HomeMy WebLinkAbout02-5756FEDERMAN AND PHELAN, LLP
By: FRANK FEDERMAN, ESQ., Id. No. 12248
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
MANUFACTURERS & TRADERS TRUST COMPANY,
ONE M & T PLAZA, BUFFALO, NY 14203-2399,
TRUSTEE FOR SECURITIZATION SERIES 1996-1,
AGREEMENT DATED 2/l/96
P.O. BOX 65250
SALT LAKE CITY, UT 84165-0250
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
Plaintiff ? n
-S^/?? l.. f U t ?-?
V. NO. CDoC1
CUMBERLAND COUNTY
WARREN BARRETT
A/K/A WARREN J. BARRETT
CYNTHIA BARRETT
A/K/A CYNTHIA B. BARRETT
2103 ASPEN DRIVE
MECHANICSBURG, PA 17055
Defendant(s)
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
**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. **
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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
Loan #:2019642533 BJP
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.
Plaintiff is
MANUFACTURERS & TRADERS TRUST COMPANY, ONE M & T
PLAZA, BUFFALO, NY 14203-2399, TRUSTEE FOR SECURITIZATION
SERIES 1996-1, AGREEMENT DATED 2/1/96
P.O. BOX 65250
SALT LAKE CITY, UT 84165-0250
2. The name(s) and last known address(es) of the Defendant(s) are:
WARREN BARRETT
A/K/A WARREN J. BARRETT
CYNTHIA BARRETT
A/K/A CYNTHIA B. BARRETT
2103 ASPEN DRIVE
MECHANICSBURG, PA 17055
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3. On 1/24/96 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to CONTIMORTGAGE CORPORATION which mortgage is
recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book
No. 1302, Page 272. 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.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 3/1/02 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.
6.
The following amounts are due on the mortgage:
Principal Balance $86,273.48
Interest 6,249.94
2/1/02 through 11/1/02
(Per Diem $22.81)
Attorney's Fees 1,000.00
Cumulative Late Charges 1,031.73
1/24/96 to 11/1/02
Cost of Suit and Title Search 550.00
Subtotal $95,105.15
Escrow
Credit 0.00
Deficit 0.00
Subtotal $ 0.00
TOTAL $95,105.15
9.
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.
This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000.00.
The Combined Notice has been sent to the Defendant(s) by regular and certified mail as
required by 35 P.S. § 1680.403c.
10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance
Program, Act 91 of 1983, has terminated because either:
(i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit
Counseling Agency in accordance with Plaintiffs written Notice to Defendants;
or
(ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania
Housing Finance Agency.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of
$95,105.15, together with interest from 11/1/02 at the rate of $22.81 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.
FEDE?PE LP
By: / rancis S allinan
FRANK FEDERMAN, ESQUIRE
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
ALL THAT CERTAIN )louse and lot of ground situate in the Totanshin of.
Upper Allen, County of Cuml,erlanA and State of Pennsylvania, bounded
and described as follows, to Wit.
BEGINNING at a point in the northeasterly line of the public road
leading to U.S. Ro,lte IS, Traffic Rottto 114 (L.R. 416) , which said
point is in the division line between Lots 1105. 144 anti 145 on the
hereinafter mentioned Plan of Lots; THFi7CE along the division line
between Lots Nos. 144 and 145 on said Plan, Plnrth 30 degrees 26 nin
sites Last orte hundred thirty and .fifty-four hundredths (13n.54) feet
to a point in the division line between Lots Nos. 145 and 143 on sai,
Plan; TTIENr7 along the division line between Lots Nos. 145 and 143
and Lots Nos. 145 and 142, South 59 degrees 34 minutes East, ninety
(90) feet ti a Pont in Mho division line between Lots Nos. 145 and
146 on said Plait; THENCE along the division line between Lots Nos,
145 and 146, South 30 degrees 26 minutes Nest, one hundred thirty
and fifty-four hundredths (130.54) feet to a point in the northeast
erly line o° the public road leading to U-S. Route 15, Traffic Route'
214 (L.R. 4:.6), aforementioned; T1IENCE along the northeasterly line
of said road, North S9 degrees 34 minutes Nest, ninety (90) feet to
a point in ':he division line between Lots Nos. 144 and 145, at the
point and ?:lace of BEGINNING.
RE-INC Lot No. 145, Section 2, of ttte Corrected SttbcliCisiorland Cofntf
Spring Run Acres, recorded in Plan Look 19, Page 7•
_ .I
recozds. Z1n3 Aspen Arive.
IIAVIr-C T1MRftC1N r:Rr(7rFn is dwel3ing'house known as No. ,,1t„ntenan and nail A. Punter
tirjMC: Tlir SAMr: PRF.1fISRS wluich fliffortl ]t. Volume 2?, r'a^e
1m3an3,, granted and deed dated Novi ibein9, 1976 aikcl?•recorded in the
g and County
133, ranted and conveyed onto Kenneth Kos an and Thcresa.M, Kosan`
his t•'ifc, grantors herein.
PREMISES BEING: 2103 ASPEN DRIVE.
VERIFICATION
MATT FEENEY hereby states that he is DOCUMENT CONTROL OFFICER of
FAIRBANKS CAPITAL CORPORATION mortgage servicing agent for Plaintiff in this matter, that
he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in
Mortgage Foreclosure 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 unsworn falsification to authorities.
?te&4-?
Matt Feeney
Document Control Officer
DATE: 1 I ??
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SHERIFF'S RETURN - REGULAR
CASE NO: 2002-05756 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MANUFACTURERS & TRADERS TRUST
VS
RARETT WARREN ET AL
T)AWN KELL
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
BARRETT WARREN AKA WARREN J BARRETT the
DEFENDANT at 1925:00 HOURS, on the 13th day of December , 2002
at 209 LINDHAM COURT
a 7ruANTC'SBURG, PA 17055
by handing to
CYNTHIA BARRETT EX-WIFE, SHE WAS BABYSITTING
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 7.59
Affidavit .00
Surcharge 10.00
.00
35.59
Sworn and Subscribed to before
me this 3^ day of
othonotary
So Answers:
R. Thomas Kline
12/17/2002
FEDERMAN & PHELAN
By:
Deputy Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-05756 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MANUFACTURERS & TRADERS TRUST
VS
BARETT WARREN ET AL
CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
BARRETT CYNTHIA AKA CYNTHIA B BARRETT the
DEFENDANT , at 1906:00 HOURS, on the 10th day of December , 2002
at 2103 ASPEN DRIVE
MECHANICSBURG, PA 17055 by handing to
CYNTHIA BARRETT
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 6.00 r
Service 7.59 Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
23.59 12/17/2002
FEDERMAN & PHE O
Sworn and Subscribed to before By:
me this -3.M day of Deputy Sher
?th13 A.D.
L,l?.?? ?7 7? e e, " 4 Dar
rothonotary
FEDERMAN AND PHELAN, LLP
By: FRANK FEDERMAN
Identification No. 12248
Attorney for Plaintiff
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
MANUFACTURERS & TRADERS TRUST
COMPANY, ONE M & T PLAZA, BUFFALO, NY
14203-2399, TRUSTEE FOR SECURITIZATION
SERIES 1996-1, AGREEMENT DATED 2/1/96
P.O. BOX 65250
SALT LAKE CITY, UT 84165-0250
V.
Plaintiff,
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 02-5756
WARREN BARRETT A/K/A WARREN J.
BARRETT
CYNTHIA BARRETT A/K/A CYNTHIA B.
BARRETT
Defendant(s).
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against WARREN BARRETT A/K/A
WARREN J. BARRETT and CYNTHIA BARRETT A/K/A CYNTHIA B. BARRETT,
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 11/2/02 to 1/21/03
TOTAL
$95,105.15
$1,847.61
$96,952.76
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.
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICAT D.
DATE: 424-3
PRO PROTHY
FEDERMAN AND PHELAN
BY: FRANK FEDERMAN, ESQUIRE
Identification No. 12248
1617 John F. Kennedy Boulevard Suite 1400
Philadelphia, PA 19103-1814
(215)561-100Q-
MANUFACTURERS AND TRADERS TRUST
COMPANY, ONE M & T PLAZA,
BUFFALO, NY 14203-2399 , TRUSTEE
FOR SECURITIZATION SERIES 1996-1,
AGREEMENT DATED 2/1/96
Plaintiff
Vs.
WARREN BARRETT, A/K/A WARREN J.
BARRETT -
CYNTHIA BARRETT, A/K/A CYNTHIA
BARRETT, A/K/A CYNTHIA B. BARRETT
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: CUMBERLAND COUNTY
: NO. 02-5756
Defendant(s)
TO: WARREN FXRRETT, A/K/A WARREN J. BARRETT
209 LINDHAM COURT
MECHANICSBURG, PA 17055
DATE OF NOTICN: JANUARY 7, 2003
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 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 (10) 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 notice to a
lawyer at onc:. If you do not have a lawyer or cannot afford one, go to
or telephone the following office to find out where you can get legal
help:
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
rank Federman, Esquire
Attorney for Plaintiff
Attorney for Plaintiff
FEDERMAN AND PHELAN
'BY: FRANK FEDERMAN, ESQUIRE
Identification No. 12248
1617 John F. Kennedy Boulevard Suite 1400
Philadelphia, PA 19103-1814
(,ui) 561-7000-
MANUFACTURERS AND TRADERS TRUST
COMPANY, ONE M & T PLAZA,
BUFFALO, NY 14203-2399 , TRUSTEE
FOR SECURITIZ,TION SERIES 1996-1,
AGREEMENT DATED 2/1/96
Plaintiff
,vs.
WARREN BARRETT, A/K/A WARREN J.
BARRETT
CYNTHIA BARRETT, A/K/A CYNTHIA
BARRETT, A/K/A CYNTHIA B. BARRETT
Defendant
Attorney for Plaintiff
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: CUMBERLAND COUNTY
: NO. 02-5756
TO: CYNTHIA 3ARRETT, A/K/A CYNTHIA BARRETT, A/K/A CYNTHIA B. BARRETT
2103 ASPEN DRIVE
MECHANICSBURG, PA 17055
DATE OF NOTI^E: JANUARY 7, 2003
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.
THIS NCTICE 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, BTTT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY.
IMPORTANT NOTICE
You are in default because you have failed 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 (10) days from the date of this
notice, a judgment may be entered against you without a hearing
and you ma- lose your property or other important rights. You
should take ;:his notice to a lawyer at once. If you do not have a
lawyer or cannot afford one, go to or telephone the following
office to find out where you can get legal help:
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
?1 lm?v LoAlufbufo
Frank Federman, Esquire
Attorney for Plaintiff
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-05756 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MANUFACTURERS & TRADERS TRUST
VS
BARETT WARREN ET AL
DAWN KELL , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
BARRETT WARREN AKA WARREN J BARRETT the
DEFENDANT at 1925:00 HOURS, on the 13th day of December , 2002
at 209 LINDHAM COURT
MECHANICSBURG, PA 17055
CYNTHIA BARRETT
by handing to
EX-WIFE, SHE WAS BABYSITTING
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing
Service 18.00
7
59
.
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
35.59 12/17/2002
FEDERMAN & PHELAN
Sworn and Subscribed to before By:
Q
'
11 K ?LX,
A?
me this day of Deputy Sheriff
A. D.
Prothonotary
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-05756 P
CvMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MANUFACTURERS & TRADERS TRUST
VS
BARETT WARREN ET AL
CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
BARRETT CYNTHIA AKA CYNTHIA B BARRETT the
DEFENDANT , at 1906:00 HOURS, on the 10th day of December , 2002
at 2103 ASPEN DRIVE
MECHANICSBURG, PA 17055
CYNTHIA BARRE
by handing to
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 7.59
Affidavit .00
Surcharge 10.00
nn
So Answers:
R. Thomas Kline
12/17/2002
FEDERMAN &
Sworn and Subscribed to before
me this day of
A. D.
By:
Prothonotary
Q r,
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FEDERMAN and PHELAN, LLP
By: FRANK FEDERMAN
Identification No. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215)563-7000
MANUFACTURERS & TRADERS TRUST
COMPANY, ONE M & T PLAZA, BUFFALO, NY
14203-2399, TRUSTEE FOR SECURITIZATION
SERIES 1996-1, AGREEMENT DATED 2/l/96
P.O. BOX 65250
v.
Plaintiff,
WARREN BARRETT A/K/A WARREN J.
BARRETT
CYNTHIA BARRETT A/K/A CYNTHIA B.
BARRETT
Defendant(s).
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 02-5756
VERIFICATION OF NON-MILITARY SERVICE
FRANK FEDERMAN, 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 WARREN BARRETT A/K/A WARREN J. BARRETT is over 18
years of age and resides at , 209 LINDHAM COURT, MECHANICSBURG, PA 17055.
(c) that defendant CYNTHIA BARRETT A/K/A CYNTHIA B. BARRETT is over 18
years of age, and resides at , 2103 ASPEN DRIVE, MECHANICSBURG, PA 17055.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
i4
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
?? G c7
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PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
MANUFACTURERS & TRADERS TRUST
COMPANY, ONE M & T PLAZA, BUFFALO, NY
14203-2399, TRUSTEE FOR SECURITIZATION
SERIES 1996-1, AGREEMENT DATED 2/1/96 No. 02-5756
Plaintiff,
V.
WARREN BARRETT A/K/A WARREN J.
BARRETT
CYNTHIA BARRETT A/K/A CYNTHIA B.
BARRETT
Defendant(s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
Interest from 1/22/03 to 6/11/03
(per diem -$15.94)
TOTAL
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$96,952.76
$2,247.54 and Costs
$99,200.30
FRANK FEDERMAN, ESQUIRE
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19f03-1814
Attorney for Plaintiff
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ALL THAT CERTAIN house and lot of ground situate in the Township of,
Upper Allen, County o,f, Cumberland and State of Pennsylvania. bounded
and described as follows, to wit:
IIEGINNING at a point in the northeasterly line of the public road
leading to U.S. Route 15, Traffic Route 114 (L.P.. 416), which said
point is in the division line between Lots Nos. 144 and 145 on the
hereinafter mentioned Plan of Lots; TFIFNCE along the division line
between Lots Nos. 144 and 14S on said Plan, North 30 denrces 26 pin
utes East oae hundred thirty and Fifty-four hundredths (13n.54) feet:
to a point in the division line between Lots Nos. 145 and 143 on said
Plan; TIIENC along the division line between Lots Nos. 145 and 143
and Lots Nos. 14S and 142, South 59 degrees 34 ruinittcs Fast, ninety
(90) feet ti a Pont in the division line between Lots Nos. 145 and
146 on said Plan; THENCE along the division line between Lots Nos,
145 and 146, South 30 degrees 26 minutes Nest, one hundred thirty
anti fifty-f,xur hundredths (130.54) feet to a point in the northeast-;
erly line o° the public road leading to U.S. Rouite 15, Traffic Route,
I14 (L.R. 4:16), aforementioned; THENCE along the northeasterly line
of said road, North 59 degrees 34 minutes West, ninety (90) feet to
a point in ':he division line between Lots Nos. 144 and 145, at the
point and P:Lace of BEGINNING.
BEING KNOWN AS 2103 ASPEN DRIVE, MECHANICSBURG, PA 17055.
TAX PARCEL # 42-28-2421-125
TITLE TO SAID PREMISES IS VESTED IN WARREN J. BARRETT AND CYNTHIA
B. BARRETT, HIS WIFE BY DEED FROM KENNETH J. KOSAN AND THERESA
M. KOSAN, HIS WIFE DATED 12/6/1978, RECORDED 12/8/1978, IN DEED BOOK
E, VOLUME 28, PAGE 672.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 02-5756 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MANUFACTURERS & TRADERS TRUST
COMPANY, ONE M & T PLAZA, BUFFALO, NY 14203-2399, TRUSTEE FOR
SECURITIZATION SERIES 1996-1, AGREEMENT DATED 2/1/96, Plaintiff (s)
From WARREN BARRETT A/K/A WARREN J. BARRETT, 209 LINDHAM COURT,
MECHANICSBURG, PA 17055 AND CYNTHIA BARRETT A/K/A CYNTHIA B. BARRETT, 2103
ASPEN DRIVE, MECHANICSBURG, PA 17055
(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 gamishee(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 $96,952.76 L.L. $.50
Interest FROM 1/22/03 TO 6/11/03 (PER DIEM - $15.94) - $2,247.54 AND COSTS
Atty's Comm % Due Prothy $1.00
Arty Paid $141.18 Other Costs
Plaintiff Paid
Date: JANUARY 22, 2003
CURTIS R. LONG
Prothonotary
(Seal) ?L?/1Q 8 . ?yy)
Z/ u y .
Deputy
REQUESTING PARTY:
Name FRANK FEDERMAN, ESQUIRE
Address: ONE PENN CENTER AT SUBURAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 12248
FEDERMAN and PHELAN, LLP
By: FRANK FEDERMAN
Identification No. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
MANUFACTURERS & TRADERS TRUST
COMPANY, ONE M & T PLAZA, BUFFALO, NY
14203-2399, TRUSTEE FOR SECURITIZATION
SERIES 1996-1, AGREEMENT DATED 2/1/96
Plaintiff,
V.
WARREN BARRETT A/K/A WARREN J.
BARRETT
CYNTHIA BARRETT A/K/A CYNTHIA B.
BARRETT
Defendant(s).
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 02-5756
CERTIFICATION
FRANK FEDERMAN, 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.
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
Cl)
MANUFACTURERS & TRADERS TRUST
COMPANY, ONE M & T PLAZA, BUFFALO, NY
14203-2399, TRUSTEE FOR SECURITIZATION
SERIES 1996-1, AGREEMENT DATED 2/1/96
v.
Plaintiff,
WARREN BARRETT A/K/A WARREN J.
BARRETT
CYNTHIA BARRETT A/K/A CYNTHIA B.
BARRETT
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 02-5756
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. 1)
MANUFACTURERS & TRADERS TRUST COMPANY ONE M & T PLAZA BUFFALO NY
14203-2399 TRUSTEE FOR SECURITIZATION SERIES 1996-1 AGREEMENT DATED
2/1/96, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, 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,2103 ASPEN DRIVE, MECHANICSBURG PA 17055
1. Name and address of Owner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
WARREN BARRETT A/K/A WARREN J. 209 LINDHAM COURT
BARRETT MECHANICSBURG, PA 17055
CYNTHIA BARRETT A/K/A CYNTHIA B. 2103 ASPEN DRIVE
BARRETT MECHANICSBURG, PA 17055
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
4. Name and address of last recorded holder of every mortgage of record:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
BANC ONE FINANCIAL SERCICES, INC. ADDRESS TO BE DETERMINED
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)
SPRING RUN ACRES 109 E ELMWOOD AVENUE
MECHANICSBURG, PA 17055-4244
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
Tenant/Occupant
Domestic Relations of Cumberland County
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
2103 ASPEN DRIVE
MECHANICSBURG, PA 17055
13 North Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
Janu4a 17 2003 1-
DATE
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
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V / ? Fem. ' ?/ `
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w -<
MANUFACTURERS & T?AZA5RTRUST BUFFALO, NY
COMPANY, ONE M TIZATION
14203-2399, TRUSTEE FOR SECURI
SERIES 1996-1, AGREEMENT DATED 211196
Plaintiff,
CUMBERLAND COUNTY
No. 02-5756
V.
WARREN BARRETT A/K/A WARREN J.
BARRETT
CYNTHIA BARRETT A/K/A CYNTHIA B.
BARRETT
Defendant(s).
TO: WARREN BARRETT
A/K/A WARREN J.13ARRETT
209 LINDHAM COURT
G PA 17055
January 17, 2003
CYNTHIA BARRETT
A/KIA CYNTHIA B. BARRETT
2103 ASPEN DRIVE
MECHANICSBURG, PA 17055
MECHANICSBUR ,
* *THIS FIRM IS A DEBT COLL?iTTORRPOSE. IF YOU ATTEMPTING TO HAVE COLLECT A PREVIOUSLY RE AND ANY DISCHARGE I
ECNOT BE CONSTRUED TO BE
OBTAINED WILL BE USED FOR THAT
BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD
OFA LIEN AGAINST PR
AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OP PA 17055 is
y
Your house (real estate) at 2103 ASPEN DRIVE MECHANICS BUR the scheduled to be sold at the Sheriff tsSale o lisle,6PA 0 170131 to anforcelthe ourt judbergnandent of Coun $96 52.76
Courthouse, South Hanover Street, Car ERS TRUST COMPANY ONE M & T PLAZA
obtained by MANUFACTURERS & TRAD
BUFFALO NY 14203-2399 TRUSTEE FOR SE CaURtly uZATIO N SR--S a1e96COntinued, an
AGREE wenENT t wil be mlade a9said sae ingcompliance with Pa.R.C.P., Rule 3129.3.
announce
NOTICE OF OWNER'S RIGHTS
To prevent this Sheriff s Sale, you must take immediate action:
1 The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
You must a ou may
costs and reasonable attorney's fees due. To find out how much y p y' y
call: (215 -000•
2, You maybe able to stop the sale by filing a petition asking the Court to strike or open f
cwas ause. properly entered. You may also ask the Court to
, if the judgment
judgment, if
sale good
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.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
ALL THAT CURTAIN house and lot of Eround situate in the Tcnvnshin of
Upper Allen, County OR Cumberland and State of. Pennsylvania, bounded'
and described as follows, to wit:
BEGINNING at a point in the northeasterly line of the Public road is
loading to U.S. Routtc IS, Traffic Route 114 (L.R. 416), which said
point is in the division line between Lots Nos. 144 and 145 on thq
hereinafter mentioned Plan of Lots; THENCE along the division line
between Lots Nos. 144 and 145 on said Plan, North 30 denrces 26 nin
Bites Last oae hundred thirty and fifty-four hundredths (13n.54) feet,
to a point Ln the division line between Lots Nos. 145 and 143 on said
Plan; TIIENCi along the division line betuveen Lots Nos, 145 and 143
and Lots Nos. 145 and 142, South S9 degrees 34 minutes Fast, ninety
(90) fact t3 a Pont in the division line between Lots Nos. 145 and
146 on said Plan; THENCE along the division line between Lots Nos,
145 ant 146, South 30 degrees 26 minutes West. one hundred thirty
and fifty-f,2ur hundredths (130.54) feet to a point in the northeast-;
erly line o.° the public road leading to U.S. Route 15, Traffic Route,
114 (L.R. 4:L6), aforementioned; TIIP.NCT' along the northeasterly line
of said roa#I, North S9 degrees 34 minutes West, ninety C90) feet to
a point in :he division line between Lots Nos. 144 and 145, at the
point and P:Lace of BEGINNING.
BEING KNOWN AS 2103 ASPEN DRIVE, MECHANICSBURG, PA 17055.
TAX PARCEL # 42-28-2421-125
TITLE TO SAID PREMISES IS VESTED IN WARREN J. BARRETT AND CYNTHIA
B. BARRETT, HIS WIFE BY DEED FROM KENNETH J. KOSAN AND THERESA
M. KOSAN, HIS WIFE DATED 12/6/1978, RECORDED 12/8/1978, IN DEED BOOK
E, VOLUME 28, PAGE 672.
? t tb
-S i
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Manufacturers & Traders Trust Company In The Court of Common Pleas of
One M & T Plaza, Buffalo, NY 14203- Cumberland County, Pennsylvania
2399, Trustee for Securitization Writ No. 2002-5756 Civil Term
Series 1996-1, Agreement Dated 2/1/96
VS
Warren Barrett a/k/a Warren J. Barrett and Cynthia Barrett a/k/a Cynthia B. Barrett
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED pursuant to instructions from Attorney Frank Federman.
Sheriff's Costs:
Docketing
Poundage
Posting Handbills
Advertising
Surcharge
Law Library
Prothonotary
Mileage
Certified Mail
Levy
Cumberland Law Journal
Patriot News
Share of Bills
30.00
15.59
15.00
15.00
30.00
.50
1.00
21.39
15.00
325.85
300.55
25.24
$ 795.12 paid by attorney
5/15/03
Sworn and subscribed to before me
This J1 !? day of
2003, A.D.
Prothonotary
?S?oyAnswer • '??
R. Thomas Kline, Sheriff
BY v a . ???1n
Real Est Deputy
y Dc? N-3
3F? (- 0
Real Estate Sale # 07
On February 4, 2003 the sheriff levied upon the
defendant's interest in the real property situated in
Upper Allen Township, Cumberland County, PA
known and numbered as 2103 Aspen Dr., Mechanicsburg,
more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: February 4, 2003 By:`bd-q6?
Real Estate Deputy
IPPP"?
7(ge,
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE 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 to lal courts as the official legal aforesaid,
was established January 2, 1952, and designated by the 2„ 1952, been regularly attached
hereto periodical for the publication of all legal notices, and has, since January issued weekly in the said County, and that the printed
and issues of the ?ud Cumberland Law
exactly the same as was printed in the regular editions
Journal on the following dates,
viz:
APRIL 25, MAY 2, 9, 2003
Affiant further deposes that he is authorized to verify this statement byh Cumberland
the subect
Law Journal, a legal periodical of general circulation, and that he is not interested
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
REAL ESTATE SALE NO. 7
Writ No. 2002-5756 Civil
Manufacturers & Traders Trust
Company. One M & T Plaza,
Buffalo, NY 14203-2399, Trustee
for Securitization Series 1996-1
Agreement Dated 2/1/96
vs.
Warren Barrett, a/k/a
Warren J. Barrett and
Cynthia Barrett, a/k/a
Cynthia B. Barrett
Atty.: Frank Federman
ALL THAT CERTAIN house and
lot of ground situate in the Town-
ship of Upper Allen, County of Cum-
berland and State of Pennsylvania,
bounded and described as follows,
to wit:
BEGINNING at a point in the
northeasterly line of the public road
leading to U.S. Route 15. Traffic
Route 114 (L.R. 416), which said
point is in the division line between
Lots Nos. 144 and 145 on the here-
inafter mentioned Plan of Lots;
Marie
SWORN TO AND SUBSCRIBED before me this
9 day of MAY, 2003
res?a
caud
C C_ t I
6
y p alee
THENCE along the division line be-
tween Lots Nos. 144 and 145 on
said Plan, North 30 degrees 26 min-
utes East one hundred thirty and
fifty-four hundredths (130.54) feet
to a point in the division line be-
tween Lots Nos. 145 and 143 on
said Plan; THENCE along the divi-
sion line between Lots Nos. 145 and
143 and Lots Nos. 145 and 142,
South 59 degrees 34 minutes East,
ninety (90) feet to a pont in the divi-
sion line between Lots Nos. 145 and
146 on said Plan; THENCE along the
division line between Lots Nos. 145
and 146, South 30 degrees 26 min-
utes West, one hundred thirty and
fifty-four hundredths (130.54) feet
to a point in the northeasterly line
of the public road leading to U.S.
Route 15, Traffic Route 114 (L.R.
416), aforementioned; THENCE
along the northeasterly line of said
road, North 59 degrees 34 minutes
West, ninety (90) feet to a point in
the division line between Lots Nos.
144 and 145, at the point and Place
of BEGINNING.
BEING KNOWN AS 2103 ASPEN
DRIVE, MECHANICSBURG, PA
17055.
TAX PARCEL #42-28-2421-125.
TITLE TO SAID PREMISES IS
VESTED IN Warren J. Barrett and
Cynthia B. Barrett, his wife by Deed
from Kenneth J. Kosan and Theresa
M. Kosan. his wife dated 12/6/1978.
recorded 12/8/1978, in Deed Book
E, Volume 28, Page 672.
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 Asst.
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 22nd and 29th day(s) of April and the 6th
day(s) of May 2003. 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 ......................psfibedbefore ..........14.... ._?.......
COPY Sworn to and sume this 14th day oWay gOT A.D.
SALE #7 Notarial Seat
Terry L Russell, Notary Public
REAL ESTATE SALE No. 7 Cry of Harrisburg, Dauphin County
LIC
Writ
Commission Expires June 6, 2006 NOT R PUB
No. M
y
Civil
Manufacturers &Traders Member, Pennsylvania AssodaWn Of Notaries My commission expires June 6, 2006
Trust Co.,
One M &T Plaza, Buffalo,
NY 14203-2399,
CUMBERLAND COUNTY SHERIFFS OFFICE
Trustee for Securitization
CUMBERLAND COUNTY COURTHOUSE
Series 1996-1
Agreement Dated 2/1/96 CARLISLE, PA. 17013
vs
Warren Barrett a/Wa
Warren J. Barrett and
Statement of Advertising (Costs
Cyynthl9 Barrett a/k/a
nrith'a B. Barrett
To THE PATRIOT-NEWS CO., Dr.
Atty: Frank Federman
For publishing the notice or publication attached
DESCRIPTION TION
ALL THAT CERTAIN house and lot of ground
hereto on the above stated dates $ 298.80
situate in the Township of Upper Allen, County of
Cumberland and State of Pennsylvania, bounded Probating same Notary Fee(s) $ 1.75
g
and described as follows, to wit: Total $ 300.55
BEGINNING at a point in the northeasterly line
of the public road leading to U.S. Route 15,
Traffic Route114 (L.R. 416), which said point is
in the division line between Lots Nos. 144 and Publisher's
Receipt for Advertising Cost
The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid. 145 on the hereinafter mentioned plan of Lots;
THENCE along the division tine between Lots
Nos. 144 and 145 on said Plan, North 30 degrees
26 minutes East one hundred thirty and fifty-four By ................................................ • • • •....."""""'
hundredths (130.54) feet to a point in the division
line between Lots Nos. 145 and 143 on said Plan; 34 minutes West, ninety (90) feet to a point in the
THENCE along the division line between Lots division line between Lots Nos. 144 and 145
at
Nos. 145 and 143 and Lots Nos. 145 and 142,
S
th 59 d
34
i
E ,
the point and Place of BEGINNING.
ou
egrees
m
nutes
ast, ninety (90) BEING KNOWN as 2103 Aspen Drive,
feetto a point in the division line between Lots Mechanicsburg, PA 17055.
Nos. 145 and 146 on i aid Plan; THENCE along TAX PARCEL #42-28-2421-125.
the division line between Lots Nos. 145 and 146, TITLE TO SAID premises is vested in Warren J.
South 30 degrees 26'minutes West, one hundred Barrett and Cynthia B. Barrett, his wife, by deed
thirty and fifty-four undredths (130.54) feet to a from Kenneth J. Kosan andTheresa M. Kosan
his
point in the northeasterly line of the public road ,
wife, dated 12/611978, recorded 12/8/1978
in
leading to U.S. Route 15, Traffic Route 114 (L.R. ,
Deed Book E, Volume 28, Page 672.
416), aforementioned; THENCE along the
northeasterly line of said road, North 59 degrees
FEDERMAN AND PHELAN, LLP
By: Frank Federman, Esquire
Atty. I.D. No.: 12248
One Penn Center at Suburban Station
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
MANUFACTURERS & TRADERS TRUST
COMPANY, ONE M & T PLAZA, BUFFALO,
NY 14203-2399, TRUSTEE FOR SECURITIZATION
SERIES 1996-1, AGREEMENT DATED 02/01/96
VS.
Plaintiff
WARREN BARRETT
A/K/A WARREN J. BARRETT
CYNTHIA BARRETT
A/K/A CYNTHIA B. BARRETT
Defendant(s)
Attorney for Plaintiff
Court of Common Pleas
CUMBERLAND County
No. 02-5756
PRAECIPE TO WITHDRAW COMPLAINT,
WITHDRAW JUDGMENT AND DISCONTINUE AND
END ACTION. WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly withdraw the complaint filed in the instant matter, without prejudice, withdraw
the judgment entered on 01/22/03 in the amount of $96,952.76 and mark this case
discontinued and ended, upon payment of your costs only.
Date
Frank Federman
Attorney for Plaintiff
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