -, FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: I i U (?? vi ' -?i w d ? ? ? -? ? . ? ? ?.-= ? ? ?-- ?' ;,, ,. .: ?- _?? --? APHELAN 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 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5378 RICHARD G. MOYER 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 RICHARD G. MOYER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 9/13/06 to 10/25/06 TOTAL $68,301.00 $611.89 $68,912.89 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. kan?? Li DANIEL G. SCHMIEG, ESQUIR? Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO ROTHX- -4PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, : COURT OF COMMON PLEAS AS TRUSTEE Plaintiff : CIVIL DIVISION Vs. RICHARD G. MOYER Defendants TO: RICHARD G. MOYER 211 SECOND STREET SUMMERDALE, PA 17093 DATE OF NOTICE: OCTOBER 12, 2006 CUMBERLAND COUNTY NO. 06-5378-CIVIL TERM FILE COPY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 r S !V F NCIS 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 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE 4828 LOOP CENTRAL DRIVE V. Plaintiff, RICHARD G. MOYER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5378 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 RICHARD G. MOYER is over 18 years of age and resides at, 211 2ND STREET, SUMMERDALE, PA 17093. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ka,,?Ijj U AO 1`M 1. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff V r- rT.a film 'TI Cn s - Y ? L (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE 4828 LOOP CENTRAL DRIVE Plaintiff, V. RICHARD G. MOYER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5378 Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE 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 INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE Plaintiff, V. No. 06-5378 RICHARD G. MOYER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 10/25/06 to 3/7/07 (per diem -$11.33) $68,912.89 $1,506.89 and Costs TOTAL $70,419.78 DANIEL G. SCHMIEG, ESQUIRE (? One Penn Center at Suburban Station v 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. d Oz ? H a? ?H 4 5 d °z 00 z ^ V pQ A C4 U? ?U W H ? H DW ?v G, U-) co -? ~ I . J t? f7D ? a Uy a+ z O U^ yC ? W 02 o o it w? V a /^'V ?V( Y y w 1 40 O cl I:d w a. 0 <C M O t`a W d a W z N d rA i 1-4 C41 ? -t Tol C-Y- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5378 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, Plaintiff (s) From RICHARD G. MOYER (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 $68,912.89 L.L. $.50 Interest FROM 10/25/06 TO 3/7/07 (PER DIEM - $11.33) -- $1,506.89 AND COSTS Atty's Comm % Atty Paid $124.08 Due Prothy $1.00 Other Costs Plaintiff Paid Date: NOVEMBER 3, 2006 (Seal) C is R. Lon r thono ry By: 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 Deputy Telephone: 215-563-7000 Supreme Court ID No. 62205 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 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE . Plaintiff, V. RICHARD G. MOYER Defendant(s). . ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5378 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. AL61ad LCL??'( DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff T. ? -?? ; t -, ?? -:- ?., _- wl --r _ - ?_ ;_ '{_ _ 1. ?' c=? ?a _t °µ j c,? ? ?__ : DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION RICHARD G. MOYER NO. 06-5378 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, 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 211 2ND STREET, SUMMERDALE, PA 17093. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RICHARD G. MOYER 211 2ND STREET SUMMERDALE, PA 17093 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) SMOKER, SMITH & ASSOCIATES, PC EAST PENNSBORO TOWNSHIP 339 W. GOVERNOR RD. HERSHEY, PA 17033 98 S. ENOLA DRIVE ENOLA, PA 17025-2796 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) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 211 2ND STREET SUMMERDALE, PA 17093 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 25, 2006 Zl/Y d LiN DATE DANIEL G. SCHMIEG, ESAttorney for Plaintiff Li C? CID ?? ?t7A DEUTSCHE BANK NATIONAL CUMBERLAND COUNTY TRUST COMPANY, AS TRUSTEE . Plaintiff, No. 06-5378 V. RICHARD G. MOYER Defendant(s). October 25, 2006 TO: RICHARD G. MOYER 211 2ND STREET SUMMERDALE, PA 17093 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 211 2ND STREET, SUMMERDALE, PA 17093, is scheduled to be sold at the Sheriffs Sale on MARCH 7, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $68,912.89 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE (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 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 Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece, parcel or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western side of Second Street (56 foot right-of-way) at the northeast corner of land now or formerly of Elwood P. and Helen M. Sheaffer; thence along Second Street, North 19 degrees 00 minutes 00 seconds West, a distance of 101.00 feet to a point on the southern side of Wayne Avenue (56 foot right-of-way); thence along Wayne Avenue, South 71 degrees 00 minutes 00 seconds West, a distance of 72.32 feet to a point at the northeast corner of Lot 1 on the hereinafter referenced plan; thence along Lot 1, South 19 degrees 00 minutes 00 seconds East, a distance of 101.00 feet to lands now or formerly of Sheaffer; thence along lands now or formerly of Sheaffer, North 71 degrees 00 minutes 00 seconds East, a distance of 72.32 feet to a point, the point and place of BEGINNING. CONTAINING 7,304.32 square feet known and numbered as 211 Second Street, Summerdale. BEING Lot 2 as shown on the Preliminary-Final Subdivision Plan for R.M.R. Associates prepared by Hartman & Associates, Inc., and recorded in the Cumberland County Recorder of Deeds Office in Plan Book 62, Page 48. UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions, and rights-of-way set forth in prior instruments of record. BEING PART OF THE SAME PREMISES which Frank A. Conte and Donna E. Conte by Deed dated November 30, 1988, and recorded December 2, 1988, in the Cumberland County Recorder of Deeds Office in Deed Book R, Volume 33, Page 914, granted and conveyed unto Howard R. Reed, Richard G. Moyer and Samuel L. Reed, Jr., t/d/b/a RMR Associates, the Grantors herein. PARCEL IDENTIFICATION NO: 09-12-2995-078 PREMISES BEING: 211 2ND STREET, SUMMERDALE, PA 17093 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Richard G. Moyer, by Deed from Howard R. Reed and Richard G. Moyer and Samuel L. Reed, Jr., t/d/b/a, RMR Associates, dated 10/13/2003, recorded 11/04/2003, in Deed Book 260, page 959. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Howard R. Reed and Richard G. Moyer and Samuel R. Reed, Jr., t/d/b/a, RMR Associates, by Deed from Frank A. Conte and Donna E. Conte, his wife, dated 11/30/1988, recorded 12/02/1988, in Deed Book R-33, page 914. c. Q . F1 ; SHERIFF'S RETURN - REGULAR CASE NO: 2006-05378 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS MOYER RICHARD G SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE MOYER RICHARD G DEFENDANT the at 1755:00 HOURS, on the 21st day of September, 2006 at 211 SECOND STREET SUMMERDALE, PA 17093 RICHARD MOYER was served upon by handing to 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 rv1o41a4 Sworn and Subscibed to before me this So Answers: 18.00 14 . 0 8 .00 10.00 R. Thomas Kline .00 42.08. 09/22/2006 PHELAN HALLINAN SCHMIEG By: day Deputy She ff 0 f A. D. AFFIDAVIT OF SERVICE P*INTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE DEFENDANT(S) RICHARD G. MOYER SERVE: RICHARD G. MOYER 211 2ND STREET SUMMERDALE, PA 17093 CUMBERLAND COUNTY LLD No. 06-5378 T # `? 9 ? o ACCT. #18546424 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 7, 2007 n SERVED Served and made known to 9 ? C "P ? G . M o y t i' , Defendant, on the z d day of , Jot/ e nib e ^ d S f , 200 at sf 2- , o'clock f.m., at 21( 2m Commonwealth of Pennsylvania, in the manner described below: personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Des ?CA&j,-ci tion: Age'Ir-S-'S- Height G I Z t ? Weight (76 Race W Sex ?t Other I, ?6 er4- a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Swor to and subscr' d befo me this day , of? . _ 32000 ? D ' No By: f PLEASE- ATTf4MPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. State o Mew Jersey PATRICIA E. HARRIS NOT SERVED Commission Expires June 16, 2008 On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 0 Attempt: Time: 2°d Attempt: Time: 3rd Attempt: 1 ! Time: Sworn to and subscribed before me this day of , 200 Notary: Attorney for Plaintiff Daniel G. Schmieg, Esquire I.D. No. 62205 By: PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company, as Trustee vs. Richard G. Moyer Plaintiff Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County : No. 06-5378 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: l . Plaintiff commenced this foreclosure action by filing a Complaint on September 14, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on October 26, 2006 in the amount of $68,912.89. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 7, 2007. 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. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $62,536.61 Interest Through 3/07/07 5,749.30 Per Diem $14.05 Late Charges 400.40 Legal fees 1,250.00 Cost of Suit and Title 1,232.00 Sheriffs Sale Costs 0.00 Property Inspections 61.00 Appraisal/BPO 187.00 M IP/PM I 0.00 NSF 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 5,502.65 TOTAL $76,918.96 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. `-)Klan Hallinan & Schmieg, LLP Date: B Michele M. Bra ford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company, as Trustee Plaintiff vs. Richard G. Moyer Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County : No. 06-5378 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendant executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 211 2nd Street, Summerdale, PA 17093. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. 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 Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff's sale. Nationsbanc Mortgage Coqp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. IV. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. V. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1 120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. 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 teens of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. lan Hallinan i% - chmieg, LLP J DATE: 1 By? 01 ?11)- ichele M. r ord, Esquire Attorney for Plaintiff 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) 138606 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 V. RICHARD G. MOYER 211 2ND STREET SUMMERDALE, PA 17093 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 01- CUMBERLAND COUNTY Defendant ; CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE mr NOTICE - •- .,f? ? ,T -' You have been sued in court. If you wish to defend against the claims set forth in tl 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 yor-wdef&s or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a.judgment may be entered against you'by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. hereby Lawyer Referral Service •f"? " Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 ` 4C y ?A Re Tr` copy File #; 139606 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 (215 563-7004 138606 DEUTSCHE BAND NATIONAL TRUST COMPANY, AS TRUSTEE 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 Plaintiff V. RICHARD G. MOYER 211 2ND STREET SUMMERDALE, PA 17093 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 138606 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU. HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 138606 I . Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 The name(s) and last known address(es) of the Defendant(s) are: RICE-IARD G. MOYER 211 2ND STREET SUMMERDALE, PA 17093 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 10/24/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ARGENT MORTGAGE COMPANY, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1843, Page. 3603. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2006 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 4; 138606 6. The following amounts are due on the mortgage: Principal Balance $62,536.61 Interest 3,187.52 02/01/2006 through 091112/2006 (Per Diem $14.23) Attorney's Fees 1,250.00 Cumulative Late Charges 0.00 10/24/2003 to 09/12/2006 Cost of Suit and Title Search 550.00 Subtotal $ 67,524.13 Escrow Credit 0.00 Deficit 776.87 Subtotal 776.87 TOTAL $ 68,301.00 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $68,301.00, together with interest from 09/12/2006 at the rate of $14.23 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN LLINAN CHMIEG, LI,P By. ! Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #- 138606 LEGAL DESCRIPTION ALL THAT CERTAIN piece, parcel or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western side of Second Street (56 foot right-of-way) at the northeast corner of land now or formerly of Elwood P. and Helen M. Sheaffer; thence along Second Street, North 19 degrees 00 minutes 00 seconds West, a distance of 101.00 feet to a point on the southern side of Wayne Avenue (56 foot right-of-way); thence along Wayne Avenue, South 71 degrees 00 minutes 00 seconds West, a distance of 72.32 feet to a point at the northeast corner of Lot 1 on the hereinafter referenced plan; thence along Lot 1, South 19 degrees 00 minutes 00 seconds East, a distance of 101.00 feet to lands now or formerly of Sheaffer; thence along lands now or formerly of Sheaffer, North 71 degrees 00 minutes 00 seconds East, a distance of 72.32 feet to a point, the point and place of BEGINNING. CONTATNTNG 7,304.32 square feet known and numbered as 211 Second Street, Summerdale. BEING Lot 2 as shown on the Preliminary-Final Subdivision Plan for R.M.R. Associates prepared by Hartman & Associates, Inc., and recorded in the Cumberland County Recorder of Deeds Office in Plan Book 62, Page 4$. UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions, and rights-of-way set forth in prior instruments of record. File #; 138606 E xhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By. DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE CUMBERLAND COUNTY 4828 LOOT' CENTRAL DRIVE COURT OF COMMON PLEAS HOUSTON, TX 77081-2226 : CIVIL DIVISION Plaintiff, V. NO. 06-5378 RICHARD C. MOVER {{ Y 13 f ..9? f Defendants). . PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO' c7 ^? ANSWER AND ASSESSMENT OF DAMAGES -n C,:-, C-D TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against RICHA ~ t Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from ?ic 4 ere and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages folgws: As set forth in Complaint $68,301.00 Interest from 9/13/06 to 10/25/06 $611.89 TOTAL $68,912.89 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. ATTORN'E'Y + i !-ILE COPY DANIEL C. SCHMIEG, ESQU ??'??tTl?Ft Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATE DATE: f r PR PROT ?P VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. helan Hallinan Sc mieg, LLP DATE: Byi ' i el M. adf rd, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company, as Trustee vs. Richard G. Moyer Plaintiff Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County No. 06-5378 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof were sent to the following individual on the date indicated below. Richard G. Moyer 211 2nd Street Summerdale, PA 17093 DATE: Richard G. Moyer P.O. Box 265 Summerdale, PA 17093 h an Hallinan & Sc mleg, LLP / kj' ? y Michele Ni. Bradford, Esquire Attorney for Plaintiff r-.a ? (?.l ? ?? t- 1 i i _? V i ` _ 7_1 ??. ? ? ,..w it • Y 3? ? tom. .-? ?? ""? JAN 0 S 2007 l? If^ 1' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee Plaintiff vs. Richard G. Moyer Defendant : Court of Common Pleas : Civil Division : Cumberland County : No. 06-5378 RULE AND NOW, this ?D day of 2007, a Rule is entered upon the ell Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. w•r w, ' I , ,1 4j 1 j ' S 42)dx--f Rule Returnable day of 11 - Gottrtty GOUAheuse, ' Pennsylvania. r BY THE COURT, Y, 3'Jt 1 MNt d 81 = I Wd 0 t Nvr LUR AUVIQ,, U?.tC,dd 3A JCS PHELAN HALLINAN & SCHMIEG, LLP hv: Michele M Bradford Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Deutsche Bank National Trust Company, as Trustee Plaintiff VS. Richard G. Moyer Defendant Court of Common Pleas : Civil Division : Cumberland County No. 06-5378 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the January 10, 2007 Rule directing the defendant to show by January 26, 2007 was sent to the following individuals on the date indicated below. Richard G. Moyer 211 2nd Street Summerdale, PA 17093 DATE: to) o-7 Ph" Hallinan & Schmie ,?L By: ache a M. Bradford, Attorney for Plaintiff ? r-> O t L W T` { ` -? cn ?. i PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Deutsche Bank National Trust Company, as Trustee : Court of Common Pleas Plaintiff : Civil Division VS. Richard G. Moyer Defendant : Cumberland County : No. 06-5378 Deutsche Bank National Trust Company, as Trustee 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 Motion to Reassess Damages was filed with the Court on January 3, 2007. 3. A Rule was entered by the Court on or about January 10, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on January 16, 2007, in accordance with the applicable rules of civil procedure. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 26, 2007. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP Date M. B a , Esquire (#A ttorn ey for the Plaintif PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Deutsche Bank National Trust Company, as Trustee : Court of Common Pleas Plaintiff : Civil Division vs. : Cumberland County Richard G. Moyer No. 06-5378 Defendant BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ARSO ITTE A Motion to Reassess Damages was filed with the Court on January 3, 2007. A Rule was entered by the Court on or about January 10, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on January 16, 2007 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 26, 2007. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP 1 )r? q / D--? - Dat ichel M. Brad , Esquire Attorney for the Plaintiff Exhibit "A" JAN 0 8 2oojyjV' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee Plaintiff VS. Richard G. Moyer Defendant : Court of Common Pleas : Civil Division Cumberland County : No. 06-5378 RULE AND NOW, this 16A day of ? (vd 2007, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. ov rnQ`',Y OF +Wls O R w 1lni? 16 A'0-q-S , Rule Returnable b? f',RS? class mail ?o l?noWa adder 'a. en Qnl? 0.? ?? 5 SOS Exhibit "B" PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 L215) 563-7000 Deutsche Bank National Trust Company, as Trustee Court of Common Pleas Plaintiff : Civil Division al VS. ?V ?Cumberland CoUIR- Richard G. Moyer No. 06-5378 r-- -"M Defendant _% as 00 -v '--rn t CERTIFICATION OF SERVICE M I hereby certify that a true and correct copy of the January 10, 2007 Rule directing the defendant to show by January 26, 2007 was sent to the following individuals on -the date indicated below. Richard G. Moyer 211 2nd Street Summerdale, PA 17093 DATE: h(Q)01 _ Joey Phe Hallinan & Schmie , L By: ache a M. Bradford, Attorney for Plaintiff 4 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 C )I I Dat §4904 relating to the unsworn falsification of authorities. 4 chele M. rad , Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Deutsche Bank National Trust Company, as Trustee : Court of Common Pleas Plaintiff : Civil Division vs. : Cumberland County Richard G. Moyer No. 06-5378 Defendant 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: Richard G. Moyer 211 2nd Street Summerdale, PA 17093 Date: /01 i ele radfor , squire Attorney for Plaintiff (? te r- ,31 Y h SALE DATE: MARCH 7, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE No.: 06-5378 VS. RICHARD G. MOYER AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 211 2ND STREET, SUMMERDALE, PA 17093. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. pk4 ????q DANIEL SCHMIEG, ESQUIRE Attorney for Plaintiff January 25, 2007 r" z V? P w N p ?O 00 -1 0% LA A w T " .+ n z 3 c? o '01, z '? CIO z z 3 s ? O w w H rn C O i p, R ? 8Ag O N ? ? C I rs I w k En y m ? V ? r C. ?? Iy4 . ? '' ? ?? piNEY sOYlES • $ 02 IM d1.9 r. 0004218010 NOV O1 2006 MAILED FROM ZIPCODE 19103 p pO dam a. a ' g z a o w ? W H Fo' r l? S ? ?"' ? a `sl a F ?.-- ? '? ?. C dl ?1?? ? ,i. r` l - _ - '?'? - ° 1 ? R , ._ ?? ? '?;? `t'? -^? ? FEeol2omM/ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee Court of Common Pleas Plaintiff Civil Division vs. Richard G. Moyer Defendant judgment in this case as follows: Cumberland County : No. 06-5378 AND NOW, this-2-71day of re L . -, 2007 the Prothonotary is ORDERED to amend the TOTAL $76,918.96 Plus interest from 3/07/07 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT Principal Balance $62,536.61 Interest Through 3/07/07 5,749.30 Per Diem $14.05 Late Charges 400.40 Legal fees 1,250.00 Cost of Suit and Title 1,232.00 Sheriffs Sale Costs 0.00 Property Inspections 61.00 Appraisal/BPO 187.00 MIP/PMI 0.00 NSF 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 5,50965 138606 Q') «.! N C? n C? "f Deutsche Bank National Trust Company In the Court of Common Pleas of As Trustee Cumberland County, Pennsylvania VS Writ No. 2006-5378 Civil Term Richard G. Moyer Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 05, 2007 at 1929 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Richard G. Moyer, by making known unto Angela Moyer, adult in charge for Richard G. Moyer, at 211 2nd Street, Summerdale, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 19, 2007 at 1117 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Richard G. Moyer located at 211 2nd Street, Summerdale, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Richard G. Moyer, by regular mail to his last known address of 211 2nd Street, Summerdale, PA 17093. This letter was mailed under the date of January 12, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg Sheriff s Costs: Docketing 30.00 Poundage 23.99 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 28.16 Certified Mail 1.40 Levy 15.00 Surcharge 20.00 Law Journal 533.00 Patriot News 483.65 Postpone Sale 40.00 Share of Bills 16.83 $1,223.53 ? 7?i4/e7 R. Thomas Kline, Sheriff BYJQC?J&9?? Real Estate ergeant Gp ? 93.3 ? l ?.• /9s 3G S DEUTSCHE IIANK NATIONAL TRUST COMPANY, AS TRUSTEE . Plaintiff, V. RICHARD G. MOYER Defendant(s). . CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5378 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, 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 la l 2ND STREET, SUMMERDALE, PA 17093. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RICHARD G. MOYER 211 2ND STREET SUMMERDALE, PA 17093 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) SMOKER, SMITH & ASSOCIATES, PC EAST PENNSBORO TOWNSHIP 339 W. GOVERNOR RD. HERSHEY, PA 17033 98 S. ENOLA DRIVE ENOLA, PA 17025-2796 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) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 211 2ND STREET SUMMERDALE, PA 17093 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. October 25, 2006 DATE DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff DEUTSCHE BANK NATIONAL CUMBERLAND COUNTY TRUST COMPANY, AS TRUSTEE Plaintiff, No. 06-5378 V. RICHARD G. MOYER Defendant(s). October 25, 2006 TO: RICHARD G. MOYER 211 2ND STREET SUMMERDALE, PA 17093 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. * * Your house (real estate) at, 211 2ND STREET, SUMMERDALE, PA 17093,. is scheduled to be sold at the Sheriffs Sale on MARCH 7, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $68,912.89 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece, parcel or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western side of Second Street (56 foot right-of-way) at the northeast corner of land now or formerly of Elwood P. and Helen M. Sheaffer; thence along Second Street, North 19 degrees 00 minutes 00 seconds West, a distance of 101.00 feet to a point on the southern side of Wayne Avenue (56 foot right-of-way); thence along Wayne Avenue, South 71 degrees 00 minutes 00 seconds West, a distance of 72.32 feet to a point at the northeast corner of Lot 1 on the hereinafter referenced plan; thence along Lot 1, South 19 degrees 00 minutes 00 seconds East, a distance of 101.00 feet to lands now or formerly of Sheaffer; thence along lands now or formerly of Sheaffer, North 71 degrees 00 minutes 00 seconds East, a distance of 72.32 feet to a point, the point and place of BEGINNING. CONTAINING 7,304.32 square feet known and numbered as 211 Second Street, Summerdale. BEING Lot 2 as shown on the Preliminary-Final Subdivision Plan for R.M.R. Associates prepared by Hartman & Associates, Inc., and recorded in the Cumberland County Recorder of Deeds Office in Plan Book 62, Page 48. UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions, and rights-of-way set forth in prior instruments of record. BEING PART OF THE SAME PREMISES which Frank A. Conte and Donna E. Conte by Deed dated November 30, 1988, and recorded December 2, 1988, in the Cumberland County Recorder of Deeds Office in Deed Book R, Volume 33, Page 914, granted and conveyed unto Howard R. Reed, Richard G. Moyer and Samuel L. Reed, Jr., t/d/b/a RMR Associates, the Grantors herein. PARCEL IDENTIFICATION NO: 09-12-2995-078 PREMISES BEING: 211 2ND STREET, SUMMERDALE, PA 17093 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Richard G. Moyer, by Deed from Howard R. Reed and Richard G. Moyer and Samuel L. Reed, Jr., t/d/b/a, RMR Associates, dated 10/13/2003, recorded 11/04/2003, in Deed Book 260, page 959. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Howard R. Reed and Richard G. Moyer and Samuel R. Reed, Jr., t/d/b/a, RMR Associates, by Deed from Frank A. Conte and Donna E. Conte, his wife, dated 11/30/1988, recorded 12/02/1988, in Deed Book R-33, page 914. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-5378 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, Plaintiff (s) From RICHARD G. MOYER (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 $68,912.89 L.L. $.50 Interest FROM 10/25/06 TO 3/7/07 (PER DIEM - $11.33) -- $1,506.89 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $124.08 Other Costs Plaintiff Paid Date: NOVEMBER 3, 2006 Curt' R. Long, P nota (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 39 On November 07, 2006 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 211 2nd Street, Summerdale, more fully described on Exhibit "A" C filed with this writ and by this reference incorporated herein. Date: November 06, 2006 By: Real Estate Sergeant h S -.8 V L- z1fl0 9001 41 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 24th and 31st day(s) of January and the 7th day(s) of February 2007. 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#39 Sworn to and su 9scr' d ore me this 09_'_MKt city MY, Memher NOTARY Notarial Seai L. Russell, Notary Public aan isburg, Dauphin County AiaSbn Exmres June 6, 2010 navl Ag^ I;o fin- of Notaries CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ALL Mff CERTAIN p i6, paW or VW of Iena she m East Pbuaebbm Towsahip, Cumbehesd County, Conmoroweam of Pe®sylrama, bounded aad deaedbed as foBotva to wit: BEGINNING at a point on the western side of Second Street (56 foot right-of-way) at die northeast comer of lend now of for WAY of Elwood P. and Hdm M: S m ft &me along Second Strut, mom 19 deices 00 minutes 00 seconds west, a diaance of 101A0 feel to a point on the southern side of WxW Avenue (56 foot right-o( -way); thence aloud Wsyue Avow, south 71 degrees 00 minutes 00 seconds west, a distance of 72.32 feet to Voint at the nort#east corner of LA I cc the *eb? m* euced pima dcnce along Loot 1. SctttL 19 degrees 06 mimes 00 seconds eat kdi"m of 101.00 W to Lads noev of kma[fO SL *gm, &mm along bards now or £tautedy of ShtaB'er, north 71 depes 00 : OU seceuds ese1, a domm uf' 72321eet W4 POW, the point ad p4aitod. CO d! M 7,31432 doe fm Want aid anabwd as 211 SnodeiF 3 0 , I, 9N@WLa2as*oft ouire ? SYiiAmm ' ' ft 1w Rld:R. Ada cum prepared by Hmbumn A Aimxift%, Inc., ad recorded in the CAWWi-d Cotawy Recorder of Deeds Office u P-4 Iko* 62, papa 48. UNDER AND VOM P S$,` to easemem, to We6ons,,soldh0*4--way so forth is polar mapYa?al l d reload. BEING PART OF SAW PREMIM which Fzmmk A. Cook wo Dom E. Coupe by Deed d*d Ako nber X 1986, and mcatdod December 2, I9g8, in the Cumberlmd County Recorder of Deeds Office m Deed Book R, Vole 33, pq®e 914, graMed and conveyed unto Homial R. Raied, Richard G. Mayer ad , Samnd L. treed In, *t6 RMRAmmar m, the PARCEL W # WI2-2995-078 P$ B0IG: 211 2ND 311tEE'f, SUlfittODALA- PA 17093. 1Tf1E 10 SAM RU%(5E4 IS VESTED IN Ridla t. Mayer, by Dowd fmm Howard R. _Reet.$0-, ud G. Moyer and Samuel L Reed k AV* d'aed WY I 1 1 . ita DiedBo* YA ,PRR1?dM4?gON TfnE TO SAW PAS IS VWM IN b7 Dnd fitata Dm? E. t tar PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 26, February 2 and February 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Cowfe, Editor SWORN TO AND SUBSCRIBED before me this 9 day of February, 2007 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 39 Writ No. 2006-5378 Civil Deutsche Bank National Trust Company, as Trustee VS. Richard G. Moyer Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece, par- cel or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsyl- vania, bounded and described as follows, to wit: BEGINNING at a point on the western side of Second Street (56 foot right-of-way) at the northeast corner of land now or formerly of Elwood P. and Helen M. Sheaffer; thence along Second Street, North 19 degrees 00 minutes 00 seconds West, a distance of 101.00 feet to a point on the southern side of Wayne Avenue (56 foot right-of-way); thence along Wayne Avenue, South 71 de- grees 00 minutes 00 seconds West, a distance of 72.32 feet to a point at the northeast comer of Lot 1 on the hereinafter referenced plan; thence along Lot 1, South 19 de- grees 00 minutes 00 seconds East, a distance of 101.00 feet to lands now or formerly of Sheaffer; thence along lands now or formerly of Sheaffer, North 71 degrees 00 min- utes 00 seconds East, a distance of 72.32 feet to a point, the point and place of BEGINNING. CONTAINING 7,304.32 square feet known and numbered as 211 Second Street, Summerdale. BEING Lot 2 as shown on the Preliminary-Final Subdivision Plan for R.M.R. Associates prepared by Hartman & Associates, Inc., and recorded in the Cumberland County Recorder of Deeds Office in Plan Book 62, Page 48. UNDER AND SUBJECT, NEVER- THELESS, to easements, restric- tions, and rights-of-way set forth in prior instruments of record. BEING PART OF THE SAME PREMISES which Frank A. Conte and Donna E. Conte by Deed dated November 30, 1988, and recorded December 2, 1988, in the Cumber- land County Recorder of Deeds Of- fice in Deed Book R, Volume 33, Page 914, granted and conveyed unto Howard R. Reed, Richard G. Moyer and Samuel L. Reed, Jr., t/d/b/a RMR Associates, the Grantors herein. PARCEL IDENTIFICATION NO: 09-12-2995-078. PREMISES BEING: 211 2ND STREET, SUMMERDALE, PA 17093. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Richard G. Moyer, by Deed from Howard R. Reed and Richard G. Moyer and Samuel L. Reed, Jr., t/d/b/a, RMR Associ- ates, dated 10/13/2003, recorded 11/04/2003, in Deed Book 260, page 959. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Howard R. Reed and Richard G. Moyer and Samuel R. Reed, Jr., t/d/b/a, RMR Associ- ates, by Deed from Frank A. Conte - and Donna E. Conte, his wife, dated 11/30/1988, recorded 12/02/ 1986,. in Deed Book R-33. page 914. PRAECIPE FOR WRIT OF EX(800) 990-9108 ECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE Plaintiff, V. RICHARD G. MOYER Defendant(s). No. 06-5378-CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $76,918.96 Interest from 03/07/07 TO 06/11/08 (per diem -$12.64) Add'l Costs TOTAL $5,852.32 and Costs $3,411.50 $86,182.78 22a L DANIEL G. SCHMIEG, ESQUIRE 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 re resentative of the laintiff 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. 138606 C-D l a Co LLJ t? 1 C-i e-6 t4 K M o? o Wa a ? U a?,? z Fw a w a w ?. ?. HH 0 oz 0o U xz ? x H oz ?? x o0 a HA Z ? W A a V O w cd w M 0 d P+ W a d ?a w z N 45 W v b a? CIS N 3 a 110 0 110 00 M .nl ry? " V ,'tn J Y WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5378 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, Plaintiff (s) From RICHARD G. MOYER (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 $76,918.26 L.L. Interest FROM 3/7/07 TO 6/11/08 (PER DIEM - $12.64) - $5,852.32 AND COSTS Atty's Comm % Atty Paid $1,369.11 Plaintiff Paid Date: FEBRUARY 28, 2008 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Due Prothy $2.00 Other Costs ADD'L COSTS - $3,411.50 Curtis ong, Pro ryBy: Deputy Attorney for: PLAINTIFF Telephone: 215-563-70000 Supreme Court ID No. 62205 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: RICHARD GEORGE MOYER f/d/b/a RMR ASSOCIATES Chapter 13 Case No.: 1:07-bk-00653 MDF Debtor(s) ORDER DISMISSING CASE Upon consideration of Trustee's Certificate of Default of Stipulation on Motion to Dismiss Case for Material Default, and it having been determined that this case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. By the Court, (]DK) This document is electronically signed and filed on the same date. Dated: January 17, 2008 MDPA-DISMISSMPT REV 6105 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 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE Plaintiff, V. . RICHARD G. MOYER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5378-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 2LJ > J.Z"- DANIEL G. SCHMIEG, ESQU4AE Attorney for Plaintiff C71, Co ti • DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION RICHARD G. MOYER . NO. 06-5378-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, 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 ,211 2ND STREET, SUMMERDALE, PA 17093. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RICHARD G. MOYER 211 2ND STREET SUMMERDALE, PA 17093 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) Smith Smoker and Associates, P.C. East Pennsboro Township 339 W. Governor Rd., Hershey, PA 17033 98 S. Enola Drive, Enola, PA 17025-2796 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) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 211 2ND STREET SUMMERDALE, PA 17093 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 61h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. February 27, 2008 T"a' J. r- L DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff co - c F z? J DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE Plaintiff, V. RICHARD G. MOYER Defendant(s). CUMBERLAND COUNTY No. 06-5378-CIVIL TERM February 27, 2008 TO: RICHARD G. MOYER 211 2ND STREET SUMMERDALE, PA 17093 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 211 2ND STREET, SUMMERDALE, PA 17093, is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $76,918.96 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 J LEGAL DESCRIPTION ALL THAT CERTAIN piece, parcel or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western side of Second Street (56 foot right-of-way) at the northeast corner of land now or formerly of Elwood P. and Helen M. Sheaffer; thence along Second Street, North 19 degrees 00 minutes 00 seconds West, a distance of 101.00 feet to a point on the southern side of Wayne Avenue (56 foot right-of-way); thence along Wayne Avenue, South 71 degrees 00 minutes 00 seconds West, a distance of 72.32 feet to a point at the northeast corner of Lot 1 on the hereinafter referenced plan; thence along Lot 1, South 19 degrees 00 minutes 00 seconds East, a distance of 101.00 feet to lands now or formerly of Sheaffer; thence along lands now or formerly of Sheaffer, North 71 degrees 00 minutes 00 seconds East, a distance of 72.32 feet to a point, the point and place of BEGINNING. CONTAINING 7,304.32 square feet known and numbered as 211 Second Street, Summerdale. BEING Lot 2 as shown on the Preliminary-Final Subdivision Plan for R.M.R. Associates prepared by Hartman & Associates, Inc., and recorded in the Cumberland County Recorder of Deeds Office in Plan Book 62, Page 48. UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions, and rights-of-way set forth in prior instruments of record. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Richard G. Moyer, by Deed from Howard R. Reed and Richard G. Moyer and Samuel L. Reed, Jr., t/d/b/a, RMR Associates, dated 10/13/2003, recorded 11/04/2003, in Deed Book 260, page 959. PARCEL NUMBER: 09-12-2995-078 PROPERTY ADDRESS: 211 2ND STREET, SUMMERDALE, PA 17093 cs _ f ?.. Y T2 C1 C LEGAL DESCRIPTION ALL THAT CERTAIN piece, parcel or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western side of Second Street (56 foot right-of-way) at the northeast corner of land now or formerly of Elwood P. and Helen M. Sheaffer; thence along Second Street, North 19 degrees 00 minutes 00 seconds West, a distance of 101.00 feet to a point on the southern side of Wayne Avenue (56 foot right-of-way); thence along Wayne Avenue, South 71 degrees 00 minutes 00 seconds West, a distance of 72.32 feet to a point at the northeast corner of Lot 1 on the hereinafter referenced plan; thence along Lot 1, South 19 degrees 00 minutes 00 seconds East, a distance of 101.00 feet to lands now or formerly of Sheaffer; thence along lands now or formerly of Sheaffer, North 71 degrees 00 minutes 00 seconds East, a distance of 72.32 feet to a point, the point and place of BEGINNING. CONTAINING 7,304.32 square feet known and numbered as 211 Second Street, Summerdale. BEING Lot 2 as shown on the Preliminary-Final Subdivision Plan for R.M.R. Associates prepared by Hartman & Associates, Inc., and recorded in the Cumberland County Recorder of Deeds Office in Plan Book 62, Page 48. UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions, and rights-of-way set forth in prior instruments of record. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Richard G. Moyer, by Deed from Howard R. Reed and Richard G. Moyer and Samuel L. Reed, Jr., t/d/b/a, RMR Associates, dated 10/13/2003, recorded 11/04/2003, in Deed Book 260, page 959. PARCEL NUMBER: 09-12-2995-078 PROPERTY ADDRESS: 211 2ND STREET, SUMMERDALE, PA 17093 AFFIDAVIT OF SERVICE PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE DEFENDANT(S) RICHARD G. MOYER SERVE RICHARD G. MOYER AT 211 2ND STREET SUMMERDALE, PA 17093 SERVED CUMBERLAND COUNTY No. 06-5378-CIVIL TERM ACCT. #138606 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 11, 2008 Served and made known to 3?1044-42-D M6 ?4 FP- 0 C , Defendant, on the day of 200E, at 'a'Oa , o'clock .m., at 9-1( ;1A ?1^t` l c ?u (mM F-P pd" Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: tr ? j C VU_ Description: AgeA Height Weight 16,. Race Sex A Other 1, R(?lkt-D 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 above. Sworn to and subscribed before me this 1 7 day of l,,V?fW0- 200. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. THEODORE J. HARRIS NOTARY PUBLIC NOT SERVED STATE OF NEW JERSEY Oli#I',C0111it;3SmEiltP1B 1A.Mtsmu , 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1st Attempt: / J Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200: Notary: Vacant 2°d Attempt: ! / Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 It7 r cn. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE Plaintiff, V. RICHARD G. MOYER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5378-CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DF,ITTSCHE RANK NATIONAL. TRUST COMPANY, AS TRUSTEE, PlaintiffPlaintiff 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,211 2ND STRF.F,T, SUMMFRDALF,, PA 17093 _ 1. 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) Margaret S. Moyer 955 Pennsylvania Avenue Harrisburg, PA 17112 Margaret S. Moyer c/o Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109-4516 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 a authorities. May 2.,900R Q/IL? DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS CUMBERLAND COUNTY TRUSTEE COURT OF COMMON PLEAS Plaintiff V. CIVIL DIVISION RICHARD G. MOYER NO. 06-5378-CIVIL TERM Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 211 2ND STREET SIIMMFRDALF, PA 17093. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL G. SCHMI , ESQUIRE Attorney for Plaintiff Date: May 2, 2008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he sold in h shsence of a r presentative of the plaintiff at the Sheriffs Sal The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 138606 •.t?+??? sue. y 4 - w ??3 0 R? ?p ?-a ? ° d a ? o •o ? b zoo ? ?8 2 3000df2 iVOW 031rM BZ 83d 0 L08 LO000 . To $ WL 7,0 0 A3MM ? NOOdSOO COD N . 'M y O O O A ~ M ° `d Vi W? o H O a ?- -0 G 'r y S ° ? C4 N 3 a O N LT.Q `Si H O ?w g en en W -? al l y % y C4 O cMr, ij zz 79 9 c- Or v3 N ` A ? ffi N C'l 3 ° M a chid a, ? o 0 .. ? $i x .$ C7 U 3v? i a ? °' °° O O ? ou -5 :?# aaiO y U `7 ?? A v U ,tea Aw v? s? a `m E Z m r a p N cat N tp [? oD C+ O N en v1 I s? £??'sL3?''? Wp p84WaZ0 , ;i??5mc ? w a ?w ^ o v, X30 a Goa, ? w D c 7 d daQ? I? w d h d ar •? N 7,10 AJA x 'o v ?j a+ . r 0 ? ?w0 t?/l .%..j? F4 ? W ? C7 I o A-S US C C:> co ! 43 Deutsche Bank National Trust Company, In the Court of Common Pleas of As Trustee Cumberland County, Pennsylvania vs Writ No. 2006-5378 Civil Term Richard G. Moyer Tim Black, Deputy Sheriff, who being duly sworn according to law, states that on April 02, 2008 at I115 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the abve entitled action, upon the within named defendant, to wit: Richard G. Moyer by making known unto Richard G. Moyer personally at 2112 d Street, Summerdale, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy o the same. Tim Black, Deputy Sheriff, who being duly sworn according to law, states that on April 02, 2008 at 1115 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and description, in the above entitled action, upon the property of Richard G. Moyer located at 211 2nd Street, Summerdale, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed) a notice of the pendency of the action to the within named defendant, to wit: Richard G. Moyer by regular mail to his last known address of 2112 d Street, Summerdale, PA 17093. This letter Was mailed under the date of April 17, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff's Costs: Docke ting 30.00 Poun ge 551.46 Advert ising 15.00 Postin g Handbills 15.00 Levy 15.00 Protho notary 2.00 Law Jo urnal 401.00 Patriot! News 383.09 Mileag e 16.00 Share pf Bills 14.73 Surcha rge 20.00 $1,463.28 &P-4P So Answers: R. Thomas Kline, Sheriff BY tr. k Real state S geant s 0z C ? y1, Y 'V l ?. Zoo x'33 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE Plaintiff, F'• RICHAOD G. MOYER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5378-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) DEUT$CHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, 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 211 2ND STREEj T, SUMMERDALE, PA 17093. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RICHARD G. MOYER 211 2ND STREET SUMMERDALE, PA 17093 2. Name and address of Defendant(s) in the judgment: Same asl 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) Smith Smoker and Associates, P.C. 339 W. Governor Rd., Hershey, PA 17033 East Pen?psboro Township 98 S. Enola Drive, Enola, PA 17025-2796 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) None 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Comm nwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Departnent of Public Welfare TPL Casualty Unit Estate Recovery Program 211 2ND STREET SUMMERDALE, PA 17093 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building 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 penaltiespf 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Februaryi27, 2008 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE Plaintiff, V. RICHARD G. MOYER Defendant(s). CUMBERLAND COUNTY No. 06-5378-CIVIL TERM February 27, 2008 TO: RICHARD G. MOYER 211 2ND STREET SUMMERDALE, PA 17093 "*THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAIN D WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKR PTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 211 2ND STREET, SUMMERDALE, PA 17093, is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Iijanover Street, Carlisle, PA 17013, to enforce the court judgment of $76,918.96 obtained by DEJIT5 CHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE (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.) 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the (Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION ALL THAT CERTAIN piece, parcel or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western side of Second Street (56 foot right-of-way) at the northeast corner of land now or formerly of Elwood P. and Helen M. Sheaffer; thence along Second Street, North 19 degrees 00 minutes 00 seconds West, a distance of 101.00 feet to a point on the southern side of Wayne Avenue (56 foot right-of-way); thence along Wayne Avenue, South 71 degrees 00 minutes 00 seconds West, a distance of 72.32 feet to a point at the northeast corner of Lot 1 on the hereinafter referenced plan; thence along Lot 1, South 19 degrees 00 minutes 00 seconds East, a distance of 101.00 feet to lands now or formerly of Sheaffer; thence along lands now or formerly of Sheaffer, North 71 degrees 00 minutes 00 seconds East, a distance of 72.32 feet to a point, the point and place of BEGINNING. CONTAINING 7,304.32 square feet known and numbered as 211 Second Street, Summerdale. BEING Lot 2 as shown on the Preliminary-Final Subdivision Plan for R.M.R. Associates prepared by Hartman & Associates, Inc., and recorded in the Cumberland County Recorder of Deeds Office in Plan Book 62, Page 48. UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions, and rights-of-way set forth in prior instruments of record. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Richard G. Moyer, by Deed from Howard R. Reed and Richard G. Moyer and Samuel L. Reed, Jr., t/d/b/a, RMR Associates, dated 10/13/2003, recorded 11/04/2003, in Deed Book 260, page 959. PARCEL NUMBER: 09-12-2995-078 PROPERTY ADDRESS: 211 2ND STREET, SUMMERDALE, PA 17093 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5378 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, Plaintiff (s) From RICHARD G. MOYER (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 $76,918.26 L.L. Interest FROM 317107 TO 6/11/08 (PER DIEM - $12.64) - $5,852.32 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $1,369.11 Plaintiff Paid Other Costs ADD'L COSTS - $3,411.50 Date: FEBRUARY 28, 2008 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-70000 Curtis X. Long, Pro ry By: Deputy Supreme Court ID No. 62205 Real Estate Sale # 80 On March 13, 2008 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 211 2°d Street, Summerdale, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 13, 2008 By: V? Real Estate Sergeant 8 4 `8 V 9 ` 8dW 8002 bd h i jq 7 c?n7 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : . SS. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: May 2, May 9, and May 16, 2008 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. 6Vsa Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 16 day of May, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28. 2010 REAL E ATE BALE NO. 80 Writ No. 2006-5378 Civil Deutsche Bank National Trust Company, as Trustee vs. Richard G. Moyer Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece, par- cel or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth of Penn- sylvania, bounded and described as follows, to wit: BEGINNING at a point on the western side of Second Street (56 foot right-of-way) at the northeast comer of land now or formerly of Elwood P. and Helen M. Sheaffer; thence along Second Street, North 19 degrees 00 minutes 00 seconds West, a distance of 101.00 feet to a point on the southern side of Wayne Avenue (56 foot right-of-way); thence along Wayne Avenue, South 71 degrees 00 minutes 00 seconds West, a distance of 72.32 feet to a point at the north- east comer of Lot 1 on the hereinafter referenced plan; thence along Lot 1, South 19 degrees 00 minutes 00 sec- onds East, a distance of 101.00 feet to lands now or formerly of Sheaffer; thence along lands now or formerly of Sheaffer, North 71 degrees 00 min- utes 00 seconds East, a distance of 72.32 feet to a point, the point and place of BEGINNING. CONTAINING 7,304.32 square feet known and numbered as 211 Second Street, Summerdale. BEING Lot 2 as shown on the Preliminary-Final Subdivision Plan for R.M.R. Associates prepared by Hartman & Associates, Inc., and recorded in the Cumberland County Recorder of Deeds Office in Plan Book 62, Page 48. UNDER AND SUBJECT, NEVER- THELESS, to easements, restrictions, and rights-of-way set forth in prior instruments of record. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Richard G. Moyer, by Deed from Howard R. Reed and Rich- ard G. Moyer and Samuel L. Reed, Jr., t/d/b/a, RMR Associates, dated 10/13/2003, recorded 11/04/2003, in Deed Book 260, page 959. PARCEL NUMBER: 09-12-2995- 078. PROPERTY ADDRESS: 211 2ND STREET, SUMMERDALE, PA 17093. --The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE t4tPatriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: Sworn to and scribed before me this 27 day of 008 A.D. 0=4?. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chyrle L. Sheppard, Notary Public City Of Hamsburg, Dauphin County My Commission Expires May 29, 2010 04/23/08 04/30/08 05107108 Member, Pennsylvania Association of Notaries Real Estate Sale #80 Writ No. 2006-5378 Civil Term Deutsche Bank National Trust Company, as Trustee VS Richard G. Moyer Attorney: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN piece, parcel or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western side of Second Street (56 foot right-of-way) at the northeast comer of land now or formerly of Elwood P. and Helen M. Sheaffer; thence along Second Street, North 19 degrees 00 minutes 00 seconds West, a distance of 101.00 feet to a point on the southern side of Wayne Avenue (56 foot right-of-way); thence along Wayne Avenue, South 71 degrees 00 minutes 00 seconds West, a distance of 72.32 feet to a point at the northeast comer of Lot 1 on the hereinafter referenced plan; thence along Lot 1, South 19 degrees 00 minutes 00 seconds East, a distance of 101.00 feet to lands now or formerly of Sheaffer, thence along lands now or formerly of Sheaffer, North 71 degrees 00 minutes 00 seconds East, a distance of 72.32 feet to a point, the point and place of BEGINNING. CONTAINING 7,304.32 square feet known and numbered as 211 Second Street, Summerdale. BEING Lot 2 as shown on the Preliminary-Final Subdivision Plan for R.M.R. Associates prepared by Hartman & Associates, Inc., and recorded in the Cumberland County Recorder of Deeds Office in Plan Book 62, Page 48. UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions, and rights-of-way set forth in prior instruments of record. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Richard G. Moyer, by Deed from Howard R. Reed and Richard G. Moyer and Samuel L. Reed, Jr., t/dlb/a, RMR Associates, dated 10/13/ 2003, recorded 1 U04i2003, in Deed Book 260, page 959. PARCEL NUMBER: 09-12-2995-078 PROPERTY ADDRESS: 211 2ND STREET, SUMMERDALE, PA 17093 PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 ATTORNEY FOR PLAINTIFF One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Indymac Bank, F.S.B. Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Richard G. Moyer Defendant(s) No. 06-5378-CIVIL TERM PRAECIPE TO THE PROTHONOTARY: Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. X Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action disconti ed ended without prejudice. Date: Lll? /6 -T 1-T Francis S. 14allinan, Esquire Attorney for Plaintiff PHS# 138606 V' Jok = ?-?